Commercial property investment

[rahul190]

Hello,

In regards to employee creation,

For 12 months position, all payslips, payment record and other necessary documents have been prepared, though business mode has changed from partnership to company. For 10 months employee position were hold and then partnership business has changed to company, for 11th month of employees payslips were made into company name which has been an error, also fps has submitted but in last 12th month, accountant restored 11th month payslip of employees which was made on company name initially and then after restoring everything payslips for partnership business name has been issued, reason is to carry on position under one business name for 12 months.

Now my query is when initially in 11th month when employees payslips issued under company name, one of the employee got paid by bank transfer, so there is cross entry of wages paid from company's business account while payslip has got name of partnership business name on it because in 12th month, 11th month payslips was restored.

Is there any issue for HO, because all payslips has partnership name on it but in 11th month employee got paid from company's business account rather then partnership business account?

[marcnath]

Hello,

In regards to employee creation,

For 12 months position, all payslips, payment record and other necessary documents have been prepared, though business mode has changed from partnership to company. For 10 months employee position were hold and then partnership business has changed to company, for 11th month of employees payslips were made into company name which has been an error, also fps has submitted but in last 12th month, accountant restored 11th month payslip of employees which was made on company name initially and then after restoring everything payslips for partnership business name has been issued, reason is to carry on position under one business name for 12 months.

Now my query is when initially in 11th month when employees payslips issued under company name, one of the employee got paid by bank transfer, so there is cross entry of wages paid from company's business account while payslip has got name of partnership business name on it because in 12th month, 11th month payslips was restored.

Is there any issue for HO, because all payslips has partnership name on it but in 11th month employee got paid from company's business account rather then partnership business account?

I have to admit this was confusing. But let me see if I understood it correctly.

1. You changed your business from partnership to limited company 10 months into the period you are claiming employment for
2. In the 11th month, payslip was issued on company name. Salary was paid from company business account
3. In the 12th month, everything was reverted to partnership - payslip and payment account
4. You went back and corrected the 11th month payslip to show it as from partnership

You want to know if this could cause problem because the payment for the 11th month is from the company's bank account instead of partnership's bank account.

If I got the above right, I don't think it is an issue at all.

[rahul190]

I agree it's confusing,

I'm glad to know it is not an issue at all. Appreciate your help.

You have got all points correctly though in point 3 you menioned everything reverted in partnership name, payslips and payment account,

Payslips has reverted which is correct but by payment account what exactly you mean if you can explain me please.

Another query is because payslips reverted in 12th month, FPS of 11th month which was submitted and done, now cleared as nill and FPS under partnership name has issued and submitted again as late submissions.

Late submission of FPS cause any issue for HO?

Also, FPS in moneysoft will be accepted by HO or does it have to be in sage?

[marcnath]

I agree it's confusing,

I'm glad to know it is not an issue at all. Appreciate your help.

You have got all points correctly though in point 3 you menioned everything reverted in partnership name, payslips and payment account,

Payslips has reverted which is correct but by payment account what exactly you mean if you can explain me please.

I meant that in month 12, you made the salary payment from partnership bank account

Another query is because payslips reverted in 12th month, FPS of 11th month which was submitted and done, now cleared as nill and FPS under partnership name has issued and submitted again as late submissions.

Late submission of FPS cause any issue for HO?

No

Also, FPS in moneysoft will be accepted by HO or does it have to be in sage?

FPS from any software is ok.

[rahul190]

Thank you for your advice.

Also,

1. My one business has two business account.

One of the investment amount has transferred from one buinsess account to my personal account and then from personal to another business account.

Will this be count as my investment under 200k ?

2. My business has done an extension of building work, but struggling to get completion report from building control inspection within time frame of my application. If I rely on that part of expense of extension work, missing completion report which is last stage of work not having document filed in application have any issue for HO ?

