Employee Hours Calculation & Investment Queries

[Needo]

Hello Dear all,
This forum has been guiding me through the preparation for the Tier1 extension 50k route.

I am seeking guidance from the all the respected senior members regarding the issues mentioned below.

* One of my employee who is working full time since September 2016 and on whom I am planning

• to claim points on, I have an issue with her payslips.
  She was not paid for the month of Jan, Feb 2017 even though she was working full time (as she was working on a project). Then she was paid in April for the months of Jan, Feb and March 2017.
  
  My question is that will this be a problem as her name does not appear on the RTI FPS for the month of Jan and Feb 2017 but her payslip for the month of March 2017 shows payment for all three months separately?
  
  * The same employee submitted her work time sheet for the month of April 2017 very late and she was paid for only 37 hours for the month of April 2017 (she worked 130hours in April 2017). The remaining 93 hours were paid on May 2017 payslip along with May 130 hours.
  
  Will this be an issue?
  
  My third concern is that my solicitor made an error with my initial application regarding investment. He ticked the box which states " part of the fund have been invested" where as all of the funds were invested before my initial application. He gave the details of all the funds as more than 31k were sitting in the business bank account and payment proofs with purchase orders for 20k were attached and mentioned in the application.
  
  Now my question is whether my funds were been considered fully invested or part of the funds have been invested (as he ticked the box part of the funds have been invested)?
  
  All senior members thoughts and comments are highly appreciated

[marcnath]

1) As long as the payslips and FPS show that the payments was for different months, I would not expect that the actual payment date to be a problem.
2) Similar issue with the April/May - Does the payslip clearly show that the payment was for hours in April ? If so, you should be able to argue on that basis. But if the May payslip just totalled the hours, then it quite possible HO will limit to 130 hrs in total for that month. You can try explaining it with the timesheet, but HO would be within their rights to ignore it (they may accept - it is not possible to know)
3) Regarding investment, your safe bet would be to tick the box that investment points have already been awarded but still include all the evidence. You can also try writing to UKVI now and clarifying as to whether they did take the full amount

[Needo]

Marcnath thank you very much for your reply.

1. The FPS for Jan, Feb does not show the employee as she was not paid. The March FPS shows total amount paid. But The Payslip for March shows clearly the number of hours and pay for each month seperately.

2. The April/May situation is the same like above. It clearly shows the number of hours worked each month.

3. Can I ask the HO about the investment they considered for awarding points for the initial application. Will they tell me that which one they considered (Part of the investment or Full investment)?

Regards

[marcnath]

Marcnath thank you very much for your reply.

1. The FPS for Jan, Feb does not show the employee as she was not paid. The March FPS shows total amount paid. But The Payslip for March shows clearly the number of hours and pay for each month seperately.

2. The April/May situation is the same like above. It clearly shows the number of hours worked each month.

3. Can I ask the HO about the investment they considered for awarding points for the initial application. Will they tell me that which one they considered (Part of the investment or Full investment)?

Regards

Ok. Your situation is not something that the guidelines covers, but if the payslips clearly set out the payments each month as you say, I can't see how the HO can say no. Make sure you explain it in your cover letter and include the timesheets as supporting evidence.

You can definitely ask HO. But whether they will tell you the answer is something you will only know when they reply - though I don't see why they wouldn't.