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Payroll without accountant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Anontier25
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Starting different business

Post by Anontier25 » Sun Aug 30, 2020 6:17 pm

Hello,

I find myself in a similar situation.i am in the pre- ILR stage and am due to submit my papers in May 2021. I have 2 businesses, but Business A is really struggling due to the pandemic, so I am thinking of merging it into business B( take the e-commerce platform down and stock it all in the lifestyle store which is business b). They are both under the same company so that is not an issue but my concern is during the extension application I had written in my cover letter that business A was going to be working with XYZ materials and collections etc but as luxury retail has taken such a hit I am not willing to invest in business A creating new collections anymore and also don't want to have to keep paying for all the overhead costs eg website, email server etc just for the sake of it. If I close it all down, will HO ask where it is and what's happened to it etc?

Anontier25
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Re: jobs creation requirement under COVID-19

Post by Anontier25 » Wed Sep 02, 2020 11:00 pm

Hi Macnarth,

You say it's ok to combine jobs between two business, does this mean it has to be under the one company or is it literally under two different businesses which are under two different companies as per the guidelines? A bit confused.

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Re: jobs creation requirement under COVID-19

Post by marcnath » Thu Sep 03, 2020 8:37 am

Anontier25 wrote:
Wed Sep 02, 2020 11:00 pm
Hi Macnarth,

You say it's ok to combine jobs between two business, does this mean it has to be under the one company or is it literally under two different businesses which are under two different companies as per the guidelines? A bit confused.
Yes, 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.

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marcnath
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Re: Starting different business

Post by marcnath » Thu Sep 03, 2020 8:38 am

Anontier25 wrote:
Sun Aug 30, 2020 6:17 pm
Hello,

I find myself in a similar situation.i am in the pre- ILR stage and am due to submit my papers in May 2021. I have 2 businesses, but Business A is really struggling due to the pandemic, so I am thinking of merging it into business B( take the e-commerce platform down and stock it all in the lifestyle store which is business b). They are both under the same company so that is not an issue but my concern is during the extension application I had written in my cover letter that business A was going to be working with XYZ materials and collections etc but as luxury retail has taken such a hit I am not willing to invest in business A creating new collections anymore and also don't want to have to keep paying for all the overhead costs eg website, email server etc just for the sake of it. If I close it all down, will HO ask where it is and what's happened to it etc?
HO can ask what happened etc, but you would not be violating any immigration rules by doing so
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.

Anontier25
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Employee hours/ number of jobs

Post by Anontier25 » Fri Oct 02, 2020 6:49 pm

Hello,

A full time job is mentioned to be 30 hours and over. I am in the Pre- ILR stage, and will be applying for my next batch of visa related things in May 2021.

I had 2 jobs on , 1 x 32 hours a week and job 2 on 35 hours a week, however, one of the job roles wants to do less hours, so is it ok if I do it the following way:

Job A- Continues on 32 hours a week ( 4 days x 8 hours)
Job B- Was on 35 hours and now want so s less hours Switch person 1 to 28 hours ( 4 days x 7 hours)
Add on person 2 at 1 day x 7 hours = 7 hours = 28 +7 hours = 35.

Would this be ok?

TIA!

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Re: Employee hours/ number of jobs

Post by zCIO » Mon Oct 05, 2020 7:34 am

If you allow me a question : from your experience, was it easy to get the extension given your business is an online business (similar to mine), with no physical office?

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Re: Employee hours/ number of jobs

Post by marcnath » Mon Oct 05, 2020 9:35 am

Anontier25 wrote:
Fri Oct 02, 2020 6:49 pm
Hello,

A full time job is mentioned to be 30 hours and over. I am in the Pre- ILR stage, and will be applying for my next batch of visa related things in May 2021.

