ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

0 hour Contracts , FT/PT so confused

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

The 2 years at extension stage

Post by Anontier1 » Tue Jul 23, 2019 5:06 pm

Hello,

Thank you all for your help, my visa extension was approved and now the 2 years before the ILR stage.

I have a few questions about this next stage as I see that the guidelines now ask to show the activity as per the original business plan submitted which is all fine.
Has any one else recently added another business under the company umbrella, diversifying their business in the inbetween stage of extension and ILR? If so what did you keep in mind at all times? I want to add another business to improve the cash flow etc but not sure if it's allowed.

With regards to the documentation that will need to be provided and the points that will be needed to be claimed to obtain the ILR, what should always be kept in mind to ensure the business is compliant at all stages?

1) Employees ( 2 full time members of staff or more but minimum is 2 FT)
2) Office space/ retail location

Any other crucial factors that will need to be in my mind at all times?

Many thanks!

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: The 2 years at extension stage

Post by marcnath » Tue Jul 23, 2019 8:53 pm

Anontier1 wrote:
Tue Jul 23, 2019 5:06 pm
Hello,

Thank you all for your help, my visa extension was approved and now the 2 years before the ILR stage.

I have a few questions about this next stage as I see that the guidelines now ask to show the activity as per the original business plan submitted which is all fine.
Where did you find this ? Can you quote page number.
Anontier1 wrote:
Tue Jul 23, 2019 5:06 pm
Has any one else recently added another business under the company umbrella, diversifying their business in the inbetween stage of extension and ILR? If so what did you keep in mind at all times? I want to add another business to improve the cash flow etc but not sure if it's allowed.
It is allowed. There are no restrictions.
Anontier1 wrote:
Tue Jul 23, 2019 5:06 pm

With regards to the documentation that will need to be provided and the points that will be needed to be claimed to obtain the ILR, what should always be kept in mind to ensure the business is compliant at all stages?

1) Employees ( 2 full time members of staff or more but minimum is 2 FT)
Minimum 2FT of 12 months each
Anontier1 wrote:
Tue Jul 23, 2019 5:06 pm
2) Office space/ retail location
There is no requirement on this
Anontier1 wrote:
Tue Jul 23, 2019 5:06 pm

Any other crucial factors that will need to be in my mind at all times?

Many thanks!
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Ibbi001
Newly Registered
Posts: 16
Joined: Mon Jul 01, 2019 3:10 pm

Re: The 2 years at extension stage

Post by Ibbi001 » Wed Jul 24, 2019 7:28 am

Hi
What is your timeline please?

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

Re: The 2 years at extension stage

Post by Anontier1 » Mon Jul 29, 2019 6:51 pm


User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: The 2 years at extension stage

Post by zimba » Mon Jul 29, 2019 7:01 pm

Nowhere it says you must show the activity as per the original business plan submitted
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

Re: The 2 years at extension stage

Post by Anontier1 » Sun Aug 04, 2019 1:54 pm

It must be a confusion then as I had heard it from a friend whose lawyers advised her of this.

With regards to the 2 years business and road to ILR, what is needed to be evidenced at all times:
1) Genuine Entrepreneur test- working on the business(es) that were applied with at the time of initial application
2) 2 Full time members at all times
3) Can you have PT workers as well?

In terms of paper trail submission for ILR application, what do the rules currently ask for? I appreciate that by 2021/22 it may be different but it's good to work from a list.

For example
IHS fee
Maintenance amount, how much is it?
Payslips and passports of employees
Accounts
Companies House registration etc
Corporation Tax code
Are business transactions, invoices required? Or just general audited accounts?
Is there anything else that anyone knows that is required?

The reason for these questions is that I currently have a business but want to open another one to generate better cashflow selling a different product to the original business I was on the visa for. It would be under the same Ltd company but a different brand still in line with the same SIC codes on companies house registration but one employee would be on the 1st brand and the 2nd employee and a part timer would be on the 2nd brand. All employees, bank accounts, payments etc all go to the ltd company name and are under them not the brands if that make sense. Would this cause any issues as long as the rules are met of revenue generation, employees and hopefully a healthy profit margin at the end of the 5 years? Would you think this is an issue or is it better to shut down the original business and focus on one?
I know of many local resident owned UK companies who have the 1 ltd company but different brands and operate from that one umbrella, in the case of a Tier 1 would this be an issue or does HO look at it in the same way?


Thank you very much for your help!

User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: The 2 years at extension stage

Post by zimba » Sun Aug 04, 2019 2:07 pm

Lawyers advice has no value if it is not grounded in the immigration rules and facts. I have witnessed many many cases of flatout incorrect and misleading advice given by inept lawyers to the applicants reported here. You are free to start or move on to new businesses and you should score points and get ILR without any issues. No such restriction exists
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: The 2 years at extension stage

Post by marcnath » Sun Aug 04, 2019 2:21 pm

Anontier1 wrote:
Sun Aug 04, 2019 1:54 pm
It must be a confusion then as I had heard it from a friend whose lawyers advised her of this.

With regards to the 2 years business and road to ILR, what is needed to be evidenced at all times:
1) Genuine Entrepreneur test- working on the business(es) that were applied with at the time of initial application ==> No such requirement. The only requirement is that you need to be engaged in a business initially and at the time of application. The business(es) you are involved in needs to be genuine.
2) 2 Full time members at all times ==> No such requirement. The only requirement is that you need to have employed 2 FT equivalent employees for 12 months each .
3) Can you have PT workers as well? ==> Of course

In terms of paper trail submission for ILR application, what do the rules currently ask for? I appreciate that by 2021/22 it may be different but it's good to work from a list.

