Director's Loan agreement and Fund transfer

[tier1entrepreneur-AA]

There has never been a requirement to have hourly wages on the payslip.

Receiving the support has no impact on your application.

Thanks marcnath,

[tier1entrepreneur-AA]

Hi Team,

Following my question above,

The employee who I intend to furlough will be used as part of job creation requirement filling, so I will need to submit the payslips and FPS for those months,

The accountant told me that no working hours will be listed on the Payslips and it will be typed as "furlough" instead of "salary".She have said in details:
"The FPS would show the contracted hours still, and the pay would show as ‘Furlough’ rather than salary.
Payslips will not show hourly rate, it will instead show as ‘Furlough’ and if you do top up then this would be classed as ‘Top up to furlough’. The furlough and top up are both taxable, NICable and Pensionable so they will come under Gross Taxable Pay etc. on the payslip, but it will not show the hours as furlough is not classed as earned income. This is of particular importance when it comes to making a reclaim as we will have to produce reports separating the pay."

How I will be able to fill the visa application for ILR?

Payslip
It will have no working hours, zero working hours and it will be written furlough pay.

FPS
Will include furlough instead of salary

Gross pay will be less than the requirement for FT employment (i.e. Gross pay divided by hourly rate=working hours per month)

For example:
If the working hours for April = 22*6=132hrs, and hourly rate = £9, so in normal case the gross pay = 132 X 9 = £1188
Salary payment = £1188 for April 2020.
Working hours 132hrs
Hourly rate = £9

Furlough case:
Furlough pay = 80% X £1188= £950.4 - working hours = zero, hourly rate ??

I just wondering how I will be able to fill my application on Job creation section for this employee? and If this can make the HO not counting those months on the qualified 12 month period required to fulfill my job creation requirement.

My business need the government support (Job Retention Scheme) for the business employee, but in the same time I don't want to do anything that may affect my ILR application (Job creation).

Another option could be that I could top up the remain 20% from the employee salary in sort of "Top up to furlough"

So in the example above payslip will include:
Furlough = £950.4
Top up to furlough = £1188- £950.4 = £237.6
So the total gross pay for this month remains = £1188 so home office can do calculations as normal, in this case should I split those months with different filling or keep all the 12 months period as it is (hourly rate = £9)

Looking forward for your valuable advice on how I should deal with this.

Thanks in advance.

[tier1entrepreneur-AA]

Hi Team,

Following my question above,

The employee who I intend to furlough will be used as part of job creation requirement filling, so I will need to submit the payslips and FPS for those months,

The accountant told me that no working hours will be listed on the Payslips and it will be typed as "furlough" instead of "salary".She have said in details:
"The FPS would show the contracted hours still, and the pay would show as ‘Furlough’ rather than salary.
Payslips will not show hourly rate, it will instead show as ‘Furlough’ and if you do top up then this would be classed as ‘Top up to furlough’. The furlough and top up are both taxable, NICable and Pensionable so they will come under Gross Taxable Pay etc. on the payslip, but it will not show the hours as furlough is not classed as earned income. This is of particular importance when it comes to making a reclaim as we will have to produce reports separating the pay."

How I will be able to fill the visa application for ILR?

Payslip
It will have no working hours, zero working hours and it will be written furlough pay.

FPS
Will include furlough instead of salary

Gross pay will be less than the requirement for FT employment (i.e. Gross pay divided by hourly rate=working hours per month)

For example:
If the working hours for April = 22*6=132hrs, and hourly rate = £9, so in normal case the gross pay = 132 X 9 = £1188
Salary payment = £1188 for April 2020.
Working hours 132hrs
Hourly rate = £9

Furlough case:
Furlough pay = 80% X £1188= £950.4 - working hours = zero, hourly rate ??

I just wondering how I will be able to fill my application on Job creation section for this employee? and If this can make the HO not counting those months on the qualified 12 month period required to fulfill my job creation requirement.

My business need the government support (Job Retention Scheme) for the business employee, but in the same time I don't want to do anything that may affect my ILR application (Job creation).

