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Employment Pre 6th April 2014

Only for UK Tier 1 (Entrepreneur) points system

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

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mohsensari
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Employment Pre 6th April 2014

Post by mohsensari » Sat Dec 31, 2016 12:35 am

Hi
I got my visa in November 2013 and applying during next 2 month. I need your suggestions and advice regarding the employment.
My employees worked as below, I am a bit confused how to fill job creation.
1. Worked 3 months part time from 1/2/2016 to 31/7/2016 with 3 months gap within (3 month not paid in full RTI submission).
2. Worked 3 months part time from 1/2/2016 to 31/5/2016 with 1 month gap within (1 month not paid in full RTI submission).
3. worked 1 month part time and 4 months full time from 1/3/2016 to 31/8/2016 with 1 month gap within (1 month not paid in full RTI submission).
4. Worked 1 months part time from 1/5/2016 to 31/5/2016
5. Worked 5 months full time from 1/8/2016 to current.
My question is can I combined them as a full time job start from 1/2/2016 till current (during this time if we combined the hours they worked as full time job without gap ) as my business is 7 days working all of them worked as sales assistance and it is one role.
Many thanks for your prompt reply

sniperV
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Re: Employment Pre 6th April 2014

Post by sniperV » Sat Dec 31, 2016 10:09 am

yes, as long as one full time job for 24 months. at least 30 hours per week.

live4pride
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Re: Employment Pre 6th April 2014

Post by live4pride » Sat Dec 31, 2016 10:59 am

mohsensari wrote:Hi
I got my visa in November 2013 and applying during next 2 month. I need your suggestions and advice regarding the employment.
My employees worked as below, I am a bit confused how to fill job creation.
1. Worked 3 months part time from 1/2/2016 to 31/7/2016 with 3 months gap within (3 month not paid in full RTI submission).
2. Worked 3 months part time from 1/2/2016 to 31/5/2016 with 1 month gap within (1 month not paid in full RTI submission).
3. worked 1 month part time and 4 months full time from 1/3/2016 to 31/8/2016 with 1 month gap within (1 month not paid in full RTI submission).
4. Worked 1 months part time from 1/5/2016 to 31/5/2016
5. Worked 5 months full time from 1/8/2016 to current.
My question is can I combined them as a full time job start from 1/2/2016 till current (during this time if we combined the hours they worked as full time job without gap ) as my business is 7 days working all of them worked as sales assistance and it is one role.
Many thanks for your prompt reply
sorry to bother you.. is it 1. 2. 3. the number of employees worked under you or all of them are just one employee??
where there's a will there's a way

tier1in2014
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Re: Employment Pre 6th April 2014

Post by tier1in2014 » Sat Dec 31, 2016 11:56 am

HI I have also been asking the similar questions but finally one of the best Guru have solved this query for me . According to my knowledge what i understand is if you know the total number of hrs for all the part time employees for example

Lets say if all of your part times employee hrs in total are 500hrs . Divide this with min 30 hrs per week required . so

500 /30 =16.66 weeks jobs out of 104 weeks required for pre april 2014 .

Please correct me if I am wrong Zimba . There is no fixed policy guideline how the part time will hrs will be counted .
I am not perfect But I guess no one is ever perfect . We all make mistakes and learn from them. Never give up keep trying until you succeed.

Jazz2007
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Re: Employment Pre 6th April 2014

Post by Jazz2007 » Sat Dec 31, 2016 1:44 pm


mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Sat Dec 31, 2016 10:05 pm

live4pride wrote:
mohsensari wrote:Hi
I got my visa in November 2013 and applying during next 2 month. I need your suggestions and advice regarding the employment.
My employees worked as below, I am a bit confused how to fill job creation.
1. Worked 3 months part time from 1/2/2016 to 31/7/2016 with 3 months gap within (3 month not paid in full RTI submission).
2. Worked 3 months part time from 1/2/2016 to 31/5/2016 with 1 month gap within (1 month not paid in full RTI submission).
3. worked 1 month part time and 4 months full time from 1/3/2016 to 31/8/2016 with 1 month gap within (1 month not paid in full RTI submission).
4. Worked 1 months part time from 1/5/2016 to 31/5/2016
5. Worked 5 months full time from 1/8/2016 to current.
My question is can I combined them as a full time job start from 1/2/2016 till current (during this time if we combined the hours they worked as full time job without gap ) as my business is 7 days working all of them worked as sales assistance and it is one role.
Many thanks for your prompt reply
sorry to bother you.. is it 1. 2. 3. the number of employees worked under you or all of them are just one employee??
yes it is

mohsensari
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Posts: 178
Joined: Fri Dec 30, 2016 11:04 pm

