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Director's Loan agreement and Fund transfer

Only for UK Tier 1 (Entrepreneur) points system

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

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tier1entrepreneur-A
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Posts: 141
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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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marcnath
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Posts: 5847
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

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.

tier1entrepreneur-A
Member
Posts: 141
Joined: Mon Dec 25, 2017 2:08 pm

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.

tier1entrepreneur-A
Member
Posts: 141
Joined: Mon Dec 25, 2017 2:08 pm

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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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

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.

tier1entrepreneur-A
Member
Posts: 141
Joined: Mon Dec 25, 2017 2:08 pm

Re: Business activities

Post by tier1entrepreneur-A » Mon Feb 03, 2020 12:43 pm

marcnath wrote:
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
Thanks marcnath for your comment, much appreciated.

tier1entrepreneur-AA
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Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
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Business accounts (to prove investment) - Accountant introduction wording

Post by tier1entrepreneur-AA » Mon Mar 16, 2020 7:09 pm

Hi Team,

This year accounts will be submitted with my ILR application as the Directors loan have been invested during last year,

The wording below is part of my business accounts that the accountant will submit to HMRC, my question is, does any part of this introduction not filling/against the Home office requirements,

____________________________________________________ start
"Accountants' report to the director of XXXX Ltd

(XXXXX accountant company name and address)

You consider that the company is exempt from an audit for the year ended 31 January 2020. You
have acknowledged, on the balance sheet, your responsibilities for complying with the requirements
of the Companies Act 2006 with respect to accounting records and the preparation of accounts.
These responsibilities include preparing accounts that give a true and fair view of the state of affairs
of the company at the end of the financial year and of its profit or loss for the financial year.
In accordance with your instructions, we have prepared the accounts which comprise the Profit and
Loss Account and the Balance Sheet from the accounting records of the company and on the basis
of information and explanations you have given to us.
We have not carried out an audit or any other review, and consequently we do not express any opinion on these accounts.

(XXXXX accountant company name, address and date)"

____________________________________________________ End

Does any wording on the above need to be adjusted (for Home office requirement)

Note: I prepare the bookkeeping internally, and the accountant company provides and ongoing advice, business end of year accounts & Director tax return.

The accountant have sent to be the business accounts documents for reviewing and sign, and then she will submit it to HMRC and companies House.

As this accounts will be submitted with my ILR/extension application end of this year (to prove the investment), I would like to make sure that the wording above is suitable.

Looking forward to hearing from you your valuable advice.

Thanks in advance.

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marcnath
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Location: Milton Keynes

Re: Director's Loan agreement and Fund transfer

Post by marcnath » Mon Mar 16, 2020 9:39 pm

That seems to be the standard wording. There are no specifications for this.
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.

tier1entrepreneur-AA
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Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
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Re: Director's Loan agreement and Fund transfer

Post by tier1entrepreneur-AA » Tue Mar 17, 2020 3:09 pm

marcnath wrote:
Mon Mar 16, 2020 9:39 pm
That seems to be the standard wording. There are no specifications for this.
Excellent, thanks marcnath for your confirmation, much appreciated.

tier1entrepreneur-AA
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Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
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Documents required for job creation (Business I have joined)

Post by tier1entrepreneur-AA » Tue Mar 17, 2020 3:33 pm

Hi team,

I have joined a company which already exist, and an employee has joined after my joining date, I'm preparing the required documents for extension/ILR application,

Note: he joined the business after my joining date.

I'm preparing the following for him to be counted as job created, and would like your advice if I need to add or remove any of these:

