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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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Taleem99
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United Arab Emirates

Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Thu Mar 05, 2020 6:31 am

Dear sir/ ma’am,
I am on Tier-1 entrepreneur visa and in UK since July-2018. My initial business was in loss i.e wholesale of soft drinks/food stuff and employee was in and out due to poor business growth and did most of sale my own.

Now I am planning to buy a running business of tuition center for English, math and science subject for age 5 to 16 years students. The terms of taking over are under negotiation. I am aware of that the goodwill of running business is not considered under investment. However any investment / expenses after buying will be considered in investment. There will be 5 part-time teachers.

I have below questions:
1- If buying a running tuition center is covered as business and investment under Tier-1 Entrepreneur visa
2- How many hours should work of each part timer to achieve the policy of two permanent employment as earlier business, the employment was not in order and will not declare earlier employment during the extension request.

Appreciated for your kind support in replying the above question as really I am struggling to run a suitable business please

Regards

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

Post by marcnath » Thu Mar 05, 2020 8:08 am

Taleem99 wrote:
Thu Mar 05, 2020 6:31 am
Dear sir/ ma’am,
I am on Tier-1 entrepreneur visa and in UK since July-2018. My initial business was in loss i.e wholesale of soft drinks/food stuff and employee was in and out due to poor business growth and did most of sale my own.

Now I am planning to buy a running business of tuition center for English, math and science subject for age 5 to 16 years students. The terms of taking over are under negotiation. I am aware of that the goodwill of running business is not considered under investment. However any investment / expenses after buying will be considered in investment. There will be 5 part-time teachers.

I have below questions:
1- If buying a running tuition center is covered as business and investment under Tier-1 Entrepreneur visa
2- How many hours should work of each part timer to achieve the policy of two permanent employment as earlier business, the employment was not in order and will not declare earlier employment during the extension request.

Appreciated for your kind support in replying the above question as really I am struggling to run a suitable business please

Regards
1. there are no business restrictions under the immigration rules for Tier 1 Entrepreneur. The only restriction is that investment into a property development/management business will not be counted towards your investment evidence. Even that does not restrict a T1E holder from doing a property business.
2. There is no minimum for each part timer. The combination has to be 30 hrs/week or more
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 » Thu Mar 05, 2020 11:31 am

Thanks for reply. It really comfort me and now will take over the tuition center, but still have confusion on employment.

1. It means that minimum 2 Jobs and NOT 2 employees in Tier -1 route. Like among 5 teachers, two are Assistant teachers and three Senior Teachers are qualifying for two jobs.

2. Each job must have minimum 130 hours monthly.


3. Hours must be calculated against Jobs and not employees

4. Each jobs must be 130 hours or more on monthly bases regardless if It is covered by 2 or three part time employees or 1 full time employee on monthly bases.

5. And for two jobs hours must not be less than 260 hours (130*2) in each month regardless of number of employees if covered by two or more part time employee or 2 full time employee on monthly bases

6. Ensuring the 12 months jobs creation rules for minimum two jobs, the hours should not be less than 3120 hours for 2 jobs (130*12=1560, 130*12=1560) with minimum of two full time employees with different jobs title or with multiple numbers of part- time employees but with two different job title.

7. In case of I buy the same tuition center premise for the same business and if the amount will be consider in my Tier- 1investment as the premises has been bought for own business and NOT for development and management purpose.


8. The property is two story building where ground floor is used for tuition center and first floor with vacant room which considered as office and not residential. So will this all will be considered in investment or only the ground floor will be considered.

Really, thankful your kind support in clarifying the above questions in number, pls

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

Post by marcnath » Thu Mar 05, 2020 12:57 pm

Taleem99 wrote:
Thu Mar 05, 2020 11:31 am
Thanks for reply. It really comfort me and now will take over the tuition center, but still have confusion on employment.

1. It means that minimum 2 Jobs and NOT 2 employees in Tier -1 route. Like among 5 teachers, two are Assistant teachers and three Senior Teachers are qualifying for two jobs.

2. Each job must have minimum 130 hours monthly.

3. Hours must be calculated against Jobs and not employees

4. Each jobs must be 130 hours or more on monthly bases regardless if It is covered by 2 or three part time employees or 1 full time employee on monthly bases.

