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Nature of Business under Tier-1 Enterprenure visa

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

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marcnath
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Mon Jan 25, 2021 1:12 pm

Taleem99 wrote:
Fri Jan 22, 2021 4:31 pm
Hi Marcnath
I am stuck with below to understand and looking for expert advice/opinion.

Currently, I run one business under company. Business trade name is different which we bought from ex-owner without his company name as we bought only trade name. All activity sale /purchase is done under main company only. Like ABC is our main company and trading name is XYZ House. XYZ is not a company and we don’t maintain its separate account. The accounts of this XYZ are within ABC Company.

Another new business activities also started. A commercial property has been purchased under the same main company (ABC) and spending on renovation with one employee under the same company.

I had asked the accountant to register the trade name of this new business (food business) which will run under the main company (ABC) since all the expenses of 2nd business already paid from the main business account. (ABC)

He suggested opening a new company/business name like to treat subsidiary of the main company (ABC) and whatever paid from the main company will be treated loan to the new company.

Since all expenses already paid from the main company (ABC) and I had suggested him to open a new company in order to protect the trade name but will file the zero account of this company whereas the business activities (expenses and income ) will be under main company (ABC) as his suggestion for new company ( for new business) against an loan from main company will be mixed and looks complex whereas the home office has to check the two companies account then.

OR If two business can be run under main company (ABC) without creating new company that will be given batter review to home office case worker to check the total investment, employment creation easily… but in this case how we can protect the new trade name of new business?

To understand this setup really paining me how can I simplify this. Other moderators are also kindly requested to guide me with their opinion, please.

Thanks
From the immigration rules point of view, it does not matter how you do this. Your accountant and/or other business advisors are better at advising how to structure your business.
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.

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Tue Feb 02, 2021 2:23 pm

Thanks Marcnath for your comments.

The time when we landed in UK had tried to establish a trading business and did the VAT registration as well. Later we shift our business trading to services based business where we have very few Purchase and VAT claim history. As per accountant if your sale/income is less then 85K plus yearly then you can revoke the VAT voluntary. Moreover, current pandemic all business are hit with their sale and related activities.

I think by revoking VAT registration will not have any link with Tier-1 Immigration visa extension?
Can I have your expert comment please?

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Tue Feb 02, 2021 8:18 pm

Taleem99 wrote:
Tue Feb 02, 2021 2:23 pm
Thanks Marcnath for your comments.

The time when we landed in UK had tried to establish a trading business and did the VAT registration as well. Later we shift our business trading to services based business where we have very few Purchase and VAT claim history. As per accountant if your sale/income is less then 85K plus yearly then you can revoke the VAT voluntary. Moreover, current pandemic all business are hit with their sale and related activities.

I think by revoking VAT registration will not have any link with Tier-1 Immigration visa extension?
Can I have your expert comment please?

Thanks
VAT registration is not a requirement under the immigration rules.
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.

Taleem99
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Posts: 75
Joined: Thu Mar 05, 2020 5:58 am
United Arab Emirates

Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Tue May 04, 2021 8:19 pm

Dear marcnath

Is there any relaxation due to covid pandemic for tier-1Enterprenure applicant’s dependent on ILR condition must to cover with the absence rolling over policy?

My spouse was stuck in UAE due to covid travel restrictions and later was hospitalized to cure tumor surgically which diagnosed during his stay forcing him overstay.

Our worry is that children will also be effected due to one parent overstay (spouse of main applicant)

Can this be avoided at the time of ILR request for all family if accepted by home office due to current pandemic situation for dependants or they have to apply for extension under the same route i.e tier 1 entrepreneur dependent. (Usually how many years extension are given in case of extension request)

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Wed May 05, 2021 12:29 pm

Taleem99 wrote:
Tue May 04, 2021 8:19 pm
Dear marcnath

Is there any relaxation due to covid pandemic for tier-1Enterprenure applicant’s dependent on ILR condition must to cover with the absence rolling over policy?

My spouse was stuck in UAE due to covid travel restrictions and later was hospitalized to cure tumor surgically which diagnosed during his stay forcing him overstay.

Our worry is that children will also be effected due to one parent overstay (spouse of main applicant)

Can this be avoided at the time of ILR request for all family if accepted by home office due to current pandemic situation for dependants or they have to apply for extension under the same route i.e tier 1 entrepreneur dependent. (Usually how many years extension are given in case of extension request)

Thanks
There is no relaxation that I am aware of and I don't expect there will be one.

You can always ask for a waiver by providing all the relevant documents but that will be at HO's discretion. But if it is not granted, the Dependent visa can be extended as normal, 2 years at a time.
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.

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Wed May 05, 2021 6:29 pm

Thanks marcnath

During the extension period, my daughter will exceed 18 years of age. She is fully dependent on main applicant (parent), staying in same home, supported with personal fund to her account from the spouse.

-Is there will be any effect/issue on her extension requests once she above 18 on Tier 1E dependent route.
-Also by that time she will take admission in university. If she will be eligible for Home student university fee similar to Nationals as she will be on continuous with her on UK residency status.

