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

Changes to immigration rules from 24 November 2016

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Changes to immigration rules from 24 November 2016

Post by Zimba » Fri Nov 04, 2016 2:24 pm

This is a thread to discuss the upcoming immigration rule changes, clarifications and issues Tier 1E applicants might face from the end of this month. The government has issued the list of new changes/amendments to immigration rules which will take effect from 24 November 2016. The changes to Tier 1E rules seem to be mostly minor technical ones and clarifications, however the important rule change seems to be that the 28 days rule is to be abolished.

The 28 days rule to be abolished and replaced with 14 days instead even for ILR applications, See discussion here: http://www.immigrationboards.com/uk-tie ... 19342.html

Changes and clarifications to Tier 1E rules are as follows:
7.19. The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a business in the UK. The following minor technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors:

•An amendment to clarify that applicants supplying third party evidence do not need to meet the requirement for their bank statements to cover a consecutive 90-day period of time.
•An amendment to make clear that applicants who are also accountants cannot sign-off their own accounts and/or funding evidence.
•Making a provision to allow applicants with funding from an endorsed Seed Funding Competition to provide a letter from an authorised official of the fund as confirmation that money is being made available for investment (rather than a letter from an accountant as at present). This brings the provision for funding from endorsed Seed Funding Competitions into line with the provisions for funding from UK and Devolved Government Departments.
A clarification that the company‟s register of members must come from Companies House.
•In response to queries from external stakeholders, minor clarifications are being made to existing Immigration Rules around job creation and evidence to demonstrate Pay As You Earn (PAYE) reporting to HM Revenue and Customs (HMRC)
IMPORTANT: It is also been clarified that for employees after 5 October 2013, you MUST ONLY submit FPS reports to prove that you are reporting PAYE via RTI. This is important given that many applicants thought that HO will accept alternative evidence of reporting RTI like P11, etc:
(1) for reporting up to and including 5 October 2013 either:

•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 starting date of the employment, or
• printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC (if he began reporting via Real Time before 6 October 2013); and

(2) for reporting from 6 October 2013 onwards, printouts of Real Time- Full Payment Submissions which confirm the report of PAYE income tax to HMRC.

The 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; and”.
Source: https://www.gov.uk/government/uploads/s ... ssible.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

MYA
Member
Posts: 144
Joined: Sun Sep 29, 2013 3:20 pm

Re: Changes to immigration rules from 24 November 2016

Post by MYA » Fri Nov 04, 2016 2:27 pm

Hi members of board,
Actually my question should come under ILR (long Residency)
Here, but I might lost the track so Iam going to mention here, please reply according to your understanding.!!!!!!

As per paragraph 7.49, my understanding is home office is not going to count the period we spent between two leaves that is the period between expiry of first leave and the start date of new leave is not going to be included in law full long residency period.

Am I correct in understanding of the paragraph, so in my understanding the people who r going to apply on long residency basis have to wait more as equivalent to the the time between two leaves, or section 3 leave is not going to be included in 10 years long residency.

I know it's a different question to T1 entrepreneur, but I think it might be useful to discuss for entrepreneur later on.

Waiting for reply by all members.

samaygrg
Senior Member
Posts: 607
Joined: Sat Jun 09, 2012 11:12 pm
Location: United Kingdom

Re: Changes to immigration rules from 24 November 2016

Post by samaygrg » Fri Nov 04, 2016 2:29 pm

thanks Zimba88 for the link and explanations.

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Fri Nov 04, 2016 2:33 pm

@MYA Do NOT post your questions in multiple threads please !
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

MYA
Member
Posts: 144
Joined: Sun Sep 29, 2013 3:20 pm

Re: Changes to immigration rules from 24 November 2016

Post by MYA » Fri Nov 04, 2016 2:36 pm

Hi Zimba
I post in 2nd thread as I saw it later, that you created for the discussion on changes effecting.!!!!!

samaygrg
Senior Member
Posts: 607
Joined: Sat Jun 09, 2012 11:12 pm
Location: United Kingdom

Re: Changes to immigration rules from 24 November 2016

Post by samaygrg » Fri Nov 04, 2016 2:38 pm

Hi MYA

From where did you extracted this info you asking? does this extract come from this update? I think if we have applied in time and have the extended leave under 3C by virtue of any given reason, none is overstayer, hence the stay is legal. And All legal stay is counted in.



MYA wrote:Hi members of board,
Actually my question should come under ILR (long Residency)
Here, but I might lost the track so Iam going to mention here, please reply according to your understanding.!!!!!!

