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Tier 1 application form

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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TiramisuTT
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Tier 1 application form

Post by TiramisuTT » Wed Sep 07, 2022 3:10 pm

Hello everyone,

Thank you that I could ask everyone here for help. I really appreciate it.

I finished the Tier 1 online submission. I recall a detail now that confuses me a bit.

One of the staff is full-time job, we paid her monthly fixed salary. She worked 7.5 hours every day, and her total salary or hourly rate over the minimum wage as well(I usually use total pay divided by 130 hours to see if we're paying enough). On the contract we list the total fix salary, start time and end time( from Monday to Friday), but there is no hourly rate and hours on the payslips( because she has a fix salary). RTI also submitted.

I don't know we need to fill the hourly rate for the staff until I see the online form. I don't know how much is better to fill as we pay the fix monthly salary not the weekly or hourly. I didn't know how much to divide by which I took into account that the working days per month were sometimes 20 days, sometimes 21 days, sometimes 22 days. So, I see there was a note: 30 hours a week( or 120 hours a month). Then I use her total salary divided 120 and filled the number.

I'm not sure if HO thinks 120 hours of work per month is enough because sometimes a month is 22 working days. But they do list 30 hours per week or 120 hours per month when submitting the application.

I hope you could let me know if it would be an issue I need to worried.

Thank you.

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marcnath
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Location: Milton Keynes

Re: Tier 1 application form

Post by marcnath » Wed Sep 14, 2022 2:55 pm

TiramisuTT wrote:
Wed Sep 07, 2022 3:10 pm
Hello everyone,

Thank you that I could ask everyone here for help. I really appreciate it.

I finished the Tier 1 online submission. I recall a detail now that confuses me a bit.

One of the staff is full-time job, we paid her monthly fixed salary. She worked 7.5 hours every day, and her total salary or hourly rate over the minimum wage as well(I usually use total pay divided by 130 hours to see if we're paying enough). On the contract we list the total fix salary, start time and end time( from Monday to Friday), but there is no hourly rate and hours on the payslips( because she has a fix salary). RTI also submitted.

I don't know we need to fill the hourly rate for the staff until I see the online form. I don't know how much is better to fill as we pay the fix monthly salary not the weekly or hourly. I didn't know how much to divide by which I took into account that the working days per month were sometimes 20 days, sometimes 21 days, sometimes 22 days. So, I see there was a note: 30 hours a week( or 120 hours a month). Then I use her total salary divided 120 and filled the number.

I'm not sure if HO thinks 120 hours of work per month is enough because sometimes a month is 22 working days. But they do list 30 hours per week or 120 hours per month when submitting the application.

I hope you could let me know if it would be an issue I need to worried.

Thank you.
You should have stuck to your initial calculation of dividing by 130 hrs.

If you have submitted monthly payslips, then HO will take the monthly amount, divide it by the hourly rate you have stated and come up to 120 hrs, which is then likely to be rejected. So unfortunately, you do have a need to worry.

You should write in now to HO to tell them that you made a mistake in your application form and let them know of the correct rate that you were using to find out if you are paying enough - (I usually use total pay divided by 130 hours to see if we're paying enough)
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.

TiramisuTT
Newly Registered
Posts: 7
Joined: Wed Sep 07, 2022 2:36 pm
China

Re: Tier 1 application form

Post by TiramisuTT » Fri Sep 16, 2022 8:57 am

Hi Marcnath,

Thank you for your reply!

I don't know what kind of number I should fill in. Because some months working days are 22 days. Maybe 132 hours? Or can I list on the explain letter a hourly range? Because we paid the fix salary per month.

And we have submitted all documents. Can I submit another letter at the moment( I haven't done the Biometrics)?

To be honest, the truth is that I saw the instruction on the application form: 30 hours per week( or 120 hours a month), then I divided by 120 and filled the number. Can I mention this on the letter?

Thank you.

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marcnath
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Location: Milton Keynes

Re: Tier 1 application form

Post by marcnath » Fri Sep 16, 2022 12:39 pm

TiramisuTT wrote:
Fri Sep 16, 2022 8:57 am
Hi Marcnath,

Thank you for your reply!

