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Director's Loan agreement and Fund transfer

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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bizman
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Re: Director's Loan agreement and Fund transfer

Post by bizman » Sun Aug 18, 2019 11:56 am

They are not classified as RTI/FPS. Why don’t you ask your accountant to submit Full Payment submission for you monthly to HMRC. It Real Time Information. This is very essential for both your extension and ILR.
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Re: Director's Loan agreement and Fund transfer

Post by tier1entrepreneur-A » Sun Aug 18, 2019 9:08 pm

bizman wrote:
Sun Aug 18, 2019 11:56 am
They are not classified as RTI/FPS. Why don’t you ask your accountant to submit Full Payment submission for you monthly to HMRC. It Real Time Information. This is very essential for both your extension and ILR.
Many thanks bizman for your clarification, it's much appreciated, I will push to have the RTI/FPS document from him, I thought P32 may be an alternative which is not.

Thanks again.

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Job Creation - Document to submit (FPS)

Post by tier1entrepreneur-A » Mon Aug 19, 2019 2:34 am

Hi Team,

My main company -I'm the only director/shareholder- accountant send to me monthly the FPS document including all the company employees, which is a document of 5 pages every month. I have asked my accountant if she can have FPS for each employee separately, but she told me that the FPS she submit to HMRC should include all the company employees and she cannot split it.

Wrt the documents I will need to submit for each job created, I understand that it will include the FPS and payslips for the qualified 12 month period.

This will mean that for each job I have to submit the following:
FPS X 12 month (which will be in my case 5 pages X 12 = 60 pages)
Payslips X 12 month = 12 pages

I'm planning to make a file for each Job created including FPS, payslips, passport copy, confirmation of first day of employment (which stated on the first FPS after employing this employee), P60 ... which will mean that in my case I will need to submit approx. 70 pages file for each job created ..

Is my understanding right, or I miss something?

Thanks in advance.

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Re: Director's Loan agreement and Fund transfer

Post by bizman » Mon Aug 19, 2019 2:42 pm

Your accountant is right, you just need to submit twelve FPS for the employees depending on your circumstance as it includes all the employees for each month. In situations where the employees worked at different times say one works from January to a December and the other from March of the same year to February the next year, it will be more than twelve to cover both.
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Job Creation - Document to submit (FPS)

Post by tier1entrepreneur-A » Mon Aug 19, 2019 7:23 pm

Thanks bizman,

Does this will mean that submitting around 70 pages for each job created will be normal?

Sure it will be ok from my side, I just will scan them and organize them with a cover letter(s), but I'm asking if this is what everyone do to submit all these pages to HO/CW.

Thanks in advance.

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Re: Job Creation - Document to submit (FPS)

Post by marcnath » Mon Aug 19, 2019 8:48 pm

tier1entrepreneur-A wrote:
Mon Aug 19, 2019 7:23 pm
Thanks bizman,

Does this will mean that submitting around 70 pages for each job created will be normal?

Sure it will be ok from my side, I just will scan them and organize them with a cover letter(s), but I'm asking if this is what everyone do to submit all these pages to HO/CW.

Thanks in advance.
Yes, all FPS pages need to be submitted.

There is no requirement to submit all of those multiple times (1 with each job). That is your own preference of how you want to organise it.

HO only needs one set of those FPS documents.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Job Creation - Document to submit (FPS)

Post by tier1entrepreneur-A » Mon Aug 19, 2019 9:07 pm

marcnath wrote:
Mon Aug 19, 2019 8:48 pm
tier1entrepreneur-A wrote:
Mon Aug 19, 2019 7:23 pm
Thanks bizman,

Does this will mean that submitting around 70 pages for each job created will be normal?

Sure it will be ok from my side, I just will scan them and organize them with a cover letter(s), but I'm asking if this is what everyone do to submit all these pages to HO/CW.

Thanks in advance.
Yes, all FPS pages need to be submitted.

There is no requirement to submit all of those multiple times (1 with each job). That is your own preference of how you want to organise it.

HO only needs one set of those FPS documents.

Excellent.

Many thanks marcnath for your clarification, much appreciated.

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Joining an exiting business

Post by tier1entrepreneur-A » Sun Aug 25, 2019 6:23 am

Hi Team,

I have joined as a director for an existing business, on the day of my joining, the business has NO EMPLOYEE, and I asked the accountant to provide me a letter from him confirming that there was no employee on the company pre my joining date, which he did.

My question is: Is this letter will be sufficient for HO to prove that pre my joining date the business has no employee?

Thanks in advance.

