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1) No, there is no impactAnontier20 wrote: ↑Tue Mar 03, 2020 11:21 pmHello all,
I am completing the 1st year of the second stage of my extension Tier 1 (Ent) visa, I should be applying for the 5 year settlement next summer if all goes well and no major changes in the HO rules.
My questions are:
1) The business which I had been running isn't doing very well and want to expand my business options so am looking to purchase an turnkey business and merge the two together. This is an additional investment to the original £50k put in to the Business A when I applied for Tier 1 in 2016. What are the views on this as I know that the money paid to an owner is not an option for Tier 1 route? However as this is in the extension stage and additional money paid then are there any problems or issues?
2)This does mean that whilst setting up the second business, I've been quite quiet working on the businesses so HO may not see a high volume of sales/ revenue for the first 10 months in the 1st year of the extension but it will significantly jump up before month 12. Is this going to cause a lot of questions?
3) Is there a limit to the number of businesses a Tier 1 Entr. visa holder can own/run under one ltd company?
Thank you for your help.
There is no requirement for all companies to be the same. You can have different evidence from different companies, as long as you are a Director of the businessAnontier20 wrote: ↑Tue Mar 10, 2020 1:52 amThat the payslips need to reflect the company name of the ltd company of which I am director of so far on all the visa applications ( 1st and extension one) and that the accounts need to show the same information?
That's the confusion.
Can I use company A details even though company B is the one that has been shown to the HO so far?
I am not sure where you get the 3 months is coming from. You just need to be a Director at the time of application
It says "within" !! The day of application is still within 3 months.Anontier20 wrote: ↑Mon Mar 16, 2020 7:58 pmFrom the guidelines page 32:
You have been:
(a) registered with HM Revenue & Customs as self-employed, or
(b) registered with Companies House as a director of a UK company or
member of a UK limited liability partnership.
The requirements above must have been met:
(i) within 6 months of entering the UK (if granted entry clearance and there is
evidence to establish your date of entry) or, in any case within six months from
the date your last leave was granted, and
(ii) within the three months before the date of application
That is a tough one and a bit too early to comment on. We still do not know how long this will last. For example, if it lasts only three months, you still have plenty of time to meet the requirements. If it lasts a year, then it is a different matter and I hope HO will consider some waiver.Anontier20 wrote: ↑Mon Mar 16, 2020 7:58 pm
Also on the back of this is the ongoing concern about staff now with the Covid-19-
If the city/ country goes on lockdown for the foreseeable future, as my business is in hospitality, with no sales coming as the customers have all disappeared, from and accounting and business point of view, it doesn't justify the staff wages if they aren't coming in to work, especially if the coffee shop is closed. How will this impact the 30 hour rule, the payslips etx? Or HO doesn't care and expects the businesses to keep paying as in essence we want to be here in the country so don't have the same rights and privileges as British businesses?
It is said that many of the larger companies are being closed down for 12 weeks or so, which is 3 months of no business. I don't know how many small hospitality and events sized businesses will come out on the other side.
Any input or thoughts and suggestions are welcome, albeit even if no one has an actual clue as this situation new to everyone concerned.
To repeat, the requirement is only that you should be a Director at the time of renewal. And the evidence you provide for that should not be more than three months old.Anontier20 wrote: ↑Tue Mar 17, 2020 2:20 pmThanks Mcnarth.
I think I have misunderstood this (ii) within the three months before the date of application
It says "within" !! The day of application is still within 3 months.
Perhaps may make more sense if I illustrate my situation:
I got my Tier 1 Entp. visa extension in May 2019, so will be applying for settlement End of April / May 2021( subject to when I get staff back on payroll this year) but as explained before I had used company A for the initial application followed by the extension.
However, I want to merge that business into a coffee shop ( business B-) I own in partnership with other individuals, (BUT my name isn't on as a director currently as I was minor shareholder - and this was never on the record for the visa scheme I am on) but the two directors now want to leave and want me to take over 100%. If I have my name appear as the sole director as of March 2020 will this be an issue? Does it cover me for the 20 points on page 32- Row 2 (ii) within the three months before the date of application.