I don't know what kind of number I should fill in. Because some months working days are 22 days. Maybe 132 hours? Or can I list on the explain letter a hourly range? Because we paid the fix salary per month.

And we have submitted all documents. Can I submit another letter at the moment( I haven't done the Biometrics)?

To be honest, the truth is that I saw the instruction on the application form: 30 hours per week( or 120 hours a month), then I divided by 120 and filled the number. Can I mention this on the letter?

Thank you.
It really doesn't matter. Typically, most employment is based on 37.5 hrs per week This is a good site to calculate hourly rate - https://www.thesalarycalculator.co.uk/salary.php

Yes, this 120 hours has been a problem. It was mentioned in the guidelines too but HO has previously rejected some employment that depended on it and insisted on 30 hours per week. But those are generally cases where it works out to 120 hrs on minimum wage, so it looked like it was being deliberately manipulated to meet the condition.

It doesn't seem to be the case with you. So it should not be a problem, but always better to be safe than sorry. You can just say in your letter that you now used this website to calculate the correct hourly rate, if you want to give an excuse.
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.

TiramisuTT
Newly Registered
Posts: 7
Joined: Wed Sep 07, 2022 2:36 pm
China

Re: Tier 1 application form

Post by TiramisuTT » Sun Sep 18, 2022 9:17 am

Hi Marcnath,

Thank you for your reply. Yes, I need to explain it then submit a letter.

I prepare a letter, the basic thing I explained that the staff is full time, paid a fixed salary monthly, we always check if her hourly rate is or over current minimum wages( the current is 9.50 pounds). When we were filling the application form, we found there was a note: 30 hours a week(or 120 hours a month). As she is paid by a fixed monthly salary, we just simply understood we could follow the instruction here and divided by 120.

This is the truth. The instruction confused me.

At last I said I think I made the mistake on the application form. The current correct hourly rate is 9.50 pounds.

Could you have a look if it’s explained clearly and appropriate?

And another thing is there were no hours and hourly rate on her payslips as she paid a fixed salary every month. I check from GV website it looks no problem for monthly payslips. On her contract, we said it’s a full time job and list a start time and end time every day, and also said would a little flexible for the working time if both agreed in advance each week.

So, this payslip, contract, explain letter for the application form. Do you think if everything meets the requirements?


Thank you for your time again.

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marcnath
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Location: Milton Keynes

Re: Tier 1 application form

Post by marcnath » Sun Sep 18, 2022 11:24 am

TiramisuTT wrote:
Sun Sep 18, 2022 9:17 am
Hi Marcnath,

Thank you for your reply. Yes, I need to explain it then submit a letter.

I prepare a letter, the basic thing I explained that the staff is full time, paid a fixed salary monthly, we always check if her hourly rate is or over current minimum wages( the current is 9.50 pounds). When we were filling the application form, we found there was a note: 30 hours a week(or 120 hours a month). As she is paid by a fixed monthly salary, we just simply understood we could follow the instruction here and divided by 120.

This is the truth. The instruction confused me.

At last I said I think I made the mistake on the application form. The current correct hourly rate is 9.50 pounds.

Could you have a look if it’s explained clearly and appropriate?

And another thing is there were no hours and hourly rate on her payslips as she paid a fixed salary every month. I check from GV website it looks no problem for monthly payslips. On her contract, we said it’s a full time job and list a start time and end time every day, and also said would a little flexible for the working time if both agreed in advance each week.

So, this payslip, contract, explain letter for the application form. Do you think if everything meets the requirements?


Thank you for your time again.
If the contact sets a starting time and ending time, then it automatically determines the working hours per week.
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.

TiramisuTT
Newly Registered
Posts: 7
Joined: Wed Sep 07, 2022 2:36 pm
China

Re: Tier 1 application form

Post by TiramisuTT » Tue Sep 20, 2022 10:32 am

Yes, it listed on the contract. But if the salary divided by that hours, it would a bit lower than the current minimum wage.