Re: Employment Pre 6th April 2014

Post by mohsensari » Sat Dec 31, 2016 10:50 pm

live4pride wrote:
mohsensari wrote:Hi
I got my visa in November 2013 and applying during next 2 month. I need your suggestions and advice regarding the employment.
My employees worked as below, I am a bit confused how to fill job creation.
1. Worked 3 months part time from 1/2/2016 to 31/7/2016 with 3 months gap within (3 month not paid in full RTI submission).
2. Worked 3 months part time from 1/2/2016 to 31/5/2016 with 1 month gap within (1 month not paid in full RTI submission).
3. worked 1 month part time and 4 months full time from 1/3/2016 to 31/8/2016 with 1 month gap within (1 month not paid in full RTI submission).
4. Worked 1 months part time from 1/5/2016 to 31/5/2016
5. Worked 5 months full time from 1/8/2016 to current.
My question is can I combined them as a full time job start from 1/2/2016 till current (during this time if we combined the hours they worked as full time job without gap ) as my business is 7 days working all of them worked as sales assistance and it is one role.
Many thanks for your prompt reply
sorry to bother you.. is it 1. 2. 3. the number of employees worked under you or all of them are just one employee??
Sorry I didn't see the second part of your question. 1. 2. 3. are different employees.

mohsensari
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URGENT HELP FOR EXTENSION ENTREPRENEUR VISA

Post by mohsensari » Fri Jan 20, 2017 8:52 pm

Dear Zimba88,
I need your help as I need to apply for extension in early Feb 2017
I am Here since 11/2013 under this route I have start with online business but have small turnover. My investment start at 9/2015 with buying 99 years lease hold with 155,000 in my name and then 35,000 renovations cost and then start business in 2/2016 as self-employed.
I would appreciate if you can clear some points for me.

1. The 155,000 has been paid from my personal account to solicitor account . (at that time I haven’t business account and bank accept to open business account after seeing my title of register). (even The business account is under my name T/A Trading name). As I am self-employed, is it any problem that I paid from my personal account to solicitor account?

2. I have injected 100,000 during 9 months to business account from my personal account when the business needed that money. The business account clearly shows my name but My personal account shows the money transferred from my wife, then have been transferred to business account or solicitor account. Is there any wrong with it?

3. Do I need unaudited account or management account for all 3 years or just the business which I invested in? do I need to show other type of account like self-assessment (yearly tax return).
4. Do I need director loan agreement?
5. Is the cost of renovation acceptable as part of investment?

many thanks for your well understanding.

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CR001
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Re: Employment Pre 6th April 2014

Post by CR001 » Fri Jan 20, 2017 9:08 pm

Was the £155,000 paid to the previous owner for the lease, effectively buying a 'property'?

Have you transferred ANY money from an account in YOUR name to the business?

Is your wife's account only in HER name?

How did you prove the £200k for initial application, in YOUR bank account?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Fri Jan 20, 2017 11:04 pm

The money has been transferred to previous owner thru solicitors as usual of buying property in the UK
and I have paid 100,000 to business account direct from my personal account.
I want to show 155,000 +100,000=255,000 as investment. I want know is it right?
Many thanks

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CR001
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Re: Employment Pre 6th April 2014

Post by CR001 » Fri Jan 20, 2017 11:19 pm

So your wife sent the money to your personal account and then you transferred to your business account, correct?

As far as I am aware, buying property is not included as investment as the money went to the previous owner and is considered 'goodwill' not investment.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Sat Jan 21, 2017 12:43 am

answer of first question is yes,
I would like to request Zimba88 to confirm that because I haven't bought the business I just bought the property (shop) for business and I think it is permissible per guidance (see below). I start the new and fresh business in this property. as my knowledge there is no other way to buy property in Uk, you need to transfer money to your solicitor and owner solicitor will transfer to his account.

140. If you have bought property for your business which includes residential accommodation, we will not accept the value of this part of the property as investment in the business. The value of this part of the property should be deducted from the amount of your investment.

my property is just a shop and it is mentioned in the title of register as well, means my all property is used with business.
Dear Zimba88 I need your confirmation Please.

