Director's Loan agreement and Fund transfer

[tier1entrepreneur-A]

Hi Team,

I would like your advice with regards to the following:

I have two businesses, company X and Y (totally different businesses), and each have it's own account and business bank account,

I have one employee (A) has been working with me in company X FT for over 12 months period, and I would like to use him on company Y as FT (and he will leave company X and will be working for company Y only),

In case employee (A) works with me in company Y for 12 months or more FT, does this will be counted as TWO FT positions and fulfill HO requirements?

Thanks in advance for your support.

Best Regards.

Will the employee being doing the same job ?

It does feel like two jobs, but since the immigration rules do not specifically define what a "job" is, HO can challenge this.

Given it is so easy to set up and close companies in the UK, if HO allows this, people can just start one company employ someone and then next year start a new company and move the person over. Which is then against their objective of creating two separate jobs. So I expect they will try to challenge this.

Thanks marinate for your reply, it's much appreciated,

It will be different job, and both companies will continue running (different business type),

Best Regards.

[tier1entrepreneur-A]

Thanks marcnath for your reply, it's much appreciated,

It will be different job, and both companies will continue running (different business type),

Best Regards.

[tier1entrepreneur-A]

Hi Team,

I have an opportunity to do some business with a business located in another country (Country "A"),

If the case is as following, Is it will be acceptable by HO:

My company "UK" will have an agreement with company "Overseas company" based in country "A" (type of the business will be to fabricate/manufacture and exporting a product to another country "B"), and the agreement duration between my company "UK" and company "Overseas company" will be for 12 or 18 months period.

My UK company "UK" will transfer the money from its business bank account in the UK to company "Overseas company" in its business bank account in country "A",

The profit will be transferred from company "Overseas company" business bank account to my UK company "X",

I will make a few trips to country "A" and country "B" to follow up with my business.

Does that business will have an issue later on during my extension?

It's a real business, and all the transaction will be between business bank accounts (between my UK company from one side, with the other overseas company (not my own company))

Looking forward to hearing from you,

Thanks in advance.

[marcnath]

Hi Team,

I have an opportunity to do some business with a business located in another country (Country "A"),

If the case is as following, Is it will be acceptable by HO:

My company "UK" will have an agreement with company "Overseas company" based in country "A" (type of the business will be to fabricate/manufacture and exporting a product to another country "B"), and the agreement duration between my company "UK" and company "Overseas company" will be for 12 or 18 months period.

My UK company "UK" will transfer the money from its business bank account in the UK to company "Overseas company" in its business bank account in country "A",

The profit will be transferred from company "Overseas company" business bank account to my UK company "X",

I will make a few trips to country "A" and country "B" to follow up with my business.

Does that business will have an issue later on during my extension?

It's a real business, and all the transaction will be between business bank accounts (between my UK company from one side, with the other overseas company (not my own company))

Looking forward to hearing from you,

Thanks in advance.

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

[tier1entrepreneur-A]

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

Thanks marcnath,

It will be actually cooperation between both companies to cover the market in country "B" needs.

It's Ok with HMRC, but I just wondering if at any point the HO can have any issue with it, as the money will be transferred to another company in another country.

Looking forward to hearing from you,

Thanks in advance.

[marcnath]

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

Thanks marcnath,

It will be actually cooperation between both companies to cover the market in country "B" needs.

It's Ok with HMRC, but I just wondering if at any point the HO can have any issue with it, as the money will be transferred to another company in another country.

Looking forward to hearing from you,

Thanks in advance.

I have not gone back through the whole thread and I don't recall your situation entirely.

But the only thing that I can imagine would have an impact is clause 245D(c)(ii) where the money invested excludes investing in businesses, other than those which the applicant is running as self-employed or as a director

I can't assess whether it applies in this specific case as there are a number of issues - is it the investment money, is it an investment in other business and so on.

You seem to indicate that is not the case but you know your business - I don't.

[tier1entrepreneur-A]

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

Thanks marcnath,

It will be actually cooperation between both companies to cover the market in country "B" needs.

It's Ok with HMRC, but I just wondering if at any point the HO can have any issue with it, as the money will be transferred to another company in another country.

Looking forward to hearing from you,

Thanks in advance.

I have not gone back through the whole thread and I don't recall your situation entirely.

But the only thing that I can imagine would have an impact is clause 245D(c)(ii) where the money invested excludes investing in businesses, other than those which the applicant is running as self-employed or as a director

I can't assess whether it applies in this specific case as there are a number of issues - is it the investment money, is it an investment in other business and so on.

You seem to indicate that is not the case but you know your business - I don't.

Thank marcnath.

[tier1entrepreneur-A]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

[marcnath]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

[tier1entrepreneur-A]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

Thanks marcnath for your reply, it's much appreciated,

That will be great,

So in my dependant case, They can have 8 months as dependants under non point based visa, and then 4 years and 4 months as a dependants under Tier 1 entrepreneur visa,

Have you got any reference for that, that will be really helpful.

