Tier 1 extention questions 50K

nish_patel7 wrote:One of my employee has changed his Name on his passport, What documents should I supply to confirm he is the same person but has changed his name? And all this time he did not let us know that he has changed his name on passport. Problem is everyone still calls him by his old name but only on official documents he wanted to change his name for some reason

So, you have his passport copy with the old name and all the payslips are with that name too ?
Which means you don't need to really provide additional documents.
But, if you need to, then you can and should ask him to provide some documentation of his name change such as an enrolled deed poll.

Hi marcnath

In my accounts salaries of director is shown as £15000 and Sales is 26769. Now can u please comment on whether this should be alright for my requirements of £50K? I mean my accountant is saying that u can say that the director salary remuneration was from sales and not from Investment. Is he right?

nish_patel7 wrote:Hi marcnath

In my accounts salaries of director is shown as £15000 and Sales is 26769. Now can u please comment on whether this should be alright for my requirements of £50K? I mean my accountant is saying that u can say that the director salary remuneration was from sales and not from Investment. Is he right?

He is right - you can argue that you took the salaries from the sales assuming the timing all works out. i.e. sales happened before salaries.

This guideline on excluding salaries was a recent one and I guess was added because some people were putting in money and just taking it back.

So, if you had a genuine business, this on its own will not be the one you get hit on.

Hi Zimba/Marcnath

Do I have to submit PAYE/NIC Payments receipts? My company pays quarterly this payments to HMRC. But dont have any documents to confirm, I only have my business bank account statement with HMRC PAYE/NIC reference no mentioned on it. That is all I have got.

nish_patel7 wrote:Hi Zimba/Marcnath

Do I have to submit PAYE/NIC Payments receipts? My company pays quarterly this payments to HMRC. But dont have any documents to confirm, I only have my business bank account statement with HMRC PAYE/NIC reference no mentioned on it. That is all I have got.

There is no requirement for that. Your FPS is the only requirement that covers PAYE /NIC

Hi Marcnath,

One of my employee is European National, do I need anything else apart from her Passport to claim job creation point?

nish_patel7 wrote:Hi Marcnath,

One of my employee is European National, do I need anything else apart from her Passport to claim job creation point?

No you don't

Hi Marcnath, while going through my Employees passport document I have noticed that none of the British Passport holds address details of the passport holder, do I have to supply address proof of the employee? Although address is mentioned on the payslips.

nish_patel7 wrote:Hi Marcnath, while going through my Employees passport document I have noticed that none of the British Passport holds address details of the passport holder, do I have to supply address proof of the employee? Although address is mentioned on the payslips.

No need to submit address proof.

Hi Gurus,

I have just noticed today that I have missed to pay one quater's Payi/NIC payment to HMRC for December 2016, which was of £58. Do you guys think it will have an impact on my application?

nish_patel7 wrote:Hi Gurus,

I have just noticed today that I have missed to pay one quater's Payi/NIC payment to HMRC for December 2016, which was of £58. Do you guys think it will have an impact on my application?

Unlikely, put do ensure it is paid

Hi Macnath,

I know this one is the silly one but taking Home office record on notice I dont want to take any chances, could you please tell me if I don't have the original document from Hmrc/company house to comfirm that I was registered as a director within 6 months of issuing the visa, which other documents will compensate to prove the requirement? Because I was registered as a director of the company when I opened the company in dec 2012, and my visa was issued in july 2014. There are other documents with me which states that since dec 2012 I am the sole director.

nish_patel7 wrote:Hi Macnath,

I know this one is the silly one but taking Home office record on notice I dont want to take any chances, could you please tell me if I don't have the original document from Hmrc/company house to comfirm that I was registered as a director within 6 months of issuing the visa, which other documents will compensate to prove the requirement? Because I was registered as a director of the company when I opened the company in dec 2012, and my visa was issued in july 2014. There are other documents with me which states that since dec 2012 I am the sole director.

The requirement is "a printout from Companies House of the company’s filing history page and a printout of a Current Appointment Report,"

So, your CAR should satisfy the requirement.

Note that since your company was set up 2012, it is not considered a "new business" for the definition of the T1 E visa.