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Zimba
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Re: Employment Pre 6th April 2014

Post by Zimba » Sun Jan 22, 2017 11:53 pm

As understood from the rules, it seems that buying commercial property should be fine but purchasing a business is not. This is what the rules say:
“investment and business activity” does not include investment in any residential accommodation, property development or property management, and must not be in the form of a director’s loan unless it is unsecured and subordinated in favour of the business. “Property development or property management” in this context means any development of property owned by the applicant or his business to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property (whether or not it is owned by the applicant or his business) for the purposes of renting it out or resale. The principle is that the business income must be generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent.
Buying a business in any shape or form is NOT acceptable:
‘Invested’ or ‘spent’ excludes spending on ...
buying the business from a previous owner, where the money ultimately goes to that previous owner (irrespective of whether it is received or held directly or indirectly by that previous owner) rather than into the business being purchased (This applies regardless of whether the money is channelled through the business en route to the previous owner, for example by means of the applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business.),
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Mon Jan 23, 2017 9:32 am

Many thanks Zimba88,
The 155,000 has been paid from my personal account to solicitor account . (at that time I haven’t business account and bank accept to open business account after seeing my title of register). (even The business account is under my name T/A Trading name). As I am self-employed, is it any problem that I paid from my personal account to solicitor account?

Again many thanks for your prompt reply.

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Zimba
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Re: Employment Pre 6th April 2014

Post by Zimba » Mon Jan 23, 2017 2:08 pm

mohsensari wrote:Many thanks Zimba88,
The 155,000 has been paid from my personal account to solicitor account . (at that time I haven’t business account and bank accept to open business account after seeing my title of register). (even The business account is under my name T/A Trading name). As I am self-employed, is it any problem that I paid from my personal account to solicitor account?

Again many thanks for your prompt reply.
It should be fine as self-employed can show evidence of investment from their personal bank account. But this expenditure must appear in your accounts
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Sun Jan 29, 2017 11:58 pm

Many thanks Zimba88,
I have other question, as I am self employ what kind of account can i show as proof of investment. Do I need director loan agreement or un-audited account or just bank statement is enough?
If I transfer from personal account to my business account ( self employed business account) and haven't spent all money the all money which I transfer to account can be accepted or just the money which i spent?

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Zimba
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Re: Employment Pre 6th April 2014

Post by Zimba » Mon Jan 30, 2017 1:35 am

I have other question, as I am self employ what kind of account can i show as proof of investment. Do I need director loan agreement or un-audited account or just bank statement is enough?
Accounts prepared by your accountant as required per guide. DL does not apply to self-employed sole traders
If I transfer from personal account to my business account ( self employed business account) and haven't spent all money the all money which I transfer to account can be accepted or just the money which i spent?
Stick to one, if you want to show business account it's better that the money is in your business account, so transfer the rest there.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Mon Jan 30, 2017 2:05 am

many thanks Zimba,
shall I spent the money or just transfer to business account is enough?

mohsensari
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Re: Employment Pre 6th April 2014

Post by mohsensari » Tue Jan 31, 2017 12:05 am

Dear Zimba88,
I was reading the Tier-1-Entrepreneur-v18 , I noticed this sentence :
How the money must be used
Money deposited in a bank account, even if it is in a UK business bank account, is not counted as investment in business. The money should be used in the business, for example to encourage growth or expansion, or to improve services or products

I need your advise if I transfer money to business account as self-employed how can I show the money used by business if money still in the account.
Many thanks,

samaygrg
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Re: Employment Pre 6th April 2014

Post by samaygrg » Tue Jan 31, 2017 9:07 pm

mohsensari wrote:Dear Zimba88,
I was reading the Tier-1-Entrepreneur-v18 , I noticed this sentence :
How the money must be used
Money deposited in a bank account, even if it is in a UK business bank account, is not counted as investment in business. The money should be used in the business, for example to encourage growth or expansion, or to improve services or products

I need your advise if I transfer money to business account as self-employed how can I show the money used by business if money still in the account.
Many thanks,
Self-employeds as well do the same to run the businesses as companies do.

The accountant will produce your P/L account to show the revenues expenses based profit loss balance statement. Talk to your accountant for better info.

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