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Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

jag0934 wrote: ↑

Sun May 12, 2019 11:51 pm

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

marcnath wrote: ↑

Mon May 13, 2019 9:33 am

jag0934 wrote: ↑

Sun May 12, 2019 11:51 pm

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

From your post, it appears Employee 2 was not a settled worked until Nov 2018.

You need two full time jobs of 12 months each. So, that means you will have to wait until Oct 2019 to meet the job creation requirement. That is when employee 1 will complete 12 months full time.

jag0934 wrote: ↑

Mon May 13, 2019 9:58 am

marcnath wrote: ↑

Mon May 13, 2019 9:33 am

jag0934 wrote: ↑

Sun May 12, 2019 11:51 pm

Hi Moderators, thanks for all the detailed explanation here.

Apologies Alijafri, if it looks like am taking over your post, this is my first time here and I do not really know how this platform work, but it looks like you post look similar with my current situation

Am due to apply soon for my ILR with my wife who will be 5years as my dependent in June 2019 even though my extension was approved on October 2017 but my 5years on Tier 1 had passed since April 4, 2019.

Can I still use all my employees knowing the new rule from April 2019?

Here are the start and finish date of the employees with different job title:

Employee 1 – Start Date from Dec 2014 – present
10hrs/Week till Oct 2018; from Nov 2018 – Date (Full Time)

Employee 2 – Start Date Nov 2017 – Oct 2018 (20hrs /Week) but secure his Settle Status on 12 Nov
2018

Employee 3 - Start Date April 2018 – Present (Full Time)

The reason I did not apply prior the new rules, my accountant system crashed and could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra months to get the months back since the employees are still working even though one had left since October 2018.

Thanks

From your post, it appears Employee 2 was not a settled worked until Nov 2018.

You need two full time jobs of 12 months each. So, that means you will have to wait until Oct 2019 to meet the job creation requirement. That is when employee 1 will complete 12 months full time.

Thanks the feedback

So it means I can not combine employees 1 and 2 together even though the job existed for 12months?

jag0934 wrote: ↑

Mon May 13, 2019 5:14 pm

Hi marcnath,

Can this be applicable to my case based on Page 56 Annex E–Example job creation table

"The jobs must exist for at least 12 months.Within the same job, another worker can replace a worker who is employed for part of a year and thenleaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. We consider full-time to be 30 hours per week.Each job will be assessed separately unless you indicate below that you wish to combine one job with another job".

Thanks

marcnath wrote: ↑

Mon May 13, 2019 6:35 pm

jag0934 wrote: ↑

Mon May 13, 2019 5:14 pm

Hi marcnath,

Can this be applicable to my case based on Page 56 Annex E–Example job creation table

"The jobs must exist for at least 12 months.Within the same job, another worker can replace a worker who is employed for part of a year and thenleaves the job, so that the employment as a whole adds up to 12 months. The hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. We consider full-time to be 30 hours per week.Each job will be assessed separately unless you indicate below that you wish to combine one job with another job".

Thanks

It is not clear how this can be applicable. If you explain that, I can try to address that.

You have three jobs created as you mentioned employee 1 and 2 are on different jobs where you only needed two.

If Employee 2 was a settled worker from the beginning, then you could have combined Job 1 and Job 2. But since employee 2 was not settled, you can't do that.

aman90 wrote: ↑

Mon May 13, 2019 6:37 pm

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

jag0934 wrote: ↑

Mon May 13, 2019 7:14 pm

aman90 wrote: ↑

Mon May 13, 2019 6:37 pm

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

marcnath wrote: ↑

Mon May 13, 2019 9:11 pm

jag0934 wrote: ↑

Mon May 13, 2019 7:14 pm

aman90 wrote: ↑

Mon May 13, 2019 6:37 pm

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

In your initial post, you said Employee was settled in Nov 2018. Now you say Nov 2017 - which is correct. That makes a big difference !!!!

jag0934 wrote: ↑

Sun May 12, 2019 11:51 pm

extension: October 2017
5years: April 4, 2019.

Job 1:

Emp 1 –
Oct 17 -Oct 18= 10hrs PT /13 months
Nov 2018 – June 19= FT

Combined with:

Job 2 :

Emp 2 –
Nov 17 – Oct 18= 20hrs PT /12 months

Job 3:
Emp-3 - April 2018 – June 19 (Full Time)

aman90 wrote: ↑

Mon May 13, 2019 11:08 pm

jag0934 wrote: ↑

Sun May 12, 2019 11:51 pm

extension: October 2017
5years: April 4, 2019.

