Changes to immigration rules from 24 November 2016

Hi Zimba,

Just wanted to clarification why will he be in trouble if he don't apply by 24th November?

softwareluv wrote:Hi Zimba,

Just wanted to clarification why will he be in trouble if he don't apply by 24th November?

New rules changes demand a Register Of Members to be issued by the Companies House but such a document cannot be obtained from Companies House at all.

This is a thread about discussing upcoming rule changes, ask other questions in their own thread please

Is that if you have invested as share capital or that rule will apply to everyone? Change simply says A clarification that the company‟s register of members must come from Companies House. But does not give more information.

I have submitted my AR yesterday so I don't think I will get decision on AR before 24th November. So what would you suggest in such case?

I found only this one paragraph in immigration rules which asks for register of members. So I would imagine that document is required only if you have invested by way of share capital. Am I right?

(4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a copy of the company’s register of members must be provided,

softwareluv wrote:Is that if you have invested as share capital or that rule will apply to everyone? Change simply says A clarification that the company‟s register of members must come from Companies House. But does not give more information.

I have submitted my AR yesterday so I don't think I will get decision on AR before 24th November. So what would you suggest in such case?

Rules come into force for everyone on 24th. The problem is that the company's register of members CANNOT come from Companies House. So the solution is to include the information HO requires in the company accounts instead as given in the guide.

Please note that the company's register of members is ONLY required if you invested via share capital AND the value of the applicant’s share capital is not shown in the accounts

Please note that the rules changes that were discussed in this thread are now in force. The Tier1E Guidance and application form have also been updated.

zimba88 wrote:Please note that the rules changes that were discussed in this thread are now in force. The Tier1E Guidance and application form have also been updated.

Would be nice if any member here has a "PDF comparison software" and compare both forms (new and old) to see the main changes in the form so that new applicants pay more attention to the changes.

A note regrading the FPS reports

The new guidance has NOT changed the way FPS needs to be prepared or the information it has to show, NOTHING has changed in that regard. The new guide simply made it clear now that FPS is a requirement for ALL. For the proof, here is the old immigration rules from the ARCHIVE:

Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including the first submission or summaries),.... which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant’s business;

So please DO NOT CLAIM that the requirements on the FPS have changed

Hello Zimba the new guidance clearly states that they need full payments on the FPS documents

New guidance Page 55-56 points 183-185 clearly states that the FPS submissions must show full payment submissions for the employees we are claiming points for .

i) Evidence to show you are reporting Pay As You Earn (PAYE) income tax

183. You must provide evidence that you are reporting Pay As You Earn (PAYE ) income tax
appropriately to HM Revenue & Customs (HMRC), and have done so for the full period of employment for which points are being claimed, as follows:

1) For reporting up to and including 5 October 2013 only:

a) Printouts of Employee Payment Records and, unless the start date of the employment is shown in the Employee Payment Record, an original HMRC form P45 or form P46 (also called a Full Payment Submission) for the settled worker showing the start date of the employment, or

b) Printouts of Real Time Full Payment Submissions which confirm the report of PAYE income tax to HMRC (if you began reporting via Real Time before 6 October 2013); and

2) For reporting from 6 October 2013 onwards printouts of Real Time-Full Payment

184. This evidence in 1) or 2) above must show the total payments made to the settled workers as
well as the tax deducted and date which they started work with the applicant’s business.

185. From 6 October 2013, all businesses were required to report PAYE via Real Time.

All the best guys who ever posting their applications soon, hope u all get a quick reply , waiting is killing me.

https://www.gov.uk/government/uploads/s ... 1_2016.pdf

zimba88 wrote:A note regrading the FPS reports

The new guidance has NOT changed the way FPS needs to be prepared or the information it has to show, NOTHING has changed in that regard. The new guide simply made it clear now that FPS is a requirement for ALL. For the proof, here is the old immigration rules from the ARCHIVE:

Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including the first submission or summaries),.... which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant’s business;

So please DO NOT CLAIM that the requirements on the FPS have changed

Dangerous Dragon wrote:Hello Zimba the new guidance clearly states that they need full payments on the FPS documents

Yes and the OLD rules requested the EXACT SAME THING, nothing changed in that regards !!

zimba88 wrote:

Dangerous Dragon wrote:Hello Zimba the new guidance clearly states that they need full payments on the FPS documents

Yes and the OLD rules requested the EXACT SAME THING, nothing changed in that regards !![/quoteD
Dear Zimba88,
Is it right to fill up the form EH05 from company house to abtain the company's register of members and then company house will publish in their website ?

No, this form makes the members information PUBLIC. Read the form properly:

The company elects to keep information about members on the public register instead of in its own registers.
Keeping this information on the public register will make the full address of each member publicly available.
This information will remain part of the public record after the register is withdrawn.
You’ll need to give us the current members’ information in sections 3 and 4 as applicable

Hi All,

The register of members can be downloaded on Companies House website. It is part of Form AR01 (ef) which is updated after completing the normal annual returns.