Employee Requirements

[Aaina]

Another query please, some of the jobs we have created went on furlough but they are meeting the 12 month requirement. The application asks for the first date the employee started and if its continued, how would the home office distinguish between the furlough period and the months we are using for the job creation. thanks

[marcnath]

Another query please, some of the jobs we have created went on furlough but they are meeting the 12 month requirement. The application asks for the first date the employee started and if its continued, how would the home office distinguish between the furlough period and the months we are using for the job creation. thanks

They can't unless the payslips have some indication of that. So you should just add that into the cover letter.

[Aaina]

Okay sure, Thanks ever so much.

Regards
Aaina

[Aaina]

Hi,

There is a solicitor I just spoke to who said we cant apply until a month before the visa expires ( visa expiry date is 20th Jan for my dad). I thought we could do anytime after 3 years and my dad has been here 3 years 1 month and is fulfilling the criterias.

Thanks
Aaina

[zimba]

Hi,

There is a solicitor I just spoke to who said we cant apply until a month before the visa expires ( visa expiry date is 20th Jan for my dad). I thought we could do anytime after 3 years and my dad has been here 3 years 1 month and is fulfilling the criterias.

Thanks
Aaina

That is rubbish

[Aaina]

Okay, not hiring him:-) I was hoping someone could just check the documents for that extra peace of mind... Phew! Thanks

[Aaina]

Hi,

The Tier 1 guide mentions that we need to get a letter from the bank saying that:

- A letter from Business Bank confirming you are signatory on the account, evidence to show business premises in the UK and that the business is subject to the UK taxation.

The manager in the bank said that they will be happy to write a letter but they are not authorised to write that "the business is subject to UK taxation"

Will this be an issue?
Obviously our business is based here and subject to UK taxation.. so why does the HO want something like thsi from the bank.

Thanks
Aaina

[marcnath]

Hi,

The Tier 1 guide mentions that we need to get a letter from the bank saying that:

- A letter from Business Bank confirming you are signatory on the account, evidence to show business premises in the UK and that the business is subject to the UK taxation.

The manager in the bank said that they will be happy to write a letter but they are not authorised to write that "the business is subject to UK taxation"

Will this be an issue?
Obviously our business is based here and subject to UK taxation.. so why does the HO want something like thsi from the bank.

Thanks
Aaina

That is not a mandatory requirement. It is one of a few options. Others are much easier.

[Aaina]

Yes, You are right, the first one is:
i) printout of the companies house documents
ii) HMRC confirmation or equivalent evidence that the company is registered for corporation tax
iii) letter from the bank detailed in my previous post.

I thought we have to provide all three? as it doesnt say "OR" in their guidance anywhere. Thanks

[marcnath]

Yes, You are right, the first one is:
i) printout of the companies house documents
ii) HMRC confirmation or equivalent evidence that the company is registered for corporation tax
iii) letter from the bank detailed in my previous post.

I thought we have to provide all three? as it doesnt say "OR" in their guidance anywhere. Thanks

Not sure where you are getting this from? Can you copy and paste the exact section from the guidance or point to the page number/section in the guidance which states this?

[Aaina]

Hi Marcnath,

https://assets.publishing.service.gov.u ... V_1019.pdf

Page 27:
Apologies, I just realised they have updated the last point as I was reading from an old print out of the guidance but this also doesn't say OR anywhere.

b) If you are a director of a UK company or member of a UK partnership, you must provide:
(i) printouts of Companies House documents, dated no earlier than three months
before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it
has no registered office,
(2) your name, as a director or member,
(3) the date of your appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in
liquidation),
(ii) HM Revenue & Customs’ confirmation or equivalent evidence that the company is
registered for corporation tax (if you are a director of the company), or that you are
making tax returns within the self-assessment tax system (if you are a member of a
partnership),
and
(iii) a business bank statement from a UK account which shows business transactions
or a letter from the UK bank in question on its headed paper, confirming that the
company or partnership has a bank account, that you are a signatory of that account,
and that the company or partnership uses that account for the purposes of their
business

[Aaina]

Hi,

Re the business bank account statements to be submitted - do they need to be for the entire three years?

Thanks
Aaina

[marcnath]

Hi Marcnath,

https://assets.publishing.service.gov.u ... V_1019.pdf

Page 27:
Apologies, I just realised they have updated the last point as I was reading from an old print out of the guidance but this also doesn't say OR anywhere.

b) If you are a director of a UK company or member of a UK partnership, you must provide:
(i) printouts of Companies House documents, dated no earlier than three months
before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it
has no registered office,
(2) your name, as a director or member,
(3) the date of your appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in
liquidation),
(ii) HM Revenue & Customs’ confirmation or equivalent evidence that the company is
registered for corporation tax (if you are a director of the company), or that you are
making tax returns within the self-assessment tax system (if you are a member of a
partnership),
and
(iii) a business bank statement from a UK account which shows business transactions
or a letter from the UK bank in question on its headed paper, confirming that the
company or partnership has a bank account, that you are a signatory of that account,
and that the company or partnership uses that account for the purposes of their
business

You seem to have missed the OR, as highlighted above.

