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Investment into Company & the Company Spending the Inves

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

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rahulsingh1
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Investment into Company & the Company Spending the Inves

Post by rahulsingh1 » Thu Apr 04, 2013 11:22 am

Hi Guys - we might have asked and answered this question in some threads. But, just wanted to get your thought on this one.

What is the implication during renewal of the visa, if the money has been invested (inserted in company bank a/c). But not completely spent and a balance remains in the company bank a/c ?

So here is the scenario in steps:

Step 1)You setup a company and open a company bank account after you arrive.

Step 2) You transfer(invest) 200k from personal bank account to company bank account immediately or in chunks (over 3 years.).

Step 3) You start spending the money(200k) from business bank account, in pursuit of setting up the business.(company premises rent, salaries, stationary etc etc..)

Step 4) But at the end of 3years, the company was not able to spend the whole 200k, and lets say 20k was left over in the company bank account.

Does this mean that whole 200k was not invested ?
Or does 'investment' mean only Step 2 ?
Or is it both Step 2 & Step 3 ? Where Step 3 should also spend 200k ?

Any answers will help.

Entrepreneur9
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Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Thu Apr 04, 2013 11:54 pm

You need to show that you have invested 200K in UK within the 3 years time span. Transferring money to a business account is not investment. Hope this is clear.

maverick_76
Junior Member
Posts: 68
Joined: Mon Apr 11, 2005 6:19 pm

Post by maverick_76 » Fri Apr 05, 2013 7:44 am

I am quite certain that the moment you put 200k in business account it means investment. From this point money is owned by business and not you. If business is not required to spend all of 200 K it will still satisfy criteria for investment. Imagine a scenario where you start generating profit from day one and your expenses are less than 200K over three years, this still means you have invested 200K in business.

Hope this helps!
Artificial intelligence is no match for natural stupidity

kim1
Member
Posts: 147
Joined: Tue Jan 15, 2013 5:40 am

Re: Investment into Company & the Company Spending the I

Post by kim1 » Fri Apr 05, 2013 8:25 am

rahulsingh1 wrote:Hi Guys - we might have asked and answered this question in some threads. But, just wanted to get your thought on this one.

What is the implication during renewal of the visa, if the money has been invested (inserted in company bank a/c). But not completely spent and a balance remains in the company bank a/c ?

So here is the scenario in steps:

Step 1)You setup a company and open a company bank account after you arrive.

Step 2) You transfer(invest) 200k from personal bank account to company bank account immediately or in chunks (over 3 years.).

Step 3) You start spending the money(200k) from business bank account, in pursuit of setting up the business.(company premises rent, salaries, stationary etc etc..)

Step 4) But at the end of 3years, the company was not able to spend the whole 200k, and lets say 20k was left over in the company bank account.

Does this mean that whole 200k was not invested ?
Or does 'investment' mean only Step 2 ?
Or is it both Step 2 & Step 3 ? Where Step 3 should also spend 200k ?

Any answers will help.
UKBA emphasis is on 200k been transferred to business account and remain available for investment throughout the three years, It does not state that all of the money be invested, only then you satisfy or qualify for extension.

The emphasis is on availability of funds here and not on spending of the whole 200k.

So mainly you have to have the access to the 200K at all times if this is achieved you are all set for the extension or the ILR.
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

Please read the Investment part under Tier1 Entrepreneur leave to remain section.

rahulsingh1
Member
Posts: 221
Joined: Sun Jan 06, 2013 5:32 pm

Post by rahulsingh1 » Fri Apr 05, 2013 12:33 pm

I think what you have said (access to funds at all times..) is only true when applying for the first time entry clearance or while switching into T1E for the first time.

For extention- I just read the link you have posted.

if you search for this in the page for " 37. Available points are shown in Table 5 for an applicant who: "

you will find out that Table 5 is the one applicable to Extensions.

Now if you look for Table 5, here is what it says. (pasted from your link)

**** start ***

Investment and business activity Points

The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000 as set out in Table 4 above in cash directly into one or more businesses in the UK.

20
The applicant has:

(a) registered with HM revenue and Customs as self-employed, or

(b) registered a new business in which he is a director, or

(c) registered as a director of an existing business.

Where the applicant's last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) Migrant, the above condition must have been met within 6 months of his entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur) Migrant and there is evidence to establish his date of arrival to the UK), or, in any other case, the date of the grant of leave to remain.

20
On a date no earlier than three months prior to the date of application, the applicant was:

(a) registered with HM revenue and Customs as self-employed, or

(b) registered a new business in which he is a director, or

(c) registered as a director of an existing business.

15
The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least two new full time jobs for persons settled in the UK, or

(b) taken over or invested in an existing business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new full time jobs.

Where the applicant's last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the previous leave was granted.

20

*** end ***


And if you look at documents wanted for extension.(please see below..pasted from same link..) It doesn't mention anywhere(for extension docs) that money should be 'continuously' available to you for 3 years and to prove it again.

Its only for initial application I think..(where you have to get it written in your third party document/bank letter etc..)

see this (pasted from your link)


*** start***
Investment and business activity: notes

46.Documentary evidence must be provided in all cases. The specified documents in paragraph 46-SD must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Post-Study Work) Migrant, and any investment made no more than 12 months before the date of the application for which the applicant is claiming points.