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Re: Director's Loan agreement and Fund transfer

Post by bizman » Sun Aug 25, 2019 11:11 am

Of course it is the requirement, however it depends on the wordings of the letter. If it takes care of the requirement it should be fine
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Joining an existing business

Post by tier1entrepreneur-A » Sun Aug 25, 2019 9:24 pm

bizman wrote:
Sun Aug 25, 2019 11:11 am
Of course it is the requirement, however it depends on the wordings of the letter. If it takes care of the requirement it should be fine
Many thanks bizman for your reply, it's much appreciated,

Yes, the letter matches with the wordings as per the guide,

I was just wondering if i need any other document in addition to the accountant letter.

Best Regards.

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Re: Joining an existing business

Post by marcnath » Wed Aug 28, 2019 5:00 am

tier1entrepreneur-A wrote:
Sun Aug 25, 2019 9:24 pm
bizman wrote:
Sun Aug 25, 2019 11:11 am
Of course it is the requirement, however it depends on the wordings of the letter. If it takes care of the requirement it should be fine
Many thanks bizman for your reply, it's much appreciated,

Yes, the letter matches with the wordings as per the guide,

I was just wondering if i need any other document in addition to the accountant letter.

Best Regards.
If the business had employees before, it might be possible to also provide a copy of the Notification to HMRC of when the employees ceased. It is not necessary but just useful.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Joining an existing business

Post by tier1entrepreneur-A » Fri Aug 30, 2019 8:08 am

marcnath wrote:
Wed Aug 28, 2019 5:00 am

If the business had employees before, it might be possible to also provide a copy of the Notification to HMRC of when the employees ceased. It is not necessary but just useful.
Thanks marcnath for your reply, it's much appreciated.

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EU Employee - Breixt

Post by tier1entrepreneur-A » Fri Aug 30, 2019 8:23 am

Hi Team,

I have two part time employee, employee A started joined the company in May 2018, and employee B joined in Mar 2019 (both of them doing the same job, and holding EU passport)

My understanding is that both of them should be employed on the same period to allow me to be able to combine the two PT employee to make one full time job, which in my case as described above will not happen until end of Feb 2020 (which will be the time employee B will complete his 12 month working period), is this correct?

My second question, in case of brexit with no deal in Oct 2019, does both employee as EU passport holders will remain to be classified as settled worker until i complete the required 12 month of employment (in my case it will be end of Feb 2020)?

Thanks in advance.

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Re: EU Employee - Breixt

Post by tier1entrepreneur-A » Sun Sep 01, 2019 11:44 pm

tier1entrepreneur-A wrote:
Fri Aug 30, 2019 8:23 am
Hi Team,

I have two part time employee, employee A started joined the company in May 2018, and employee B joined in Mar 2019 (both of them doing the same job, and holding EU passport)

My understanding is that both of them should be employed on the same period to allow me to be able to combine the two PT employee to make one full time job, which in my case as described above will not happen until end of Feb 2020 (which will be the time employee B will complete his 12 month working period), is this correct?

My second question, in case of brexit with no deal in Oct 2019, does both employee as EU passport holders will remain to be classified as settled worker until i complete the required 12 month of employment (in my case it will be end of Feb 2020)?

Thanks in advance.
Any help with the case above.

Thanks in advance.

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Re: EU Employee - Breixt

Post by bizman » Mon Sep 02, 2019 3:58 pm

tier1entrepreneur-A wrote:
Sun Sep 01, 2019 11:44 pm
tier1entrepreneur-A wrote:
Fri Aug 30, 2019 8:23 am
Hi Team,

I have two part time employee, employee A started joined the company in May 2018, and employee B joined in Mar 2019 (both of them doing the same job, and holding EU passport)

My understanding is that both of them should be employed on the same period to allow me to be able to combine the two PT employee to make one full time job, which in my case as described above will not happen until end of Feb 2020 (which will be the time employee B will complete his 12 month working period), is this correct?

My second question, in case of brexit with no deal in Oct 2019, does both employee as EU passport holders will remain to be classified as settled worker until i complete the required 12 month of employment (in my case it will be end of Feb 2020)?

Thanks in advance.
Any help with the case above.

Thanks in advance.
If it is in the same role, think you can combine the two of them, however it depends on the number of hours each employee is engaged.