Job 1:

Emp 1 –
Oct 17 -Oct 18= 10hrs PT /13 months
Nov 2018 – June 19= FT

Combined with:

Job 2 :

Emp 2 –
Nov 17 – Oct 18= 20hrs PT /12 months

Job 3:
Emp-3 - April 2018 – June 19 (Full Time)

Extension approval date?
As long as employee 2 had right to work. You are ok to apply as above.

jag0934 wrote: ↑

Tue May 14, 2019 1:07 am

Hi moderators,

Thanks for all the help so far.

I don’t know if this has happened to any member before, but I will like to know how this issue was resolved; my accountant system crashed, and he could not retrieve the already submitted RTIs/FPS from November 2017 to March 2018, so he advised I waited extra 5 months to get the months back since the employees are still working.

No back up? The fact that you agreed is baffling!

My question now is, if possible to resubmit the RTI again from Nov 2017 to March 2018 since I cannot get a copy of the submissions or what other proof can I used to claim I submitted RTI for this period?

No need to. Employers summary? I presume you receive that every month.. Regenerate FPS without submitting again.

Have contacted HRMC for this if I can get a copy of submitted RTIs but they sent me a letter that they have contacted the Home Office regarding my request, the Home Office said any document from HRMC regarding the copy of the RTIs will not be an acceptable format for the purpose of my Visa, because “such information should come directly from the business”

Bizarre that HMRC contact HO on ur behalf.
Ho confirms the RTI FPS with HMRC .

Can I still claim the employment period for the employees from Nov 2017 or just start counting from April 2018 – to Date since I do not have any RTI from Nov 2017 – March 2018 apart from payslips?

Of course you can!!! Explained above.

I will really appreciate your comment on this also.

Thanks

jag0934 wrote: ↑

Mon May 13, 2019 9:46 pm

marcnath wrote: ↑

Mon May 13, 2019 9:11 pm

jag0934 wrote: ↑

Mon May 13, 2019 7:14 pm

aman90 wrote: ↑

Mon May 13, 2019 6:37 pm

2 part time jobs can be combined if they’ve existed for 12 months.
What was non settled employees status before ILR?

Employee 2 is on dependent visa (Marriage) before his ILR was approved on 12 Nov 2017 but started working for my business since Nov 01, 2017.

In your initial post, you said Employee was settled in Nov 2018. Now you say Nov 2017 - which is correct. That makes a big difference !!!!

That was a mistake. Employee 2 start date is 01 Nov 2017 and ILR was granted 12 Nov 2017.
He left the company 31 October 2018 and weekly hours then is 20hrs before leaving the company.

I hope this clarify my initial mistake

tier11417 wrote: ↑

Tue May 14, 2019 3:53 am

Note RTI FPS is a compulsory document and without that you cannot claim for the missed months. However, as Aman mentioned, if you can regenerate the RTI FPS without submitting those to HMRC, you can use that. Member “Meesha” has done that for her extension she might be able to guide better.

jag0934 wrote: ↑

Thu May 16, 2019 8:59 pm

tier11417 wrote: ↑

Tue May 14, 2019 3:53 am

Note RTI FPS is a compulsory document and without that you cannot claim for the missed months. However, as Aman mentioned, if you can regenerate the RTI FPS without submitting those to HMRC, you can use that. Member “Meesha” has done that for her extension she might be able to guide better.

Hi Moderators,

Thanks for all your feedback.

As advised, have asked my accountant to regenerate another RTI/FPS without submitting it to HMRC to cover the missing period but he is still insisting that, is not possible to generate another RTI without submission, though I suggested he tried using Moneysoft to see for himself but now he requested to see how the final format of the RTI will look like without submitting this to HMRC that this will help me to know what the end result will look like.

I don't if anybody can share with me how the final RTI/FPS will look like without really submitting it to HMRC since this has been submitted before but the submission report is not available due to system failure/crash.

Also, I just discovered there is a mistake on one of the submitted RTI for the month of April 2018; Another employee name who already left the company, her name is showing on the submission against the recent employee who replaced her even though the hours worked and hourly rate is the same, when I asked the accountant for way forward to rectify this mistake, he suggested End / Earlier Year Update will be ok to correct this,
My question; what will be the effect of the already submitted RTI for the month of April 2018 on the recent/right employee who is stilll working and who I plan to use as part of my application even though the accountant rectify the mistake by submitting End / Earlier Year Update, without the name of the right/correct employee showing on the RTI submission; Can he regenerate another RTI FPS without submitting this to HMRC just for the month of April once the year update has been done to reflect the correct employee name since the mistake is just on the name, the rate and hours worked the same?

Thanks for all the help so far.

aman90 wrote: ↑

Thu May 16, 2019 11:15 pm

How did you know how much tax to pay against employees every month?

jag0934 wrote: ↑

Fri May 17, 2019 7:13 am

aman90 wrote: ↑

Thu May 16, 2019 11:15 pm

How did you know how much tax to pay against employees every month?

I have access to online Employer Payee Account,