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Thu May 06, 2021 12:53 pm

Taleem99 wrote:
Wed May 05, 2021 6:29 pm
Thanks marcnath

During the extension period, my daughter will exceed 18 years of age. She is fully dependent on main applicant (parent), staying in same home, supported with personal fund to her account from the spouse.

-Is there will be any effect/issue on her extension requests once she above 18 on Tier 1E dependent route.
-Also by that time she will take admission in university. If she will be eligible for Home student university fee similar to Nationals as she will be on continuous with her on UK residency status.

Thanks
You daughter will still be eligible for dependent visa.
The criteria for home student status is that she has to have been a resident for three years on the date of university start
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.

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sun May 09, 2021 7:11 pm

Thanks marcnath

One doubt. Three years resident means full 3 years to be in the UK and do not spend any days outside the UK?
The Tier1E extension will cover the resident meaning. (3+2 years period), here resident meaning not the citizenship..

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Mon May 10, 2021 8:10 pm

Taleem99 wrote:
Sun May 09, 2021 7:11 pm
Thanks marcnath

One doubt. Three years resident means full 3 years to be in the UK and do not spend any days outside the UK?
The Tier1E extension will cover the resident meaning. (3+2 years period), here resident meaning not the citizenship..

Thanks

While there is no clear definition, the normal interpretation of being resident would include any short holiday, etc outside the UK.
Yes, the visa/extension should qualify.
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.

Taleem99
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United Arab Emirates

Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Tue May 11, 2021 10:46 pm

Thanks marcnath

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Fri May 21, 2021 2:59 pm

Hi Marcnathy,

It is required to pass cefr-B1 English test at the time of tier-1E extension submission? In my understanding this required at the time of ILR only.

I have seen some solicitors in their webpage mentioned to pass this test with score band of 4 and it will be given 10 points out of total 95 total points required to be eligible for this extension? Is this true?

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by zimba » Fri May 21, 2021 4:24 pm

You should qualify automatically as that was provided during initial
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by zCIO » Fri May 21, 2021 4:50 pm

Can you let us know of outcome on the extension?
Good luck!

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sat May 22, 2021 7:20 pm

Thanks Zimba but the initial one was IELTS-General Training (all module listening, reading, writing ,speaking) for Tier1 Entrepreneur initial visa and this certificate has validity of two years.

The extension going to be on and after 3rd year and the earlier one has already expired after two year. Now they asked ( solicitor) CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking) thats why got confused and thought it required another test for Tier1 Extension as well.

Appreciated if you please can advise a little bit in detail please as my solicitor asking to appear for this test as requirement of extension visa which really confusing me

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by zimba » Mon May 24, 2021 10:09 am

You must award an applicant 10 points if they met the English language requirement in a previous grant of leave as a:
• Tier 1 (General) migrant
• Tier 1 (Entrepreneur) migrant or businessperson
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Thu May 27, 2021 3:16 pm

Thanks Zimba for sharing the documents which is very useful and cleared the doubt.

I have another doubt on the investment related question and looking for your and Marcnathy kind comments for understanding.

A 201,000/- was transferred from Personal to Company business account as a investment ( invested in business account). Whereas, the amount spends was 166,000/- in terms of purchase, salaries to employees, accounting and legal/professional, business renovation cost expenses etc...

Around 65,000/- amount shows as closing balance as per bank statement.

My question is if the balance amount which is not spending is a strict requirement to spend under Tier1E visa. In other words it is a requirement to spend full 200,000/- (the confusion is spend and invest)

Below is an example illustration of reference:
• Invested to business bank account: 201,000/-
• Spent against expenses : 166,000/- (inclusive of around 15000/- spend by director for own car and overseas travel which will be top up for another 15000/- transfer from personal to business account) (actual business spend= 166,000-15000=151,000) ( Director did not taken any salary)
• Received against income/return sale included with 7500/- business grant and 4000/- furlough employees
is 45000/- ( business was effected due to lockdown)
(• New balance in bank statement will be (65000+15000=80000)
(200,000-151,000= 49000 unspent amount from the investment if this also required to spend?

Sorry for taking such long detail. Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Thu May 27, 2021 4:09 pm

Taleem99 wrote:
Thu May 27, 2021 3:16 pm
Thanks Zimba for sharing the documents which is very useful and cleared the doubt.

I have another doubt on the investment related question and looking for your and Marcnathy kind comments for understanding.

A 201,000/- was transferred from Personal to Company business account as a investment ( invested in business account). Whereas, the amount spends was 166,000/- in terms of purchase, salaries to employees, accounting and legal/professional, business renovation cost expenses etc...

Around 65,000/- amount shows as closing balance as per bank statement.