Another option could be that I could top up the remain 20% from the employee salary in sort of "Top up to furlough"

So in the example above payslip will include:
Furlough = £950.4
Top up to furlough = £1188- £950.4 = £237.6
So the total gross pay for this month remains = £1188 so home office can do calculations as normal, in this case should I split those months with different filling or keep all the 12 months period as it is (hourly rate = £9)

Looking forward for your valuable advice on how I should deal with this.

Thanks in advance.

It's now have been answered by the Home Office:

Home Office said:

"If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement."

Source link:

https://www.gov.uk/guidance/coronavirus ... -residents

[CR001]

This was already updated by Marcnath yesterday in teh COVID-19 specific topic at the top of the sub forum page!!

uk-tier-1-entrepreneur-visas/covid-19-h ... l#p1892933

[tier1entrepreneur-AA]

This was already updated by Marcnath yesterday in teh COVID-19 specific topic at the top of the sub forum page!!

uk-tier-1-entrepreneur-visas/covid-19-h ... l#p1892933

Thanks CR001,

I have missed Marcnath update yesterday, this is why I have posted my question, and one I found HO update, I posted it on the form.

Small point:
HO has mentioned "You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months"

1- What does this mean "can be made up of multiple employees across different months"?

2- Does the job originally need to be 12 consecutive months without any gab period if the business doesn't require a job for few months?

Thanks in advance.

[marcnath]

This was already updated by Marcnath yesterday in teh COVID-19 specific topic at the top of the sub forum page!!

uk-tier-1-entrepreneur-visas/covid-19-h ... l#p1892933

Thanks CR001,

I have missed Marcnath update yesterday, this is why I have posted my question, and one I found HO update, I posted it on the form.

Small point:
HO has mentioned "You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months"

1- What does this mean "can be made up of multiple employees across different months"?

2- Does the job originally need to be 12 consecutive months without any gab period if the business doesn't require a job for few months?

Thanks in advance.

I agree this is confusing as there was never a requirement to employ people for 12 consecutive months. I suspect what this means is that they are effectively using the transitional arrangement but hopefully they will clarify.

[tier1entrepreneur-AA]

Thanks marcnath.

[tier1entrepreneur-AA]

Hi Team,

I just would like your advice with regard to job filling,

Job X, started in 1st April 2018.
Employee A: Filled this position for two months and then left the company, and the job/position remain empty until it been filled later by employee B.
Employee B: Filling this position from Jan 2020 to Dec 2020.

My question is:
When I fill my Ext application, does the "Date Post Created" need to be 1st April 2018 (from when employee A had joined) or 1st Jan 2020 (from when Employee B has joined) ?

Thanks in advance.

[marcnath]

Hi Team,

I just would like your advice with regard to job filling,

Job X, started in Started on April 2018.
Employee A: Filled this position for two months and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filling this position from Jan 2020 to Dec 2020

My question is:
When I fill my Ext application, does the "Date Post Created" need to be 1st April 2018 (from when employee A had joined) or 1st Jan 2020 (from when Employee B has joined) ?

Thanks in advance

I am not sure what you don't understand.

Which word in Date Post Created are you having a doubt about ?

[tier1entrepreneur-AA]

Hi Team,

I just would like your advice with regard to job filling,

Job X, started in Started on April 2018.
Employee A: Filled this position for two months and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filling this position from Jan 2020 to Dec 2020

My question is:
When I fill my Ext application, does the "Date Post Created" need to be 1st April 2018 (from when employee A had joined) or 1st Jan 2020 (from when Employee B has joined) ?

Thanks in advance

I am not sure what you don't understand.

Which word in Date Post Created are you having a doubt about ?

Thanks Marcnath,

I just would like to understand which date I should type, 1st April 2018 or 1st Jan 2020 for this job creation (Date post created).

Thanks in advance.

[marcnath]

Hi Team,

I just would like your advice with regard to job filling,

Job X, started in Started on April 2018.
Employee A: Filled this position for two months and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filling this position from Jan 2020 to Dec 2020

My question is:
When I fill my Ext application, does the "Date Post Created" need to be 1st April 2018 (from when employee A had joined) or 1st Jan 2020 (from when Employee B has joined) ?

