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Tier 1 Extension - Job Creation

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

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tbardhan
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Tier 1 extension - maintenance funds

Post by tbardhan » Fri Jul 05, 2019 10:51 pm

Hi all,

I will need to apply for an extension to the Tier 1 (entrepreneur) dependent visa that I currently hold. My partner (main applicant) and my applications will be made from within UK.

I wanted to understand if the maintenance for dependant can be held in the dependants account or whether it needs to be in the account of the main applicant (both extension applications will be made at the same time)?

Apologies if this question has been asked before.

Many thanks.

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Re: Tier 1 extension - maintenance funds

Post by CR001 » Sat Jul 06, 2019 8:09 am

Either account.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Tier 1 extension - maintenance funds

Post by tbardhan » Mon Jul 08, 2019 11:32 am

Thank you!

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Tier 1 Extension - Job Creation

Post by tbardhan » Mon Jul 08, 2019 11:57 am

Hi All,
Am hoping to get some advice here regarding the details of job creation for the extension of Tier 1 entrepreneur visa.
My partner established his business in October 2013, but applied for Tier 1 in 2016. Tier 1 visa was first granted to him on 11 June 2016 and runs out on 11 Oct 2019.
In order to score points for job creation for the extension application, he must provide evidence of having employed 2 workers for 12 months having settled status in the UK. The evidence he wants to provide is for people who have been employed by his company since October 2013, and they continue to work for him today.
The Tier 1 Policy Guidance T1 Policy Guidance - Page 30 states:
(g) If you took over or joined a business, you must provide a signed and dated letter from an accountant, showing:
(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office on request.
This requirement applies regardless of how long the business existed before you took over or joined it.

(h) if the business in (g) employed workers before you took over or joined it, you must also provide the following documents for the year immediately before you joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by you:
(i) duplicate Full Payment Submission sent under Real Time to HM Revenue & Customs, or
(ii) if the business started employing settled workers before reporting under Real Time, a form P35.
My questions are as follows:
1. Will he be able to use the details of the above-mentioned workers to claim points considering that they were employed before he received his Tier 1 visa?
2. Is it considered that he ‘took over’ or ‘joined a business’ considering he established this business albeit before he applied for Tier 1 visa?
3. Which documents should he provide from the above extract of the policy guidance?

Many thanks in advance for your help.

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marcnath
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Re: Tier 1 Extension - Job Creation

Post by marcnath » Mon Jul 08, 2019 3:18 pm

tbardhan wrote:
Mon Jul 08, 2019 11:57 am
Hi All,
Am hoping to get some advice here regarding the details of job creation for the extension of Tier 1 entrepreneur visa.
My partner established his business in October 2013, but applied for Tier 1 in 2016. Tier 1 visa was first granted to him on 11 June 2016 and runs out on 11 Oct 2019.
In order to score points for job creation for the extension application, he must provide evidence of having employed 2 workers for 12 months having settled status in the UK. The evidence he wants to provide is for people who have been employed by his company since October 2013, and they continue to work for him today.
The Tier 1 Policy Guidance T1 Policy Guidance - Page 30 states:
(g) If you took over or joined a business, you must provide a signed and dated letter from an accountant, showing:
(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office on request.
This requirement applies regardless of how long the business existed before you took over or joined it.

(h) if the business in (g) employed workers before you took over or joined it, you must also provide the following documents for the year immediately before you joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by you:
(i) duplicate Full Payment Submission sent under Real Time to HM Revenue & Customs, or
(ii) if the business started employing settled workers before reporting under Real Time, a form P35.
My questions are as follows:
1. Will he be able to use the details of the above-mentioned workers to claim points considering that they were employed before he received his Tier 1 visa?
2. Is it considered that he ‘took over’ or ‘joined a business’ considering he established this business albeit before he applied for Tier 1 visa?
3. Which documents should he provide from the above extract of the policy guidance?

Many thanks in advance for your help.
This is an unusual case and is not a scenario clearly defined in the Immigration rules.

What visa was he on when he set up the company ?

The immigration rules are clear that his business will not be considered a "new business", as it was established more than 12 months before application date.

