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JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Only for UK Tier 1 (Entrepreneur) points system

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raj.m
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JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Mon Jan 15, 2018 4:07 pm

Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified
documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay
As You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each
relevant settled worker as legally required, and have done so for the full period of
employment used to claim points. These must show every payment made to each settled
worker as well as any deductions.
(b) Duplicate payslips or wage slips for each settled worker used to claim points, covering the
full period or periods of the employment for which points are being claimed.
(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.


-----------

So, the policy guidance has been updated and it looks like we no longer need to worry about the FPS reports showing or not showing the start date of the job. However, referring to point C above, they haven't specifically mentioned how they want us to confirm the start date. I think documents such as P11 and P32 will do the job.

Your views?

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by marcnath » Mon Jan 15, 2018 4:11 pm

Point (c) was to be confirmed in the Job Table. I was expecting an additional column there for hours worked per pay period, but that does not seem to have been included.
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 Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Mon Jan 15, 2018 5:04 pm

marcnath wrote:
Mon Jan 15, 2018 4:11 pm
Point (c) was to be confirmed in the Job Table. I was expecting an additional column there for hours worked per pay period, but that does not seem to have been included.
So, does that mean there is no requirement to provide any kind of proof for the start dates?

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by marcnath » Mon Jan 15, 2018 5:07 pm

raj.m wrote:
Mon Jan 15, 2018 5:04 pm
marcnath wrote:
Mon Jan 15, 2018 4:11 pm
Point (c) was to be confirmed in the Job Table. I was expecting an additional column there for hours worked per pay period, but that does not seem to have been included.
So, does that mean there is no requirement to provide any kind of proof for the start dates?
Correct. If they need additional proof, they will request the same.
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.

raj.m
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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Mon Jan 15, 2018 5:11 pm

marcnath wrote:
Mon Jan 15, 2018 5:07 pm
raj.m wrote:
Mon Jan 15, 2018 5:04 pm
marcnath wrote:
Mon Jan 15, 2018 4:11 pm
Point (c) was to be confirmed in the Job Table. I was expecting an additional column there for hours worked per pay period, but that does not seem to have been included.
So, does that mean there is no requirement to provide any kind of proof for the start dates?
Correct. If they need additional proof, they will request the same.
That's weird as all this while, they were really adamant on having the start dates on the FPS reports, and now they don't want any proof of it.

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by marcnath » Mon Jan 15, 2018 5:15 pm

raj.m wrote:
Mon Jan 15, 2018 5:11 pm


That's weird as all this while, they were really adamant on having the start dates on the FPS reports, and now they don't want any proof of it.
Not really, given the variations in RTI software and the irrelevance of the start date to the actual job creation, I think it was a rather valid correction.
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 Requirements (Updated Policy Guidance - 01/18)

Post by kaps84 » Tue Jan 16, 2018 10:35 am

raj.m wrote:
Mon Jan 15, 2018 4:07 pm

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate
for each settled worker relied upon to claim points, including any changes in the hours
worked per pay period or the hourly rate and the dates of those changes.
[/i]
Does this also mean that we will have to substantiate the proof of "hours worked per pay period" and "hourly rate" ? This was not a requirement until now !!
-- Kaps84

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by kaps84 » Tue Jan 16, 2018 10:42 am

Do we have to send the job offer letters / terms and conditions of employment with the application to prove the number of hours and hourly rate? since there is no other document that tells hours worked or hourly rate or both.
-- Kaps84

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Tue Jan 16, 2018 1:20 pm

kaps84 wrote:
Tue Jan 16, 2018 10:42 am
Do we have to send the job offer letters / terms and conditions of employment with the application to prove the number of hours and hourly rate? since there is no other document that tells hours worked or hourly rate or both.
I don't think so. Payslips would have the number of hours worked as well as the hourly rate, and we'd probably have to confirm that in the application form too. I don't think I'll be sending the job offer letters and employment contracts.

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by kaps84 » Tue Jan 16, 2018 2:31 pm

So it means, I will have to get the payslips showing number of hours or hourly rate now. phew !
-- Kaps84

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by seasky » Tue Jan 16, 2018 2:45 pm

I delayed the submission of my ILR by a few months because of the FPS debacle.... This is good news

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by marcnath » Tue Jan 16, 2018 2:54 pm

raj.m wrote:
Tue Jan 16, 2018 1:20 pm
kaps84 wrote:
Tue Jan 16, 2018 10:42 am
Do we have to send the job offer letters / terms and conditions of employment with the application to prove the number of hours and hourly rate? since there is no other document that tells hours worked or hourly rate or both.
I don't think so. Payslips would have the number of hours worked as well as the hourly rate, and we'd probably have to confirm that in the application form too. I don't think I'll be sending the job offer letters and employment contracts.
I repeat - there IS NO NEED for the payslips to have the hours worked or hourly wage. You just need to state them in the Job Table of the application form.
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 Requirements (Updated Policy Guidance - 01/18)

Post by kaps84 » Tue Jan 16, 2018 3:35 pm

[/quote]
I repeat - there IS NO NEED for the payslips to have the hours worked or hourly wage. You just need to state them in the Job Table of the application form.
[/quote]

Hi Marcnath, I appreciate your patience and knowledge. With all due respect I would like to discuss this point further:

The updated guidance quite exclusive states as below. (Note that this was never stated so clearly before, when I compare it with the last guidance)

"
Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn
(PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker
as legally required, and have done so for the full period of employment used to claim points. These
must show every payment made to each settled worker as well as any deductions.
(b) Duplicate payslips or wage slips for each settled worker used to claim points, covering the full period or periods of the employment for which points are being claimed.
(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.
"

When i read and re-read the lines:

must provide all the following specified documents:

in conjunction with:

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

It feels like they are looking for some document that confirms as stated in the point.