My question is if the balance amount which is not spending is a strict requirement to spend under Tier1E visa. In other words it is a requirement to spend full 200,000/- (the confusion is spend and invest)

Below is an example illustration of reference:
• Invested to business bank account: 201,000/-
• Spent against expenses : 166,000/- (inclusive of around 15000/- spend by director for own car and overseas travel which will be top up for another 15000/- transfer from personal to business account) (actual business spend= 166,000-15000=151,000) ( Director did not taken any salary)
• Received against income/return sale included with 7500/- business grant and 4000/- furlough employees
is 45000/- ( business was effected due to lockdown)
(• New balance in bank statement will be (65000+15000=80000)
(200,000-151,000= 49000 unspent amount from the investment if this also required to spend?

Sorry for taking such long detail. Thanks
There is no requirement to spend the money
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.

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sat May 29, 2021 2:17 pm

Thanks Marcnath

Actually, I taken the services of one solicitor to support in filing extension and related documentation but seems he has NO update and much familiar despite of his confirmation that he handled the Tier1E extension cases earlier.

Earlier, he confused me with the English test and now asked to invest full amount which makes me worried.

Can you support me to get the policy document where it mentions the same clause/article about investment? I tried to search but it gives me different version without this information.

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by zimba » Sat May 29, 2021 4:39 pm

Why do you hire someone you do not trust ? This always amazes me given that many show up here with similar queries and claim that their expensive solicitor is confusing them. What is the point of paying someone for their immigration services when you have no trust in them ?? If you do not trust them, why would you trust anyone to give you any proper advice at all? I suggest asking your solicitor to justify their advice based on the guide/rules rather than being confused :?

Requirements are explicit, if there is no such requirement then it does not show up in the rules. The rules do not tell you what is NOT required
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sat May 29, 2021 5:17 pm

Thanks Zimba

You are absolutely right. Believe me I trust this forum more than to any other solicitor firm. This Firm has everything and all moderator doing an excellent job for free of cost which is a great human work, serving people without any greed is very rear. Very few organizations exist in the rest of world. I would suggest you and other moderator must start another forum (like with paid services and recommend us good firm who really needs and ready for paid services) along with existing services.

There are millions of Solicitors and my research says unfortunately every solicitor have their own approach. Most of them are handling civil, criminal, asylum …etc cases. Immigration related expertise are very less and somehow difficult to find the right one as everyone commit they knows everything but after signing up the real picture to come.

I was also told for my solicitor that is good and having expertise in immigration matters and has provided me some reference so I was satisfied but the real picture is different.

I already signup and 50% already paid and now looking for other one is a challenge therefore I always does my own research to understand the rules that’s why was looking for related documents.

Thanks and if possible kindly share any link.

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by zimba » Sat May 29, 2021 5:29 pm

I suggest again to ask your solicitor to justify their advice based on the guide/rules. If they say something is required ask them for the basis of that in the rules. You have already been given advice above on your queries
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Taleem99
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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sun May 30, 2021 7:15 am

Thank you Zimba.

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Mon Jun 21, 2021 4:15 pm

Dear Marcnath,

I have a question like those people who runs two businesses/trade under one company with single bank account. Like sale and purchase, wages and all other expenses are recorded in one single bank account for two trades. Both trades’ names are registered with intellectual property.

If this have any issue with the Tier1E extension application like Home Office could object that in case of two businesses then you should have two different bank account instead of one.

Like in my case all the expenses for 2nd business are incurred from the same single account and now opening a new account where one month is left for extension will leads to questions. I thought to open a new company for new business to make a separate entity but planned later once business is stable.

My worry is if this is not fine to run two different trades under one single bank account under the single company and home office will object on this? If this is not fine then how can we correct this please.

Appreciated for your kind comments .
Thanks

Taleem99
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Joined: Thu Mar 05, 2020 5:58 am
United Arab Emirates

Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Thu Jun 24, 2021 8:45 pm

Hi Moderators,

I am waiting for an advise on my below question and believe Mr. Marcnath is on vacation/holiday?

I understand my question is more related to the structure management of business and not related or linked to immigration requirement. But just asked as a clarification if Home office care worker did not understand the setup and may be get confused how to check the income and expenses of two businesses in one single account.
But it is easy for me to differentiate. I planned once business is stable then will separated this and run all the transaction with new account.

thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Sun Jun 27, 2021 7:08 am

Taleem99 wrote:
Mon Jun 21, 2021 4:15 pm
Dear Marcnath,

I have a question like those people who runs two businesses/trade under one company with single bank account. Like sale and purchase, wages and all other expenses are recorded in one single bank account for two trades. Both trades’ names are registered with intellectual property.

If this have any issue with the Tier1E extension application like Home Office could object that in case of two businesses then you should have two different bank account instead of one.

Like in my case all the expenses for 2nd business are incurred from the same single account and now opening a new account where one month is left for extension will leads to questions. I thought to open a new company for new business to make a separate entity but planned later once business is stable.

My worry is if this is not fine to run two different trades under one single bank account under the single company and home office will object on this? If this is not fine then how can we correct this please.

Appreciated for your kind comments .
Thanks
It doesn't matter but of course you can only use the business in whose name the account is for any evidence requirement
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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