Thanks in advance

I am not sure what you don't understand.

Which word in Date Post Created are you having a doubt about ?

Thanks Marcnath,

I just would like to understand which date I should type, 1st April 2018 or 1st Jan 2020 for this job creation (Date post created).

Thanks in advance.

So can you tell me when did you create the job ?

[tier1entrepreneur-AA]

Hi Team,

I just would like your advice with regard to job filling,

Job X, started in Started on April 2018.
Employee A: Filled this position for two months and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filling this position from Jan 2020 to Dec 2020

My question is:
When I fill my Ext application, does the "Date Post Created" need to be 1st April 2018 (from when employee A had joined) or 1st Jan 2020 (from when Employee B has joined) ?

Thanks in advance

I am not sure what you don't understand.

Which word in Date Post Created are you having a doubt about ?

Thanks Marcnath,

I just would like to understand which date I should type, 1st April 2018 or 1st Jan 2020 for this job creation (Date post created).

Thanks in advance.

So can you tell me when did you create the job ?

My apologise if my message wasn't clear,

Job/Position X, started in April 2018.
Employee A: Filled this position in 1st April 2018 for two months only and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filled this position on 1st Jan 2020 and will continue at least until Dec 2020.

Thanks in advance.

[tier1entrepreneur-AA]

[/quote]

Thanks Marcnath,

I just would like to understand which date I should type, 1st April 2018 or 1st Jan 2020 for this job creation (Date post created).

Thanks in advance.
[/quote]

So can you tell me when did you create the job ?
[/quote]

My apologise if my message wasn't clear,

Job/Position X, started in April 2018.
Employee A: Filled this position in 1st April 2018 for two months only and then left the company, and the job/position remain empty until it been filled later by employee B
Employee B: Filled this position on 1st Jan 2020 and will continue at least until Dec 2020.

Thanks in advance.
[/quote]

Any advice, which date I should type, 1st April 2018 or 1st Jan 2020?

Thanks in advance.

[tier1entrepreneur-AA]

Hi Team,

I have joined an existing business in May 2018 and from which new jobs have been created on that business from the same month.

I have just realised that the accountant has update the companies house in June 2018 instead of May 2018, with "Appointment on" date in May 2018 (Back dated), and he has said it should be fine.

In this case, does I will be classified as company director from May 2018 (Appointment date), or from June 2018 (Companies House filing date)?
(Home office point of view)

Thanks in advance.

[marcnath]

Hi Team,

I have joined an existing business in May 2018 and from which new jobs have been created on that business from the same month.

I have just realised that the accountant has update the companies house in June 2018 instead of May 2018, with "Appointment on" date in May 2018 (Back dated), and he has said it should be fine.

In this case, does I will be classified as company director from May 2018 (Appointment date), or from June 2018 (Companies House filing date)?
(Home office point of view)

Thanks in advance.

That is impossible to say for sure.
But I am doubtful HO will penalize you for just one month.
But, if you have only created just enough jobs to meet the requirements, it might get more genuineness scrutiny.

[Michelleiam]

You only need one set of accounts - it does not matter which year as long as your investment is shown in the accounts you submit.

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

Does this means that if my investment (£200k) have been transferred from my personal bank account to the company bank account in year two, and it clearly highlighted on year two end of year accounts, this will mean that no need to submit any documents for year three (ongoing at time of ILR/extension application submission)?

That is correct. You don't need to submit accounts for Year 1 either.

How HO will confirm that the investment remain on the company bank account on year three (i.e Director's loan not been refunded), and how they will check the company progress/turnover for year three if no document submitted as part of my application?,

Appreciate your concern for being very considerate about how the CW will do his/her job. But you will be much better off focusing on what you should be doing rather than trying to explore all kind of probablities.
Your time is much better spent reading and rereading the guidance and making sure you are meeting the requirements set out there.
HO/CW will do their job and request additional documents if they so require.

Do I miss any document will need to be submitted for year three?

I understand that I will need to submit the bank statement for the days of money transfer from my personal bank account to the business bank account "Directors loan", any more document required wrt to bookkeeping documents and bank statements for the three years?