Also at the moment they need to apply for the Eu citizens settlement scheme and get themselves sorted before the October 31 st deadline, nobody knows for sure what will happen after UK leaves EU.
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Re: EU Employee - Breixt

Post by tier1entrepreneur-A » Sat Sep 07, 2019 10:17 am

bizman wrote:
Mon Sep 02, 2019 3:58 pm
tier1entrepreneur-A wrote:
Sun Sep 01, 2019 11:44 pm
tier1entrepreneur-A wrote:
Fri Aug 30, 2019 8:23 am
Hi Team,

I have two part time employee, employee A started joined the company in May 2018, and employee B joined in Mar 2019 (both of them doing the same job, and holding EU passport)

My understanding is that both of them should be employed on the same period to allow me to be able to combine the two PT employee to make one full time job, which in my case as described above will not happen until end of Feb 2020 (which will be the time employee B will complete his 12 month working period), is this correct?

My second question, in case of brexit with no deal in Oct 2019, does both employee as EU passport holders will remain to be classified as settled worker until i complete the required 12 month of employment (in my case it will be end of Feb 2020)?

Thanks in advance.
Any help with the case above.

Thanks in advance.
If it is in the same role, think you can combine the two of them, however it depends on the number of hours each employee is engaged.

Also at the moment they need to apply for the Eu citizens settlement scheme and get themselves sorted before the October 31 st deadline, nobody knows for sure what will happen after UK leaves EU.
Thanks bizman for your comment, it's much appreciated.

They are both in the same role, and working 104 hrs and 69 hrs per week.

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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sat Sep 07, 2019 10:23 am

Hi Team,

A British citizen university student (18 years old) will be working with me in parallel to his university engineering study, as he can do the work from home/online.

Any restriction (to HO) for the hours he can work per week?

Is it acceptable for HO to use him to do 30 hrs per week and to be classified as full time employee?

Thanks in advance.

Best Regards.

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Re: Director's Loan agreement and Fund transfer

Post by bizman » Sat Sep 07, 2019 9:20 pm

Students can not do more than 20hrs per week by law. So they can not be employed for full time role.
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Re: Director's Loan agreement and Fund transfer

Post by CR001 » Sun Sep 08, 2019 9:14 am

bizman wrote:
Sat Sep 07, 2019 9:20 pm
Students can not do more than 20hrs per week by law. So they can not be employed for full time role.
Which law is this and where does it say it applies to British citizens?
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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sun Sep 08, 2019 8:03 pm

CR001 wrote:
Sun Sep 08, 2019 9:14 am
bizman wrote:
Sat Sep 07, 2019 9:20 pm
Students can not do more than 20hrs per week by law. So they can not be employed for full time role.
Which law is this and where does it say it applies to British citizens?
Thanks CR001, could you please share what you know about this point.

Thanks in advance.

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Re: Director's Loan agreement and Fund transfer

Post by CR001 » Sun Sep 08, 2019 8:30 pm

There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sun Sep 08, 2019 8:35 pm

CR001 wrote:
Sun Sep 08, 2019 8:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

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British citizen employee (during his university study)

Post by tier1entrepreneur-A » Sun Sep 08, 2019 8:44 pm

CR001 wrote:
Sun Sep 08, 2019 8:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.

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Re: British citizen employee (during his university study)

Post by marcnath » Mon Sep 09, 2019 11:44 am

tier1entrepreneur-A wrote:
Sun Sep 08, 2019 8:44 pm
CR001 wrote:
Sun Sep 08, 2019 8:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.
Yes, you can.
NMW varies by age - https://www.gov.uk/national-minimum-wage-rates
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: British citizen employee (during his university study)

Post by tier1entrepreneur-A » Wed Sep 18, 2019 3:14 am

marcnath wrote:
Mon Sep 09, 2019 11:44 am
tier1entrepreneur-A wrote:
Sun Sep 08, 2019 8:44 pm
CR001 wrote:
Sun Sep 08, 2019 8:30 pm
There is no weekly hour working restriction for British citizens however you simply cannot be a full time student attending university and work full-time as well.

Remember ho has full access to the employee information too and will see they are a full time student in a number of ways.
Excellent.

Thanks CR001 for your clarification, it's much appreciated,

This will mean that I can use both employee (both British citizen, and both university student),to do part time work (i.e 20hrs and 15hrs per week), and do the same job, without conflict with their study.. and they both can make one full time job as per HO requirements.. is that correct?

They are 18 and 21 years old. I assume that the NMW will be the same £8.21 as they are not in apprentice program (as they are still in full time study).

Could you please correct me if I'm wrong.

Thanks in advance.
Yes, you can.
NMW varies by age - https://www.gov.uk/national-minimum-wage-rates
Thanks marcnath for your clarification, it's much appreciated.

Both of them have joined my company this month, and both hourly rate over the NMW.

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