Yes, it is ok to be different companies.Anontier20 wrote: ↑Tue Mar 17, 2020 2:20 pm
We have staff for this business but again this was not the business I submitted when I had applied for the extension for, the £50k initially invested was not used for this business, that is my Company A.Ironically Business B has performed better than Company A, so I am wondering as it has consistent staff on payroll etc if it makes sense to use this one if I can. Does this make some sort of sense, as there is an overlap in place because the guidelines say :
You do not need to provide evidence of (i) if you were awarded points for this in your last successful Tier 1 (Entrepreneur) application. You must still provide evidence of (ii). Still ok if two completely different ltd companies?
Thank you as always!
No, this is for businesses. No details are available yet. It is expected to be managed by local councils - please monitor the news for details.
It is an increase of JOBS, not people. So, you need to create additional jobs and hire staff into them. It is assumed existing Jobs will continue to be staffed, though that is not explicitly stated.
I am not suggesting anything, just stating facts. I do not know enough of your business.Anontier20 wrote: ↑Wed Mar 18, 2020 11:18 pm
The jobs are already there, so are you suggesting I close down Company B which I am not currently director of( though I've invested in it), create a new company ( Company C), and the payslips which were issued from Company B (these roles be part of the 2019-2020 job roles), in addition to the new company named payslips ( and relevant docs) for 2020-2021 would be from Company C? And the cross and overlap between these two is possible, satisfying new business and staff points?
No, I am not saying that.Anontier20 wrote: ↑Wed Mar 18, 2020 11:18 pm
Or are you saying actually in essence, Company A and Company B can't be used effectively for the paper trail as previously suggested in your message on 10th March 2020- There is no requirement for all companies to be the same. You can have different evidence from different companies, as long as you are a Director of the business
Because payslips, p32's etc all show a company name hence I wasn't sure how different evidence from different companies can work.
You do not need to create the exact same jobs - just the number of jobs. So if you don't have 2 director jobs, it can just be any other two jobs - admin, marketing, whatever..
If the 3 part time roles together made up one FT equivalent, then 3 FT jobs will be needed.Anontier20 wrote: ↑Thu Mar 19, 2020 3:16 pm
If it has to be listed as
(b) taken over or invested in an existing business or businesses and your
services or investment have resulted in a net increase in the employment
provided by the business or businesses for settled workers by creating the
equivalent of at least 2 new full time jobs for settled workers
The jobs must have existed for at least 12 months during your most recent
grant of leave or, where that leave was granted less than 12 months ago, for at
least the 12 months immediately before the date of your current application.
Let's say business B has 3 part time roles, what is the net increase for this?
I think I have answered this many times. The answer is YES !!!Anontier20 wrote: ↑Thu Mar 19, 2020 3:16 pmI appreciate you don't know enough, I was trying to explain it as much as I could. Currently the visa was issued with proof submitted from Business A -created in 2014( with all the documents required from guidelines). Business B created in 2017, but I was not listed as director though I've had an investment in it. What I'm asking is can I add my name as director today, and use business B for the next stage for settlement?
Yes, that could work. Focus on the evidence you need to submit. If you can provide evidence to show how you fulfil the requirements, you should be ok.Anontier20 wrote: ↑Thu Mar 19, 2020 3:16 pm
I've had staff on the payroll for this as it's the more profitable business. Business A currently doesn't have staff and I'm working on creating more sales avenues to justify salaries. Is this clearer? I don't think Company C is required because as worst case I absorb Company B into A and close B down as well, and just have the brand under company A, but that's at my discretion. But that's a worst case and I didn't want to mix the two for accounting purposes, but if needs must and seems sensible, I'll do it.
You can have investment evidence from one company, jobs from another. You can have evidence for Job 1 from one company, Job 2 from another. There is no requirement that you should only use one company at a time.Anontier20 wrote: ↑Thu Mar 19, 2020 3:16 pm
My question was more in regards to the use of Company B staff/ jobs so to cover in the interim if I lose a few months due to the coronovirus as I've had to temporarily send staff home, due to the lockdown the salaries aren't justified, without customers we can't pay, And yes govt loans etc have been said but let's face it, we don't know how long that will take and to whom they'll actually help out etc, as no one seems to know what's going on, even whilst I type this out to you, and suspect the HO probably won't care at the moment.
What did you mean by this then? There is no requirement for all companies to be the same. You can have different evidence from different companies, as long as you are a Director of the business
Very confused now.