I had 2 jobs on , 1 x 32 hours a week and job 2 on 35 hours a week, however, one of the job roles wants to do less hours, so is it ok if I do it the following way:

Job A- Continues on 32 hours a week ( 4 days x 8 hours)
Job B- Was on 35 hours and now want so s less hours Switch person 1 to 28 hours ( 4 days x 7 hours)
Add on person 2 at 1 day x 7 hours = 7 hours = 28 +7 hours = 35.

Would this be ok?

TIA!
I can't see why not
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.

Anontier25
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Furlough and HO Guidance

Post by Anontier25 » Thu Nov 12, 2020 2:24 pm

Hello,

I've just been reading the updated Tier 1 Guidelines updated on 5/11/20- https://assets.publishing.service.gov.u ... gov-uk.pdf

I don't know if I'm being dumb or mis-reading the information but I've pasted below the text from the guidelines on page 91, under the Covid-19 guidelines and I'm confused about the furlough bit.


Does this mean staff can be furloughed and we can actually apply for the next stage of our visa, not the extension under the covid category?

Time when their employees were furloughed under the UK Government scheme will
count towards the 12 month period if they have been paid at least 80% of their
normal salary.



Job Creation: If the applicant holds leave as a Tier 1
(Entrepreneur) and their business has been impacted by
the Coronavirus (COVID-19) pandemic
If an applicant holds leave as a Tier 1 (Entrepreneur) and their business has been
disrupted as a result of the Coronavirus pandemic, they do not need to employ at
least 2 people for 12 consecutive months.
The 12 month period they are required to employ someone for can be made up of
multiple jobs across different months, providing when combined this is equivalent to
2 full time jobs.
Time when their employees were furloughed under the UK Government scheme will
count towards the 12 month period if they have been paid at least 80% of their
normal salary.

If an applicant has not been able to employ staff for 12 months by the time their visa
expires, you must be satisfied that:
• they have created at least 2 jobs for settled workers at the point they make the
application
• that they have been unable to meet the normal requirement due to the impact
of the pandemic
Where you are satisfied that they meet these and the other requirements for the
route you must grant leave for a period of 2 years.

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Re: Furlough and HO Guidance

Post by marcnath » Thu Nov 12, 2020 3:48 pm

Yes, that is my reading of the guidance.

Having said that, I am not sure if there is any difference between the temporary extension and normal extension.
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.

Anontier25
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Re: Furlough and HO Guidance

Post by Anontier25 » Thu Nov 12, 2020 10:03 pm

Thanks Marcnath. That's a great change then, good of them to recognise how much of a struggle it is

Anontier25
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Payroll and staff on Tier 1 visa

Post by Anontier25 » Mon Nov 16, 2020 5:36 pm

Hello,

As my staff are working 32 hours a week, they are entitled to 28 days holiday per annum including bank holidays. However one of my staff has only got 19 days left and wants to go home to visit her family but she wants to be away for a month, so obviously we won't be paying her for the 11 days she takes as unpaid leave, but my worry is how do I then explain this on the payslips? Otherwise her payslips and the RTI will show as her working less than 32 hours a week etc which isn't the case.
Has anyone else experienced this and how best to go about it?

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Re: Payroll and staff on Tier 1 visa

Post by CR001 » Mon Nov 16, 2020 6:19 pm

Presumably they employee doesn't work 7 days per week, so 19 days would be only working days and is only a couple of days short of a working days month.
Char (CR001 not Casa)
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Anontier25
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Tier 1 business question

Post by Anontier25 » Tue Dec 08, 2020 9:13 pm

Ok here is the question on a new thread:

Marcnath, in regards to another conversation but as it's in a similar vein but since you don't like tagging on other thread albeit may be similar in nature. Here is the questions again:

What happens to Tier 1 business owners who for eg spent the £50K on a first business and were successful until extension stage. But as the nature of trade has been impacted looked at buying a business with additional funds, not the original £50k ( as that's already been spent), would the individual be penalised for this?

And what are the HO rules on individuals having a few ltd companies but only using the initial company they have for the 5 years of the paperwork ( still following all the rules for eg employees etc)? Have you come across such a situation before?