#1- Companies house document confirming my joining date.
#2- RTI/FPS/Period summary showing the employee joining date (which will be on the first month he have joined the company)
#3- 12 Payslips (including total working hours and hourly rate),
#4-RTI/FPS: for each month of the qualified 12 month period.
#5-Confirmation that no employees (in my case) have been on the company payroll before my joining date, so I need an official document to prove that (i.e. HMRC employer register document or something similar).
#6-Letter from the accountant:
As per the Home office guide, I need a letter from the accountant fulfill the requirements below:
----------------------
If they took over or joined an existing business, they must also provide a letter from
an accountant, to verify the job creation. The accountant’s letter must contain:
• the name and contact details of business
• the status of the applicant in the business
• the number of posts created in the business.
• dates of the employment created
• registration or permission of the accountant to operate in UK
• the date the accountant created the letter on behalf of the applicant
• If the business did not employ workers before the applicant took over or joined
it, confirmation of this
• a statement from the accountant to confirm the content of the letter to the Home
Office
The accountant must not be the applicant (if they are working in their business as an
accountant) and must have a valid licence to practise or practising certificate.
----------------------
#7- Other directors passport copy (in my case they are British)
#8-Employee passport copy (in my case he is British).

Could you please check the above, and highlight if i need to remove or add any document from the list above?,
Does the accountant letter (#6) can replace any of the other documents?

Another point, an employee have basic salary rate monthly of £1600, without anything mentioned on his payslip apart from basic salary (no number of hours or hourly rate mentioned), do I need to produce new payslips to show the number of hours and hourly rate?

Thanks in advance.

User avatar
marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Documents required for job creation (Business I have joined)

Post by marcnath » Wed Mar 18, 2020 1:46 pm

tier1entrepreneur-AA wrote:
Tue Mar 17, 2020 3:33 pm
Hi team,

I have joined a company which already exist, and an employee has joined after my joining date, I'm preparing the required documents for extension/ILR application,

Note: he joined the business after my joining date.

I'm preparing the following for him to be counted as job created, and would like your advice if I need to add or remove any of these:

#1- Companies house document confirming my joining date.
#2- RTI/FPS/Period summary showing the employee joining date (which will be on the first month he have joined the company)
#3- 12 Payslips (including total working hours and hourly rate),
#4-RTI/FPS: for each month of the qualified 12 month period.
#5-Confirmation that no employees (in my case) have been on the company payroll before my joining date, so I need an official document to prove that (i.e. HMRC employer register document or something similar).==> There is no such thing as an employer register that I know of. If the company was registered for PAYE, there would be an RTI/FPS even if there were no employees. If the company was not registered for PAYE, then the registration document should help.
#6-Letter from the accountant:
As per the Home office guide, I need a letter from the accountant fulfill the requirements below:
----------------------
If they took over or joined an existing business, they must also provide a letter from
an accountant, to verify the job creation. The accountant’s letter must contain:
• the name and contact details of business
• the status of the applicant in the business
• the number of posts created in the business.
• dates of the employment created
• registration or permission of the accountant to operate in UK
• the date the accountant created the letter on behalf of the applicant
• If the business did not employ workers before the applicant took over or joined
it, confirmation of this
• a statement from the accountant to confirm the content of the letter to the Home
Office
The accountant must not be the applicant (if they are working in their business as an
accountant) and must have a valid licence to practise or practising certificate.
----------------------
#7- Other directors passport copy (in my case they are British)==> There is no requirement for this
#8-Employee passport copy (in my case he is British).

Could you please check the above, and highlight if i need to remove or add any document from the list above?,
Does the accountant letter (#6) can replace any of the other documents? ==> No

Another point, an employee have basic salary rate monthly of £1600, without anything mentioned on his payslip apart from basic salary (no number of hours or hourly rate mentioned), do I need to produce new payslips to show the number of hours and hourly rate? ==> No

Thanks in advance.
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.

tier1entrepreneur-AA
Newbie
Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
Mood:

Re: Documents required for job creation (Business I have joined)

Post by tier1entrepreneur-AA » Mon Mar 23, 2020 9:20 pm

marcnath wrote:
Wed Mar 18, 2020 1:46 pm
tier1entrepreneur-AA wrote:
Tue Mar 17, 2020 3:33 pm
Hi team,

I have joined a company which already exist, and an employee has joined after my joining date, I'm preparing the required documents for extension/ILR application,

Note: he joined the business after my joining date.

