Director's Loan agreement and Fund transfer

[marcnath]

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

Thanks marcnath,

It will be actually cooperation between both companies to cover the market in country "B" needs.

It's Ok with HMRC, but I just wondering if at any point the HO can have any issue with it, as the money will be transferred to another company in another country.

Looking forward to hearing from you,

Thanks in advance.

I have not gone back through the whole thread and I don't recall your situation entirely.

But the only thing that I can imagine would have an impact is clause 245D(c)(ii) where the money invested excludes investing in businesses, other than those which the applicant is running as self-employed or as a director

I can't assess whether it applies in this specific case as there are a number of issues - is it the investment money, is it an investment in other business and so on.

You seem to indicate that is not the case but you know your business - I don't.

[tier1entrepreneur-A]

What would that have to do with any immigration rules unless what you are actually doing is investing into the other company

Thanks marcnath,

It will be actually cooperation between both companies to cover the market in country "B" needs.

It's Ok with HMRC, but I just wondering if at any point the HO can have any issue with it, as the money will be transferred to another company in another country.

Looking forward to hearing from you,

Thanks in advance.

I have not gone back through the whole thread and I don't recall your situation entirely.

But the only thing that I can imagine would have an impact is clause 245D(c)(ii) where the money invested excludes investing in businesses, other than those which the applicant is running as self-employed or as a director

I can't assess whether it applies in this specific case as there are a number of issues - is it the investment money, is it an investment in other business and so on.

You seem to indicate that is not the case but you know your business - I don't.

Thank marcnath.

[tier1entrepreneur-A]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

[marcnath]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

[tier1entrepreneur-A]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

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

That will be great,

So in my dependant case, They can have 8 months as dependants under non point based visa, and then 4 years and 4 months as a dependants under Tier 1 entrepreneur visa,

Have you got any reference for that, that will be really helpful.

Thanks in advance,

[marcnath]

HI team,

Does tier 1 entrepreneur dependant must be staying for 5 years as tier 1 entrepreneur dependant before applying for ILR, or the qualified 5 years can be mixed between dependant under non point based work visa and dependant unter PBS - Tier 1 ?

Thanks in advance.

It can be a combination of any dependant visa, but not work visa

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

That will be great,

So in my dependant case, They can have 8 months as dependants under non point based visa, and then 4 years and 4 months as a dependants under Tier 1 entrepreneur visa,

Have you got any reference for that, that will be really helpful.

Thanks in advance,

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

[tier1entrepreneur-A]

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

[marcnath]

Which was the non point work visa ?

The relevant clause is 319E(d)(ii)(c), which states:

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

[tier1entrepreneur-A]

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

Thanks marcnath, really much appropriated,

For myself, offshore worker stay period doesn't count toward the qualified period for ILR,

But I'm wonder if for wife and kids, it all classified as dependent visa, and they have switched within the UL between the first visa and the second one as both dependant visa.

WRT kids, you have mentioned that no continuous stay criteria for kids, does this mean that once I receive my ILR under the 5 year rout or the 3 year rout (accelerated rout) I will be able to apply for them for ILR doesn't matter how many days they stayed in the UK?, and only my wife who needs to stay for 5 years to apply for ILR with max 180 days absence in any 12 month period (as per 8th Jan 2018 update)

Looking forward to hearing from you.

Thanks in advance.

[marcnath]

Thanks marcnath,

My wife and kids dependant visa was under the following category:

Work
Dependants more than 6 Months

My work visa was " Work, Non point based, Offshore worker".

Do you think it still ok for them to combined both stay periods?

Thanks in advance.

There are no continuous stay criteria for kids, so their visa is irrelevant.

I am not absolutely clear if the off shore worker visa falls under the immigration rules. It has to be in order for that dependant time to be counted. I'll try and check that but maybe someone else can reply in the meanwhile.

Thanks marcnath, really much appropriated,

For myself, offshore worker stay period doesn't count toward the qualified period for ILR,

But I'm wonder if for wife and kids, it all classified as dependent visa, and they have switched within the UL between the first visa and the second one as both dependant visa.