That would imply that he has to be considered to have joined or taken over the business - which does not make sense here, since he did neither after getting his Tier 1.

But given that the Tier 1 visa intends to create TWO NEW jobs, I suspect HO will require two jobs to have been created AFTER he got his visa. Which would in turn mean that the employees existing since 2013 cannot be counted towards the job creation at all. So, HO is most likely to not give points for this employment, irrespective of the documents submitted.


The safest set of documents required would be:
1. Payslips, RTI, etc of the employees from June 2015 to June 2016.
2. Payslips, RTI, etc. for two ADDITIONAL jobs created after June 2016.
3. Accountant's letter as specified.

If he does not have the additional employees, the alternative would be to just submit the documents for two jobs of 12 months each after June 2016 and argue that the "took over or joined a business" clause does not apply in this case since he did neither. There may be some legal arguments to be made for this, so it would be best to consult a qualified solicitor.
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.

tbardhan
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Re: Tier 1 Extension - Job Creation

Post by tbardhan » Mon Jul 08, 2019 3:49 pm

Hi marcnath,
What visa was he on when he set up the company ?
He was on a dependent visa while I was a student when the company was first established.
The immigration rules are clear that his business will not be considered a "new business", as it was established more than 12 months before application date.
That would imply that he has to be considered to have joined or taken over the business - which does not make sense here, since he did neither after getting his Tier 1.
The most appropriate scenario would be 'investing in an existing business', but the policy guidance makes no reference to investing in the applicant's own existing business, only to 'taking over' or 'joining' an existing business, which I agree, does not apply, and is a grey area.
But given that the Tier 1 visa intends to create TWO NEW jobs, I suspect HO will require two jobs to have been created AFTER he got his visa. Which would in turn mean that the employees existing since 2013 cannot be counted towards the job creation at all. So, HO is most likely to not give points for this employment, irrespective of the documents submitted.
Does the Tier 1 visa intend to create TWO new jobs because the default scenario is that applicants would either be establishing a brand new business or taking over an existing (not applicant's own) business? This is indeed an exceptional atypical circumstance and I hope there is room for flexibility in what I hear is a 'check-box' approach to processing such applications.

There is one person who we can definitely provide evidence of having been employed in a full-time capacity for more than 12 months. We are currently in the process of working out the combinations for part-time workers to add up to an equivalent of 1 other full-time job.

Incidentally, I found this on the website of an immigration lawyers company:
What is a ‘new’ business?
Paragraph 46 of Appendix A, states that a business will only be considered new if “it was established by the applicant no earlier than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to the applicant’s first grant of leave as a Tier 1 (Entrepreneur) Migrant.”

Therefore, if your business is “existing” rather than “new”, the job creation requirement will be a little bit more complicated. You will need to demonstrate, with evidence, the number of people who were employed by your business prior to you joining. You will then need to show that since you joined, you have created a net increase of 2 employees. You will need payroll information and a letter from your accountant to verify the job creation.
Many thanks :)

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marcnath
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Re: Tier 1 Extension - Job Creation

Post by marcnath » Mon Jul 08, 2019 8:54 pm

tbardhan wrote:
Mon Jul 08, 2019 3:49 pm
Hi marcnath,

But given that the Tier 1 visa intends to create TWO NEW jobs, I suspect HO will require two jobs to have been created AFTER he got his visa. Which would in turn mean that the employees existing since 2013 cannot be counted towards the job creation at all. So, HO is most likely to not give points for this employment, irrespective of the documents submitted.
Does the Tier 1 visa intend to create TWO new jobs because the default scenario is that applicants would either be establishing a brand new business or taking over an existing (not applicant's own) business? This is indeed an exceptional atypical circumstance and I hope there is room for flexibility in what I hear is a 'check-box' approach to processing such applications.
In a brand new business, there is automatically TWO NEW jobs created.
tbardhan wrote:
Mon Jul 08, 2019 3:49 pm

There is one person who we can definitely provide evidence of having been employed in a full-time capacity for more than 12 months. We are currently in the process of working out the combinations for part-time workers to add up to an equivalent of 1 other full-time job.