And at the time of ILR stage, do we have to submit the bank account statements to show all the payslips/ wages etc?

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marcnath
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Re: Tier 1 business question

Post by marcnath » Tue Dec 08, 2020 10:35 pm

Stick to one thread for all your queries. I have now merged all the previous ones.
Anontier25 wrote:
Tue Dec 08, 2020 9:13 pm
Ok here is the question on a new thread:

Marcnath, in regards to another conversation but as it's in a similar vein but since you don't like tagging on other thread albeit may be similar in nature. Here is the questions again:

What happens to Tier 1 business owners who for eg spent the £50K on a first business and were successful until extension stage. But as the nature of trade has been impacted looked at buying a business with additional funds, not the original £50k ( as that's already been spent), would the individual be penalised for this?
Nothing happens. There are no penalties
Anontier25 wrote:
Tue Dec 08, 2020 9:13 pm

And what are the HO rules on individuals having a few ltd companies but only using the initial company they have for the 5 years of the paperwork ( still following all the rules for eg employees etc)? Have you come across such a situation before?
There are no rules on this. It does not matter.
Anontier25 wrote:
Tue Dec 08, 2020 9:13 pm



And at the time of ILR stage, do we have to submit the bank account statements to show all the payslips/ wages etc?
There is no such requirement for extension or ILR
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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Payroll without accountant

Post by Anontier25 » Thu Dec 10, 2020 2:57 pm

Hello all,

I was wondering if any of your on Tier 1 Entp visa have done your own payroll without an accountant and is it straightforward to do on your own to submit the information and ensure that there is a papertrail for all the staff that can then be easily submitted for visa paperwork?


Thank you for your comments/ feedback.

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Re: Payroll without accountant

Post by Zerubbabel » Thu Dec 10, 2020 3:31 pm

Hello

When immigration is at stake, ideally use a very good accountant. It's so easy to make mistakes that will be leveraged against you by the Home Office later.

If were in that situation, I would go for an accountant + a second accountant that does quarterly audits to ensure the paperwork is absolutely compliant. There are very reputable companies online doing that and they are not very expensive.

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marcnath
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Re: Payroll without accountant

Post by marcnath » Thu Dec 10, 2020 3:37 pm

Stick to one thread for all your queries. I have now merged all the previous ones.

This was stated once before !! Please do not keep doing it after you have been advised
.
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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marcnath
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Re: Payroll without accountant

Post by marcnath » Thu Dec 10, 2020 3:43 pm

Anontier25 wrote:
Thu Dec 10, 2020 2:57 pm
Hello all,

I was wondering if any of your on Tier 1 Entp visa have done your own payroll without an accountant and is it straightforward to do on your own to submit the information and ensure that there is a papertrail for all the staff that can then be easily submitted for visa paperwork?


Thank you for your comments/ feedback.
Yes, it is quite straightforward. There are plenty of software that will do all things that are needed. I only used an accountant to prepare the one year's report I needed for my extension.

But to the point Zerubbabel made - it depends on your confidence and your understanding of the rules and regulations. If you are not sure, it is much better to be safe than sorry.
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: Payroll without accountant

Post by Zerubbabel » Thu Dec 10, 2020 4:50 pm

marcnath wrote:
Thu Dec 10, 2020 3:43 pm
But to the point Zerubbabel made - it depends on your confidence and your understanding of the rules and regulations. If you are not sure, it is much better to be safe than sorry.
I know my limits. Last time I needed to fill a document with HMRC, I spent 3 days googling, filled the document and sent it. 2 weeks later, I received a nasty letter + £150 fine. I went to an accountant and he fixed things for me. Hopefully no immigration was involved with that, but just to tell you that mistakes are easy to make and the Home Office can leverage them against you.

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Re: Payroll without accountant

Post by Anontier25 » Thu Dec 10, 2020 5:17 pm

Oh sorry Marcnath I thought you guys just didn't want comments on other people's questions, I didn't know it also meant we couldn't start new threads as questions themes are different at each point. Thanks for putting it all here. And thanks for the feedback about the accountant.

