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

Urgent request -Job creation

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
msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Feb 24, 2020 12:53 pm

Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,



marcnath wrote:
Mon Feb 24, 2020 11:28 am
abuhf wrote:
Mon Feb 24, 2020 11:17 am
Hi Marcnath,

The problem is I have used some amount of investment funds from bank account which I showed for visa, but I will transfer it Back to my account and transfer amount in excess of £200k before end of this year , is there any concerns?

Please assist


Not sure what assistance I can provide.

Rule 245D(c) is very clear.

money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
(i) ‘Available’ means that the funds are:
(1) in the applicant’s own possession,
(2) in the financial accounts of the UK business(es) which they are relying on to claim points, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41(a)(vi) of Appendix A.


However, your extension application or ILR application does not require you to submit any documents to show that you meet the condition.

And so far, I have not come across a case in this forum where HO has asked for it or used it as a reason for rejection. Though there have been cases where HO has asked people to show the source of the funding they used for investing.

There is nothing you can do about it since you have already used the funds for other purposes. So, you may just want to hope that there is nothing that makes HO want to look in more detail on the funds.

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Mon Feb 24, 2020 12:57 pm

abuhf wrote:
Mon Feb 24, 2020 12:53 pm
Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.
I never said that. HO can ask for any information.
abuhf wrote:
Mon Feb 24, 2020 12:53 pm

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.
No new feedback to give
abuhf wrote:
Mon Feb 24, 2020 12:53 pm

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,



That is ok
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Feb 24, 2020 2:08 pm

Thank you so much Marcnath

Its very clear now,

During ILR / Extension - we need to provide with income tax and business accont statment for the 3rd year only right ?
abuhf wrote:
Mon Feb 24, 2020 12:53 pm
Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,



marcnath wrote:
Mon Feb 24, 2020 11:28 am
abuhf wrote:
Mon Feb 24, 2020 11:17 am
Hi Marcnath,

The problem is I have used some amount of investment funds from bank account which I showed for visa, but I will transfer it Back to my account and transfer amount in excess of £200k before end of this year , is there any concerns?

Please assist


Not sure what assistance I can provide.

Rule 245D(c) is very clear.

money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
(i) ‘Available’ means that the funds are:
(1) in the applicant’s own possession,
(2) in the financial accounts of the UK business(es) which they are relying on to claim points, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41(a)(vi) of Appendix A.


However, your extension application or ILR application does not require you to submit any documents to show that you meet the condition.

And so far, I have not come across a case in this forum where HO has asked for it or used it as a reason for rejection. Though there have been cases where HO has asked people to show the source of the funding they used for investing.

There is nothing you can do about it since you have already used the funds for other purposes. So, you may just want to hope that there is nothing that makes HO want to look in more detail on the funds.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Tue Mar 03, 2020 9:54 pm

Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Wed Mar 04, 2020 9:03 pm

abuhf wrote:
Tue Mar 03, 2020 9:54 pm
Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf
Yes
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Thu Mar 05, 2020 1:18 am

Thank you Marcnath
marcnath wrote:
Wed Mar 04, 2020 9:03 pm
abuhf wrote:
Tue Mar 03, 2020 9:54 pm
Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf
Yes

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Mar 09, 2020 2:40 pm

Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Mon Mar 09, 2020 6:07 pm

abuhf wrote:
Mon Mar 09, 2020 2:40 pm
Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist
Yes, you can.
Remember when you join a business only additional jobs created after you join us counted
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Mar 16, 2020 1:23 pm

Thank you so much Marcnath :D
marcnath wrote:
Mon Mar 09, 2020 6:07 pm
abuhf wrote:
Mon Mar 09, 2020 2:40 pm
Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist
Yes, you can.
Remember when you join a business only additional jobs created after you join us counted

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Mar 16, 2020 1:29 pm

Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Mon Mar 16, 2020 1:35 pm

abuhf wrote:
Mon Mar 16, 2020 1:29 pm
Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.
You should tax to an accountant who deals with expat tax matters - the answer is in principle, yes but there are many exceptions that you need to take professional advice on.

Why do you think you can't show all investments ?
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Mar 16, 2020 6:48 pm

Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf
marcnath wrote:
Mon Mar 16, 2020 1:35 pm
abuhf wrote:
Mon Mar 16, 2020 1:29 pm
Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.
You should tax to an accountant who deals with expat tax matters - the answer is in principle, yes but there are many exceptions that you need to take professional advice on.

Why do you think you can't show all investments ?

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Mon Mar 16, 2020 6:59 pm

abuhf wrote:
Mon Mar 16, 2020 6:48 pm
Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Mon Mar 16, 2020 7:35 pm

Thank you so much Marcnath,

Is it mandatory to get documents for the other funds apart from 200K which we are showing,

At the moment my business doesnt require funding since its already established , its ok to have it when neccesary right, somewhere around this year or early next year.

Does HO have right to enquire about the Tax and transactions in business account too ??


marcnath wrote:
Mon Mar 16, 2020 6:59 pm
abuhf wrote:
Mon Mar 16, 2020 6:48 pm
Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Mon Mar 16, 2020 9:36 pm

abuhf wrote:
Mon Mar 16, 2020 7:35 pm
Thank you so much Marcnath,

Is it mandatory to get documents for the other funds apart from 200K which we are showing, ==> No

At the moment my business doesnt require funding since its already established , its ok to have it when neccesary right, somewhere around this year or early next year.

Does HO have right to enquire about the Tax and transactions in business account too ??==> There are no restrictions to what HO can ask of the business


marcnath wrote:
Mon Mar 16, 2020 6:59 pm
abuhf wrote:
Mon Mar 16, 2020 6:48 pm
Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.
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.