Incidentally, I found this on the website of an immigration lawyers company:
What is a ‘new’ business?
Paragraph 46 of Appendix A, states that a business will only be considered new if “it was established by the applicant no earlier than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to the applicant’s first grant of leave as a Tier 1 (Entrepreneur) Migrant.”

Therefore, if your business is “existing” rather than “new”, the job creation requirement will be a little bit more complicated. You will need to demonstrate, with evidence, the number of people who were employed by your business prior to you joining. You will then need to show that since you joined, you have created a net increase of 2 employees. You will need payroll information and a letter from your accountant to verify the job creation.
Many thanks :)
The literal reading of the rules would only require two new jobs after joining the business, which in your partner's case is October 2013. That is probably a loop hole that can be used but that is the reason I suggested you consult a professional
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.

tbardhan
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Re: Tier 1 Extension - Job Creation

Post by tbardhan » Sun Jul 14, 2019 4:24 pm

@marcnath, I was trying to access your cover letter sample under the 'An example of Tier 1 Entrepreneur Application and Document attachments' topic. This, for some reason appears to be locked for me. Is there another way I can access this?

Thank you.

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Re: Tier 1 Extension - Job Creation

Post by CR001 » Mon Jul 15, 2019 10:26 am

tbardhan wrote:
Sun Jul 14, 2019 4:24 pm
@marcnath, I was trying to access your cover letter sample under the 'An example of Tier 1 Entrepreneur Application and Document attachments' topic. This, for some reason appears to be locked for me. Is there another way I can access this?

Thank you.
See below.
UK Visas and Immigration
------

Date
Dear Sir/Madam,
Enclosed is the application for _____________ for me and my dependant.
I believe this application is straightforward, but I would like to clarify and expand on the application where there was some unclarity about the application.
1. Section xx - English language
We are claiming exemption from providing evidence, based on the Tier 1 Guidance which states:
“You can also meet the English language requirement, without the need to provide evidence, if you were last given permission to stay in the UK:
- under Tier 1 (General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain;”
As someone with the last permission as a Tier 1 (Entrepreneur), I would like to claim the points for this without providing evidence.
2. Genuine Entrepreneur Test – I believe the documentation included is sufficient to pass this test. But, here are a few additional points that support the same.
- My Company has been selected to The Department for International Trade’s (DIT) Global Entrepreneur Programme (GEP).
- I was personally requested to travel to Finland as an ambassador of the GEP to be an example and promote UK as a destination for other Entrepreneurs.
- We have raised over 500 K private investment from Angel investors and a Venture capital.
- We have received more than 300 K of European R&D funding
- We have been awarded an US and European patent for which I am personally listed as the Inventor.
I trust the application is complete in all respects and look forward to an early decision on the same as my work requires me to travel frequently.
I may be contacted at nnnnnnn or xxx@yyy.com for any further information/clarification.

Thanking you Address line 1
Line 2
City
Postcode
___Name_______















MAIN APPLICANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
ORIGINAL

















DEPENDANT
Xxxx xxxx
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
ORIGINAL





















MAIN APPLICANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
COPY













DEPENDANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
COPY















KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK


LIFE IN THE UK TEST PASS CERTIFICATE - 2


XXXXXX
XXXXXXX


ENGLISH LANGUAGE REQUIREMENT

Claiming exemption from providing evidence, based on the Tier 1 Guidance which states:
“You can also meet the English language requirement, without the need to provide evidence, if you were last given permission to stay in the UK:
- under Tier 1 (General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain;”











KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK


LIFE IN THE UK TEST PASS CERTIFICATE - 2


XXXXX
XXXX


COPY














Job number: 1
Job title: xxx xxx
Date post created: ___ June 20__

Documents included:
1. Settled worker – Copy of British Passport – 3 Nos.
2. Current Appointment Record – 1 No.
3. Employee Payment Records – 2 Nos.
4. Real Time Full Payment submissions – 15 Nos.
5. Payslips for employees – 14 Nos.


















