Priority service for ILR from Tier 1 entrepreneur

[zimba]

We do not know but they might make any periodic checks. For example, if for 4 weeks you paid the employee some salary with a specific hourly rate, then they can calculate roughly how many hours per week on average that was. I think you should not overthink this

[MarkCa]

We do not know but they might make any periodic checks. For example, if for 4 weeks you paid the employee some salary with a specific hourly rate, then they can calculate roughly how many hours per week on average that was. I think you should not overthink this

Ok, so if the same employee worked for 3 years and I chose continuous period for claiming points (for example 12 months from March 2019 to March 2020), they might still look at shorter individual periods of that claim for that employee (for example may 2019 to september 2019)?

I am aware that these are quite rare questions, but better to know than not.

Also, I will be applying with 13 jobs, out of which 2 were managers who worked over 48 hours per week (I will write that they were making rota themselves which is true, so hopefully it will not be an issue) and then this job which overall had more than 30 hours (with some periods when it was less), and also this job entered furlough period and received furlough pay based on 31 hours per week.

I am hoping these 3 will be ok, but in case they are not, does that mean that if other 10 are fine I will still score points?

[zimba]

The rules are based on minimal requirements. Anything above that is ignored. So if you created enough jobs meeting the min then you will be ok

[MarkCa]

Ok, then I will send all 13 and hope that as many as possible are fine.

Regarding the Director's loan, I gave it to company when it really needed it and then repaid it to myself a year later when company didn't need it (I will send all bank accounts confirming this).

That being said, regarding the loan wording, should I put it:

1. That the loan duration is for 1 year and will be repaid only if there are no other loans (due to subordination) and the company has enough funds to repay it and continue trading at the same level

Or

2. Loan is for 5 years but can be repaid earlier if there are no other loans (due to subordination) and company can continue trading normally.

Which wording should I use? Since I repaid it in 12 months, I am not sure what is better.

[zimba]

A loan agreement should be made before a loan is given to company, no ? It really does not matter which wording you use. Again the rules do not mention anything

[MarkCa]

A loan agreement should be made before a loan is given to company, no ? It really does not matter which wording you use. Again the rules do not mention anything

Yes, I never saw any more specific guidance in regards to loan terms.

Also, for accounts, it says in guidance (page 14) that I need to provide accounts showing the loan. For me, those would be accounts covering period 1.3.2019. until 29.2.2020.

Should I provide later accounts as well or no need?

I read the guidance and only saw requirement for accounts that would show the loan, but I would be happy if I could get confirmation of this.

[zimba]

No one will give you a loan without an agreement. This is the norm. This has nothing to do with immigration rules. Tier 1E rules only accept a certain type of loan for the award of points

You can provide only the accounts covering the loan period

[MarkCa]

Yes, I am aware that Director's loan must have specific points, so I will keep an eye on that.

Thanks for answering the question about accounts.

I have something interesting to share that might help others. I am trying now for 10 days to get super priority with no luck. So, I started thinking if maybe I got some block from their website for my IP address or what could it be as I tried over a thousand times. Anyway, me and my wife are both trying, me for ILR set(o) and she is refreshing for PBS dependant extension. Both without any luck.

So, we called our friend to join us last night and we created a dummy set(m) application to see what will happen. He was refreshing that one, same ip address as us. Anyway, at 12:00 he got super priority and we still didn't. So, it seems that they award them randomly for different applications and that for my it really didn't come up for 10 days.

Was there anyone from this forum who secured super priority after tier 1 entrepreneur?

I saw some threads over the past few months, but all of them never mentioned super priority and got decisions within a few days.

[zimba]

Yes, I am aware that Director's loan must have specific points, so I will keep an eye on that.

Thanks for answering the question about accounts.

I have something interesting to share that might help others. I am trying now for 10 days to get super priority with no luck. So, I started thinking if maybe I got some block from their website for my IP address or what could it be as I tried over a thousand times. Anyway, me and my wife are both trying, me for ILR set(o) and she is refreshing for PBS dependant extension. Both without any luck.

So, we called our friend to join us last night and we created a dummy set(m) application to see what will happen. He was refreshing that one, same ip address as us. Anyway, at 12:00 he got super priority and we still didn't. So, it seems that they award them randomly for different applications and that for my it really didn't come up for 10 days.

Was there anyone from this forum who secured super priority after tier 1 entrepreneur?

I saw some threads over the past few months, but all of them never mentioned super priority and got decisions within a few days.

Very likely the teams that deal with each visa route have different capacities. This has been repeated several times. Not everything is a conspiracy

[MarkCa]

Hahaha I never meant it will be conspiracy but some sites have safety features for spam so they can block if too many refreshes are done. It happened to me once on gmail.

I have one part time employee (lets say employee B) who I never really thought about using for claiming points, but now that I think of that job which had 31 hours average on 12 months (but also some periods that were bellow 30 hours, lets say this is employee A), should I maybe send payslips for this part timer (employee B) as well and then write that based on my calculation that job A with 31hours qualifies as full time job over 12 months but if they are using different calculations and see it as part time job, I would like to still claim points based on two part time jobs (with this extra part time person)?

Therefore, I would be sending Job A as full time and Job B as part time in case job A is not enough.

Is there any downside to doing this?

[zimba]

No downsides so add all your employees who you can claim points for

[MarkCa]

No downsides so add all your employees who you can claim points for

Thanks for really quick answer.

I will add this part-timer as well then. Should I add her as independent from other jobs and then mention that I would like to join her with Person A only if needed or should I add her immediately to that job?

Also, two part timers can perform different jobs right? How should I write that as job position?