As per paragraph 7.49, my understanding is home office is not going to count the period we spent between two leaves that is the period between expiry of first leave and the start date of new leave is not going to be included in law full long residency period.

Am I correct in understanding of the paragraph, so in my understanding the people who r going to apply on long residency basis have to wait more as equivalent to the the time between two leaves, or section 3 leave is not going to be included in 10 years long residency.

I know it's a different question to T1 entrepreneur, but I think it might be useful to discuss for entrepreneur later on.

Waiting for reply by all members.

MYA
Member
Posts: 144
Joined: Sun Sep 29, 2013 3:20 pm

Re: Changes to immigration rules from 24 November 2016

Post by MYA » Fri Nov 04, 2016 2:50 pm

7.49. Changes have also been made to the requirements for applicants for indefinite leave to remain to have completed a period of continuous lawful residence in the UK. These ensure that the Secretary of State will disregard any period of overstaying between periods of leave which, at the time the further application was made, fell to be disregarded under the previous 28 day period or the exceptions identified above. This is for reasons of fairness.

This is the copy paste frome explanation of changes.

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Fri Nov 04, 2016 2:52 pm

Time spent under Section 3C is lawful stay and counted towards your continuous period of stay for ILR. This has NOT changed.
The paragraph above simply says that 14 days rule now applies after your section3C ends !
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Query12345
Newly Registered
Posts: 14
Joined: Sun Jul 31, 2016 2:42 pm

Re: Changes to immigration rules from 24 November 2016

Post by Query12345 » Fri Nov 04, 2016 3:24 pm

With regards to the following note "•A clarification that the company‟s register of members must come from Companies House. " does this mean we have to request the documents by post from Companies House? Or is it fine to just print them off from online account with Companies House?

I tried to locate this line on the list of amendments, but couldn't locate it... can someone please let me know which part of the documents it's in so that I can have a proper read through?

TIA

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Fri Nov 04, 2016 4:37 pm

Query12345 wrote:With regards to the following note "•A clarification that the company‟s register of members must come from Companies House. " does this mean we have to request the documents by post from Companies House? Or is it fine to just print them off from online account with Companies House?

I tried to locate this line on the list of amendments, but couldn't locate it... can someone please let me know which part of the documents it's in so that I can have a proper read through?

TIA
Register Of Members is a document that is prepared and kept by the company. not the companies house based on Companies Act 2006. This is really frustrating as Home Office seems to think that Register of Members comes from Companies House :?

You can get the share holders information from companies house as on their website it says:
Additional facts which can be included on an incorporation certificate

On request the following details can be included as certified facts:
  • directors names and details such as date of birth or nationality
    secretaries names
    registered office address
    issued share capital
    shareholders
    the company’s objects
    good standing statement
However it also says:
You won’t be able to order certificates with information on shareholders, shareholdings or statement of capital from the beginning of November 2016, due to changes brought in by the Small Business Enterprise and Employment Act.
It makes you want to commit suicide :shock: :shock:

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

Query12345
Newly Registered
Posts: 14
Joined: Sun Jul 31, 2016 2:42 pm

Re: Changes to immigration rules from 24 November 2016

Post by Query12345 » Fri Nov 04, 2016 5:16 pm

Thanks Zimba your advice as usual is much appreciated!

Yasm33n
Junior Member
Posts: 84
Joined: Wed Oct 05, 2016 6:52 pm

Re: Changes to immigration rules from 24 November 2016

Post by Yasm33n » Fri Nov 04, 2016 11:12 pm

zimba88 wrote:
Query12345 wrote:With regards to the following note "•A clarification that the company‟s register of members must come from Companies House. " does this mean we have to request the documents by post from Companies House? Or is it fine to just print them off from online account with Companies House?

I tried to locate this line on the list of amendments, but couldn't locate it... can someone please let me know which part of the documents it's in so that I can have a proper read through?

TIA
Register Of Members is a document that is prepared and kept by the company. not the companies house based on Companies Act 2006. This is really frustrating as Home Office seems to think that Register of Members comes from Companies House :?

