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My questions are as follows:(g) If you took over or joined a business, you must provide a signed and dated letter from an accountant, showing:
(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office on request.
This requirement applies regardless of how long the business existed before you took over or joined it.
(h) if the business in (g) employed workers before you took over or joined it, you must also provide the following documents for the year immediately before you joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by you:
(i) duplicate Full Payment Submission sent under Real Time to HM Revenue & Customs, or
(ii) if the business started employing settled workers before reporting under Real Time, a form P35.
This is an unusual case and is not a scenario clearly defined in the Immigration rules.tbardhan wrote: ↑Mon Jul 08, 2019 12:57 pmHi All,
Am hoping to get some advice here regarding the details of job creation for the extension of Tier 1 entrepreneur visa.
My partner established his business in October 2013, but applied for Tier 1 in 2016. Tier 1 visa was first granted to him on 11 June 2016 and runs out on 11 Oct 2019.
In order to score points for job creation for the extension application, he must provide evidence of having employed 2 workers for 12 months having settled status in the UK. The evidence he wants to provide is for people who have been employed by his company since October 2013, and they continue to work for him today.
The Tier 1 Policy Guidance T1 Policy Guidance - Page 30 states:
My questions are as follows:(g) If you took over or joined a business, you must provide a signed and dated letter from an accountant, showing:
(i) the name and contact details of the business,
(ii) your status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs you are relying on to claim points,
(v) the registration or permission of the accountant to operate in the UK,
(vi) the date that the accountant created the letter on your behalf,
(vii) if the business did not employ workers before you took over or joined it, confirmation of this, and
(viii) confirmation that the accountant will verify the contents of the letter to the Home Office on request.
This requirement applies regardless of how long the business existed before you took over or joined it.
(h) if the business in (g) employed workers before you took over or joined it, you must also provide the following documents for the year immediately before you joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by you:
(i) duplicate Full Payment Submission sent under Real Time to HM Revenue & Customs, or
(ii) if the business started employing settled workers before reporting under Real Time, a form P35.
1. Will he be able to use the details of the above-mentioned workers to claim points considering that they were employed before he received his Tier 1 visa?
2. Is it considered that he ‘took over’ or ‘joined a business’ considering he established this business albeit before he applied for Tier 1 visa?
3. Which documents should he provide from the above extract of the policy guidance?
Many thanks in advance for your help.
He was on a dependent visa while I was a student when the company was first established.What visa was he on when he set up the company ?
The most appropriate scenario would be 'investing in an existing business', but the policy guidance makes no reference to investing in the applicant's own existing business, only to 'taking over' or 'joining' an existing business, which I agree, does not apply, and is a grey area.The immigration rules are clear that his business will not be considered a "new business", as it was established more than 12 months before application date.
That would imply that he has to be considered to have joined or taken over the business - which does not make sense here, since he did neither after getting his Tier 1.
Does the Tier 1 visa intend to create TWO new jobs because the default scenario is that applicants would either be establishing a brand new business or taking over an existing (not applicant's own) business? This is indeed an exceptional atypical circumstance and I hope there is room for flexibility in what I hear is a 'check-box' approach to processing such applications.But given that the Tier 1 visa intends to create TWO NEW jobs, I suspect HO will require two jobs to have been created AFTER he got his visa. Which would in turn mean that the employees existing since 2013 cannot be counted towards the job creation at all. So, HO is most likely to not give points for this employment, irrespective of the documents submitted.
Many thanksWhat is a ‘new’ business?
Paragraph 46 of Appendix A, states that a business will only be considered new if “it was established by the applicant no earlier than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to the applicant’s first grant of leave as a Tier 1 (Entrepreneur) Migrant.”
Therefore, if your business is “existing” rather than “new”, the job creation requirement will be a little bit more complicated. You will need to demonstrate, with evidence, the number of people who were employed by your business prior to you joining. You will then need to show that since you joined, you have created a net increase of 2 employees. You will need payroll information and a letter from your accountant to verify the job creation.