3. Within is this three years, I had one business which is sold and another business running, I had business account from old business running as it's active, would you suggest me to close it or it doesn't make any different? Also, except this two businesses I'm registered into to third business but I'm not relying on that business, do I still have to provide accounts for that or should I just not mentione about third Business.

4. My business has been in loss, so no national insurance or tax has paid, will that be ok for HO ?

[marcnath]

Thank you for your advice.

Also,

1. My one business has two business account.

One of the investment amount has transferred from one buinsess account to my personal account and then from personal to another business account.

Will this be count as my investment under 200k ?

The simple answer is I don't think it will be counted as your investment. This is just money moved from one account in the business to another account in the same business. Does not matter if your personal account was in between.

2. My business has done an extension of building work, but struggling to get completion report from building control inspection within time frame of my application. If I rely on that part of expense of extension work, missing completion report which is last stage of work not having document filed in application have any issue for HO ?

This has nothing to do with your immigration application.

3. Within is this three years, I had one business which is sold and another business running, I had business account from old business running as it's active, would you suggest me to close it or it doesn't make any different? Also, except this two businesses I'm registered into to third business but I'm not relying on that business, do I still have to provide accounts for that or should I just not mentione about third Business.

It does not matter. You can have as many businesses as you want.
You only need to provide documents for evidence of the points you are claiming.
So, if you are not claiming investment or job creation or being in business for the third business, you don't need to show any documents relating to that business at all.

4. My business has been in loss, so no national insurance or tax has paid, will that be ok for HO ?

It does not matter if the business is in loss or profit. So not having paid tax is no issue.
However, National insurance has nothing to do with whether your business is in loss or profit.

[rahul190]

Right okay.

For question one, about money transfer from one business account to personal and then from personal to another business account of same business, that fund will not be counted according to you. But originally when first business was sold closing balance carried out into business account and business name and addrsss has changed for new business and same business account carried for second business. Now in second business, balance was holding that has came originally from my personal account to first business account. And then it has transferred from second business account to personal and then personal to business.

(more details for the first question I asked)

[marcnath]

Right okay.

For question one, about money transfer from one business account to personal and then from personal to another business account of same business, that fund will not be counted according to you. But originally when first business was sold closing balance carried out into business account and business name and addrsss has changed for new business and same business account carried for second business. Now in second business, balance was holding that has came originally from my personal account to first business account. And then it has transferred from second business account to personal and then personal to business.

(more details for the first question I asked)

I am sorry, but the way you write is extremely confusing.

What you need to do is look at the evidence you need for you proof of investment and provide the documents for it.
1. Decide which business you are going to use for your investment.
2. For that business, provide the accounts that show the investment in your name (whether by shares or DL)
3. If it is by DL, then have bank statements for that business which clearly show money transferred for the investment. Each investment transaction has to have your name in full in the statement.

That is all you need. Any information about business(es) other than the one you choose does not matter.

[rahul190]

That's fine.

Let me put it this way,

1. Business A sold, closing balance for example 50k which originally came from personal account.

2. Business b start with business account x and y, opening balance 50k in business account x (same business account because only business name and address has changed from previous business)

3. Now 50k transferred from business account x to personal and then from personal to business accoun y.

Now this 50k investment count as director loan ?

[marcnath]

That's fine.

Let me put it this way,

1. Business A sold, closing balance for example 50k which originally came from personal account.

2. Business b start with business account x and y, opening balance 50k in business account x (same business account because only business name and address has changed from previous business)

3. Now 50k transferred from business account x to personal and then from personal to business accoun y.

Now this 50k investment count as director loan ?

In short, it seems to be a valid investment of 50K.

You just need to figure out what is the evidence you will provide.

I think the best is to use you Business A and the bank statements from that initial investment as evidence.