5. And for two jobs hours must not be less than 260 hours (130*2) in each month regardless of number of employees if covered by two or more part time employee or 2 full time employee on monthly bases

6. Ensuring the 12 months jobs creation rules for minimum two jobs, the hours should not be less than 3120 hours for 2 jobs (130*12=1560, 130*12=1560) with minimum of two full time employees with different jobs title or with multiple numbers of part- time employees but with two different job title.

7. In case of I buy the same tuition center premise for the same business and if the amount will be consider in my Tier- 1investment as the premises has been bought for own business and NOT for development and management purpose.


8. The property is two story building where ground floor is used for tuition center and first floor with vacant room which considered as office and not residential. So will this all will be considered in investment or only the ground floor will be considered.

Really, thankful your kind support in clarifying the above questions in number, pls
1. Yes, it is 2 jobs and not 2 employees
2. Each job must have 30 hrs/week. Nowhere in the immigration rules is 130 hrs/month mentioned but it is often used as another measure for 30 hrs/week, especially when employees are paid monthly.
3. Yes
4. Same as pt 2 above
5. Total hours is immaterial. If one job is 100 hrs in a month and the other 200 hrs, it will still be only 1 FT job.
6. Sames as point 5. Ignore totals - they don't matter.
7. Yes
8. Entire investment will be considered
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
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United Arab Emirates

Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Fri Mar 06, 2020 2:42 pm

thanks so much. It really helped and cleared my doubts.

One more question. Sorry getting this topic long but it really helping to understand.

1- How home house come to know if the two employee are with same job title or different job title. I means to say we are paying salary at same rate and PAYE /NI getting charged based on these payment and no job details/ description are given anywhere.

2- Do we need to update their Jobs Description and to provide the same at the time of extension request OR only to mentioned their job name in FORM of extension at extension time.

Thanks

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

Post by marcnath » Fri Mar 06, 2020 3:46 pm

Taleem99 wrote:
Fri Mar 06, 2020 2:42 pm
thanks so much. It really helped and cleared my doubts.

One more question. Sorry getting this topic long but it really helping to understand.

1- How home house come to know if the two employee are with same job title or different job title. I means to say we are paying salary at same rate and PAYE /NI getting charged based on these payment and no job details/ description are given anywhere.

2- Do we need to update their Jobs Description and to provide the same at the time of extension request OR only to mentioned their job name in FORM of extension at extension time.

Thanks
You need to provide job details in your extension 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.

Taleem99
Junior Member
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 » Sun Mar 08, 2020 4:33 pm

Thanks marcnath,

You are Fabulous. Hope my things will in order as starting a business really a challenge. So far i am spending only without gain. Hope will be stable.

In case of any confusion , will get back to you. Thanks again for great work.

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 » Thu May 07, 2020 9:15 pm

Dear marcnath,

I was trying to set up tuition center with own property but due to current situation, the condition are not supporting. Two business are active now a days i.e hot food takeaway and groceries. Actually I had good experience in the past of running a fast food business.

I am planning to buy a running takeaway with approx. amount of 55000/- pound . Which is inclusive of good will and equipment and stock.

I came to know that any money which goes to the previous business owner or goodwill or toward existing stock and fixtures does not count as investment in Tier-1 enterprenue business investment.

I am really confused and worried then how we can treat above cost in an investment as this is a major amount. I had asked many accountants but no one have this information.

As per seller, he asked 5000 as good will and rest 50000 will make a separate invoice for equipment, furniture and fixture and stock and same will be mentioned in the sale agreement, but the amount will go to his account. Can this 50000 will be considered in investment if we buy the equipment from the business owner.

I really appreciate for your kind advice how to handle this situation in this difficult time.
Thanks

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

Post by marcnath » Fri May 08, 2020 1:11 pm

Taleem99 wrote:
Thu May 07, 2020 9:15 pm
Dear marcnath,

I was trying to set up tuition center with own property but due to current situation, the condition are not supporting. Two business are active now a days i.e hot food takeaway and groceries. Actually I had good experience in the past of running a fast food business.