In a brand new business, there is automatically TWO NEW jobs created.tbardhan wrote: ↑Mon Jul 08, 2019 4:49 pmHi marcnath,
Does the Tier 1 visa intend to create TWO new jobs because the default scenario is that applicants would either be establishing a brand new business or taking over an existing (not applicant's own) business? This is indeed an exceptional atypical circumstance and I hope there is room for flexibility in what I hear is a 'check-box' approach to processing such applications.But given that the Tier 1 visa intends to create TWO NEW jobs, I suspect HO will require two jobs to have been created AFTER he got his visa. Which would in turn mean that the employees existing since 2013 cannot be counted towards the job creation at all. So, HO is most likely to not give points for this employment, irrespective of the documents submitted.
The literal reading of the rules would only require two new jobs after joining the business, which in your partner's case is October 2013. That is probably a loop hole that can be used but that is the reason I suggested you consult a professionaltbardhan wrote: ↑Mon Jul 08, 2019 4:49 pm
There is one person who we can definitely provide evidence of having been employed in a full-time capacity for more than 12 months. We are currently in the process of working out the combinations for part-time workers to add up to an equivalent of 1 other full-time job.
Incidentally, I found this on the website of an immigration lawyers company:
Many thanksWhat is a ‘new’ business?
Paragraph 46 of Appendix A, states that a business will only be considered new if “it was established by the applicant no earlier than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to the applicant’s first grant of leave as a Tier 1 (Entrepreneur) Migrant.”
Therefore, if your business is “existing” rather than “new”, the job creation requirement will be a little bit more complicated. You will need to demonstrate, with evidence, the number of people who were employed by your business prior to you joining. You will then need to show that since you joined, you have created a net increase of 2 employees. You will need payroll information and a letter from your accountant to verify the job creation.![]()
See below.
UK Visas and Immigration
------
Date
Dear Sir/Madam,
Enclosed is the application for _____________ for me and my dependant.
I believe this application is straightforward, but I would like to clarify and expand on the application where there was some unclarity about the application.
1. Section xx - English language
We are claiming exemption from providing evidence, based on the Tier 1 Guidance which states:
“You can also meet the English language requirement, without the need to provide evidence, if you were last given permission to stay in the UK:
- under Tier 1 (General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain;”
As someone with the last permission as a Tier 1 (Entrepreneur), I would like to claim the points for this without providing evidence.
2. Genuine Entrepreneur Test – I believe the documentation included is sufficient to pass this test. But, here are a few additional points that support the same.
- My Company has been selected to The Department for International Trade’s (DIT) Global Entrepreneur Programme (GEP).
- I was personally requested to travel to Finland as an ambassador of the GEP to be an example and promote UK as a destination for other Entrepreneurs.
- We have raised over 500 K private investment from Angel investors and a Venture capital.
- We have received more than 300 K of European R&D funding
- We have been awarded an US and European patent for which I am personally listed as the Inventor.
I trust the application is complete in all respects and look forward to an early decision on the same as my work requires me to travel frequently.
I may be contacted at nnnnnnn or xxx@yyy.com for any further information/clarification.
Thanking you Address line 1
Line 2
City
Postcode
___Name_______
MAIN APPLICANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
ORIGINAL
DEPENDANT
Xxxx xxxx
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
ORIGINAL
MAIN APPLICANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
COPY
DEPENDANT
XXXXXXX
PASSPORT – 2
BIOMETRIC RESIDENCE PERMIT - 1
COPY
KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK
LIFE IN THE UK TEST PASS CERTIFICATE - 2
XXXXXX
XXXXXXX
ENGLISH LANGUAGE REQUIREMENT
Claiming exemption from providing evidence, based on the Tier 1 Guidance which states:
“You can also meet the English language requirement, without the need to provide evidence, if you were last given permission to stay in the UK:
- under Tier 1 (General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or Tier 1 (Entrepreneur) and are applying for an extension of leave to remain;”
KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK
LIFE IN THE UK TEST PASS CERTIFICATE - 2
XXXXX
XXXX
COPY
Job number: 1
Job title: xxx xxx
Date post created: ___ June 20__
Documents included:
1. Settled worker – Copy of British Passport – 3 Nos.
2. Current Appointment Record – 1 No.
3. Employee Payment Records – 2 Nos.
4. Real Time Full Payment submissions – 15 Nos.
5. Payslips for employees – 14 Nos.
Job number: 2
Job title: xxxx xxxxxx
Date post created: __ January 20__
Documents included:
1. Settled worker – Copy of British Passport – 1
2. Current Appointment Record - 1
3. Real Time Full Payment submissions – 12
4. P30/P32 for Tax year 2015/16 & 2016/17 - 2
5. Payslips for employee – 12
6. FPS for year before employment creation - 12
7. Letter from Accountant – 1
8. FPS showing employee start date - 1
Co-habitation evidence
Documents included:
1. UK Visa and Immigration letter, ___ 2015 – 2 No
2. Council Tax bill – Feb 2016
3. Lease agreement – Feb 2016
4. Council Tax bill – March 2016
5. Water bill – August 2016
6. Water bill – February 2017
Additionally, documents in other sections including, payslips for Applicant and Dependant. Bank statements for Applicant and Dependant.
Own Finances
It was not clear if there was documentation needed for this as the requirement for completing Section 5 was unclear. Having completed Section 5, also including it.
Documents included:
1. Three month payslips for Applicant
2. Three month payslips for Dependant
Additionally, documents in other sections including, bank statements for Applicant and Dependant.
Job number: 1
Job title: ___ _____
Date post created: __ June 20__
Documents included:
1. Settled worker – Copy of British Passport – 3 Nos.
2. Current Appointment Record – 1 No.
3. Employee Payment Records – 2 Nos.
4. Real Time Full Payment submissions – 15 Nos.
5. Payslips for employees – 14 Nos.
COPY
Job number: 2
Job title: XXXX XXXXX
Date post created: __ January 20__
Documents included:
1. Settled worker – Copy of British Passport – 1
2. Current Appointment Record - 1
3. Real Time Full Payment submissions – 12
4. P30/P32 for Tax year 2015/16 & 2016/17 - 2
5. Payslips for employee – 12
6. FPS for year before employment creation - 12
7. Letter from Accountant – 1
8. FPS showing employee start date - 1
COPY
Co-habitation evidence
Documents included:
1. UK Visa and Immigration letter, ___ 2015 – 2 No
2. Council Tax bill – Feb 2016
3. Lease agreement – Feb 2016
4. Council Tax bill – March 2016
5. Water bill – August 2016
6. Water bill – February 2017
Additionally, documents in other sections including, payslips for Applicant and Dependant. Bank statements for Applicant and Dependant.
COPY
Own Finances
It was not clear if there was documentation needed for this as the requirement for completing Section 5 was unclear. Having completed Section 5, also including it.
Documents included:
1. Three month payslips for Applicant
2. Three month payslips for Dependant
Additionally, documents in other sections including, bank statements for Applicant and Dependant.
COPY
Maintenance Fund
XXX XXXX
Documents included:
1. Statements - XX Bank – 8 Sheets
2. Statements – XXBank – 22 Sheets
3. Letter from XXBank – 1
XXX XXXX
Documents included:
1. Statements – XXX Bank – 2 Sheets
Maintenance Fund
XXX XXXX
Documents included:
4. Statements - XXX Bank – 8 Sheets
5. Statements – XXBank – 22 Sheets
6. Letter from XXBank – 1
XXX XXXX
Documents included:
2. Statements – XXX Bank – 2 Sheets
COPY
They are the records of payment to employees !!