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Tue Mar 24, 2020 8:58 pm

Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.

User avatar
zimba
Moderator
Posts: 20115
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by zimba » Wed Mar 25, 2020 2:04 am

abuhf wrote:
Tue Mar 24, 2020 8:58 pm
Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.
No you cannot. You need employees who should be on Payroll and have been on your Payroll on or before Feb 2020. So you cannot claim anything
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Wed Mar 25, 2020 4:17 pm

Thank you so much Zimba,

As due to current situtation we cannot do any resarech on business, will HO make any discretion in this regards ??

Also is it neccesary to just open a business in whcih we have prior experience or can we do any business, as I dont have any experience in Retail but I'm going to join hands with my cousins one ILR and one Leave to Remain on family , we will be three directors with equal share, so is it allowed ? can i use that business to claim during my tier 1 Extension / ILR

Please assit
Zimba wrote:
Wed Mar 25, 2020 2:04 am
abuhf wrote:
Tue Mar 24, 2020 8:58 pm
Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.
No you cannot. You need employees who should be on Payroll and have been on your Payroll on or before Feb 2020. So you cannot claim anything

User avatar
zimba
Moderator
Posts: 20115
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by zimba » Wed Mar 25, 2020 5:09 pm

This is not a business forum. You have turned this thread into a long business support/query post. You must seek business support somewhere else. You are free to do as you wish in your business affairs as long as it is lawful. There is NO restriction. Tier 1E guide is clear what is not accepted to score points for extension/ILR stage but you still can do what you like. If you are continue your business queries without immigration related matters, your thread may be locked by the moderator team if deemed necessary. I repeat, seek business support and advice from relevant sources. There are many sources available for help online.

We will update you on any UKVI concessions made in regards to the current affairs, so keep an eye on the the relevant topic at the top of the forum :!:

https://www.businesssupport.gov.uk/
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Wed Mar 25, 2020 5:38 pm

Hi Zimba

Sorry for confusion , actulally my question is related to Tier 1 , as we wil be three directors and only I will be claiming the for Tier 1 as other two directors are just equal share holders
Zimba wrote:
Wed Mar 25, 2020 5:09 pm
This is not a business forum. You have turned this thread into a long business support/query post. You must seek business support somewhere else. You are free to do as you wish in your business affairs as long as it is lawful. There is NO restriction. Tier 1E guide is clear what is not accepted to score points for extension/ILR stage but you still can do what you like. If you are continue your business queries without immigration related matters, your thread may be locked by the moderator team if deemed necessary. I repeat, seek business support and advice from relevant sources. There are many sources available for help online.

We will update you on any UKVI concessions made in regards to the current affairs, so keep an eye on the the relevant topic at the top of the forum :!:

https://www.businesssupport.gov.uk/

User avatar
zimba
Moderator
Posts: 20115
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by zimba » Wed Mar 25, 2020 6:02 pm

No it is not. As I said, there are no such restrictions as per rules and so repeating this will not fly. You are demanding business advice and then using Tier 1E visa as an excuse to get what you want. Points to score for extension/ILR are NOT restrictions. Tier 1E rules sets NO restrictions on your business affairs. NOTHING. Tier 1E guide also is very clear on what you cannot use to score points. So constantly demanding advice on every minor details of your business decision making process is not relevant here. Seek business advice from other sources. You either should stick to immigration related matters only or we are left with no choice but to moderate this post as necessary
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Wed Mar 25, 2020 7:08 pm

Thank you Zimba, I will adhere to it



Zimba wrote:
Wed Mar 25, 2020 6:02 pm
No it is not. As I said, there are no such restrictions as per rules and so repeating this will not fly. You are demanding business advice and then using Tier 1E visa as an excuse to get what you want. Points to score for extension/ILR are NOT restrictions. Tier 1E rules sets NO restrictions on your business affairs. NOTHING. Tier 1E guide also is very clear on what you cannot use to score points. So constantly demanding advice on every minor details of your business decision making process is not relevant here. Seek business advice from other sources. You either should stick to immigration related matters only or we are left with no choice but to moderate this post as necessary

User avatar
zimba
Moderator
Posts: 20115
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by zimba » Wed Mar 25, 2020 11:09 pm

Thank you for understanding
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by msx273 » Fri Apr 10, 2020 6:12 am

Dear Mods and Experts

Hope you all doing well and safe,

I got my Tier 1 entrepreneur visa in August 2019 and entred uk in September 2019,

Since it’s my existing business , I have not hired any staff yet

Could you please advice If the below applied to me or I still need to employ 2 full time staff for the period of one year or 10 full time staff for 30 hours per week for extensions/ ILR

“ If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.“

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

Re: Tier 1 Enquiry Consent letter and documents required for dependent applications

Post by marcnath » Fri Apr 10, 2020 9:45 am

abuhf wrote:
Fri Apr 10, 2020 6:12 am
Dear Mods and Experts

Hope you all doing well and safe,

I got my Tier 1 entrepreneur visa in August 2019 and entred uk in September 2019,

Since it’s my existing business , I have not hired any staff yet

Could you please advice If the below applied to me or I still need to employ 2 full time staff for the period of one year or 10 full time staff for 30 hours per week for extensions/ ILR

“ If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.“
Unfortunately that is not very clear from the statement. It is better for this to percolate into actual guideline documents, which is not possibly urgent as this has no immediate impact.

Going from previous history, guidelines for accelerated ILR are unlikely to be relaxed. The relaxations would be more for the normal 5 year route. So, if you want to plan, you need to proceed on that basis.
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