PR EMPLOYEE

Needo · Post by **Needo** » Sun Jul 16, 2017 7:38 am

Hi All,
I would like to ask a question from all senior members about an employee. I have employed an employee who had applied for his permanent residence in 2015. I employed him from June 2016 and he received his PR in Jan 2017. I have to apply for Tier1 Entrepreneur Extension in September 2017. So my question is Can I use this employee for my extension purpose? Will he be consider as settled worker as he did not had PR for the first 4 months of the 12 month employment.

Post by **marcnath** » Sun Jul 16, 2017 7:50 am

Needo wrote:Hi All,
I would like to ask a question from all senior members about an employee. I have employed an employee who had applied for his permanent residence in 2015. I employed him from June 2016 and he received his PR in Jan 2017. I have to apply for Tier1 Entrepreneur Extension in September 2017. So my question is Can I use this employee for my extension purpose? Will he be consider as settled worker as he did not had PR for the first 4 months of the 12 month employment.

You should be able to claim points for him from Jan 2017 onwards.

ENTREPRENEUR1983 · Post by **ENTREPRENEUR1983** » Sun Jul 16, 2017 12:05 pm

Needo wrote:Hi All,
I would like to ask a question from all senior members about an employee. I have employed an employee who had applied for his permanent residence in 2015. I employed him from June 2016 and he received his PR in Jan 2017. I have to apply for Tier1 Entrepreneur Extension in September 2017. So my question is Can I use this employee for my extension purpose? Will he be consider as settled worker as he did not had PR for the first 4 months of the 12 month employment.

Hi,
I think you can only claim the time from the day he/she has received his/her PR. Thank you

Post by **zimba** » Sun Jul 16, 2017 1:05 pm

PR is for EEA nationals which is not required for claiming points under Tier 1E if you hire such nationals. Did you mean ILR for a non-EU migrant ??

Needo · Post by **Needo** » Sun Jul 16, 2017 2:15 pm

Hi Zimba,
Thank you very much for your enquiry. Being a senior member I hope you will better shed some light on this topic.
The employee I have is a Family member/spouse of a EU nationalfrom a non EU country and he applied for his PR in 2015 after completing his required term and was granted PR in 2017. He was illegible to apply for PR in 2015 but was refused by HO and later in Decmber 2016 was approved by the Tribunal. Thus he received his PR in Jan 2017.

Post by **marcnath** » Sun Jul 16, 2017 2:32 pm

Needo wrote:Hi Zimba,
Thank you very much for your enquiry. Being a senior member I hope you will better shed some light on this topic.
The employee I have is a Family member/spouse of a EU nationalfrom a non EU country and he applied for his PR in 2015 after completing his required term and was granted PR in 2017. He was illegible to apply for PR in 2015 but was refused by HO and later in Decmber 2016 was approved by the Tribunal. Thus he received his PR in Jan 2017.

I had assumed you were referring to ILR.

But, if it was a non-EEA spouse of a EU national, then it would be similar - you can claim points for employment after PR.

Faheemryk · Post by **Faheemryk** » Sun Jul 16, 2017 3:14 pm

According to my knowledge, you can claim points only after he got ILR. I had similar situation, and ukvi awarded points only from the point employee got ILR.

Take care, just for the safe side, when you apply, send the fps of his first month with joining date highlighted

Post by **zimba** » Sun Jul 16, 2017 3:34 pm

Needo wrote:Hi Zimba,
Thank you very much for your enquiry. Being a senior member I hope you will better shed some light on this topic.
The employee I have is a Family member/spouse of a EU nationalfrom a non EU country and he applied for his PR in 2015 after completing his required term and was granted PR in 2017. He was illegible to apply for PR in 2015 but was refused by HO and later in Decmber 2016 was approved by the Tribunal. Thus he received his PR in Jan 2017.

The employee was a non-EU spouse of an EEA national who was simply exercising the EU treaty rights and therefore not considered settled under the Immigration Rules for Tier 1E before PR. You can only claim points for any employment AFTER the PR was granted as advised by others

Needo · Post by **Needo** » Sun Jul 16, 2017 4:10 pm

Thank you Gurus for nice honest opinions and advise.

How about EEA national employees excersising Treaty rights but do not have Permanent Residence? Can I employ these employees for example Spanish or French Passport? I have 2 more employees who hold these nationalities. One worked full time (130 hrs/month) from Aug 2016 till end of Dec 2016 and the other started working from 1st Jan 2017 and still working. Can I claim points for this post combiniing these 2 employees???

Post by **zimba** » Sun Jul 16, 2017 4:40 pm

Yes. For EEA nationals they will be considered settled even without PR under Tier 1E rules

Needo · Post by **Needo** » Sun Jul 16, 2017 5:16 pm

Thanx Zimba for your honest valuable comments.
Can I log into HMRC and correct any mistakes with my employees start dates? And if I can what FPS will show as their starting date( The corrected date or the one entred earlier)?

Post by **zimba** » Mon Jul 17, 2017 11:08 am

Needo wrote:Thanx Zimba for your honest valuable comments.
Can I log into HMRC and correct any mistakes with my employees start dates? And if I can what FPS will show as their starting date( The corrected date or the one entred earlier)?

Please discuss these with your accountant. Payroll corrections can only be done via payroll software and RTI submissions

Needo · Post by **Needo** » Wed Oct 18, 2017 1:05 pm

Hi dear Gurus
I am very happy to confirm that my extension for tier 1 has been approved.

See the time line post for the time line.

amnaali03 · Post by **amnaali03** » Wed Oct 18, 2017 2:28 pm

Hi Needo, Congratulations. Its really quick decision. If possible, can you please share list of documents you sent with your application?
Regards

Needo · Post by **Needo** » Wed Oct 18, 2017 2:41 pm

Hi Amna
Thanks for congratulations.

I will share my list of Documents later tonight.

Have you already applied or going to apply?

Regards
Naveed

Momi · Post by **Momi** » Wed Oct 18, 2017 2:55 pm

Needo wrote: ↑
Wed Oct 18, 2017 2:41 pm
Hi Amna
Thanks for congratulations.

I will share my list of Documents later tonight.

Have you already applied or going to apply?

Regards
Naveed

Do you have a proper office or you working from home?

Needo · Post by **Needo** » Wed Oct 18, 2017 3:00 pm

Hi Momi
My registered address is my home address.

amnaali03 · Post by **amnaali03** » Wed Oct 18, 2017 3:08 pm

Needo wrote: ↑
Wed Oct 18, 2017 2:41 pm
Hi Amna
Thanks for congratulations.

I will share my list of Documents later tonight.

Have you already applied or going to apply?

Regards
Naveed

Hi Naveed,
Thanks for your reply. I applied at start of October & received biometric letter on 13th, will give biometrics next week. I shared my list of documents, if you feel easy, plz have a look in my previous post. Any suggestions/ comments will be highly welcomed.

With regards
Amna

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