I am planning to buy a running takeaway with approx. amount of 55000/- pound . Which is inclusive of good will and equipment and stock.

I came to know that any money which goes to the previous business owner or goodwill or toward existing stock and fixtures does not count as investment in Tier-1 enterprenue business investment.

I am really confused and worried then how we can treat above cost in an investment as this is a major amount. I had asked many accountants but no one have this information.

As per seller, he asked 5000 as good will and rest 50000 will make a separate invoice for equipment, furniture and fixture and stock and same will be mentioned in the sale agreement, but the amount will go to his account. Can this 50000 will be considered in investment if we buy the equipment from the business owner.

I really appreciate for your kind advice how to handle this situation in this difficult time.
Thanks
A strict reading of them immigration rules would define that as not counting towards investment.

But why are you buying that business if you already have a takeaway business? Isn't it just sufficient to buy their equipment, etc. ?
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
Junior Member
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 » Fri May 08, 2020 5:05 pm

The business mentioned above was in UAE. In UK never have this now trying to setup hot food takeaway but got stuck due to condition of investment.

I thought to become a 50% shareholder of running takeaway which I had planned to buy. Later If the partner resigned and I will be 100% owner of his company and business. The amount which I had transferred from my original company to this new company will be used to pay the partner against his share and later this company will dissolved and shift the activity under my original company.

I am not sure if the amount which has been transferred to the old partner which used to buy his share will be considered in investment?

Can I have your kind advise on this complex situation if this will fulfill the T1E visa investment requirement as I had discuss with many solicitors and accountant and nobody had experienced and everyone gives different answered which never matched with their statements.

Thanks

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

Post by marcnath » Fri May 08, 2020 8:43 pm

Taleem99 wrote:
Fri May 08, 2020 5:05 pm
The business mentioned above was in UAE. In UK never have this now trying to setup hot food takeaway but got stuck due to condition of investment.

I thought to become a 50% shareholder of running takeaway which I had planned to buy. Later If the partner resigned and I will be 100% owner of his company and business. The amount which I had transferred from my original company to this new company will be used to pay the partner against his share and later this company will dissolved and shift the activity under my original company.

I am not sure if the amount which has been transferred to the old partner which used to buy his share will be considered in investment?

Can I have your kind advise on this complex situation if this will fulfill the T1E visa investment requirement as I had discuss with many solicitors and accountant and nobody had experienced and everyone gives different answered which never matched with their statements.

Thanks
It may be possible to do some such mechanics to get around this. If you buy the 50% of shares, then it will obviously be the same situation. But if the company buys that 50%, on paper it may work, especially if there is enough revenue in the business to cover that payment.

However, it still goes against the reason why that rule was there in the first place. So, HO will most probably not accept it.

It would be risky.
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
Junior Member
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 » Thu May 14, 2020 10:25 pm

Thanks marcnath for your honest and kind advise.

Here I have one confusion, like which company to buy the share (to avoid individual to buy) like my original company which I had open on my arrival or the new company which I planned to buy with 50% share? Can I pay from the business account of my original company to prove that 50% of share has been bought by my original company.?

At the time of buying and being a 2nd director of new company, should I transfer some amount either from my personal account or from my original company business account to the new company account and at same time will ask accountant to increase the number of share as currently the company has not enough share. So when the original/first director resigned, will be paid his share from the original company bank account to prove that the share of first director was paid from the company and share belongs to company only?

Here I am not sure that which company to buy the 50% share , new company or original company?
After few weeks, all amount will be transferred from new company account to my original company bank account considering the merger of activity under one company but will operate the business under same trade name.( new company business name). if my understanding is correct ?

• I feel the above scenario looks very weird to bring the paid account into investment category to avoid goodwill and paying directly to the previous business owner but your kind advise always helped and support me to get some work around.
• Another question, my BRP will expire on 12 Oct 22 (will be completing 3 year and 3 months). So we can submit our extension request any day before of BRP expiry like first of October or during first week of October 22 , OR it has to be exactly after 3rd years.
Thanks for your advise.