I'm preparing the following for him to be counted as job created, and would like your advice if I need to add or remove any of these:

#1- Companies house document confirming my joining date.
#2- RTI/FPS/Period summary showing the employee joining date (which will be on the first month he have joined the company)
#3- 12 Payslips (including total working hours and hourly rate),
#4-RTI/FPS: for each month of the qualified 12 month period.
#5-Confirmation that no employees (in my case) have been on the company payroll before my joining date, so I need an official document to prove that (i.e. HMRC employer register document or something similar).==> There is no such thing as an employer register that I know of. If the company was registered for PAYE, there would be an RTI/FPS even if there were no employees. If the company was not registered for PAYE, then the registration document should help.
#6-Letter from the accountant:
As per the Home office guide, I need a letter from the accountant fulfill the requirements below:
----------------------
If they took over or joined an existing business, they must also provide a letter from
an accountant, to verify the job creation. The accountant’s letter must contain:
• the name and contact details of business
• the status of the applicant in the business
• the number of posts created in the business.
• dates of the employment created
• registration or permission of the accountant to operate in UK
• the date the accountant created the letter on behalf of the applicant
• If the business did not employ workers before the applicant took over or joined
it, confirmation of this
• a statement from the accountant to confirm the content of the letter to the Home
Office
The accountant must not be the applicant (if they are working in their business as an
accountant) and must have a valid licence to practise or practising certificate.
----------------------
#7- Other directors passport copy (in my case they are British)==> There is no requirement for this
#8-Employee passport copy (in my case he is British).

Could you please check the above, and highlight if i need to remove or add any document from the list above?,
Does the accountant letter (#6) can replace any of the other documents? ==> No

Another point, an employee have basic salary rate monthly of £1600, without anything mentioned on his payslip apart from basic salary (no number of hours or hourly rate mentioned), do I need to produce new payslips to show the number of hours and hourly rate? ==> No

Thanks in advance.
Thanks marcnath for your valuable advice, it's much appreciated,

Wrt the last point:
Another point, an employee have basic salary rate monthly of £1600, without anything mentioned on his payslip apart from basic salary (no number of hours or hourly rate mentioned), do I need to produce new payslips to show the number of hours and hourly rate? ==> No

Does this will mean that I will add a hourly rate on the application with out have it mentioned on the payslips?
(i.e. Full time, Hourly rate= £10, and HO will have to calculate how many hours in each month to confirm that its a full time job (30hrs or more per week))

Could you please explain more this point.

Thanks in advance.

User avatar
marcnath
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Posts: 5847
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Director's Loan agreement and Fund transfer

Post by marcnath » Wed Mar 25, 2020 7:49 pm

Correct - you have explained it well yourself
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.

tier1entrepreneur-AA
Newbie
Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
Mood:

Re: Director's Loan agreement and Fund transfer

Post by tier1entrepreneur-AA » Thu Mar 26, 2020 10:01 am

marcnath wrote:
Wed Mar 25, 2020 7:49 pm
Correct - you have explained it well yourself
Excellent.

Thanks marcnath for your confirmation.

Have a good day.

tier1entrepreneur-AA
Newbie
Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
Mood:

FPS, Payslips and visa application filling

Post by tier1entrepreneur-AA » Tue Mar 31, 2020 9:14 am

Dear Team,

With the government business support scheme to pay 80% of the employee wages, I'm wondering how we will fill the visa application form for the working hours,hourly rate, and gross pay, How HO will do the calculations based on the gross pay which will be 80% of the normal salary.

working hours on the payslip and FPS can remain based on 30hrs per week??

For March as an example:
Working hours need to be 132hrs to fulfill the 30hrs per week requirement, what we should fill if they Furlough, my understanding that the employees shouldn't do any work if they are Furloughed by their employer.
Hourly rate remain £9
Payslip amount = ?? (zero or 80% of the wages)

How payment can be zero or 80% of the wages and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.

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

Re: FPS, Payslips and visa application filling

Post by Zimba » Tue Mar 31, 2020 1:55 pm

tier1entrepreneur-AA wrote:
Tue Mar 31, 2020 9:14 am
Dear Team,

With the government business support scheme to pay 80% of the employee wages, I'm wondering how we will fill the visa application form for the working hours,hourly rate, and gross pay, How HO will do the calculations based on the gross pay which will be 80% of the normal salary.

working hours on the payslip and FPS can remain based on 30hrs per week??