Thanks in advance.

No

Dear Zimba and Marcnath,

I have an urgent question to ask for your advice. Really really need your advice. Thank you!

My team partner and I are going to apply extension on 20th May. Our investment was quite complicated.

1. We invested around 20k by director's loan before 2017. But we are not planning to use these money as investment.

2. We had invested 30k as director's loan between 08/2019- 09/2019 (our account annual end month is Sep), which could show on annual account of year 2019.

3. We invested another 20k on 02/2020, which could not show on annual account of 2020 (2020 account is not due yet). We are not sure whether half-year management account is acceptable by HO.

The question is we don't know how to define our investment,by director's loan or share capital, here are our concerns:

1. Because our latest investment could not show in the 2020 annual account, should it be defined as share capital? If it should defined as share capital, then how to prove we have the equal control of the company? BY agreement signed by both of us? Because all the latest 20k was transferred under my partner's name through our joint account. Could our accountant make our share capitals equal?

2. Or define it as director's loan? Then how to prove the latest director's loan is valid and acceptable for HO as investment? Is that enough to show 2019-2020 half-year management account, bank statement of both joint account and business account and agreement?

3. Or should we put 30k + 20k all to share capital? I thought share capital is not showing enough confidence to our company's future, so always against this option.

4. Or 30k director's loan + 20k share capital? But if we don't want to use the 20k investment made in 2017, how could we clarify?

We really need your advice dear Zimba and Marcnath. Thank you very much.

Looking forward to hearing from you.

Best regards,

Michelle

[tier1entrepreneur-AA]

Hi Team,

I have joined an existing business in May 2018 and from which new jobs have been created on that business from the same month.

I have just realised that the accountant has update the companies house in June 2018 instead of May 2018, with "Appointment on" date in May 2018 (Back dated), and he has said it should be fine.

In this case, does I will be classified as company director from May 2018 (Appointment date), or from June 2018 (Companies House filing date)?
(Home office point of view)

Thanks in advance.

That is impossible to say for sure.
But I am doubtful HO will penalize you for just one month.
But, if you have only created just enough jobs to meet the requirements, it might get more genuineness scrutiny.

Many thanks marcnath for your valuable reply, much appreciated.

[tier1entrepreneur-AA]

Hi Team,

I'm currently holding Tier 1 Entrepreneur visa since Jan 2018, and I'm looking forward to apply for accelerated ILR (3 years route) in Dec 2020, I will be able to count by the end of 2020 10 FT jobs,
I have 8 positions straightforward, but I have inquiries with regards to two positions.

Q1: One of the employees (Employee A) has left one position (position Y) in Oct 2019 after been working for the company for 22 continuous months, and then she rejoined the company in Jan 2020 to fulfill another job (position Z) for 12 months, does this will be ok to be classified as 2 jobs (but one position filled with an employee, and the same employee partially filled the other position in different period).
In summary:
Position Y: created in Jan 2018
From Jan 2018 to Oct 2019 - Employee A (over 12 months full time and the rest part time), and may be another employee will join the company at some point in 2020
Position Z: created in Jan 2020
Jan 2018 to Dec 2020 - Employee A (12 months)
My question is:
Does the above classified as two jobs have been created 12 months or more for each?

Q2: Another employee (B) been working for the company for almost two years in position X, and then an employee filling position M have left the company after been working for the company for three months, and then employee (B) left position X to position M for additional 9 months, does position M will be classified as one job been created for 12 months?
In summary:
Position X : created in June 2018
From June 2018 to March 2020 - Employee B (over 12 months FT), and from April this position is no longer required (use freelancers).
Position M : created in Jan 2020
From Jan 2020 to Mar 2020 - Employee M FT (3 Months)
From April 2020 to Dec 2020 - Employee B (who was filling position X previously) filled position M for 9 months FT.
My question is:
Does position M will be classified as a 12 months FT position (and Employee B 9 months work will be added to the 3 months work to complete the 12 months period)?

I'm start preparing to sort out all the required paperwork to be ready in Dec 2020 for ILR application (accelerated route - 3 years).