We set up the contract to make it clear that this is a full-time job, and there is no hourly rate set as it is a fixed monthly payment. Calculation of hourly rates was indeed neglected at the time. So when she actually started working, in order to meet that minimum work requirement, she didn't actually work that long. But we didn't change the contract. Only confirmed by verbal notice the matter with the staff. So we always check her total hours match the current lowest rate.

I find I don't know how to show the details at this point.

Thank you.

TiramisuTT
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Posts: 7
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Re: Tier 1 application form

Post by TiramisuTT » Tue Sep 20, 2022 10:39 am

Not sure if I explained clearly.

We set up hours on the contract, but she actual working hours are differences( a litter lower). I check the law in UK, the contract does not have to change if working hours or other details change.

So, if I need explain this point in the same letter? How can I explain?

I don't want to complicate things, please any advise for me.

Thank you.

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marcnath
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Re: Tier 1 application form

Post by marcnath » Wed Sep 21, 2022 9:09 pm

ok. You don't need to submit the contract, so don't complicate things with any explanations. Just stick to an hourly rate that will show 130 hrs per month.

In the meantime, while not necessary, you may want to have a document signed by you and the employee documenting the verbal discussion and dated to when you had that discussion. This is just in case that you are ready if they ask for additional information or decided to do an interview and/or visit.
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.

TiramisuTT
Newly Registered
Posts: 7
Joined: Wed Sep 07, 2022 2:36 pm
China

Re: Tier 1 application form

Post by TiramisuTT » Thu Sep 22, 2022 7:36 am

Thank you for your reply.

I've submitted the contract at the first time. I cannot change them. Although the time on the contract, we also listed there will be flexibility during term time to vary hours as agreed in advance each week. So, it explains we may change something from the contract.

Now I will prepare a document for record our meeting. We real talked it since the staff started working, but we don't change the contract as it looks not necessary. Thank you for your advise

So, on the cover letter, if I can clarify:
1. this staff working hours 140 per month.
2. when we were filling the application form, we found there was an instruction about hourly rate: 30 hours a week(or 120 hours a month). As she is paid by a fixed monthly salary, we just simply understood we should follow the instruction here and divided by 120. Then we filled £11.80 per hour on the application form.( if you think it's better don't to explain it, please let me know)
3. I clarify her current hourly rate is (the monthly salary divided by 140).

Could you have a look if it's appropriate?
And do you think I need to submit the meeting record now or just see how is going?

Thank you very much.

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marcnath
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Location: Milton Keynes

Re: Tier 1 application form

Post by marcnath » Thu Sep 22, 2022 8:30 am

TiramisuTT wrote:
Thu Sep 22, 2022 7:36 am
Thank you for your reply.

I've submitted the contract at the first time. I cannot change them. Although the time on the contract, we also listed there will be flexibility during term time to vary hours as agreed in advance each week. So, it explains we may change something from the contract.

Now I will prepare a document for record our meeting. We real talked it since the staff started working, but we don't change the contract as it looks not necessary. Thank you for your advise

So, on the cover letter, if I can clarify:
1. this staff working hours 140 per month.
2. when we were filling the application form, we found there was an instruction about hourly rate: 30 hours a week(or 120 hours a month). As she is paid by a fixed monthly salary, we just simply understood we should follow the instruction here and divided by 120. Then we filled £11.80 per hour on the application form.( if you think it's better don't to explain it, please let me know)
3. I clarify her current hourly rate is (the monthly salary divided by 140).

Could you have a look if it's appropriate?
And do you think I need to submit the meeting record now or just see how is going?

Thank you very much.
The less you submit the better is my personal opinion. The case worker has to review every document you submit and you are just creating more work when you submit more documents.

All you need to inform them is that you made a mistake when filling your form and the correct information is this. If they need a reason, they will ask.

You also did not need to submit the contract in the first place and you don't need to submit any amendments now.
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.

TiramisuTT
Newly Registered
Posts: 7
Joined: Wed Sep 07, 2022 2:36 pm
China

Re: Tier 1 application form

Post by TiramisuTT » Thu Sep 22, 2022 8:46 am

ok, that makes sense.

I'll only say I made a mistake when filling the application form and list the correct information.

We've been serious about preparing the material, but at the moment this detail let me a headache. Thank you for your continued help and advice.

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