46-SD. The specified documents in paragraphs 45 and 46 are as follows:

(a) The applicant must provide all the appropriate specified documents needed to establish the amount of money he has invested from the following list:

(i) If the applicant's business is a registered company that is required to produce audited accounts, the audited accounts must be provided;

(ii) If the applicant's business is not required to produce audited accounts, unaudited accounts and an accountant's certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006), must be provided;

(iii) If the applicant has made the investment in the form of a director's loan, it must be shown in the relevant set of accounts provided, and the applicant must also provide a legal agreement, between the applicant (in the name that appears on his application) and the company, showing:

(1) the terms of the loan,
(2) any interest that is payable,
(3) the period of the loan, and
(4) that the loan is unsecured and subordinated in favour of third-party creditors.

(b) Audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). If he has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant's name as it appears on his application. If the value of the applicant's share capital is not shown in the accounts, then share certificates must be submitted as documentary evidence. The accounts must clearly show the name of the accountant, the date the accounts were produced, and how much the applicant has invested in the business.

(c) The applicant must provide the following specified documents to show that he has established a UK business:

(i) Evidence that the business has business premises in the United Kingdom:

(1) If the applicant is self employed, his registration with HM Revenue and Customs to show that the business is based in the UK, or

(2) If the applicant is a director, printout of a Companies House document showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant's name, as it appears on the application form, as a director,

and

(ii) Evidence that the business has a UK bank account:

(1) If the applicant is self employed, a personal bank statement showing transactions for his business, or a business bank statement, or a letter from a UK bank confirming that he has a business and acts through that bank, or

(2) If the applicant is a director, a company bank statement showing that the company has a UK account, or a letter from a UK bank confirming that the company has a bank account,

and

(iii) Evidence that the business is subject to UK taxation:

(1) If the applicant is self-employed, he must be registered as self-employed for National Insurance assessment and provide either the welcome letter from HM Revenue & Customs, the Small Earnings Exception certificate, a copy of the National Insurance bill from HM Revenue & Customs, or
the applicant's bank statement showing that National Insurance is taken by HM Revenue & Customs by direct debit, or

(2) If the applicant is a director of a business, the business must be registered for corporation tax and the applicant must provide either a copy of form CT41G from HM Revenue & Customs, which is completed and shows the date of registration of the company with HM Revenue & Customs and the HM Revenue & Customs unique reference number, or a completed HM Revenue & Customs tax return document showing the tax reference number for the company.

*** end***



Don't know what you think. I want to be doubly sure..

Entrepreneur9
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Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Fri Apr 05, 2013 2:52 pm

LOl ... UKBA is not that stupid as you think. Transferring funds to a business account is not an investment. Lets say i am a director of a company and i transfer all the 200k into my business account. While extension I will show that I have invested 200k into my business account. Which is fine but what has the company done with that 200k. UKBA needs money to be invested into the economy and not just lying into your business account. That doesnt make any sense. And why would any businessman maintain 200k into an account for 3 years and not get anything in return.

rahulsingh1
Member
Posts: 221
Joined: Sun Jan 06, 2013 5:32 pm

Post by rahulsingh1 » Fri Apr 05, 2013 4:14 pm

no - the question here is, if lets say the businessman was only able to sepnd 180K out of it.. and 20K was left.

Whats the scenario then ?

Also, UKBA doesnt ask to show any document, listing expenditures.

Nor are there any points for that as per my post above..



I am also confused about it..

kim1
Member
Posts: 147
Joined: Tue Jan 15, 2013 5:40 am

Post by kim1 » Fri Apr 05, 2013 6:42 pm

rahulsingh1 wrote:no - the question here is, if lets say the businessman was only able to sepnd 180K out of it.. and 20K was left.

Whats the scenario then ?

Also, UKBA doesnt ask to show any document, listing expenditures.

Nor are there any points for that as per my post above..



I am also confused about it..
Brother as I explained It doesn't matter if you invest the whole amount or not, you shift the money to UK (if you had Tier1 entry clearance) put it in the Business account, or even maintain it in personal and shift chunks as needed time to time.

The main thing is your access to the money at all times.

for applicant coming into UK as entry clearance.

Appendix A

states under heading stated below I quote

Attributes for Tier 1 (Entrepreneur) Migrants
UKBA wrote: 35. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes
So these lines clearly say that an applicant on entry clearance or when he is applying for Leave to remain in this category once he has lived in UK or If he/she applies for Indefinite leave to remain has to score 75 points in attributes, the very first 25 points out of those 75 are given only if you can prove the access to 200K.(irrelevant if they are invested or not) if invested you can show the documents of the investment in its proof.


For applicant switching from another category to Tier 1 Ent
(In Country)

I quote from the link
UKBA wrote:36A. An applicant who is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as:

(i) a Tier 4 Migrant,
(ii) a Student,
(iii) a Student Nurse,
(iv) a Student Re-sitting an Examination, or
(v) a Student Writing Up a Thesis,

will only be awarded points under the provisions in (b) in Table 4.
So here they state that if you switched from any of the above categories to Tier 1 Ent and want to apply for Leave to remain you will be assessed against (b) in Table 4.

Now what is (b) in Table 4.?

I quote from the link under the heading

Table 4: Applications for entry clearance or leave to remain referred to in paragraph 36
UKBA wrote: (b) The applicant has access to not less than £50,000 from:
So if you were a PSW to Ent again access is needed I hope the point I made in the first post in this thread makes more sense of the stress on access to the money the whole time.

rahulsingh1
Member
Posts: 221
Joined: Sun Jan 06, 2013 5:32 pm

Post by rahulsingh1 » Fri Apr 05, 2013 9:02 pm

thanks Kim-

for me, I have been in this visa sometime and have invested(txfd 200k into bank account over time) and created jobs.

But my spending from that (200k pool)from company bank account is falling short of 200k as my company generates revenue and I dont have to spend that much..

So I am wondering what is the correct answer.

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