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Fri May 15, 2020 8:39 pm

Taleem99 wrote:
Thu May 14, 2020 10:25 pm
Thanks marcnath for your honest and kind advise.

Here I have one confusion, like which company to buy the share (to avoid individual to buy) like my original company which I had open on my arrival or the new company which I planned to buy with 50% share? Can I pay from the business account of my original company to prove that 50% of share has been bought by my original company.?

At the time of buying and being a 2nd director of new company, should I transfer some amount either from my personal account or from my original company business account to the new company account and at same time will ask accountant to increase the number of share as currently the company has not enough share. So when the original/first director resigned, will be paid his share from the original company bank account to prove that the share of first director was paid from the company and share belongs to company only?

Here I am not sure that which company to buy the 50% share , new company or original company?
After few weeks, all amount will be transferred from new company account to my original company bank account considering the merger of activity under one company but will operate the business under same trade name.( new company business name). if my understanding is correct ?

• I feel the above scenario looks very weird to bring the paid account into investment category to avoid goodwill and paying directly to the previous business owner but your kind advise always helped and support me to get some work around.
• Another question, my BRP will expire on 12 Oct 22 (will be completing 3 year and 3 months). So we can submit our extension request any day before of BRP expiry like first of October or during first week of October 22 , OR it has to be exactly after 3rd years.
Thanks for your advise.
This is too confusing for me to give any sensible answer - you need to consult a suitable lawyer on how to structure these.

As I mentioned earlier, irrespective of how you do it, if the money goes to the previous owner of the business, you will always be running a risk. It will not avoid it.
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
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United Arab Emirates

Re: Nature of Business under Tier-1 Enterprenure visa

Post by Taleem99 » Sun Aug 16, 2020 6:20 pm

Dear marcnath

I have below one question. Appreciated for kind advice please.

Currently, there are two Full-time employees working in tuition center.

The first employee got another offer from other school and will join them from first September but she requested to continue as part-time of her existing job and we agreed as she is experienced and we need her also to continue. But we need to hire another part-time staff to cover the morning session.

In this case, what action to be required:

Should I issue her P45 or not. She used to work for 130 hours monthly and now due to part-time what is the minimum hour she can work as per law as part time job.

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Mon Aug 17, 2020 7:55 am

Taleem99 wrote:
Sun Aug 16, 2020 6:20 pm
Dear marcnath

I have below one question. Appreciated for kind advice please.

Currently, there are two Full-time employees working in tuition center.

The first employee got another offer from other school and will join them from first September but she requested to continue as part-time of her existing job and we agreed as she is experienced and we need her also to continue. But we need to hire another part-time staff to cover the morning session.

In this case, what action to be required:

Should I issue her P45 or not. She used to work for 130 hours monthly and now due to part-time what is the minimum hour she can work as per law as part time job.

Thanks
I am no expert on employment law and you should consult a qualified person
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: Nature of Business under Tier-1 Enterprenure visa

Post by zimba » Mon Aug 17, 2020 12:20 pm

Taleem99 wrote:
Sun Aug 16, 2020 6:20 pm
Dear marcnath

I have below one question. Appreciated for kind advice please.

Currently, there are two Full-time employees working in tuition center.

The first employee got another offer from other school and will join them from first September but she requested to continue as part-time of her existing job and we agreed as she is experienced and we need her also to continue. But we need to hire another part-time staff to cover the morning session.

In this case, what action to be required:

Should I issue her P45 or not. She used to work for 130 hours monthly and now due to part-time what is the minimum hour she can work as per law as part time job.

Thanks
There is no min hours for part-time. Anything lower than 30 hours per week is part-time. P45 is not needed as she is not being let off.
For min wage see: https://www.gov.uk/national-minimum-wage-rates
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Taleem99
Junior Member
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 » Wed Sep 09, 2020 1:58 pm

I am Looking for an advice on one doubt, please.

• One teacher is leaving our center to join one Public school on six month contract as full time employee but she will continue to work as part time staff.
• At same time , will hire another part time teacher
• One teacher will work 16 hours and 2nd will work 15 hours weekly ( both will work with total 31 hours weekly)

Can we pay them monthly instead of weekly payment as both teacher are agreed with monthly payment as per below math.