I'm wondering if you can help with my inquiries above,

Thanks in advance.

[tier1entrepreneur-AA]

Hi Team,

I'm currently holding Tier 1 Entrepreneur visa since Jan 2018, and I'm looking forward to apply for accelerated ILR (3 years route) in Dec 2020, I will be able to count by the end of 2020 10 FT jobs,
I have 8 positions straightforward, but I have inquiries with regards to two positions.

Q1: One of the employees (Employee A) has left one position (position Y) in Oct 2019 after been working for the company for 22 continuous months, and then she rejoined the company in Jan 2020 to fulfill another job (position Z) for 12 months, does this will be ok to be classified as 2 jobs (but one position filled with an employee, and the same employee partially filled the other position in different period).
In summary:
Position Y: created in Jan 2018
From Jan 2018 to Oct 2019 - Employee A (over 12 months full time and the rest part time), and may be another employee will join the company at some point in 2020
Position Z: created in Jan 2020
Jan 2018 to Dec 2020 - Employee A (12 months)
***My question is:
Does the above classified as two jobs have been created 12 months or more for each?

Q2: Another employee (B) been working for the company for almost two years in position X, and then an employee filling position M have left the company after been working for the company for three months, and then employee (B) left position X to position M for additional 9 months, does position M will be classified as one job been created for 12 months?
In summary:
Position X : created in June 2018
From June 2018 to March 2020 - Employee B (over 12 months FT), and from April this position is no longer required (use freelancers).
Position M : created in Jan 2020
From Jan 2020 to Mar 2020 - Employee M FT (3 Months)
From April 2020 to Dec 2020 - Employee B (who was filling position X previously) filled position M for 9 months FT.
***My question is:
Does position M will be classified as a 12 months FT position (and Employee B 9 months work will be added to the 3 months work to complete the 12 months period)?

I'm start preparing to sort out all the required paperwork to be ready in Dec 2020 for ILR application (accelerated route - 3 years).

I'm wondering if you can help with my inquiries above,

Thanks in advance.

So my question is wrt Position Z ((Q1)) and Position M ((Q2)), and how I can present them well to HO to add both jobs to the 8 straight forward jobs to fulfill the required 10 jobs criteria,

Thanks in advance.

[marcnath]

Hi Team,

I'm currently holding Tier 1 Entrepreneur visa since Jan 2018, and I'm looking forward to apply for accelerated ILR (3 years route) in Dec 2020, I will be able to count by the end of 2020 10 FT jobs,
I have 8 positions straightforward, but I have inquiries with regards to two positions.

Q1: One of the employees (Employee A) has left one position (position Y) in Oct 2019 after been working for the company for 22 continuous months, and then she rejoined the company in Jan 2020 to fulfill another job (position Z) for 12 months, does this will be ok to be classified as 2 jobs (but one position filled with an employee, and the same employee partially filled the other position in different period).
In summary:
Position Y: created in Jan 2018
From Jan 2018 to Oct 2019 - Employee A (over 12 months full time and the rest part time), and may be another employee will join the company at some point in 2020
Position Z: created in Jan 2020
Jan 2018 to Dec 2020 - Employee A (12 months)
My question is:
Does the above classified as two jobs have been created 12 months or more for each?

Q2: Another employee (B) been working for the company for almost two years in position X, and then an employee filling position M have left the company after been working for the company for three months, and then employee (B) left position X to position M for additional 9 months, does position M will be classified as one job been created for 12 months?
In summary:
Position X : created in June 2018
From June 2018 to March 2020 - Employee B (over 12 months FT), and from April this position is no longer required (use freelancers).
Position M : created in Jan 2020
From Jan 2020 to Mar 2020 - Employee M FT (3 Months)
From April 2020 to Dec 2020 - Employee B (who was filling position X previously) filled position M for 9 months FT.
My question is:
Does position M will be classified as a 12 months FT position (and Employee B 9 months work will be added to the 3 months work to complete the 12 months period)?

I'm start preparing to sort out all the required paperwork to be ready in Dec 2020 for ILR application (accelerated route - 3 years).

I'm wondering if you can help with my inquiries above,

Thanks in advance.