For example
IHS fee ==> Not needed
Maintenance amount, how much is it?==> Not needed
Payslips and passports of employees
Accounts==> Not needed
Companies House registration etc
Corporation Tax code
Are business transactions, invoices required? Or just general audited accounts?==> Not needed
Is there anything else that anyone knows that is required?==> LIUK test

The reason for these questions is that I currently have a business but want to open another one to generate better cashflow selling a different product to the original business I was on the visa for. It would be under the same Ltd company but a different brand still in line with the same SIC codes on companies house registration but one employee would be on the 1st brand and the 2nd employee and a part timer would be on the 2nd brand. All employees, bank accounts, payments etc all go to the ltd company name and are under them not the brands if that make sense. Would this cause any issues as long as the rules are met of revenue generation, employees and hopefully a healthy profit margin at the end of the 5 years? Would you think this is an issue or is it better to shut down the original business and focus on one?
I know of many local resident owned UK companies who have the 1 ltd company but different brands and operate from that one umbrella, in the case of a Tier 1 would this be an issue or does HO look at it in the same way?


Thank you very much for your help!
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

Re: The 2 years at extension stage

Post by Anontier1 » Wed Aug 07, 2019 12:18 pm

Thanks all for your replies.

A few more questions and I think I know what to do next.

In the guidelines it says if taking over an existing business net employees need to be doubled, therefore if taking over a business which was just husband and wife team and they are leaving the business then what needs to happen?
Can staff be split between two brands under one business?

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: The 2 years at extension stage

Post by marcnath » Thu Aug 08, 2019 1:43 pm

Anontier1 wrote:
Wed Aug 07, 2019 12:18 pm
Thanks all for your replies.

A few more questions and I think I know what to do next.

In the guidelines it says if taking over an existing business net employees need to be doubled, therefore if taking over a business which was just husband and wife team and they are leaving the business then what needs to happen?
Can staff be split between two brands under one business?
I seriously don't understand where you manage to get such information.

I would strongly advice you to read through the guidance document yourself rather than depending on what some obviously ignorant people are telling you.

What you need is two additional jobs created in nett.

If the husband and wife were employees and on the payroll, then you would need to effectively create 4 jobs - two to replace them and two more to have the net increase.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

Re: The 2 years at extension stage

Post by Anontier1 » Sat Aug 17, 2019 5:44 pm

Fair point. I did read the guidelines, but I may have misinterpreted it.

Does one need to provide the P46 for the staff?

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: The 2 years at extension stage

Post by marcnath » Sun Aug 18, 2019 4:18 pm

Anontier1 wrote:
Sat Aug 17, 2019 5:44 pm
Fair point. I did read the guidelines, but I may have misinterpreted it.

Does one need to provide the P46 for the staff?
No
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

0 hour Contracts , FT/PT so confused

Post by Anontier1 » Wed Sep 18, 2019 1:09 pm

Hello all,

I need some help please with regards to the job creation in the extension aspect. Are 0 hour contracts allowed on the Tier 1 Entrepreneur?

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: 0 hour Contracts , FT/PT so confused

Post by marcnath » Wed Sep 18, 2019 8:16 pm

Do not start new posts for each question.

Yes, there are no specifications on what types of contracts are needed. There is no requirement to even have a contract.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Anontier1
Newly Registered
Posts: 27
Joined: Sat Mar 16, 2019 1:19 pm
Armenia

Re: 0 hour Contracts , FT/PT so confused

Post by Anontier1 » Wed Sep 18, 2019 10:51 pm

Alright, thanks,so no need to have a contract but then how does one determine the 30 hours minimum, is PAYE offered on 0 hour contracts? What is the benefit of 0 hour vs permanent full time? In terms of the paper trail that is required how would a 0 hour contract work with regards to submissions of PAYE, RTI etc?

Many thanks,

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: 0 hour Contracts , FT/PT so confused

Post by marcnath » Fri Sep 20, 2019 8:09 pm

Anontier1 wrote:
Wed Sep 18, 2019 10:51 pm
Alright, thanks,so no need to have a contract but then how does one determine the 30 hours minimum, is PAYE offered on 0 hour contracts? What is the benefit of 0 hour vs permanent full time? In terms of the paper trail that is required how would a 0 hour contract work with regards to submissions of PAYE, RTI etc?

Many thanks,
Please talk to an employment/HR professional to compare 0 hr vs permanent contract. In my opinion, you can have a permanent 0 hour contract.
The type has contract has nothing to do with PAYE, etc.
HO determined the 30 hrs from your PAYE and payslips
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

QSDanik
Member
Posts: 140
Joined: Fri Nov 21, 2014 4:48 pm
Mood:

Re: 0 hour Contracts , FT/PT so confused

Post by QSDanik » Fri Oct 25, 2019 10:05 pm

in initial tier 1 enterprenure I read some where that 0 hour contract is not acceptable for offering full time job, but not sure after extention if it is still requirement. if Not reuqired it will make my application easy as well :D , as I have almost 7 Zero Hour contracted employees other than my 2 full time emplyees. so some months my full time emplyee left job so I could fill the gap with zero hours contracted emplyees as those Zero Hours contracted employee still worked more than 30 Hours per week.

User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: 0 hour Contracts , FT/PT so confused

Post by marcnath » Sun Oct 27, 2019 8:46 pm

QSDanik wrote:
Fri Oct 25, 2019 10:05 pm
in initial tier 1 enterprenure I read some where that 0 hour contract is not acceptable for offering full time job, but not sure after extention if it is still requirement. if Not reuqired it will make my application easy as well :D , as I have almost 7 Zero Hour contracted employees other than my 2 full time emplyees. so some months my full time emplyee left job so I could fill the gap with zero hours contracted emplyees as those Zero Hours contracted employee still worked more than 30 Hours per week.
There is no such restriction
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Locked
cron