[zimba]

Part time positions should be separate and last for 12 months

[MarkCa]

I understand, but what I meant is can it be any two part time positions? For example, it is ok if one part timer was working 12 months as waiter and another 12 months as chef?

The reason why I am asking is that for every job I need to write a job title (waiter, barista, chef, manager etc) but what should I then write as title for job that is created of two different part time jobs?

[zimba]

Yes.

[MarkCa]

Yes.

Thank you!

I would also like to improve my chances on investment side. I have investment in high enough amount from 3rd party investor. Therefore, I will be sending both director's loan and this for investment category, again, with approach that there should be no downside to this and only upside is possible in case something is not up to their liking with director's loan.

Again, I clearly read the guidance. It says the following on page 14 regarding the investment:

(c) The audited or unaudited accounts must show the investment in money made directly in the business by one or more of the following:
(i) you, in your own name,
(ii) one or more seed funding competitions or UK or Devolved Government Departments, where that body has been authorised by the UK Government Department or Devolved Government Department for the specific purpose of establishing or expanding UK businesses. The London Co-Investment Fund and Scottish Enterprise are examples of intermediary public bodies, and the accounts must be accompanied by a letter from the source, confirming that the investment was made on your behalf, or
(iii) a third party other than those in (ii), and the accounts must either:
(1) confirm that the investment was made as a result of the applicant’s activity, or
(2) be accompanied by a letter from the Department for International Trade, confirming that the investment was made as a result of the applicant’s activity;”

When it says that accounts must confirm it was as a result of applicant's activity (point (1)), what would be the proof for this? Which document should I send or what note should I write?

[zimba]

THis means that they gave the investment to YOU. The accounts must mention your name as the recipient

[MarkCa]

And if they invested in my company?

Let's say I started company named aaa when I came to the UK and that is the company I am using for this aplication. So, I started it (as new company) and was 100% owner until that company came and made the investment. They received shares and became minority owner.

Therefore

1. I started company aaa and had 100 shares
2. Investor invested in aaa and received 50 shares (new shares issued, all reported to companies house, investment funds paid from investor to aaa' s business bank account
3. Now I am the director and 2/3 owner (100 shares of 150) and investor is 1/3 owner.

Investor paid enough funds for me to score points.

How do I claim points for this? Is there a way since investor invested in company I started and prior to investment owned 100%?

Thanks!

[zimba]

The guide tells you all the evidence you need for third parties investment. What you highlighted only concern the wording in the accounts. There is no limitation in such investment

[MarkCa]

The guide tells you all the evidence you need for third parties investment. What you highlighted only concern the wording in the accounts. There is no limitation in such investment

Thanks for the response.

I read the guide multiple times but I am not sure where to see this?

It mentions that accounts should show the investment which is fine I guess. Investments is clearly shown as share capital in balance sheet in both accounts from the accountant as well as in public information submitted to companies house.

However, I never saw that accounts have name in themselves? Usually if you have amount it is under share capital, not separate lines showing share capital for that person in that amount and this person in this amount.

So, if I submit accounts showing amount of share capital invested, and then provide SH01 form which was submitted to companies house showing exact same number as payment toward the company, would this qualify me for points? To be clear, investor invested in a company I started, so investment was not under my name, but for a company I 100% owned at the moment of the investment.

Obviously, investment would be as a result of my (applicant's) activity, as there was no other party involved at that moment.

Should I send accounts showing share capital, form SH01 (and link towards companies house) and letter from the accountant explaining this? Would that be enough?

[MarkCa]

Sorry, I would just add also a banks statement showing that funds arrived and I have letter from bank manager.

Therefore, for investment from third party investor, I would give:

1. Accounts (balance sheet) showing share capital (but just share capital, not names as well)
2. SH01 form showing the issue of shares to the investor and that I am the only other share owner (meaning I was the only share owner prior to the investment)
3. Bank account showing that investment arrived
4. Letter from branch manager confirming that they checked source of funds (investor is overseas company) prior to taking the investment
5. Letter from the accountant explaining that shares were issued to the investor after I started the company and as a result of my business activity

Is that it or there is something else?

And just to confirm, I will send Director's loan but just as backup I can send this as well since this should also qualify as enough to score points if whatever is wrong with Director's loan. Investment amount was more than required to score points if this type of investment is acceptable.

[zimba]

I don't see why this would not be enough

[MarkCa]

I don't see why this would not be enough

Perfect, thank you. I have my final questions regarding this:

1. Should I send all these documents separately or should I create one document which would contain all of them? In case of one document, I would write on the first page what it contains and page numbers, but I am not sure if it is ok to add letter from the accountant and letter from the bank manager as part of this or it is more professional if these are separate documents?

2. In my application, I marked that I invested amount that is on my Director's loan and that I will send evidence of this. I did not add share capital from 3rd party investor, as I was hoping to add this as supporting evidence that would be necessary only in case something is wrong with Director's loan. Should I add this investment amount into the application itself (so application contains both Director's Loan and Share capital) or I can keep Director's loan only and then send this as supporting evidence? Basically, I just want to have a situation where either one of these will bring me points (if one is not good but the other one is I still get points) and not to create a situation where if I send both and only one is not good, case worker says that this part failed. I know that sending too much can often hurt so I would like to avoid that. How should I present it then in the application and supporting documents?

[zimba]

How you represent the evidence is irrelevant. The caseworker needs to assess if you meet the requirements as per rules. I suggest not sending a lot of unnecessary documents. Be precise and be on point

[MarkCa]

How you represent the evidence is irrelevant. The caseworker needs to assess if you meet the requirements as per rules. I suggest not sending a lot of unnecessary documents. Be precise and be on point

Ok, thanks