The immigration rules do not go into that level of specifics to be able to answer your questions.

The rules only specify that you need to have two jobs - nothing is specified about the employees who complete the roles. Which means, as per the rules, your way of doing that is totally justified.

However, HO can always question the genuineness, so it is entirely depends on how well you can argue this (if HO challenges it) and you need to be confident enough for it to stand up in court, if needed.

The few questions that I would have would be justification for this. Jobs have specifications and employees generally have meet certain qualifications. So, it normally is difficult to justify the same employee filling two very different job specifications. If the job specifications are similar, then it is difficult to justify they are different jobs unless both are being filled at the same time.

[tier1entrepreneur-AA]

Hi Team,

I'm currently holding Tier 1 Entrepreneur visa since Jan 2018, and I'm looking forward to apply for accelerated ILR (3 years route) in Dec 2020, I will be able to count by the end of 2020 10 FT jobs,
I have 8 positions straightforward, but I have inquiries with regards to two positions.

Q1: One of the employees (Employee A) has left one position (position Y) in Oct 2019 after been working for the company for 22 continuous months, and then she rejoined the company in Jan 2020 to fulfill another job (position Z) for 12 months, does this will be ok to be classified as 2 jobs (but one position filled with an employee, and the same employee partially filled the other position in different period).
In summary:
Position Y: created in Jan 2018
From Jan 2018 to Oct 2019 - Employee A (over 12 months full time and the rest part time), and may be another employee will join the company at some point in 2020
Position Z: created in Jan 2020
Jan 2018 to Dec 2020 - Employee A (12 months)
My question is:
Does the above classified as two jobs have been created 12 months or more for each?

Q2: Another employee (B) been working for the company for almost two years in position X, and then an employee filling position M have left the company after been working for the company for three months, and then employee (B) left position X to position M for additional 9 months, does position M will be classified as one job been created for 12 months?
In summary:
Position X : created in June 2018
From June 2018 to March 2020 - Employee B (over 12 months FT), and from April this position is no longer required (use freelancers).
Position M : created in Jan 2020
From Jan 2020 to Mar 2020 - Employee M FT (3 Months)
From April 2020 to Dec 2020 - Employee B (who was filling position X previously) filled position M for 9 months FT.
My question is:
Does position M will be classified as a 12 months FT position (and Employee B 9 months work will be added to the 3 months work to complete the 12 months period)?

I'm start preparing to sort out all the required paperwork to be ready in Dec 2020 for ILR application (accelerated route - 3 years).

I'm wondering if you can help with my inquiries above,

Thanks in advance.

The immigration rules do not go into that level of specifics to be able to answer your questions.

The rules only specify that you need to have two jobs - nothing is specified about the employees who complete the roles. Which means, as per the rules, your way of doing that is totally justified.

However, HO can always question the genuineness, so it is entirely depends on how well you can argue this (if HO challenges it) and you need to be confident enough for it to stand up in court, if needed.

The few questions that I would have would be justification for this. Jobs have specifications and employees generally have meet certain qualifications. So, it normally is difficult to justify the same employee filling two very different job specifications. If the job specifications are similar, then it is difficult to justify they are different jobs unless both are being filled at the same time.

Many thanks marcnath for your valuable comment,

I will need to make it clear on my ILR application to the HO case worker to explain those two employees A and B, so he/she can find the answer to any question on his/her mind,
Note: I have 8 straightforward jobs have been created, I'm just worrying about the last two (position Z and M as explained above)

Also, I intend to add to my application my business structure diagram, and a table for each job covering the whole three years period explaining job/position filling (i.e. name, national insurance, ...... ) including ILR/British holder as well as non ILR/British employees.

If you have any advice on how I should make it clearer to the case worker, it will be much appreciated,

Thanks in advance.

[tier1entrepreneur-AA]

Hi Team,

I'm currently holding Tier 1 Entrepreneur visa since Jan 2018, and I'm looking forward to apply for accelerated ILR (3 years route) in Dec 2020, I will be able to count by the end of 2020 10 FT jobs,
I have 8 positions straightforward, but I have inquiries with regards to two positions.