I find it an odd situation, but especially for job creation evidence, it would be a good idea to follow the requirements set out in "joined or taken over an existing business" and provide the evidence accordingly.

Hi Marcnath,

I applied in dec 2012 for this visa depending on the same company and showed myself a Director of the company, then how is it that I need to show that I have joined an existing business?

nish_patel7 wrote:Hi Marcnath,

I applied in dec 2012 for this visa depending on the same company and showed myself a Director of the company, then how is it that I need to show that I have joined an existing business?

As I mentioned, it is an oddity.

The guidance says:
What is a ‘new’ business?
A23 A business will be only considered to be new if it was established no earlier than 12 months before the start of a period throughout which you have had continuous leave as a Tier 1 (Entrepreneur) migrant, and which includes your last grant of leave.

Since your grant was in 2014 and the business was started in 2012, it is not a new business as per the definition.

It should not matter in most cases - just that you need to provide some additional evidence - the main one is that you should submit the accountants letter for job creation. (at least that is my interpretation) And maybe some extra payslips/FPS than for a new business

Thanks Marcnath,

I am going to include Accountants job creation letter anyways just to be on the safe side, but what should I fill in the application form as it clearly asks whether you have joined an existing business or new one?

nish_patel7 wrote:Thanks Marcnath,

I am going to include Accountants job creation letter anyways just to be on the safe side, but what should I fill in the application form as it clearly asks whether you have joined an existing business or new one?

I would choose existing and add an explanation in your covering letter as to why you chose it (quote the guidance)

Hi Marcnath,

Also coming back to my original question about ~registered as a Director within 6 months~ You have mentioned that CAR report and filling history page will satisfy the requirement, but on my recent CAR report which is created on 05/07/2017 states that I am a Director of the company since 7/12/2012, Should it be fine to meet the requirement? Or Can I also depend on Annual Return document of 2014 which can be printed from Filling History page of Company house which clearly indicates that I am a director of the company in 2014? hopefully this will be my last question before I submit my application by today or tomorrow

nish_patel7 wrote:Hi Marcnath,

Also coming back to my original question about ~registered as a Director within 6 months~ You have mentioned that CAR report and filling history page will satisfy the requirement, but on my recent CAR report which is created on 05/07/2017 states that I am a Director of the company since 7/12/2012, Should it be fine to meet the requirement? Or Can I also depend on Annual Return document of 2014 which can be printed from Filling History page of Company house which clearly indicates that I am a director of the company in 2014? hopefully this will be my last question before I submit my application by today or tomorrow

The filing report will show that your Director role hasn't changed since 2012 - which is possibly why they specify the filing history. No harm adding the additional document.

FPS reports show ALL people taking salaries. No need to send your payslips

When I take a print out of filling history page from the company house, no where in that print out it state anything about director, but if I will open the annual return report from filling history page inside that report it states about the Director.

nish_patel7 wrote:When I take a print out of filling history page from the company house, no where in that print out it state anything about director, but if I will open the annual return report from filling history page inside that report it states about the Director.

It does not, because there were no changes.

Here's an example of a filing history in the CAR - If a person is no longer a Director, it will show up in the report as Appointment Terminated, Director {name of Director}

So, if that is not there, then HO knows the initial appointment has continued.

Thanks Marcnath,

Which date should I mention in my application form where it asks that Which date your company started reporting for FPS for the first time? Because in my case my accountant started showing director salaries from September 2015, and after one year in October 2016 we started reporting fps for 2 employees. Should I put October 2016 because thats when we started paying employees? Especially when the question is asked under Job Creation Section

nish_patel7 wrote:Thanks Marcnath,

Which date should I mention in my application form where it asks that Which date your company started reporting for FPS for the first time? Because in my case my accountant started showing director salaries from September 2015, and after one year in October 2016 we started reporting fps for 2 employees. Should I put October 2016 because thats when we started paying employees? Especially when the question is asked under Job Creation Section

It should be whenever you started reporting FPS - in this case, I assume Sept 2015

Hi Mracnatth,

What documents will satisfy that the Company is subject to UK taxation? Because I don't have CT41G with me. Today ai am applying and that is the only documents looks like I dont have.