2 and 3 are just some internal money transfers that don't have any impact on your application

[rahul190]

I have the choice of either class 2 or class 3 – essentially I haven’t paid National Insurance because profits have been too low

1. Class 2 would be cheaper but will you be able to advise further?

In Dec, 14 business A, sold on lease in July,15
NI paid that time

Jan, 16 business B, no NI paid because of low profit

2. Salary has been taken as drawings but not regularly, showing less salary or no salary have any concerns for HO?

[marcnath]

I have the choice of either class 2 or class 3 – essentially I haven’t paid National Insurance because profits have been too low

1. Class 2 would be cheaper but will you be able to advise further?

In Dec, 14 business A, sold on lease in July,15
NI paid that time

Jan, 16 business B, no NI paid because of low profit

2. Salary has been taken as drawings but not regularly, showing less salary or no salary have any concerns for HO?

NI Is not an immigration related matter.
But neither the NI nor salary has any impact on your T1E application

[rahul190]

Thanks for your advice

1. Business A which has been sold, I'm relying on that for majority part of investment. Business account statement haven't got business address because postal address was completely different. Bank is not giving any kind of letter for confirming business address and not even having partners name on statements. It concerns me about how HO will look at this business account statement, any advice on this please? Business sold but account is still running, would you suggest to close it before application or makes no difference?

2. For maintenance fund points, original bank statement of last 3 months enough or bank letter will be required. Also, if I apply end of this month what's the time frame of this maintenance fund statement before application date ?

[marcnath]

Thanks for your advice

1. Business A which has been sold, I'm relying on that for majority part of investment. Business account statement haven't got business address because postal address was completely different. Bank is not giving any kind of letter for confirming business address and not even having partners name on statements. It concerns me about how HO will look at this business account statement, any advice on this please? Business sold but account is still running, would you suggest to close it before application or makes no difference?

I assume the business name is correctly stated on the statement. That should be sufficient.

2. For maintenance fund points, original bank statement of last 3 months enough or bank letter will be required. Also, if I apply end of this month what's the time frame of this maintenance fund statement before application date ?

Orignal bank statements is good enough. Statement has to be dated no more than 31 days before your application date. So a statement on any day in July will satisfy the requirement. And it has to cover 90 days before the statement date.

[rahul190]

In regards to first question, in 11th months payslips & fps reverted. If I skip that month payslips & other related documents. If I submit payslips & fps all under one name for 13 month period but one month missing documents(11th), will that meet requirements?

Payslips from June, 16 till April, 17 (total 11 months under partnership business name) and June, 17 & July 17 (total 2 months under partnership business name)

Any chance like HO will ask why one month payslips missing ? Any chance of refusal if I claim point on this basis.

[marcnath]

In regards to first question, in 11th months payslips & fps reverted. If I skip that month payslips & other related documents. If I submit payslips & fps all under one name for 13 month period but one month missing documents(11th), will that meet requirements?

Payslips from June, 16 till April, 17 (total 11 months under partnership business name) and June, 17 & July 17 (total 2 months under partnership business name)

Any chance like HO will ask why one month payslips missing ? Any chance of refusal if I claim point on this basis.

That is ok and you should still get the points. In the application form, you will still show the correct start and end date. (June 16 to Present)
I thought you resubmitted FPS for May 17 with the partnership business name ? If so, I see no reason why you should skip that. There is no requirement that salary, NI, etc. has to be paid from the business bank account.
Most probably the CW will assume you forgot to include that, but as the total still is over 12 months, would not bother. But it is also possible that they will ask you to provide that.
It is tough to see how they could refuse you on this basis.

[rahul190]

It has been resubmitted but we have decided to make application by not submitting may(11th month) payslips, because we have met requirements by 12 month 2 full time position and as your suggestion we will still get points.

[marcnath]

It has been resubmitted but we have decided to make application by not submitting may(11th month) payslips, because we have met requirements by 12 month 2 full time position and as your suggestion we will still get points.

Ok.
In that case, it may be better to show that in the form the same way. Under the Job detail, show the employee in two lines. Start June 16, end Apr 17 and then Start Jun 17 to Present.
That will preempt any doubts or questions.

[rahul190]

Okay, that could help.

