Spouse on Payroll to claim job creation points

Meesha · Post by **Meesha** » Wed Oct 03, 2018 7:28 pm

Dear forum members,
I am going to apply for ILR in few weeks through 50K Tier1 Ent route. Please help me by clarifying few points in Set (O) form:
Q1.
Section 5.3 Are you working in the UK?
Should i say yes as director of my limited company. Or i should say No as technically i am not working in UK.
Q2.
Section 5.4 Does a relative or friend of you or your partner, or both of you, regularly give you money?
My husband is working full time and bearing all family expenses as my company is in loss. How much i need to put in this section? What proof i need to present?
Q3:
Do i need to fill section 5.7 too?
Q4:
Section 6.1: When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
As i switched from PSW to Tier1 ent from inside UK. Should i put start date of Tier1 Ent visa?
Q5:
6.4 When did you last enter the UK?
What is this? Does it mean the last entry in UK after holidays etc?
Q6:
What is the difference between section 6.2 and and 6.11? Do i need to complete both related to my absences from UK?
Q7:
I believe i don't need to write a letter or provide any proof for my absences? Am i right?
Q8:
In table X1 i need to enter points across heading?

Much thanks in advance. You guys are really amazing helpers.
Cheers
Meesha

rajesh0505 · Post by **rajesh0505** » Thu Oct 04, 2018 6:24 pm

I am also on the same boat. I am applying my visa next week. Just got confused with the form. Is there any one who can reply this.

What about section 9 B6? As i have not joined or take over existing business, do i still have to get letter from an accountant for the employe creation?

Let's have discussion and help each other.

Thanks in advance.

marcnath · Post by **marcnath** » Sun Oct 07, 2018 2:35 pm

Meesha wrote: ↑
Wed Oct 03, 2018 7:28 pm
Dear forum members,
I am going to apply for ILR in few weeks through 50K Tier1 Ent route. Please help me by clarifying few points in Set (O) form:
Q1.
Section 5.3 Are you working in the UK?
Should i say yes as director of my limited company. Or i should say No as technically i am not working in UK.
Q2.
Section 5.4 Does a relative or friend of you or your partner, or both of you, regularly give you money?
My husband is working full time and bearing all family expenses as my company is in loss. How much i need to put in this section? What proof i need to present?
Q3:
Do i need to fill section 5.7 too?
Q4:
Section 6.1: When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
As i switched from PSW to Tier1 ent from inside UK. Should i put start date of Tier1 Ent visa?
Q5:
6.4 When did you last enter the UK?
What is this? Does it mean the last entry in UK after holidays etc?
Q6:
What is the difference between section 6.2 and and 6.11? Do i need to complete both related to my absences from UK?
Q7:
I believe i don't need to write a letter or provide any proof for my absences? Am i right?
Q8:
In table X1 i need to enter points across heading?

Much thanks in advance. You guys are really amazing helpers.
Cheers
Meesha

Section 5 is not very important for T1E but you do need to answer.
1. What do you mean when you say you are not working ? Has your business stopped operations ?
2. This is for any third party giving you money
3. Yes
4. Yes
5. Yes
6. 6.11 is a follow up from 6.10. Probably not applicable to you
7. Correct
8. What points are you referring to ?

Meesha · Post by **Meesha** » Sun Oct 07, 2018 3:24 pm

marcnath wrote: ↑
Sun Oct 07, 2018 2:35 pm

Meesha wrote: ↑
Wed Oct 03, 2018 7:28 pm
Dear forum members,
I am going to apply for ILR in few weeks through 50K Tier1 Ent route. Please help me by clarifying few points in Set (O) form:
Q1.
Section 5.3 Are you working in the UK?
Should i say yes as director of my limited company. Or i should say No as technically i am not working in UK.
Q2.
Section 5.4 Does a relative or friend of you or your partner, or both of you, regularly give you money?
My husband is working full time and bearing all family expenses as my company is in loss. How much i need to put in this section? What proof i need to present?
Q3:
Do i need to fill section 5.7 too?
Q4:
Section 6.1: When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
As i switched from PSW to Tier1 ent from inside UK. Should i put start date of Tier1 Ent visa?
Q5:
6.4 When did you last enter the UK?
What is this? Does it mean the last entry in UK after holidays etc?
Q6:
What is the difference between section 6.2 and and 6.11? Do i need to complete both related to my absences from UK?
Q7:
I believe i don't need to write a letter or provide any proof for my absences? Am i right?
Q8:
In table X1 i need to enter points across heading?

