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Director's Loan agreement and Fund transfer

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Re: Director's Loan agreement and Fund transfer

Post by CR001 » Sun Sep 08, 2019 7:30 pm

There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Char (CR001 not Casa)
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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sun Sep 08, 2019 7:35 pm

CR001 wrote:
Sun Sep 08, 2019 7:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sun Sep 08, 2019 7:44 pm

CR001 wrote:
Sun Sep 08, 2019 7:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.

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Re: British citizen employee (during his university study)

Post by marcnath » Mon Sep 09, 2019 10:44 am

tier1entrepreneur-A wrote:
Sun Sep 08, 2019 7:44 pm
CR001 wrote:
Sun Sep 08, 2019 7:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.
Yes, you can.
NMW varies by age - https://www.gov.uk/national-minimum-wage-rates
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: British citizen employee (during his university study)

Post by tier1entrepreneur-A » Wed Sep 18, 2019 2:14 am

marcnath wrote:
Mon Sep 09, 2019 10:44 am
tier1entrepreneur-A wrote:
Sun Sep 08, 2019 7:44 pm
CR001 wrote:
Sun Sep 08, 2019 7:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.
Yes, you can.
NMW varies by age - https://www.gov.uk/national-minimum-wage-rates
Thanks marcnath for your clarification, it's much appreciated.

Both of them have joined my company this month, and both hourly rate over the NMW.

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Director's Loan agreement (only one instead of three)

Post by tier1entrepreneur-A » Wed Sep 18, 2019 2:34 am

Hi Team,

I have completed the required investment (Director's Loan) in my own limited company in three transactions from my UK personal bank account to the company business bank account.

My question is:
Can I have only one Director's Loan agreement which listing the full loan amount as well as the three transactions details, and the agreement to be dated with the last transaction date?

i.e. to state on the agreement (only one) as suggested below:

______start

Total Director's Loan covered in this agreement as on the 17th Sept 2019 = £200,000, in a three transactions between 11th Feb 2019 and 17th Sept 2019 as detailed below:

11th Feb 2019 - £50,000 - Total Director's Loan to date = £50,000
13th Feb 2019 - £50,000 - Total Director's Loan to date = £100,000
17th Sept 2019 - £100,000 - Total Director's Loan to date = £200,000

______end

Is the above is acceptable and fulfill the requirement?, or I still need three individual Director's Loan agreements?

I will attach with the agreement the bank confirmation for the transaction from both personal and business account for the three transactions showing Director's Loan on both.

Appreciate your advice @marcnath and other members :-)

Thanks in advance.

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Re: Director's Loan agreement and Fund transfer

Post by marcnath » Wed Sep 18, 2019 11:27 am

One agreement is fine
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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Director's Loan agreement (only one instead of three)

Post by tier1entrepreneur-A » Wed Sep 18, 2019 6:20 pm

marcnath wrote:
Wed Sep 18, 2019 11:27 am
One agreement is fine

Excellent, thanks marcnath for your valuable advice, much appreciated.

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British citizen employee - Part time 10-15hrs per week (during his high school study)

Post by tier1entrepreneur-A » Thu Oct 10, 2019 9:42 am

Hi Team,

I just would like to ask if HO accept British citizen employee - Part time 10-15 hrs per week (high school student), as a PT employee for job creation.

Facts:
British citizen.
High school student.
Working part time - all the year (mainly work during the weekend)

Looking forward to hearing from you our valuable advice.

Thanks in advance.

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Re: British citizen employee - Part time 10-15hrs per week (during his high school study)

Post by marcnath » Thu Oct 10, 2019 11:24 am

tier1entrepreneur-A wrote:
Thu Oct 10, 2019 9:42 am
Hi Team,

I just would like to ask if HO accept British citizen employee - Part time 10-15 hrs per week (high school student), as a PT employee for job creation.

Facts:
British citizen.
High school student.
Working part time - all the year (mainly work during the weekend)

Looking forward to hearing from you our valuable advice.

Thanks in advance.
Can't see any reason 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.