Job number: 2
Job title: xxxx xxxxxx
Date post created: __ January 20__

Documents included:
1. Settled worker – Copy of British Passport – 1
2. Current Appointment Record - 1
3. Real Time Full Payment submissions – 12
4. P30/P32 for Tax year 2015/16 & 2016/17 - 2
5. Payslips for employee – 12
6. FPS for year before employment creation - 12
7. Letter from Accountant – 1
8. FPS showing employee start date - 1












Co-habitation evidence

Documents included:
1. UK Visa and Immigration letter, ___ 2015 – 2 No
2. Council Tax bill – Feb 2016
3. Lease agreement – Feb 2016
4. Council Tax bill – March 2016
5. Water bill – August 2016
6. Water bill – February 2017

Additionally, documents in other sections including, payslips for Applicant and Dependant. Bank statements for Applicant and Dependant.















Own Finances
It was not clear if there was documentation needed for this as the requirement for completing Section 5 was unclear. Having completed Section 5, also including it.


Documents included:
1. Three month payslips for Applicant
2. Three month payslips for Dependant


Additionally, documents in other sections including, bank statements for Applicant and Dependant.













Job number: 1
Job title: ___ _____
Date post created: __ June 20__

Documents included:
1. Settled worker – Copy of British Passport – 3 Nos.
2. Current Appointment Record – 1 No.
3. Employee Payment Records – 2 Nos.
4. Real Time Full Payment submissions – 15 Nos.
5. Payslips for employees – 14 Nos.




COPY









Job number: 2
Job title: XXXX XXXXX
Date post created: __ January 20__

Documents included:
1. Settled worker – Copy of British Passport – 1
2. Current Appointment Record - 1
3. Real Time Full Payment submissions – 12
4. P30/P32 for Tax year 2015/16 & 2016/17 - 2
5. Payslips for employee – 12
6. FPS for year before employment creation - 12
7. Letter from Accountant – 1
8. FPS showing employee start date - 1


COPY








Co-habitation evidence

Documents included:
1. UK Visa and Immigration letter, ___ 2015 – 2 No
2. Council Tax bill – Feb 2016
3. Lease agreement – Feb 2016
4. Council Tax bill – March 2016
5. Water bill – August 2016
6. Water bill – February 2017

Additionally, documents in other sections including, payslips for Applicant and Dependant. Bank statements for Applicant and Dependant.

COPY















Own Finances
It was not clear if there was documentation needed for this as the requirement for completing Section 5 was unclear. Having completed Section 5, also including it.


Documents included:
1. Three month payslips for Applicant
2. Three month payslips for Dependant


Additionally, documents in other sections including, bank statements for Applicant and Dependant.

COPY










Maintenance Fund
XXX XXXX

Documents included:
1. Statements - XX Bank – 8 Sheets
2. Statements – XXBank – 22 Sheets
3. Letter from XXBank – 1

XXX XXXX

Documents included:
1. Statements – XXX Bank – 2 Sheets














Maintenance Fund
XXX XXXX

Documents included:
4. Statements - XXX Bank – 8 Sheets
5. Statements – XXBank – 22 Sheets
6. Letter from XXBank – 1

XXX XXXX

Documents included:
2. Statements – XXX Bank – 2 Sheets

COPY





Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Tier 1 Extension - Job Creation

Post by vizlax1 » Tue Sep 10, 2019 1:49 pm

@marcnath, what is the 'Employee Payment Records' ?

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marcnath
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Re: Tier 1 Extension - Job Creation

Post by marcnath » Tue Sep 10, 2019 1:56 pm

vizlax1 wrote:
Tue Sep 10, 2019 1:49 pm
@marcnath, what is the 'Employee Payment Records' ?
They are the records of payment to employees !!

There used to be a specific document with that name also before RTI. But I would assume it now refers to payslips, FPS, P60, etc. all of which are Employee Payment Records
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.

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Re: Tier 1 Extension - Job Creation

Post by vizlax1 » Tue Sep 10, 2019 4:31 pm

It was a bit confusing because these were listed as separate documents in your example above:
3. Employee Payment Records – 2 Nos.
4. Real Time Full Payment submissions – 15 Nos.
5. Payslips for employees – 14 Nos.

But it makes sense that there used to be a document by this name and you provided a combination of the above.

Thank you

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