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Tier 1 extension questions

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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Zimba
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Re: Tier 1 extension questions

Post by Zimba » Fri Apr 22, 2016 9:26 am

nadeem75 wrote: the investment amount move from overseas personal joint account and move in UK bank business joint account.statement showing first my name and /partner name. later 8 months he resign from the company and i remove him from the hmrc and inform to bank as he is not part of director, and that year balance sheet showing only my name as a director loan full amount.
please advise it is ok or i need to do something more, because i have time till feb 2016 for extension.

thanks for your kind support.
nadeem
As long as the statement showing your name it must be okay given that it is supported by your company accounts. You are fine.
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: Tier 1 extension questions

Post by nadeem75 » Fri Apr 22, 2016 9:29 am

Thanks a lot.

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Sat Apr 30, 2016 9:57 am

Hey Zimba, did you redact all the other info on your statements when you sent them the bank statement showing your investment?

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Fri Aug 26, 2016 11:24 am

Hey Zimba, I applied for the Visa as you suggested mate and I successfully got my extension on 27.07.2016. I thought I should message you on here to say thanks.

Now I do have more questions buddy regarding my next application. As my initial application was before april 2014 I come under the category "transitional arrangement" I believe. In the guidance note on page 51 section 169 it says this
Pre 6 April 2014 transitional arrangement
169. If you successfully applied to enter the route before 6 April 2014, and you are making an
extension application or a 5 year settlement application, you may continue to employ:
 one worker for 24 months
 one worker for 6 months and one for 18 months
 4 workers for 6 months each
and score points for job creation.
Now what I need to know is that are these the only examples we can choose from? I mean can I not employ 3 employees for 8 months to qualify for my ILR? I believe the objective of this transitional arrangement is for me to complete 24 months right? Please let me know whether 3 employee situation would be acceptable or am I missing something? Thanks

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Zimba
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Re: Tier 1 extension questions

Post by Zimba » Fri Aug 26, 2016 11:59 am

Congratulations on your visa.
The only benefit you get by having transitional arrangements is that you can create a job/position that lasts less than 12 months. Bear in mind that a position can be fulfilled by multiple employees and need not be continuous. Example:

- Marketing manager position (3 months)
- Software engineer position ( 9 months)
- Sales manager position (8 months)
- HR manager position (4 months)

You have created 24 months of employment in 4 positions however NONE of the positions were for 12 months. Under transitional arrangements this is acceptable.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

helpingperson
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Re: Tier 1 extension questions

Post by helpingperson » Fri Aug 26, 2016 12:18 pm

fatguyslim

What was your time line?

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Fri Aug 26, 2016 1:13 pm

zimba88 wrote:Congratulations on your visa.
The only benefit you get by having transitional arrangements is that you can create a job/position that lasts less than 12 months. Bear in mind that a position can be fulfilled by multiple employees and need not be continuous. Example:

- Marketing manager position (3 months)
- Software engineer position ( 9 months)
- Sales manager position (8 months)
- HR manager position (4 months)

You have created 24 months of employment in 4 positions however NONE of the positions were for 12 months. Under transitional arrangements this is acceptable.
Thanks Zimba

What I want is to qualify for my next visa as fast as possible. I cannot employ 4 people as I don't need 4 staff members. The best I can do is have 3 employees and qualify for the ILR in 8 months. The kind of business I do I am more than capable of doing on my own so the only reason I am taking on people is to qualify for ILR. Plus I want my main business to have it's headquarters in a different country hence getting this out of the way needs to happen as soon as possible lol. Is having 3 people for 8 months acceptable?

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Fri Aug 26, 2016 1:15 pm

helpingperson wrote:fatguyslim

What was your time line?

Applied on 06.06.2016 received on 27.07.2016

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Zimba
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Re: Tier 1 extension questions

Post by Zimba » Fri Aug 26, 2016 2:06 pm

fatguyslim wrote: Is having 3 people for 8 months acceptable?
Yes
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fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Fri Aug 26, 2016 3:29 pm

zimba88 wrote:
fatguyslim wrote: Is having 3 people for 8 months acceptable?
Yes
Excellent. Thanks!

KickStarter
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Re: Tier 1 extension questions

Post by KickStarter » Thu Sep 01, 2016 2:47 pm

zimba88 wrote:Congratulations on your visa.
The only benefit you get by having transitional arrangements is that you can create a job/position that lasts less than 12 months. Bear in mind that a position can be fulfilled by multiple employees and need not be continuous. Example:

- Marketing manager position (3 months)
- Software engineer position ( 9 months)
- Sales manager position (8 months)
- HR manager position (4 months)

You have created 24 months of employment in 4 positions however NONE of the positions were for 12 months. Under transitional arrangements this is acceptable.
Hi "zimba88"

A question I have in regards to your above response is how will this be shown on the application form? Lets assume each job lasted for 6 months, will each role be represented in the separate sections?