For example, we need to start from September which has 30 days (30/7)= 4.29 weeks in a month and total monthly hours for first part time teacher will be 4.29x16= 68.64 hours . Similarly 2nd teacher will work 4.29x15= 64.35 hours. Total hours worked by both teachers are 133.03 { 68.68+64.35= 133.03)
After six months, the first employee will be join back again as full time employee and will work for 130 hours monthly and 2nd employee will leave at the time of joining of first employee.

Looking for advise if above math is correct to avoid any issue later from home office in number of hours at the time of extension for part time employee as both part time will work for six months and later one part time will be full time employee.

Secondly, can we pay them monthly @ of 68.68 and 64.35 hours on monthly bases instead of weekly payment to two part timers, please.

Thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Wed Sep 09, 2020 2:05 pm

Taleem99 wrote:
Wed Sep 09, 2020 1:58 pm
I am Looking for an advice on one doubt, please.

• One teacher is leaving our center to join one Public school on six month contract as full time employee but she will continue to work as part time staff.
• At same time , will hire another part time teacher
• One teacher will work 16 hours and 2nd will work 15 hours weekly ( both will work with total 31 hours weekly)

Can we pay them monthly instead of weekly payment as both teacher are agreed with monthly payment as per below math.

For example, we need to start from September which has 30 days (30/7)= 4.29 weeks in a month and total monthly hours for first part time teacher will be 4.29x16= 68.64 hours . Similarly 2nd teacher will work 4.29x15= 64.35 hours. Total hours worked by both teachers are 133.03 { 68.68+64.35= 133.03)
After six months, the first employee will be join back again as full time employee and will work for 130 hours monthly and 2nd employee will leave at the time of joining of first employee.

Looking for advise if above math is correct to avoid any issue later from home office in number of hours at the time of extension for part time employee as both part time will work for six months and later one part time will be full time employee.

Secondly, can we pay them monthly @ of 68.68 and 64.35 hours on monthly bases instead of weekly payment to two part timers, please.

Thanks
It should be ok
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 » Wed Sep 09, 2020 7:45 pm

Thanks Marcnath ,

It is very much clear to me now that we can pay them monthly @ of 68.68 and 64.35 hours each on monthly bases instead of weekly payment to two part timers, and this pay can be considered against one full time employee?

Is this my understanding correct?
Sorry for asking repeatedly same as I am not good in math.

thanks

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Thu Sep 10, 2020 8:44 am

Taleem99 wrote:
Wed Sep 09, 2020 7:45 pm
Thanks Marcnath ,

It is very much clear to me now that we can pay them monthly @ of 68.68 and 64.35 hours each on monthly bases instead of weekly payment to two part timers, and this pay can be considered against one full time employee?

Is this my understanding correct?
Sorry for asking repeatedly same as I am not good in math.

thanks
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.

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 » Fri Sep 11, 2020 8:05 pm

Sorry Marcnath for asking 2 questions on same subject.

Q If three part time staff work in a month for 130 hours and if this is acceptable to home office and to consider equal to one full time staff as this will be for the same job (Arts, Computer and math teacher) .

The division of hours is like this in September and similar will be in other months with minor difference in hours:

1 part time Computer teacher will work 20 hours in September
2nd part time Art teacher will have 15 hours
3rd part time Math teacher will work for 95 hours
Total hours = 130 hours

3rd Teacher also teaching as full-time staff in one public school and will work in our tuition canter as 2nd job as part timer in both weekend ( Saturday and Sunday full 8 hours each) and on rest working days will spend two hours in the evening class.

Q Will 3rd teacher is allowed to work as part time staff as I read in one web link that a employee is allowed to work maximum 8 hours daily but if she work in a working day then she will be working like 10 hours daily?

Appreciated for your kind advice on this confusion

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Re: Nature of Business under Tier-1 Enterprenure visa

Post by marcnath » Sun Sep 13, 2020 8:33 am

Taleem99 wrote:
Fri Sep 11, 2020 8:05 pm
Sorry Marcnath for asking 2 questions on same subject.