Thanks in advance,

[marcnath]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

Thanks marcnath for your reply, it's much appreciated,

That will be great,

So in my dependant case, They can have 8 months as dependants under non point based visa, and then 4 years and 4 months as a dependants under Tier 1 entrepreneur visa,

Have you got any reference for that, that will be really helpful.

Thanks in advance,

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

[tier1entrepreneur-A]

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

[marcnath]

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

[tier1entrepreneur-A]

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

Thanks marcnath, really much appropriated,

For myself, offshore worker stay period doesn't count toward the qualified period for ILR,

But I'm wonder if for wife and kids, it all classified as dependent visa, and they have switched within the UL between the first visa and the second one as both dependant visa.

WRT kids, you have mentioned that no continuous stay criteria for kids, does this mean that once I receive my ILR under the 5 year rout or the 3 year rout (accelerated rout) I will be able to apply for them for ILR doesn't matter how many days they stayed in the UK?, and only my wife who needs to stay for 5 years to apply for ILR with max 180 days absence in any 12 month period (as per 8th Jan 2018 update)

Looking forward to hearing from you.

Thanks in advance.

[marcnath]

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

Thanks marcnath, really much appropriated,

For myself, offshore worker stay period doesn't count toward the qualified period for ILR,

But I'm wonder if for wife and kids, it all classified as dependent visa, and they have switched within the UL between the first visa and the second one as both dependant visa.

WRT kids, you have mentioned that no continuous stay criteria for kids, does this mean that once I receive my ILR under the 5 year rout or the 3 year rout (accelerated rout) I will be able to apply for them for ILR doesn't matter how many days they stayed in the UK?, and only my wife who needs to stay for 5 years to apply for ILR with max 180 days absence in any 12 month period (as per 8th Jan 2018 update)

Looking forward to hearing from you.

Thanks in advance.

Having looked into it further, I find that>

Subject to normal visa requirements, off-shore workers are allowed to live in the United Kingdom during their shore leave outside the immigration rules. Their dependants are also exceptionally allowed to base themselves in the United Kingdom.

It appears that that "visa" is outside immigration rules, so it would not count towards the five years for the dependants. Sorry about that.

While there is no continuous stay requirement for children, the minimum requirement is that both parents have to have ILR or be applying for ILR. So, in effect, they only qualify when your partner does. There are no absence criteria for kids.

[tier1entrepreneur-A]

Having looked into it further, I find that>

Subject to normal visa requirements, off-shore workers are allowed to live in the United Kingdom during their shore leave outside the immigration rules. Their dependants are also exceptionally allowed to base themselves in the United Kingdom.

It appears that that "visa" is outside immigration rules, so it would not count towards the five years for the dependants. Sorry about that.

While there is no continuous stay requirement for children, the minimum requirement is that both parents have to have ILR or be applying for ILR. So, in effect, they only qualify when your partner does. There are no absence criteria for kids.

Thanks marcnath for your valuable efforts and advice, it' really much appreciated.

All noted.

Have a good day.

[tier1entrepreneur-A]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

[tier1entrepreneur-A]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

[marcnath]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

option 3

[tier1entrepreneur-A]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

[bizman]

This is new to me and I have not heard about anybody that had the same experience, I however think since MA is statutory then it will not be a problem, she is still in your employment only on maternity leave which is legally paid for by government. I believe if you can get evidences of payments she had from government and you explain the circumstance in a covering letter to HO, you should be ok.

[marcnath]

There was a case here that was rejected initially but approved on AR.

Since the requirement is to create a job paid as per regulations, not necessarily to pay X amount, it is my view that it should be accepted.

[grreg]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

Hi tier1entrepreneur - did you get an answer regarding your staff member on Maternity Leave? I have the same situation. Would appreciate if you have any info about that.

Greg

[tier1entrepreneur-A]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

Hi tier1entrepreneur - did you get an answer regarding your staff member on Maternity Leave? I have the same situation. Would appreciate if you have any info about that.

Greg

Hi Greg,

In my case, the employee will return back after her leave and will continue working for me, and she will be over two years working with me before my visa extension application submission, so I plan to ignore the 9 months leave, and I will submit other 12 months payslips, just to be safe

Best Regards.

[tier1entrepreneur-A]

Hi Team,

One of my employee "A" is working in job role X for over a year, and I need to use him in another job role Y within the same company, It will be different job roles and job description, totally different tasks.

My question is:

Am I will be able to classify it as two jobs during my accelerated ILR application (even if he is the same employee)?

(FYI, I have other employees working on my company other than that employee)

Do I will have to submit his document twice on the accelerated ILR application, one with each job role, and included job description?

Thanks in advance for your support.