Q1: One of the employees (Employee A) has left one position (position Y) in Oct 2019 after been working for the company for 22 continuous months, and then she rejoined the company in Jan 2020 to fulfill another job (position Z) for 12 months, does this will be ok to be classified as 2 jobs (but one position filled with an employee, and the same employee partially filled the other position in different period).
In summary:
Position Y: created in Jan 2018
From Jan 2018 to Oct 2019 - Employee A (over 12 months full time and the rest part time), and may be another employee will join the company at some point in 2020
Position Z: created in Jan 2020
Jan 2018 to Dec 2020 - Employee A (12 months)
My question is:
Does the above classified as two jobs have been created 12 months or more for each?

Q2: Another employee (B) been working for the company for almost two years in position X, and then an employee filling position M have left the company after been working for the company for three months, and then employee (B) left position X to position M for additional 9 months, does position M will be classified as one job been created for 12 months?
In summary:
Position X : created in June 2018
From June 2018 to March 2020 - Employee B (over 12 months FT), and from April this position is no longer required (use freelancers).
Position M : created in Jan 2020
From Jan 2020 to Mar 2020 - Employee M FT (3 Months)
From April 2020 to Dec 2020 - Employee B (who was filling position X previously) filled position M for 9 months FT.
My question is:
Does position M will be classified as a 12 months FT position (and Employee B 9 months work will be added to the 3 months work to complete the 12 months period)?

I'm start preparing to sort out all the required paperwork to be ready in Dec 2020 for ILR application (accelerated route - 3 years).

I'm wondering if you can help with my inquiries above,

Thanks in advance.

The immigration rules do not go into that level of specifics to be able to answer your questions.

The rules only specify that you need to have two jobs - nothing is specified about the employees who complete the roles. Which means, as per the rules, your way of doing that is totally justified.

However, HO can always question the genuineness, so it is entirely depends on how well you can argue this (if HO challenges it) and you need to be confident enough for it to stand up in court, if needed.

The few questions that I would have would be justification for this. Jobs have specifications and employees generally have meet certain qualifications. So, it normally is difficult to justify the same employee filling two very different job specifications. If the job specifications are similar, then it is difficult to justify they are different jobs unless both are being filled at the same time.

Many thanks marcnath for your valuable comment,

I will need to make it clear on my ILR application to the HO case worker to explain those two employees A and B, so he/she can find the answer to any question on his/her mind,
Note: I have 8 straightforward jobs have been created, I'm just worrying about the last two (position Z and M as explained above)

Also, I intend to add to my application my business structure diagram, and a table for each job covering the whole three years period explaining job/position filling (i.e. name, national insurance, ...... ) including ILR/British holder as well as non ILR/British employees.

If you have any advice on how I should make it clearer to the case worker, it will be much appreciated,

Thanks in advance.

Hi Team,

Any advice on the above?

Thanks in advance.

[marcnath]

There is nothing to add here. Additional documents are entirely up to you and your suggestion is as good as any I can think of.

[tier1entrepreneur-AA]

There is nothing to add here. Additional documents are entirely up to you and your suggestion is as good as any I can think of.

Thanks marcnath, much appreciate your comment.

[tier1entrepreneur-AA]

Hi Team,

My limited company year end on the 31st Jan, and I intend to submit my ILR (3 years rout) application early Jan,

First question:

I'm thinking that it will be better if I shorten the company financial year, so it ends on 31st October 2020 instead of 31st Jan 2021, to allow the accountant enough time to prepare the company end of year accounts to be submitted with my application early Jan as a prove that the business is running (prove of genuity), what's your thought.

Second question:

Another point, one of the roles will complete the 12 months end of Dec 2020, I'm thinking to submit an early submition to HMRC for Dec 2020, does this will allow me to do my ILR application in Dec 2020 instead of Jan 2021 ?(i.e. to fulfill the requirement for HO), I understand that it fill the requirement for HMRC, but I don't know if HO will accept that or they will say that at the day of my visa application (i.e 10th Dec 2020), employee X is not employed for 12 months (as he will complete his 12 months in 31st Dec 2020)?

Thanks in advance.