Q If three part time staff work in a month for 130 hours and if this is acceptable to home office and to consider equal to one full time staff as this will be for the same job (Arts, Computer and math teacher) .

The division of hours is like this in September and similar will be in other months with minor difference in hours:

1 part time Computer teacher will work 20 hours in September
2nd part time Art teacher will have 15 hours
3rd part time Math teacher will work for 95 hours
Total hours = 130 hours

3rd Teacher also teaching as full-time staff in one public school and will work in our tuition canter as 2nd job as part timer in both weekend ( Saturday and Sunday full 8 hours each) and on rest working days will spend two hours in the evening class.

Q Will 3rd teacher is allowed to work as part time staff as I read in one web link that a employee is allowed to work maximum 8 hours daily but if she work in a working day then she will be working like 10 hours daily?

Appreciated for your kind advice on this confusion
As long as the three people are working at the same time (week/month), it should be ok. That seems to be the case in the example you have stated.

As to working in multiple jobs and maximum hours, etc. it is not a direct matter of immigration rules. Immigration rules do require you to be follow the relevant laws of the land, so you need to check with an employment lawyer/HR consultant to make sure that you are not in violation of such rules. There is no hard rule that I am aware of that limits working hours but you do need proper waivers in place if someone is working more than 48 hours per week and each employer has the responsibility to have that in place. Again, I am no expert, so consult with a professional about that.
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 » Sat Nov 14, 2020 4:48 pm

Dear Marcnath

Looking for your kind advise on the below questions. You are always very kind in helping and clarifying the related polices queries which always appreciated with lots of thanks. Sorry for writing this long conversation but thought this will help to identify the situation.

We run a tuition center effective from July 2020, where one teacher teaches multiple subjects like ‘Teacher A’ teaching English, Science & math subject to different grades students as full time teacher and ‘Teacher B’ teaching only Math. Due to high demand of Math, we hired 4 math teachers who teach in part time.
1. To cover the Tier-1 jobs requirement, can we considered their Job title as ‘Primary Teacher’ who teaches English, Science,&math for primary grades and 2nd teacher Job title like ‘Middle School Teacher’ who teaches only Math (currently 4 math part time teachers who worked up to or more than 130 hours monthly) OR their title should be Math teacher, English Teacher and Science Teacher but by having such job title we cannot meet the hours and job requirement?

2. Another question like in December 2020, we are going to start a new business that is barbecue food takeaway and will hire the Chef/ cook and driver. These will be two different jobs. Due to covid 19 related changes in Tier-1 policy, can these two jobs will be considered along with other 2 teacher jobs referring the new change i.e ‘You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.’ ( like can we consider 6 months with Job title primary and high school teachers and next six month with different two jobs chef and driver so in twelve months will have 4 different job/positions and if this will be considered under Tier -1 due to covid 19 changes.? ( Tuition center business will be continued with new business)

3. In worst circumstance, if we failed to create the two jobs or multiple jobs in the whole 3 years of time, especially in last /3rd year, can we get the extra time/period to cover the jobs and requirement as our submission for extension will be in August 2021? Our BRP expiring in 10th of September 2021.

Other details/ circumstances:
This is our last year (3rd year). The first and 2nd year was not successful and does not meet the job requirement as hardly two different jobs were created for three months during first and 2nd year as during the first year had started one business but was closed after three months due to loss and in 2nd year tried to buy an commercial property but failed to get the planning permission and six months has taken to secure the permission as first time it was rejected and 2nd time applied with success and now in 3rd year starting the barbeque food takeaway business in the same property.

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

Post by marcnath » Sat Nov 14, 2020 6:17 pm

Taleem99 wrote:
Sat Nov 14, 2020 4:48 pm
Dear Marcnath

Looking for your kind advise on the below questions. You are always very kind in helping and clarifying the related polices queries which always appreciated with lots of thanks. Sorry for writing this long conversation but thought this will help to identify the situation.