You can get the share holders information from companies house as on their website it says:
Additional facts which can be included on an incorporation certificate

On request the following details can be included as certified facts:
  • directors names and details such as date of birth or nationality
    secretaries names
    registered office address
    issued share capital
    shareholders
    the company’s objects
    good standing statement
However it also says:
You won’t be able to order certificates with information on shareholders, shareholdings or statement of capital from the beginning of November 2016, due to changes brought in by the Small Business Enterprise and Employment Act.
It makes you want to commit suicide :shock: :shock:

Source: https://www.gov.uk/government/organisat ... r-services
Hi zimmba
As you are aware that my application was refused due to Not submitting register of member certificate .
I have applied for AR at the moment on 16 of October 2016 I'm still waiting for reply it might come by 16 November
As you know if AR gets faild and alternatively if I make fresh application so how I would get register member cirtificte as at the moment I have it from my accountant
Do you mean to say that the one provided by my accountant will not be acceptable if I don't make fresh application b4 24 of November 2016 as I think I might make fresh application after 24 November as home office will return documents in 10 days time .
As most of original invoices I submitted already and have only copies of that
Should I only send copies in 2 nod fresh application would that be ok
And please help me regarding copy of register member as well

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Sat Nov 05, 2016 12:54 am

From 24 November, HO requires the Register of Members to come from Companies House, however this documents is kept/prepared only by a business owner. As I explained in depth, the demands are CLEARLY contradictory. I suggest you to contact Companies House to see if they issue certificates with shareholders information on them for you.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

The Druid
Newbie
Posts: 42
Joined: Tue Oct 11, 2016 4:44 am
Mood:
Nigeria

Re: Changes to immigration rules from 24 November 2016

Post by The Druid » Sat Nov 05, 2016 1:00 am

zimba88 wrote:This is a thread to discuss the upcoming immigration rule changes, clarifications and issues Tier 1E applicants might face from the end of this month. The government has issued the list of new changes/amendments to immigration rules which will take effect from 24 November 2016. The changes to Tier 1E rules seem to be mostly minor technical ones and clarifications, however the important rule change seems to be that the 28 days rule is to be abolished.

The 28 days rule to be abolished and replaced with 14 days instead even for ILR applications, See discussion here: http://www.immigrationboards.com/uk-tie ... 19342.html

Changes and clarifications to Tier 1E rules are as follows:
7.19. The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a business in the UK. The following minor technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors:

•An amendment to clarify that applicants supplying third party evidence do not need to meet the requirement for their bank statements to cover a consecutive 90-day period of time.
•An amendment to make clear that applicants who are also accountants cannot sign-off their own accounts and/or funding evidence.
•Making a provision to allow applicants with funding from an endorsed Seed Funding Competition to provide a letter from an authorised official of the fund as confirmation that money is being made available for investment (rather than a letter from an accountant as at present). This brings the provision for funding from endorsed Seed Funding Competitions into line with the provisions for funding from UK and Devolved Government Departments.
A clarification that the company‟s register of members must come from Companies House.
•In response to queries from external stakeholders, minor clarifications are being made to existing Immigration Rules around job creation and evidence to demonstrate Pay As You Earn (PAYE) reporting to HM Revenue and Customs (HMRC)
IMPORTANT: It is also been clarified that for employees after 5 October 2013, you MUST ONLY submit FPS reports to prove that you are reporting PAYE via RTI. This is important given that many applicants thought that HO will accept alternative evidence of reporting RTI like P11, etc:
(1) for reporting up to and including 5 October 2013 either:

•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 starting date of the employment, or
• printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC (if he began reporting via Real Time before 6 October 2013); and

(2) for reporting from 6 October 2013 onwards, printouts of Real Time- Full Payment Submissions which confirm the report of PAYE income tax to HMRC.

The 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; and”.
Source: https://www.gov.uk/government/uploads/s ... ssible.pdf
Hi am at a cross road as to the issue of start date as my application was refused based on that. Even though am waiting for the decision on my AR am preparing to refile, I gave my accountant instruction to file my oct FPS with money soft software. Which he did but the start date did not show and he insists the start date will only show on the first FPS of a new employee. Now we have P46 from our employee which is in our possession as we are not required to send it to Hmcr after the coming into effect of the RTI submission in 2013. Can we use the P46 as evidence of start date ?

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Sat Nov 05, 2016 1:05 am

Only FPS reports are accepted and you would get the start dates if you used the Payroll software since your employee joined. Changing the Software mid way will not give you FPS reports with start dates. You need to generate them manually based on the information your accountant gives you. See: http://www.immigrationboards.com/uk-tie ... 09974.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jafersadeq
Senior Member
Posts: 653
Joined: Sat Jun 20, 2015 1:14 am
Location: LONDON
St Kitts-Nevis

Re: Changes to immigration rules from 24 November 2016

Post by jafersadeq » Sat Nov 05, 2016 1:07 am

You need the first FPS for each one to show the start date, so you are ok with that.
Thanks

The Druid
Newbie
Posts: 42
Joined: Tue Oct 11, 2016 4:44 am
Mood:
Nigeria

Re: Changes to immigration rules from 24 November 2016

Post by The Druid » Sat Nov 05, 2016 1:35 am

jafersadeq wrote:You need the first FPS for each one to show the start date, so you are ok with that.
Thanks
Thanks in my previous application I included the HMRC registration page for the first FPS which had the start date but yet I was refused on that ground

Ali7770
Member
Posts: 105
Joined: Sun Aug 28, 2016 8:09 pm
Pakistan

Re: Changes to immigration rules from 24 November 2016

Post by Ali7770 » Sat Nov 05, 2016 1:49 am

Thanks zimba88.