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Director salary

Post by tier1entrepreneur-A » Sat Jan 11, 2020 12:50 pm

Hi Team,

I just would like your advice wrt the following:

I get paid monthly approx. £720 as a director salary from my limited company,

The company turnover (sales/revenue) every year is over £80k,

Sometimes we have zero sales in a month (rare happen, but still happening), but I still receive my monthly salary in these months which is £720,

Does the above can be an issue?, or HO just looking for the hole year revenue/sales and not per individual month (i.e per year, revenue=£80K, director salary=£8k)

Thanks in advance.

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Re: Director salary

Post by marcnath » Sat Jan 11, 2020 10:11 pm

tier1entrepreneur-A wrote:
Sat Jan 11, 2020 12:50 pm
Hi Team,

I just would like your advice wrt the following:

I get paid monthly approx. £720 as a director salary from my limited company,

The company turnover (sales/revenue) every year is over £80k,

Sometimes we have zero sales in a month (rare happen, but still happening), but I still receive my monthly salary in these months which is £720,

Does the above can be an issue?, or HO just looking for the hole year revenue/sales and not per individual month (i.e per year, revenue=£80K, director salary=£8k)

Thanks in advance.
HO is likely to timing into account. Not on a month on month basis but on a cumulative basis.

So, if your month 1 sales was £2000 and the next sales was in month 4, you are ok for month 1 and month 2 but then in month 3, HO may consider that you have withdrawn from your investment.
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: Director salary

Post by tier1entrepreneur-A » Wed Jan 15, 2020 5:47 pm

[/quote]

HO is likely to timing into account. Not on a month on month basis but on a cumulative basis.

So, if your month 1 sales was £2000 and the next sales was in month 4, you are ok for month 1 and month 2 but then in month 3, HO may consider that you have withdrawn from your investment.
[/quote]

Excellent, thanks for your clarification.

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Job creation

Post by tier1entrepreneur-A » Wed Jan 15, 2020 6:02 pm

Hi Team,

I just would like your advice wrt a job creation (1 job)

Employee 1 - PT - joined from Jan to Dec (12 months in total)
Employee 2 - PT - joined for 1 month only - only Jan (1 month in total)
Employee 3 - PT - Joined from Feb to Dec (11 months in total)

Combined working hours per week (Employee 1) and (Employee 2 then 3) = 30hrs or more per week.

Does the above is OK to fill the requirement for 1 job creation?

Thanks in advance.

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Re: Job creation

Post by marcnath » Wed Jan 15, 2020 8:53 pm

tier1entrepreneur-A wrote:
Wed Jan 15, 2020 6:02 pm
Hi Team,

I just would like your advice wrt a job creation (1 job)

Employee 1 - PT - joined from Jan to Dec (12 months in total)
Employee 2 - PT - joined for 1 month only - only Jan (1 month in total)
Employee 3 - PT - Joined from Feb to Dec (11 months in total)

Combined working hours per week (Employee 1) and (Employee 2 then 3) = 30hrs or more per week.

Does the above is OK to fill the requirement for 1 job creation?

Thanks in advance.
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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Re: Job creation

Post by tier1entrepreneur-A » Fri Jan 17, 2020 8:38 pm

marcnath wrote:
Wed Jan 15, 2020 8:53 pm
tier1entrepreneur-A wrote:
Wed Jan 15, 2020 6:02 pm
Hi Team,

I just would like your advice wrt a job creation (1 job)

Employee 1 - PT - joined from Jan to Dec (12 months in total)
Employee 2 - PT - joined for 1 month only - only Jan (1 month in total)
Employee 3 - PT - Joined from Feb to Dec (11 months in total)

Combined working hours per week (Employee 1) and (Employee 2 then 3) = 30hrs or more per week.

Does the above is OK to fill the requirement for 1 job creation?