Much thanks in advance. You guys are really amazing helpers.
Cheers
Meesha
Section 5 is not very important for T1E but you do need to answer.
1. What do you mean when you say you are not working ? Has your business stopped operations ?
2. This is for any third party giving you money
3. Yes
4. Yes
5. Yes
6. 6.11 is a follow up from 6.10. Probably not applicable to you
7. Correct
8. What points are you referring to ?

Thanks a lot Marcnath,
For me Q2 is tricky, If i say i get money from my husband to pay rent of house and other households, how to justify having him as one employee in my company for which i will claim points too. This clearly is recycling of money. Or does it mean money for running business not house?
Q8. I mean points to claim for jobs, registered company etc

Thanks

marcnath · Post by **marcnath** » Sun Oct 07, 2018 3:40 pm

Meesha wrote: ↑
Sun Oct 07, 2018 3:24 pm

marcnath wrote: ↑
Sun Oct 07, 2018 2:35 pm

Meesha wrote: ↑
Wed Oct 03, 2018 7:28 pm
Dear forum members,
I am going to apply for ILR in few weeks through 50K Tier1 Ent route. Please help me by clarifying few points in Set (O) form:
Q1.
Section 5.3 Are you working in the UK?
Should i say yes as director of my limited company. Or i should say No as technically i am not working in UK.
Q2.
Section 5.4 Does a relative or friend of you or your partner, or both of you, regularly give you money?
My husband is working full time and bearing all family expenses as my company is in loss. How much i need to put in this section? What proof i need to present?
Q3:
Do i need to fill section 5.7 too?
Q4:
Section 6.1: When did you (the main applicant) first enter the UK? This refers to the date you entered the
UK at the beginning of the period of stay on which this application is based.
As i switched from PSW to Tier1 ent from inside UK. Should i put start date of Tier1 Ent visa?
Q5:
6.4 When did you last enter the UK?
What is this? Does it mean the last entry in UK after holidays etc?
Q6:
What is the difference between section 6.2 and and 6.11? Do i need to complete both related to my absences from UK?
Q7:
I believe i don't need to write a letter or provide any proof for my absences? Am i right?
Q8:
In table X1 i need to enter points across heading?

Much thanks in advance. You guys are really amazing helpers.
Cheers
Meesha
Section 5 is not very important for T1E but you do need to answer.
1. What do you mean when you say you are not working ? Has your business stopped operations ?
2. This is for any third party giving you money
3. Yes
4. Yes
5. Yes
6. 6.11 is a follow up from 6.10. Probably not applicable to you
7. Correct
8. What points are you referring to ?
Thanks a lot Marcnath,
For me Q2 is tricky, If i say i get money from my husband to pay rent of house and other households, how to justify having him as one employee in my company for which i will claim points too. This clearly is recycling of money. Or does it mean money for running business not house?
Q8. I mean points to claim for jobs, registered company etc

Thanks

5.4 is Does a relative or friend of you or your partner, or both of you, regularly give you money? My interpretation of that it clearly does not refer to you or your partner but only to other relatives of either of you. So, if no one else is giving you money, you can say No.

So your husband is a settled person ? Did you claim points for him during your extension also ? Either way, it should not have an impact.

Q8. I don't see a column to enter points, so the answer is no

CULLINAN · Post by **CULLINAN** » Sun Oct 07, 2018 5:56 pm

Probably what you can do is you can tick that no and IF you have your own personal savings you can send the bank statements as a proof that you can sustain yourself. Just a suggestion.

You mentioned your husband is an employee in your company? I was not aware if you can employee spouse as an employee?

Meesha · Post by **Meesha** » Mon Oct 15, 2018 9:48 am

Hi Tier11417,
I am still not sure if having a spouse on payroll can create trouble with ILR. I have not seen anyone successfully doing it so far. So fingers crossed but i personally dont see any problem for doing it. i will share my experience once i will get through it.
cheers

tier11417 wrote: ↑
Sun Oct 07, 2018 5:56 pm
Probably what you can do is you can tick that no and IF you have your own personal savings you can send the bank statements as a proof that you can sustain yourself. Just a suggestion.

You mentioned your husband is an employee in your company? I was not aware if you can employee spouse as an employee?

ishfaqsangra · Post by **ishfaqsangra** » Mon Oct 22, 2018 10:59 am

Hi,

Having spouse as an employee, should not be a problem, I guess.
Having spouse as an employee to be claimed points for Job Creation under Tier 1 E , you never know

Meesha · Post by **Meesha** » Mon Oct 22, 2018 12:56 pm

Dear Forum members,
I have my spouse on payroll of my company and i intend to claim points for job creation for Tier1 Ent ILR application. Is it going to create any trouble?
My company is in loss so far. We are paying for livings costs from my husband's job (other than company salary though). SO in form i will mention it how we manage our finances. I am so worried about it now, how to justify it? Is there anyway that it will look like recycling of money to pay living costs and not investment in business. The idea of Tier1 ent is to provide jobs to two settled persons in UK who can be anyone; can be ur family members or friends as long as they met job criteria.
Can zimba and CR001 please advise about this particular issue?