WRT kids, you have mentioned that no continuous stay criteria for kids, does this mean that once I receive my ILR under the 5 year rout or the 3 year rout (accelerated rout) I will be able to apply for them for ILR doesn't matter how many days they stayed in the UK?, and only my wife who needs to stay for 5 years to apply for ILR with max 180 days absence in any 12 month period (as per 8th Jan 2018 update)

Looking forward to hearing from you.

Thanks in advance.

Having looked into it further, I find that>

Subject to normal visa requirements, off-shore workers are allowed to live in the United Kingdom during their shore leave outside the immigration rules. Their dependants are also exceptionally allowed to base themselves in the United Kingdom.

It appears that that "visa" is outside immigration rules, so it would not count towards the five years for the dependants. Sorry about that.

While there is no continuous stay requirement for children, the minimum requirement is that both parents have to have ILR or be applying for ILR. So, in effect, they only qualify when your partner does. There are no absence criteria for kids.

[tier1entrepreneur-A]

Having looked into it further, I find that>

Subject to normal visa requirements, off-shore workers are allowed to live in the United Kingdom during their shore leave outside the immigration rules. Their dependants are also exceptionally allowed to base themselves in the United Kingdom.

It appears that that "visa" is outside immigration rules, so it would not count towards the five years for the dependants. Sorry about that.

While there is no continuous stay requirement for children, the minimum requirement is that both parents have to have ILR or be applying for ILR. So, in effect, they only qualify when your partner does. There are no absence criteria for kids.

Thanks marcnath for your valuable efforts and advice, it' really much appreciated.

All noted.

Have a good day.

[tier1entrepreneur-A]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

[tier1entrepreneur-A]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

[marcnath]

Hi Team,

I have recognised that a full time employee payslips have "Basic salary" = £1700 monthly written on his payslips instead of hours and hourly rate

What I will need to do when applying for extension?

Do I will need to ask the accountant to reprint the payslips with the contracted hours and hourly rate?

Or

I will use the current payslips and will add his contract with my extension application?

Or

I will just fill the hourly rate on the application and list that he is working full time?

Or

Something else

Looking forward to hearing from you,

Thanks in advance.

option 3

[tier1entrepreneur-A]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

[bizman]

This is new to me and I have not heard about anybody that had the same experience, I however think since MA is statutory then it will not be a problem, she is still in your employment only on maternity leave which is legally paid for by government. I believe if you can get evidences of payments she had from government and you explain the circumstance in a covering letter to HO, you should be ok.

[marcnath]

There was a case here that was rejected initially but approved on AR.

Since the requirement is to create a job paid as per regulations, not necessarily to pay X amount, it is my view that it should be accepted.

[grreg]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

Hi tier1entrepreneur - did you get an answer regarding your staff member on Maternity Leave? I have the same situation. Would appreciate if you have any info about that.

Greg

[tier1entrepreneur-A]

Hi Team,

One of my employee have been working with me for 6 months and then she give birth, so she start receiving MA from the government, and the salary from my company side equal zero,

At the moment, she had been with my company for 12 months, 6 of them receiving salary and the last 6 with no salary (zero working hours as she are not allowed to work while receiving MA) as she is receiving MA from the government,

The accountant still preparing payslip for her monthly, and her record still the same with zero salary on the monthly full payment submission (FPS) submitted monthly (until now) to HMRC,

My question is:

Does she will be classified by HO the she have been working for the 12 months?, or they will only classified her to be working for the first 6 months (which she earned salary on them and with over 30hrs work per week working hours)?

I couldn't have an answer for this, and the accountant doesn't know,

Looking forward for your valuable advice,

Thanks in advance.

Hi tier1entrepreneur - did you get an answer regarding your staff member on Maternity Leave? I have the same situation. Would appreciate if you have any info about that.

Greg

Hi Greg,

In my case, the employee will return back after her leave and will continue working for me, and she will be over two years working with me before my visa extension application submission, so I plan to ignore the 9 months leave, and I will submit other 12 months payslips, just to be safe

Best Regards.