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marcnath
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Re: Payroll without accountant

Post by marcnath » Thu Dec 10, 2020 7:31 pm

Anontier25 wrote:
Thu Dec 10, 2020 5:17 pm
Oh sorry Marcnath I thought you guys just didn't want comments on other people's questions, I didn't know it also meant we couldn't start new threads as questions themes are different at each point. Thanks for putting it all here. And thanks for the feedback about the accountant.
Two separate things.

1. Don't add your questions to other people's threads - it is not respectful to the person whose thread it is as it can very easily go off track
2. Don't start a new thread for each of your questions - it is useful for people wanting to answer to find more background if they want instead of asking you questions back.

So, bottom line - each individual should create one thread and just stick to it.
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.

Anontier25
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Re: Payroll without accountant

Post by Anontier25 » Wed Jan 06, 2021 5:29 pm

Hey guys,

Happy New Year!

Due to the 3rd lockdown, I'm reviewing the staff contracts I have and am thinking to switch them to 0 hour contracts as long as the 30 hours per week are done( min requirements for the visa rules), and make sure the 2 jobs are on going just the hours are worked differently etc, and that then impacts their holiday hours etc as 0 hours is calculated as 12.5% of an hour to get the holiday time in. it's just so incredibly difficult cashflow wise due to having lost all our sales channels thanks to the pandemic and it's ongoing. We are allowed 0 hour contracts right on this visa scheme as long as the min hours are met?

Do you think this is wise especially as I am applying for my IRL in May 2021?
I hired 2 members of full time staff in April 2020 ( 32 hours per week for each one) and then one left in September, so I took on 2 more staff ( one was on 28 hours and the other was 7 hours to make 35 hours per week) to make up for the role of the one in September although please note I have not accessed the furlough scheme as I'm still suspicious of this and the impact on the visa even if the rules have now changed and said we can use it.

How would you best structure this if you were in my shoes?

TIA from a very confused and stressed human!

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Re: Payroll without accountant

Post by marcnath » Wed Jan 06, 2021 9:48 pm

Anontier25 wrote:
Wed Jan 06, 2021 5:29 pm
Hey guys,

Happy New Year!

Due to the 3rd lockdown, I'm reviewing the staff contracts I have and am thinking to switch them to 0 hour contracts as long as the 30 hours per week are done( min requirements for the visa rules), and make sure the 2 jobs are on going just the hours are worked differently etc, and that then impacts their holiday hours etc as 0 hours is calculated as 12.5% of an hour to get the holiday time in. it's just so incredibly difficult cashflow wise due to having lost all our sales channels thanks to the pandemic and it's ongoing. We are allowed 0 hour contracts right on this visa scheme as long as the min hours are met?

Do you think this is wise especially as I am applying for my IRL in May 2021?
I hired 2 members of full time staff in April 2020 ( 32 hours per week for each one) and then one left in September, so I took on 2 more staff ( one was on 28 hours and the other was 7 hours to make 35 hours per week) to make up for the role of the one in September although please note I have not accessed the furlough scheme as I'm still suspicious of this and the impact on the visa even if the rules have now changed and said we can use it.

How would you best structure this if you were in my shoes?

TIA from a very confused and stressed human!
Don't stress yourself.
The immigration rules do not specify or restrict the type of employment contracts - that is your choice.
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: Payroll without accountant

Post by Anontier25 » Thu Jan 07, 2021 11:15 am

Thanks. So as long as I have the equivalent of 32 hours per week per job that should be fine how it is chopped and changed and applied to correct?

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Re: Payroll without accountant

Post by marcnath » Thu Jan 07, 2021 11:45 am

Anontier25 wrote:
Thu Jan 07, 2021 11:15 am
Thanks. So as long as I have the equivalent of 32 hours per week per job that should be fine how it is chopped and changed and applied to correct?
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.

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