Job number: 1
Job title: Marketing manager
Date post created: March 15 - AUg 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 2
Job title: Software engineer
Date post created: March 15 -Aug 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 3
Job title: Sales manager
Date post created: Feb 15 - July 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

Job number: 4
Job title: HR manager
Date post created: Feb 15 - July 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job:

or
Will these roles still be combined on the application form to make the equivalent of one full time role
eg
Job number: 1
Job title: Marketing manager
Date post created: March 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 2


Job number: 2
Job title: Software engineer
Date post created: March 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 1


Job number: 3
Job title: Sales manager
Date post created: Feb 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 4


Job number: 4
Job title: HR manager
Date post created: Feb 15
If this job is being combined with another job to make equivalent of 1 full time job, indicate which
job: 3

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Zimba
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Re: Tier 1 extension questions

Post by Zimba » Thu Sep 01, 2016 3:01 pm

The way you indicated the combinations of the jobs in red is correct. You create as many separate positions as you like but need to indicate how they are being added together. For Post April 2014 applicants, each position must last at least 12 months to be combined with any other position.
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KickStarter
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Re: Tier 1 extension questions

Post by KickStarter » Thu Sep 01, 2016 3:46 pm

ok thanks Zimba. much appreciated

paru.org
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Re: Tier 1 extension questions

Post by paru.org » Tue Sep 06, 2016 10:15 pm

hi zimba
how much maintenance fund is required for dependent, i have 2 of them and they just came in uk abt 2 months back, but i am here for more than 12 months., i think it is £ 630 for each of them and £945 for myself , m i right?
just to confirm?
thx

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Re: Tier 1 extension questions

Post by paru.org » Wed Sep 07, 2016 4:57 am

hi zimba or someone expert
do i need any letter from accountant saying that 50k has been invested in this business by DL,
i didn't tookover any exisiting buz
and plz provide format of letters needded for xtension
1) dl ? where can i find sample format, any one who successfully applied, pls share their format of dl.
2) accountant letters

thx

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Zimba
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Re: Tier 1 extension questions

Post by Zimba » Wed Sep 07, 2016 8:51 am

paru.org wrote:hi zimba
how much maintenance fund is required for dependent, i have 2 of them and they just came in uk abt 2 months back, but i am here for more than 12 months., i think it is £ 630 for each of them and £945 for myself , m i right?
just to confirm?
thx
Yes
paru.org wrote:hi zimba or someone expert
do i need any letter from accountant saying that 50k has been invested in this business by DL,
i didn't tookover any exisiting buz
and plz provide format of letters needded for xtension
1) dl ? where can i find sample format, any one who successfully applied, pls share their format of dl.
2) accountant letters

thx
You do not need an accountant letter for investment as it is not in the rules.

1) search the forum, there are plenty of samples of DL
2) Accountant letter required only to confirm job creation if taken over or joined a business.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Thu Apr 13, 2017 2:23 pm

Hey Zimba, sorry for bothering you again but I had to be clear about this Pre 6th April 2014 transitional arrangement query. Last month 3 of my employees have completed 8 months of full time work under my company. Their contract was for 8 months and will be up for renewal this month if I decide to keep them on. In the new guidance notes this is what it says

Pre 6 April 2014 transitional arrangement

178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):

· one worker for 24 months;
· one worker for 6 months and one for 18 months;
· 4 workers for 6 months each

The guidance notes seems to be giving only these three options as a valid way to qualify but nowhere does it say explicitly that I have to complete 24 months in whatever way I can. Please let me know where I can read the guidance notes suggesting I can complete the 24 month continuous employment in any way I like? Can an applicant employ 12 employees for a month and even then qualify for the ILR or an extension?

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Re: Tier 1 extension questions

Post by seasky » Thu Apr 13, 2017 2:44 pm

fatguyslim wrote:Hey Zimba, sorry for bothering you again but I had to be clear about this Pre 6th April 2014 transitional arrangement query. Last month 3 of my employees have completed 8 months of full time work under my company. Their contract was for 8 months and will be up for renewal this month if I decide to keep them on. In the new guidance notes this is what it says

Pre 6 April 2014 transitional arrangement

178. If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a settlement application, you may continue to employ (and score points for job creation):

· one worker for 24 months;
· one worker for 6 months and one for 18 months;
· 4 workers for 6 months each

The guidance notes seems to be giving only these three options as a valid way to qualify but nowhere does it say explicitly that I have to complete 24 months in whatever way I can. Please let me know where I can read the guidance notes suggesting I can complete the 24 month continuous employment in any way I like? Can an applicant employ 12 employees for a month and even then qualify for the ILR or an extension?
It is clearly established that for transitional arrangement any variation of 24 person months is OK (even though the guidance only gives 3 examples). So yes 24 people for one months works. And of course 3 people 8 months each does to.

24 people for one months would (and should) be scrutinised strongly under genuine entrepreneur test. There seems plenty of evidence of people getting extensions when they only hired the minimum time (24 person months) but is there any reason you are letting all 3 move on? Suddenly your business does not need employees?

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Re: Tier 1 extension questions

Post by Zimba » Thu Apr 13, 2017 3:30 pm

The examples in the guide are just examples.
Before April 2014, the requirement was simply to create EQUIVALENT of 2 full time jobs for 12 months.
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fatguyslim
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Re: Tier 1 extension questions

Post by fatguyslim » Thu Apr 13, 2017 3:45 pm

It is clearly established that for transitional arrangement any variation of 24 person months is OK (even though the guidance only gives 3 examples). So yes 24 people for one months works. And of course 3 people 8 months each does to.
It is hard to establish whether the guidance is giving 3 examples or 3 options, which I can't tell at the moment.
24 people for one months would (and should) be scrutinised strongly under genuine entrepreneur test. There seems plenty of evidence of people getting extensions when they only hired the minimum time (24 person months) but is there any reason you are letting all 3 move on? Suddenly your business does not need employees?
Agreed 24 people employed for a month would be very dodgy indeed. But the nature of my business is such that it is a rapidly involving business and can go under at any point, depending on the upcoming regulations. For this reason I would like to have the permanent residence of this particular business outside the UK and have it run by a family member while I focus on other things. Well it doesn't matter will keep them on till I hear more from the government.

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