CR001 · Post by **CR001** » Mon Oct 22, 2018 12:59 pm

Topics Merged (click to read the multiple topics rule again)!!

Meesha · Post by **Meesha** » Mon Oct 22, 2018 1:08 pm

Ok thanks. But my question is relevant to Tier1 ent section not ILR. I do have my posts in Tier1 ent section, can u merge it with those instead here.

CR001 · Post by **CR001** » Mon Oct 22, 2018 1:09 pm

Meesha wrote: ↑
Mon Oct 22, 2018 1:08 pm
Ok thanks. But my question is relevant to Tier1 ent section not ILR. I do have my posts in Tier1 ent section, can u merge it with those instead here.

Meesha wrote: ↑
Mon Oct 22, 2018 12:56 pm
Dear Forum members,
I have my spouse on payroll of my company and i intend to claim points for job creation for Tier1 Ent ILR application. Is it going to create any trouble?
My company is in loss so far. We are paying for livings costs from my husband's job (other than company salary though). SO in form i will mention it how we manage our finances. I am so worried about it now, how to justify it? Is there anyway that it will look like recycling of money to pay living costs and not investment in business. The idea of Tier1 ent is to provide jobs to two settled persons in UK who can be anyone; can be ur family members or friends as long as they met job criteria.
Can zimba and CR001 please advise about this particular issue?

CR001 · Post by **CR001** » Mon Oct 22, 2018 1:11 pm

See also do-not-post-t1e-to-ilr-questions-in-this-sub-forum (click) from the Tier 1 Ent sub forum.

marcnath · Post by **marcnath** » Mon Oct 22, 2018 1:28 pm

Meesha wrote: ↑
Mon Oct 22, 2018 12:56 pm
Dear Forum members,
I have my spouse on payroll of my company and i intend to claim points for job creation for Tier1 Ent ILR application. Is it going to create any trouble?
My company is in loss so far. We are paying for livings costs from my husband's job (other than company salary though). SO in form i will mention it how we manage our finances. I am so worried about it now, how to justify it? Is there anyway that it will look like recycling of money to pay living costs and not investment in business. The idea of Tier1 ent is to provide jobs to two settled persons in UK who can be anyone; can be ur family members or friends as long as they met job criteria.
Can zimba and CR001 please advise about this particular issue?

As replied earlier, THERE IS NOTHING in the immigration rules that says that you can employ a spouse or relative as a settled employee and claim points.

From what you are saying and your concern, the worry would be more about whether you have been having your spouse on payroll purely for meeting the requirements rather than because your spouse is actually doing some relevant work.

CULLINAN · Post by **CULLINAN** » Mon Oct 22, 2018 11:54 pm

I hope you will be ok Meesha.
Personally I think you do not need to mention that you are living on your husband’s salary (employee in your case also)
As Marcnath and senior members have already mentioned section 5 is not important for tier 1. It is a generic form.
If you have any personal savings I am pretty sure sending bank statements would be enough to show that you can sustain yourself.

Are you filling out the paper form or online form? I plan to fill out the online form and I read online form is more relevant to your Tier category so probably that will be better with more specific questions.

Please do let us know about your experience as it helps all members.

Thanks

CULLINAN · Post by **CULLINAN** » Mon Oct 22, 2018 11:59 pm

When do you plan to apply?

Meesha · Post by **Meesha** » Tue Oct 23, 2018 9:26 am

Thanks everyone for feedback.
I intend to apply in middle of nov as i can apply 28 days before completing 5 years. My current visa is valid until mid June.I will update about my case off course.
@Marcnath, My husband has relevant degree and experience and had been working for the company on and off in past without being on payroll, though i have him on payroll to meet requirement this time. I am worried because he had been dependent on my visa until he got his citizenship in LR category.

How early can i fill in online form?

Many Thanks

Meesha · Post by **Meesha** » Tue Oct 23, 2018 10:34 am

I have seen online form.
I have one question about it
In one section it asks about countries i lived outside UK either short or long stay?
It does not say in last five years or any time frame?
I have lived in various countries in past for work though not during last 5 years and been in different countries for attending conferences or holidays in past. Do i need to record all this?
Cheers

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Spouse on Payroll to claim job creation points

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