We run a tuition center effective from July 2020, where one teacher teaches multiple subjects like ‘Teacher A’ teaching English, Science & math subject to different grades students as full time teacher and ‘Teacher B’ teaching only Math. Due to high demand of Math, we hired 4 math teachers who teach in part time.
1. To cover the Tier-1 jobs requirement, can we considered their Job title as ‘Primary Teacher’ who teaches English, Science,&math for primary grades and 2nd teacher Job title like ‘Middle School Teacher’ who teaches only Math (currently 4 math part time teachers who worked up to or more than 130 hours monthly) OR their title should be Math teacher, English Teacher and Science Teacher but by having such job title we cannot meet the hours and job requirement?

2. Another question like in December 2020, we are going to start a new business that is barbecue food takeaway and will hire the Chef/ cook and driver. These will be two different jobs. Due to covid 19 related changes in Tier-1 policy, can these two jobs will be considered along with other 2 teacher jobs referring the new change i.e ‘You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.’ ( like can we consider 6 months with Job title primary and high school teachers and next six month with different two jobs chef and driver so in twelve months will have 4 different job/positions and if this will be considered under Tier -1 due to covid 19 changes.? ( Tuition center business will be continued with new business)

3. In worst circumstance, if we failed to create the two jobs or multiple jobs in the whole 3 years of time, especially in last /3rd year, can we get the extra time/period to cover the jobs and requirement as our submission for extension will be in August 2021? Our BRP expiring in 10th of September 2021.

Other details/ circumstances:
This is our last year (3rd year). The first and 2nd year was not successful and does not meet the job requirement as hardly two different jobs were created for three months during first and 2nd year as during the first year had started one business but was closed after three months due to loss and in 2nd year tried to buy an commercial property but failed to get the planning permission and six months has taken to secure the permission as first time it was rejected and 2nd time applied with success and now in 3rd year starting the barbeque food takeaway business in the same property.
1. The job titles are immaterial. It is how you define them in the application form, where you have to list which employee is to be counted for Job 1, and Job 2. You also have to provide job descriptions, so clearly the job description for all persons in each job should be the same.
2. Note that the guidance says the flexibility is for "for those affected by COVID..:" We are yet to see any feedback on how HO is going to handle these. I expect them to be flexible, but the guidance provides enough room for them to impose the strict conditions if your business has not been impacted by COVID. If they do that, it is unlikely that a new business started in the midst of COVID can be considered to be negatively impacted. But if you can show your tuition business has been impacted, you are safer in using the flexibility.

3. Yes, under the revised guidance, as long as you have created the job at the time of application, you can get an extension. (Again, you may be required to show your business was impacted by COVID)

Note: before you ask, there is no guidance or requirement specified as to how you show your business is impacted.
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 Nov 17, 2020 1:31 pm

Dear Marcnath,
Thanks for your below reviews which is again a great input to understand the facts.

I thought to provide the below justifications to home office if required with reason of disruptions of business as we never knew that such pandemic will happen and affect us in the coming years with our business planning for the rest of time/year. Like

1. First six months of first year was a struggling period to open business, personal bank account and settle our self.

2. During first year tried one business but was gets closed due to loss and cheating from supplier in supplying short expiry items.

3. 2nd year in negotiation to buy commercial property with aim to use for business which got delayed due to planning permission rejection and landlord’s delay in negotiation ( we have all related correspondences from planning council and landlord follow-up . Moreover, all the expenses has been paid during this time like evaluation and survey of this property including hiring an property solicitor for this purpose.

4. Unfortunately, in march 2020 covid pandemic has started which has causes in delay of all business setup activities due to closures of council offices , solicitors as all were working from home with limited access of services.

5. Later in 2nd wave from Sep/Oct onwards has made the things more difficult but to meet our visa requirement, we were keeps struggling and started new business in July 2020 of tuition center despite of all difficulties and now opening a new 2nd business in December 20 for food takeaway as the amount spend in tuition center does not cover the good amount of investment. Moreover in current situation only food takeaway away and food related business are running successfully to meet the people requirement to provide them healthy food to their homes.

Like in case of difficulties in meeting the job requirements, we can justify the above stated situation considering the current market situation and overall economic situation which are really disrupting the new businesses setup and meeting the overall Tier-1 visa requirement which is in our case. (our BRP expiring in Sep 2021)

The above is just my point of view and forwarded for your kind comments if agreed and will support us. thanks

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