You just need one bank statement

[Aaina]

Oh yes, Thanks for pointing it out.

When you say one bank statement - you mean just recent one month?

[marcnath]

Oh yes, Thanks for pointing it out.

When you say one bank statement - you mean just recent one month?

It does not specify - any month should be fine

[Aaina]

Okay cool. Thank you

Apologies to drip feed the queries as I am getting all the documents ready.

1) do we need to provide accounts for all three years?
2) Printout of companies filing history page of your personal appointments - do they mean a screenprint of that page? or personal appointments document?
3) when i was filling the application online - it even asked for p45/p60 of the employees? Is this a new requirement as it isn't mentioned in the guidance anywhere
4) Lastly, we have passport copies for all employees - I hope we wont need to submit the birth certificate for anyone born before 1983.
5) do you know how much time the usual applications are taking on an average as per this forum(I know they specify 8 weeks) as they keep the passport and the person cant travel.

Thanks
Aaina

[marcnath]

Okay cool. Thank you

Apologies to drip feed the queries as I am getting all the documents ready.

1) do we need to provide accounts for all three years?
2) Printout of companies filing history page of your personal appointments - do they mean a screenprint of that page? or personal appointments document?
3) when i was filling the application online - it even asked for p45/p60 of the employees? Is this a new requirement as it isn't mentioned in the guidance anywhere
4) Lastly, we have passport copies for all employees - I hope we wont need to submit the birth certificate for anyone born before 1983.
5) do you know how much time the usual applications are taking on an average as per this forum(I know they specify 8 weeks) as they keep the passport and the person cant travel.

Thanks
Aaina

1) No
2) No, you need the CAR-Current Appointments Report. You can dowload it at http://wck2.companieshouse.gov.uk//wcfr ... ompanyInfo
3) Not needed
4) No
5) No. You can check the Timeline topic

[Aaina]

Thank you - so helpful!

so point 1) is it just the first year accounts where the whole investment will be shown as Directors Loan. Also I remember, our accountant did not accidentally put directors loan - so I have asked him to edit the document. The figures remain the same - just addition of that wording as per the rules. Hope that wont be an issue? Do you think we should explain in a cover letter?

[marcnath]

Thank you - so helpful!

so point 1) is it just the first year accounts where the whole investment will be shown as Directors Loan. Also I remember, our accountant did not accidentally put directors loan - so I have asked him to edit the document. The figures remain the same - just addition of that wording as per the rules. Hope that wont be an issue? Do you think we should explain in a cover letter?

If the entire investment was made in the 1st year, it does not really matter - any of your accounts will show the investment.

[Aaina]

Okay, Thanks you

[Aaina]

Hi,

I had put this clause in the director's loan agreement that:

The duration of loan agreement will be for 10 years and renewable for another five years with the consensus of both the parties depending upon the profitability index of a company.

My accountant is not happy with the clause and says that I should ideally put repayable as soon as the company starts making profit, would you agree?

Thanks
Aaina

[marcnath]

Hi,

I had put this clause in the director's loan agreement that:

The duration of loan agreement will be for 10 years and renewable for another five years with the consensus of both the parties depending upon the profitability index of a company.

My accountant is not happy with the clause and says that I should ideally put repayable as soon as the company starts making profit, would you agree?

Thanks
Aaina

I am no expert on accounting practices and this is not the forum to ask for that particular issue. This has nothing to do with immigration rules which does not care whether that clause is worded that way or not

[Aaina]

Okay Thank you.

[Aaina]

Hi,

I have asked my accountant to provide the RTIFPS and he has provided a document which just mentions:
these columns:

Month, Operator, Date and Time, Outcome, unique ID, Number of Employees Paid, Total Tax deducted, Total Employees NI for that month, Total Employers NI for that month, Student Loan, Final Submission

Is that how RTFPS looks like, I do have wage slips but I thought RTFPS will also mention individual employees names etc. and hence checking.

Thanks
Aaina

[marcnath]

Hi,

I have asked my accountant to provide the RTIFPS and he has provided a document which just mentions:
these columns:

Month, Operator, Date and Time, Outcome, unique ID, Number of Employees Paid, Total Tax deducted, Total Employees NI for that month, Total Employers NI for that month, Student Loan, Final Submission

Is that how RTFPS looks like, I do have wage slips but I thought RTFPS will also mention individual employees names etc. and hence checking.

Thanks
Aaina

You are right- it should include all of that information for each employee separately