Previous guidance never talked about "hours paid per pay period".

Now, I don't know if (again), I am overthinking and swamped by the guidance wordings !!
-- Kaps84

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by marcnath » Tue Jan 16, 2018 4:14 pm

kaps84 wrote:
Tue Jan 16, 2018 3:35 pm

Hi Marcnath, I appreciate your patience and knowledge. With all due respect I would like to discuss this point further:

The updated guidance quite exclusive states as below. (Note that this was never stated so clearly before, when I compare it with the last guidance)

"
Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn
(PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker
as legally required, and have done so for the full period of employment used to claim points. These
must show every payment made to each settled worker as well as any deductions.
(b) Duplicate payslips or wage slips for each settled worker used to claim points, covering the full period or periods of the employment for which points are being claimed.
(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.
"

When i read and re-read the lines:

must provide all the following specified documents:

in conjunction with:

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

It feels like they are looking for some document that confirms as stated in the point.

Previous guidance never talked about "hours paid per pay period".

Now, I don't know if (again), I am overthinking and swamped by the guidance wordings !!
Yes, I agree that you have to provide something to confirm point (c). But that document has not been specified. The Job Table in the application form should confirm all of that except for the "hours paid per pay period", which I believe was supposed to be included in the Job Table also.

Until a specific document is defined, if you create a table yourself and enter the hours paid per pay period for each employee, that will meet the requirement.

The explanatory notes just said:

Applicants will be asked to confirm the paid hours of the employees in jobs they created as well as the hourly rate, to reduce the possibility of calculation errors.

So it is a back up information rather than a primary one.
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 Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Tue Jan 16, 2018 9:01 pm

seasky wrote:
Tue Jan 16, 2018 2:45 pm
I delayed the submission of my ILR by a few months because of the FPS debacle.... This is good news
Which software does your accountant use?

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by kaps84 » Wed Jan 17, 2018 8:44 am

marcnath wrote:
Tue Jan 16, 2018 4:14 pm

Yes, I agree that you have to provide something to confirm point (c). But that document has not been specified. The Job Table in the application form should confirm all of that except for the "hours paid per pay period", which I believe was supposed to be included in the Job Table also.

Until a specific document is defined, if you create a table yourself and enter the hours paid per pay period for each employee, that will meet the requirement.

The explanatory notes just said:

Applicants will be asked to confirm the paid hours of the employees in jobs they created as well as the hourly rate, to reduce the possibility of calculation errors.

So it is a back up information rather than a primary one.
Hi @marcnath,

Thanks again! as always your knowledge is valuable to me and to this forum.

I wasn't aware of the explanatory notes, until you quoted and eventually I searched more for that.

So, I can either create a letter myself or ask my accountant to create a letter specifying the paid hours per pay period and hourly rate (for each employee).

Thanks again for all your help. (you guys are just awesome !!)

Regards,
Kaps84
-- Kaps84

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by Andys » Wed Jan 17, 2018 12:56 pm

raj.m wrote:
Tue Jan 16, 2018 9:01 pm
seasky wrote:
Tue Jan 16, 2018 2:45 pm
I delayed the submission of my ILR by a few months because of the FPS debacle.... This is good news
Which software does your accountant use?
I had a similar challenge. Sage 50 FPS reports are slightly different from the other FPS reports that I have seen on the forum. I sent them the printouts of the RTI FPS xml files from Sage 50 with my application in April first and then last month I was asked to resend the FPS reports.
Second time I sent the print outs of the decrypted RTI FPS from Sage help centre. Even those reports were different from what I see in the forum. Haven't heard anything back from them so far.

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by raj.m » Wed Jan 17, 2018 7:12 pm

Andys wrote:
Wed Jan 17, 2018 12:56 pm
raj.m wrote:
Tue Jan 16, 2018 9:01 pm
seasky wrote:
Tue Jan 16, 2018 2:45 pm
I delayed the submission of my ILR by a few months because of the FPS debacle.... This is good news
Which software does your accountant use?
I had a similar challenge. Sage 50 FPS reports are slightly different from the other FPS reports that I have seen on the forum. I sent them the printouts of the RTI FPS xml files from Sage 50 with my application in April first and then last month I was asked to resend the FPS reports.
Second time I sent the print outs of the decrypted RTI FPS from Sage help centre. Even those reports were different from what I see in the forum. Haven't heard anything back from them so far.
Hi, do you mind uploading one of your FPS decrypted report (obviously delete all the personal details from it) so that I can have a look? Thanks

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by ishfaqsangra » Fri Jan 19, 2018 11:20 pm

My employees payslip shows the number of hours and rate as well which I guess will be sufficient for the above compliance

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Re: JOB CREATION Requirements (Updated Policy Guidance - 01/18)

Post by Atif786 » Sun Jan 21, 2018 3:22 pm

ishfaqsangra wrote:
Fri Jan 19, 2018 11:20 pm
My employees payslip shows the number of hours and rate as well which I guess will be sufficient for the above compliance
Hi,
I think Zimba has quite extensively explained in his previous posts that only periods are to be included in the job creation table , if the hourly pay rates change for any employee so you need to change the column and fill the details for that period , as far as paid hours per pay period is concern should be covered by salary slips or must be explained clearly in covering letter by creating your own job creation table .
Atif

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