For March as an example:
Working hours need to be 132hrs to fulfill the 30hrs per week requirement, what we should fill if they Furlough, my understanding that the employees shouldn't do any work if they are Furloughed by their employer.
Hourly rate remain £9
Payslip amount = ?? (zero or 80% of the wages)

How payment can be zero or 80% of the wages and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.
STICK to the dedicated topic on this issue !!!!!! It is unhelpful to have the same discussion all over the forum in every post

uk-tier-1-entrepreneur-visas/impact-due ... 99365.html
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

User avatar
marcnath
Moderator
Posts: 5847
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: FPS, Payslips and visa application filling

Post by marcnath » Tue Mar 31, 2020 1:56 pm

tier1entrepreneur-AA wrote:
Tue Mar 31, 2020 9:14 am
Dear Team,

With the government business support scheme to pay 80% of the employee wages, I'm wondering how we will fill the visa application form for the working hours,hourly rate, and gross pay, How HO will do the calculations based on the gross pay which will be 80% of the normal salary.

working hours on the payslip and FPS can remain based on 30hrs per week??

For March as an example:
Working hours need to be 132hrs to fulfill the 30hrs per week requirement, what we should fill if they Furlough, my understanding that the employees shouldn't do any work if they are Furloughed by their employer.
Hourly rate remain £9
Payslip amount = ?? (zero or 80% of the wages)

How payment can be zero or 80% of the wages and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.
The government pays 80% of the wages. That does not limit you to paying 0 or 80%.
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.

tier1entrepreneur-AA
Newbie
Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
Mood:

Re: FPS, Payslips and visa application filling

Post by tier1entrepreneur-AA » Tue Mar 31, 2020 3:35 pm

Zimba wrote:
Tue Mar 31, 2020 1:55 pm

STICK to the dedicated topic on this issue !!!!!! It is unhelpful to have the same discussion all over the forum in every post

uk-tier-1-entrepreneur-visas/impact-due ... 99365.html

Thanks Zimba, all noted.

tier1entrepreneur-AA
Newbie
Posts: 30
Joined: Mon Mar 16, 2020 5:49 pm
Mood:

Re: FPS, Payslips and visa application filling

Post by tier1entrepreneur-AA » Tue Mar 31, 2020 3:44 pm

marcnath wrote:
Tue Mar 31, 2020 1:56 pm
tier1entrepreneur-AA wrote:
Tue Mar 31, 2020 9:14 am
Dear Team,

With the government business support scheme to pay 80% of the employee wages, I'm wondering how we will fill the visa application form for the working hours,hourly rate, and gross pay, How HO will do the calculations based on the gross pay which will be 80% of the normal salary.

working hours on the payslip and FPS can remain based on 30hrs per week??

For March as an example:
Working hours need to be 132hrs to fulfill the 30hrs per week requirement, what we should fill if they Furlough, my understanding that the employees shouldn't do any work if they are Furloughed by their employer.
Hourly rate remain £9
Payslip amount = ?? (zero or 80% of the wages)

How payment can be zero or 80% of the wages and it still classified as FT (30hours per week) while HO make the calculations based on hourly rate and gross payment?, as this will be the values on the visa application and supported by payslips and FPS?

Thanks in advance.
The government pays 80% of the wages. That does not limit you to paying 0 or 80%.
Thanks marcnath,

I would like to understand if mentioning "furlough" in the employees payslip or FPS will have any bad effect with HO during ILR application, as these months payslips/FPS I will use to count toward job creation,

I will be able to top up the wages to be 100% as usual, so HO can make the calculations based on the 100%, but the accountant said that she will not mention the hourly rate on the payslips, and will only mention "furlough" instead of salary on both payslips and FPS.

I don't want at my last period for my ILR application to be affected by this situation, so I would like to confirm that by receiving this support to cover employees wadges (80%) will not affect payslips/FPS/ Job creation requirements by HO.

Thanks in advance for your support.

User avatar
marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Director's Loan agreement and Fund transfer

Post by marcnath » Tue Mar 31, 2020 6:46 pm

There has never been a requirement to have hourly wages on the payslip.

Receiving the support has no impact on your application.
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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