[tier1entrepreneur-A]

Hi Team,

One of my employee "A" is working in job role X for over a year, and I need to use him in another job role Y within the same company, It will be different job roles and job description, totally different tasks.

My question is:

Am I will be able to classify it as two jobs during my accelerated ILR application (even if he is the same employee)?

(FYI, I have other employees working on my company other than that employee)

Do I will have to submit his document twice on the accelerated ILR application, one with each job role, and included job description?

Thanks in advance for your support.

[marcnath]

Hi Team,

One of my employee "A" is working in job role X for over a year, and I need to use him in another job role Y within the same company, It will be different job roles and job description, totally different tasks.

My question is:

Am I will be able to classify it as two jobs during my accelerated ILR application (even if he is the same employee)?

(FYI, I have other employees working on my company other than that employee)

Do I will have to submit his document twice on the accelerated ILR application, one with each job role, and included job description?

Thanks in advance for your support.

Are you filling job role X with another employee once A moves to job Y ?

While a strict reading of the immigration rules should mean that you can do that, I am very doubtful HO will accept. Otherwise people could just hire 4 persons (for example) and change their roles every year to create 12 FT job equivalent.

If you have very good justification for why one job has to end and a new one created and you are prepared to take it to court if needed, I would think it would be possible. But take a professional legal advice.

[tier1entrepreneur-A]

Hi Team,

One of my employee "A" is working in job role X for over a year, and I need to use him in another job role Y within the same company, It will be different job roles and job description, totally different tasks.

My question is:

Am I will be able to classify it as two jobs during my accelerated ILR application (even if he is the same employee)?

(FYI, I have other employees working on my company other than that employee)

Do I will have to submit his document twice on the accelerated ILR application, one with each job role, and included job description?

Thanks in advance for your support.

Are you filling job role X with another employee once A moves to job Y ?

While a strict reading of the immigration rules should mean that you can do that, I am very doubtful HO will accept. Otherwise people could just hire 4 persons (for example) and change their roles every year to create 12 FT job equivalent.

If you have very good justification for why one job has to end and a new one created and you are prepared to take it to court if needed, I would think it would be possible. But take a professional legal advice.

Thanks marcnath for your clarification, it's much appreciated,
Seems to be that to be safe; not to count employee A when change his roles to job Y (only one Job when count him toward the required employment by HO).

Many thanks for your valuable advice.

[tier1entrepreneur-A]

Hi Team,

My company year end on 31st Jan, I will apply for visa extension or ILR before 31st Jan, what will be the documents I need to submit for the company accounts for the last few months pre my visa application, for example:

Company year end on the 31st Jan, application date for extension will be 1st Dec, which mean that I only have two years company end of year accounts,

My question is:

Do I need to change the end of year date for say 31st Oct instead of 31st Jan, so I can complete the company end of year account for the third year and submit with my application the accounts for three years,

OR

I can ask the accountant to prepare a summary report for the company for up to 30th Nov and submit with my application the end of year accounts for the first two years plus this document from the accountant for the few months the third year,

OR

It's not required to submit the accountant documents for the last year, and I can just prepare a summary from my bookkeeping highlight the company turn over and the director loan balance, and the company balance just before the date of application.

Looking forward to hearing from you.

Thanks in advance.

[marcnath]

Hi Team,

My company year end on 31st Jan, I will apply for visa extension or ILR before 31st Jan, what will be the documents I need to submit for the company accounts for the last few months pre my visa application, for example:

Company year end on the 31st Jan, application date for extension will be 1st Dec, which mean that I only have two years company end of year accounts,

My question is:

Do I need to change the end of year date for say 31st Oct instead of 31st Jan, so I can complete the company end of year account for the third year and submit with my application the accounts for three years,

OR

I can ask the accountant to prepare a summary report for the company for up to 30th Nov and submit with my application the end of year accounts for the first two years plus this document from the accountant for the few months the third year,

OR

It's not required to submit the accountant documents for the last year, and I can just prepare a summary from my bookkeeping highlight the company turn over and the director loan balance, and the company balance just before the date of application.

Looking forward to hearing from you.

Thanks in advance.

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.

[tier1entrepreneur-A]

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)?

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?,

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.