You explained very well. :D

abid100
Newly Registered
Posts: 18
Joined: Sun Jun 19, 2016 7:36 pm

Re: Changes to immigration rules from 24 November 2016

Post by abid100 » Sat Nov 05, 2016 2:13 am

Hi All

In what situation a T1E applicant has to provide companys's register of members?

My question arises on the above posts " A clarification that the company‟s register of members must come from Companies House. "

I submitted my application on basis of Director Loan and is this requirement is something to do to demonstrate the £200k or £50k through share capital ?

Thanks

Abid

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Sat Nov 05, 2016 3:47 pm

In what situation a T1E applicant has to provide companys's register of members?
If you invested in shares and your company accounts do not show your name and the shares allocated as required.
My question arises on the above posts " A clarification that the company‟s register of members must come from Companies House. "
I submitted my application on basis of Director Loan and is this requirement is something to do to demonstrate the £200k or £50k through share capital ?
No, it does not apply to you as you invested via DL. Read the guide properly !
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

abid100
Newly Registered
Posts: 18
Joined: Sun Jun 19, 2016 7:36 pm

Re: Changes to immigration rules from 24 November 2016

Post by abid100 » Sat Nov 05, 2016 4:16 pm

Thanks Zimba for Clarifcation

softwareluv
Member
Posts: 128
Joined: Thu Jun 06, 2013 9:54 pm
India

Re: Changes to immigration rules from 24 November 2016

Post by softwareluv » Sat Nov 05, 2016 4:24 pm

I couldn't find any but has anyone found any changes with relation to what happens if AR is also refused? Do we still get chance to make fresh application within 14 days ( I guess thats the only change instead of 28 days?)

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Sat Nov 05, 2016 4:41 pm

softwareluv wrote:I couldn't find any but has anyone found any changes with relation to what happens if AR is also refused? Do we still get chance to make fresh application within 14 days ( I guess thats the only change instead of 28 days?)
Yes, you get the chance to apply for up to 14 days only instead of 28
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Yasm33n
Junior Member
Posts: 84
Joined: Wed Oct 05, 2016 6:52 pm

Re: Changes to immigration rules from 24 November 2016

Post by Yasm33n » Tue Nov 08, 2016 11:23 pm

zimba88 wrote:
Query12345 wrote:With regards to the following note "•A clarification that the company‟s register of members must come from Companies House. " does this mean we have to request the documents by post from Companies House? Or is it fine to just print them off from online account with Companies House?

I tried to locate this line on the list of amendments, but couldn't locate it... can someone please let me know which part of the documents it's in so that I can have a proper read through?

TIA
Register Of Members is a document that is prepared and kept by the company. not the companies house based on Companies Act 2006. This is really frustrating as Home Office seems to think that Register of Members comes from Companies House :?

You can get the share holders information from companies house as on their website it says:
Additional facts which can be included on an incorporation certificate

On request the following details can be included as certified facts:
  • directors names and details such as date of birth or nationality
    secretaries names
    registered office address
    issued share capital
    shareholders
    the company’s objects
    good standing statement
However it also says:
You won’t be able to order certificates with information on shareholders, shareholdings or statement of capital from the beginning of November 2016, due to changes brought in by the Small Business Enterprise and Employment Act.
It makes you want to commit suicide :shock: :shock:

Source: https://www.gov.uk/government/organisat ... r-services
Hi zimmba
I have called Compny house to get the shareholder information also I asked them about copy of register member cirtificate they clearly said that they won't be able to provide none of these .
As you know my case was only refused that I didn't submit register member cirtificate
Now I want to ask you in above Scenario what would you suggest me
Also if I do fresh application b4 24 of November2016 will I be able to send the same register member cirtificate which my accountant provided me as my AR result is on it way by 16 novemenr 2016 most probably

User avatar
Zimba
Moderator
Posts: 14770
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Changes to immigration rules from 24 November 2016

Post by Zimba » Wed Nov 09, 2016 12:00 am

Apply before 24th or otherwise you'll be in trouble. For now, HO assumes that such information comes form Companies House but that is clearly false. Immigration rules are now in contradiction to the Companies Act.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Locked
cron