Thanks in advance.
Yes
Excellent, Thanks marcnath

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Re: Director's Loan agreement and Fund transfer

Post by tier1entrepreneur-A » Fri Jan 17, 2020 8:46 pm

Hi Team,

I would like your advice on the following:

One employee (A) (out of 10 employees in total) left the company in Oct 2019 after her job role (Job X) been closed (after spending almost 2 years working for the company), and she has joined the company again in Jan 2020 doing another job position(Job Y), and she will be working for the company on this position for 12 months when I apply for ILR, does this can be classified as two jobs created, as each last for 12 months or more full time, and both (Job X and Job Y) are different jobs (job title/job description) and the first role (Job X) doesn't exist anymore (no one has filled Job X after her left as no need for Job X for the company any more), could you please advise?

Thanks in advance.

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Re: Director's Loan agreement and Fund transfer

Post by marcnath » Fri Jan 17, 2020 8:54 pm

tier1entrepreneur-A wrote:
Fri Jan 17, 2020 8:46 pm
Hi Team,

I would like your advice on the following:

One employee (A) (out of 10 employees in total) left the company in Oct 2019 after her job role (Job X) been closed (after spending almost 2 years working for the company), and she has joined the company again in Jan 2020 doing another job position(Job Y), and she will be working for the company on this position for 12 months when I apply for ILR, does this can be classified as two jobs created, as each last for 12 months or more full time, and both (Job X and Job Y) are different jobs (job title/job description) and the first role (Job X) doesn't exist anymore (no one has filled Job X after her left as no need for Job X for the company any more), could you please advise?

Thanks in advance.
In my personal opinion, yes, it should be counted as separate jobs.
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: Director's Loan agreement and Fund transfer

Post by tier1entrepreneur-A » Fri Jan 17, 2020 9:14 pm

marcnath wrote:
Fri Jan 17, 2020 8:54 pm
tier1entrepreneur-A wrote:
Fri Jan 17, 2020 8:46 pm
Hi Team,

I would like your advice on the following:

One employee (A) (out of 10 employees in total) left the company in Oct 2019 after her job role (Job X) been closed (after spending almost 2 years working for the company), and she has joined the company again in Jan 2020 doing another job position(Job Y), and she will be working for the company on this position for 12 months when I apply for ILR, does this can be classified as two jobs created, as each last for 12 months or more full time, and both (Job X and Job Y) are different jobs (job title/job description) and the first role (Job X) doesn't exist anymore (no one has filled Job X after her left as no need for Job X for the company any more), could you please advise?

Thanks in advance.
In my personal opinion, yes, it should be counted as separate jobs.
Excellent, Thanks marcnath for your confirmation, much appreciated.

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Employee working hours

Post by tier1entrepreneur-A » Wed Jan 29, 2020 9:09 am

Hi Team,

My company full time employees working 30hrs or more per week, so each month pay is different than the other (based on working hours), but working hours per week always 30hrs or more,

On each payslip (monthly) it include how many hours they work per month and hourly rate (i.e. 140 hours @ £8.50, or 120 hours @ £9.0)

My question is:
They almost work 6 hours on each working day or more Monday to Friday(total per week equal 30hrs or more), so for example Feb 2020 will be 120hrs (or more) per month, while in Jan 2020 they worked 138hrs (or more) per month (FEB 2020),

Does the above can make any confusion to CW, as the working hours vary between 120hrs and 142hrs? (i.e. not 130hrs as a fixed working hours per month)

Thanks in advance.

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Re: Employee working hours

Post by tier1entrepreneur-A » Thu Jan 30, 2020 7:31 pm

tier1entrepreneur-A wrote:
Wed Jan 29, 2020 9:09 am
Hi Team,

My company full time employees working 30hrs or more per week, so each month pay is different than the other (based on working hours), but working hours per week always 30hrs or more,

On each payslip (monthly) it include how many hours they work per month and hourly rate (i.e. 140 hours @ £8.50, or 120 hours @ £9.0)

My question is:
They almost work 6 hours on each working day or more Monday to Friday(total per week equal 30hrs or more), so for example Feb 2020 will be 120hrs (or more) per month, while in Jan 2020 they worked 138hrs (or more) per month (FEB 2020),

Does the above can make any confusion to CW, as the working hours vary between 120hrs and 142hrs? (i.e. not 130hrs as a fixed working hours per month)

Thanks in advance.
Any advice on this?,
I expect the answer, but I need a confirmation.