Also, if I apply in first week of July, 17 till what all business account statements have to be ?

[marcnath]

Okay, that could help.

Also, if I apply in first week of July, 17 till what all business account statements have to be ?

The business account statements you submit has nothing to do with your application date.

You only need to submit:
1. One bank statement for each of the company you have invested in to show that the business has a UK Bank account
2. Business account statements that show the transactions of you investment amounts.

The same statement could be evidence for both points, if needed.

No other statements are needed.

[rahul190]

According to current situation, after accounts done, major shortfall has came up for 200k ent. extension, because of short time, if I make application and I'm aware of it will be a rejection but when I will get result, if shortfall amounts will be arranged after application and will be transferred from personal to business after my visa expires and spent into business. Does home office will count my investment which was done after visa expires or not?

Application time shortfall for example £40,000 still application submitted
After application few months later money has been introduced and spent in business, accounts prepared £45,000 can see into accounts. Then results came as £40,000 shortfall. Which I have made up already, if I make application again within 14 days with that accounts, do I qualify to get all points and get visa ?

[rahul190]

According to current situation, I have shortfall to meet requirement of £200k inv. Because of short time, even if I'm aware of shortfall, if I still make an application and after my visa expires if I arrange amount of shortfall as capital introduced into my account and spend into business, do I qualify to get all points ?

Example
1. After all accounts shotfall can see as £40,000 still application submitted
2. After application submitted, fund as capital introduced of £50,000 transferred from personal to business which was after visa expires
3. New management accounts after application justify £50,000 investment done under my name to business.

When I get refusal later and if refusal letter only mention £40k shortfall and within 14 days if I make application again with £50k investment on accounts that has been done after 1st application, does home office will consider that as my £200k inv, or that will be rejection because of inv after visa expires ??

[marcnath]

According to current situation, I have shortfall to meet requirement of £200k inv. Because of short time, even if I'm aware of shortfall, if I still make an application and after my visa expires if I arrange amount of shortfall as capital introduced into my account and spend into business, do I qualify to get all points ?

Example
1. After all accounts shotfall can see as £40,000 still application submitted
2. After application submitted, fund as capital introduced of £50,000 transferred from personal to business which was after visa expires
3. New management accounts after application justify £50,000 investment done under my name to business.

When I get refusal later and if refusal letter only mention £40k shortfall and within 14 days if I make application again with £50k investment on accounts that has been done after 1st application, does home office will consider that as my £200k inv, or that will be rejection because of inv after visa expires ??

It surprises me this can happen that you discover this so late.
Also, the fact that you are not able to transfer that shortfall in the few days left before you apply for your renewal indicates that you do not have access to the funds.
As per the conditions of a T1E visa, you should have access to the funds all the time until the investment is made.
So, it is possible you have violated the conditions of your visa and if HO becomes aware of it, they have the right to curtail your current visa.
Coming to the question about whether the additional investment after your visa expiry will be accepted in a fresh application, it is possible that they will.
But if you do that, I think the chances that HO will check on your continuous access to the funds is quite high which may lead to the curtailment of your initial grant.
Up to you if you want to take the risk, but I would not.

[rahul190]

According to account

1. Business A capital introduced £110k after profit share amount £5k, total money withdrawn £115k and introduced to business B, entry from business to business, so business A investment count 0

2. Business B, capital introduced £115k to bus. account 1. From business account 1 to my personal account £50k transferred and then from personal account to bus. account 2 it has been transferred. But because money was taken by me as in personal account, my accountant put that £50k as drawing into final accounts. And solicitor disagree to count that £50k investment under £200k because it shows as drawing.

Any suggestions like could this £50k will be count by ho or not ?

[rahul190]

Basically, money taken from business account to personal account and reintroduced again from personal to business account either in same business account and 2nd business account, can count that fund under 200k which has gone from personal to business?, also, having drawing amount on accounts is necessary because some final accounts has no drawing amount mentioned even if there is drawing. Is it possible?