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Re: Employee working hours

Post by marcnath » Fri Jan 31, 2020 5:10 pm

tier1entrepreneur-A wrote:
Wed Jan 29, 2020 9:09 am
Hi Team,

My company full time employees working 30hrs or more per week, so each month pay is different than the other (based on working hours), but working hours per week always 30hrs or more,

On each payslip (monthly) it include how many hours they work per month and hourly rate (i.e. 140 hours @ £8.50, or 120 hours @ £9.0)

My question is:
They almost work 6 hours on each working day or more Monday to Friday(total per week equal 30hrs or more), so for example Feb 2020 will be 120hrs (or more) per month, while in Jan 2020 they worked 138hrs (or more) per month (FEB 2020),

Does the above can make any confusion to CW, as the working hours vary between 120hrs and 142hrs? (i.e. not 130hrs as a fixed working hours per month)

Thanks in advance.
No, it does 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.

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Re: Employee working hours

Post by tier1entrepreneur-A » Sun Feb 02, 2020 10:03 pm

marcnath wrote:
Fri Jan 31, 2020 5:10 pm
tier1entrepreneur-A wrote:
Wed Jan 29, 2020 9:09 am
Hi Team,

My company full time employees working 30hrs or more per week, so each month pay is different than the other (based on working hours), but working hours per week always 30hrs or more,

On each payslip (monthly) it include how many hours they work per month and hourly rate (i.e. 140 hours @ £8.50, or 120 hours @ £9.0)

My question is:
They almost work 6 hours on each working day or more Monday to Friday(total per week equal 30hrs or more), so for example Feb 2020 will be 120hrs (or more) per month, while in Jan 2020 they worked 138hrs (or more) per month (FEB 2020),

Does the above can make any confusion to CW, as the working hours vary between 120hrs and 142hrs? (i.e. not 130hrs as a fixed working hours per month)

Thanks in advance.
No, it does not
Excellent, thanks marcnath.

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Business activities

Post by tier1entrepreneur-A » Sun Feb 02, 2020 10:20 pm

Hi Team,

I just would like to check the following business activities will be acceptable by HO or not,

Q1:
My company will act like an agency to supply services to other recruitment agencies for freelancer jobs, and at the end of the month my company will send invoice for those agencies for the services completed by my subcontractors (almost from overseas and will not counted for job creation), and then my company will pay for those freelancers based on the contract between us (i.e keep 20% for my company and pay them 80%, based on their invoices),

Does the above will be acceptable by HO?

Note: the above will not be for job creation requirement, but it just the business activity.

Q2:
At some point I may use my current employee (PAYE) to do services for other clients (daily rate), and I will invoice those clients based on daily rate for those employee on those working days, and my employee will get paid monthly (PAYE), does this will be acceptable by HO?

I just would like to confirm that the two cases Q1 and Q2 will not break the rules at any point (tier 1 visa rules)

Thanks in advance.

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Re: Business activities

Post by marcnath » Mon Feb 03, 2020 8:31 am

tier1entrepreneur-A wrote:
Sun Feb 02, 2020 10:20 pm
Hi Team,

I just would like to check the following business activities will be acceptable by HO or not,

Q1:
My company will act like an agency to supply services to other recruitment agencies for freelancer jobs, and at the end of the month my company will send invoice for those agencies for the services completed by my subcontractors (almost from overseas and will not counted for job creation), and then my company will pay for those freelancers based on the contract between us (i.e keep 20% for my company and pay them 80%, based on their invoices),

Does the above will be acceptable by HO?

Note: the above will not be for job creation requirement, but it just the business activity.

Q2:
At some point I may use my current employee (PAYE) to do services for other clients (daily rate), and I will invoice those clients based on daily rate for those employee on those working days, and my employee will get paid monthly (PAYE), does this will be acceptable by HO?

I just would like to confirm that the two cases Q1 and Q2 will not break the rules at any point (tier 1 visa rules)

Thanks in advance.
Can't see an issue with the first one from an immigration point of view,
The second one is more tricky as it looks like the Job itself is not in your company. I can't see how HO would know from the documents you submit it your application. But if they do find out then they can object
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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