Transitional Agreement question- wording

[sm12]

The caseworkers' guidance states:

Pre-6 April 2014 transitional arrangement
If a Tier 1 (Entrepreneur) migrant successfully applied to enter the route before 6
April 2014, and they are making an extension application or a settlement application
before 6 April 2019, they may continue to employ (and still score points for job
creation):
• one worker for 24 months
• one worker for 6 months and one for 18 months
• 4 workers for 6 months each

I know that the forum consensus is that pre April 2014 applicants only require 24 months of total employment, but in the above text taken from the guidance, there is actually no mention of total 24 months of employment. Very clear examples of what will be accepted have been provided.
Is there anyone here who had a total of 24 months, did not meet one of the criteria set out above, and still got extension/ILR in recent months? Caseworkers follow the rules pretty closely, so I don't want to be in for a rude shock when I apply in a few months.

[zimba]

Because the old guides/rules used to mention that you need to create simply 'equivalent of 2 full time jobs' before April 2014.
After April 2014 and rule changes, HO made sure that people who followed the rules up to that point are not at a disadvantage and created this transitional arrangement which in fact made it possible to score points with 'equivalent of 2 full time jobs'.
The examples given in the guide are simply examples. There have been many applicants who got extension by simply creating the total of 104 weeks of full time.

[sm12]

Because the old guides/rules used to mention that you need to create simply 'equivalent of 2 full time jobs' before April 2014.
After April 2014 and rule changes, HO made sure that people who followed the rules up to that point are not at a disadvantage and created this transitional arrangement which in fact made it possible to score points with 'equivalent of 2 full time jobs'.
The examples given in the guide are simply examples. There have been many applicants who got extension by simply creating the total of 104 weeks of full time.

Hi Zimba

Thank you for your reply. Do you think it would be best to write a cover letter explaining this, with a copy of an archived guidance (the relevant page)?

[zimba]

No.

[sm12]

Thank you, Zimba.
Do you think having the same job titles for two employees matters for pre April 2014 candidates?

[marcnath]

Thank you, Zimba.
Do you think having the same job titles for two employees matters for pre April 2014 candidates?

There was a case here where the job creation points was not awarded because of the same title - CW took it as the same job and so only counted one job.
It was overturned in AR (if I remember right).
It shouldn't matter, but it would be a good idea to just differentiate - Cashier 1 and Cashier 2 or Manager (day shift) and Manager (night shift), etc. to show clearly that it is two job.

Remember, this about jobs, not employees.

[sm12]

Thank you, Zimba.
Do you think having the same job titles for two employees matters for pre April 2014 candidates?

There was a case here where the job creation points was not awarded because of the same title - CW took it as the same job and so only counted one job.
It was overturned in AR (if I remember right).
It shouldn't matter, but it would be a good idea to just differentiate - Cashier 1 and Cashier 2 or Manager (day shift) and Manager (night shift), etc. to show clearly that it is two job.

Remember, this about jobs, not employees.

Hi Marcnath

Thank you for your reply.
I'll keep that in mind when I fill the tables.
Do I need to submit proof of registration for corporation tax and bank statements?

[marcnath]

Not sure what you mean by “proof of registration “. You need to submit documents that show your business has a UK address, is taxable in the UK and has a business bank account here.
If proof of registration meets that, then use it. But many other documents can also meet the requirement.

[sm12]

Not sure what you mean by “proof of registration “. You need to submit documents that show your business has a UK address, is taxable in the UK and has a business bank account here.
If proof of registration meets that, then use it. But many other documents can also meet the requirement.

Hi Marcnath
Thank you for your message.
I mean the CT600/CT41G. I was unsure whether the documents like proof of UK address, etc were a part of the investment requirement (at extension), or had to be sent again at the time of ILR.

[marcnath]

Not sure what you mean by “proof of registration “. You need to submit documents that show your business has a UK address, is taxable in the UK and has a business bank account here.
If proof of registration meets that, then use it. But many other documents can also meet the requirement.

Hi Marcnath
Thank you for your message.
I mean the CT600/CT41G. I was unsure whether the documents like proof of UK address, etc were a part of the investment requirement (at extension), or had to be sent again at the time of ILR.

You need that also to show business activity within 6 months of application - so it is needed for your ILR also

[sm12]

Thank you, Marcnath.
My CT41G is dated before my first application date as I set my business up on PSW.
Do I need to send in bank statements, too?

[marcnath]

Thank you, Marcnath.
My CT41G is dated before my first application date as I set my business up on PSW.
Do I need to send in bank statements, too?

There is no date requirement set out for that.
But of course if you have a later tax document that would be better.
And yes, you need a bank account statement too.

[sm12]

Thank you, Marcnath.
My CT41G is dated before my first application date as I set my business up on PSW.
Do I need to send in bank statements, too?

There is no date requirement set out for that.
But of course if you have a later tax document that would be better.
And yes, you need a bank account statement too.

Hi Marcnath

Thank you again for your help.
Just to confirm- you mean a recent business bank statement? Do I need to send one from the first year to show when the business started trading?
I thought the business bank statement was only required at extension not ILR for some reason.

[marcnath]

Thank you, Marcnath.
My CT41G is dated before my first application date as I set my business up on PSW.
Do I need to send in bank statements, too?

There is no date requirement set out for that.
But of course if you have a later tax document that would be better.
And yes, you need a bank account statement too.

Hi Marcnath

Thank you again for your help.
Just to confirm- you mean a recent business bank statement? Do I need to send one from the first year to show when the business started trading?
I thought the business bank statement was only required at extension not ILR for some reason.

If you read the guidance under Business Activity, there is a business bank statement needed there too. Interestingly, it does not set a time frame for that. So I don't think a recent one is needed, but safer to send a recent one.

[sm12]

Thank you again.

I am sending both a bank letter and statement. However, the bank is saying that they cannot address it to HO. Rather, it will simply state "To whom it may concern".
Moreover, they are refusing to use the phrase "the account is used for business purposes". They are only willing to write that the account "is a business account for xxxx ltd trading as xxxxx."
Will this suffice?

[kaps84]

Should be OK. I got the same response yesterday from bank. Likely the same bank and the same person.

[marcnath]

Thank you again.

I am sending both a bank letter and statement. However, the bank is saying that they cannot address it to HO. Rather, it will simply state "To whom it may concern".
Moreover, they are refusing to use the phrase "the account is used for business purposes". They are only willing to write that the account "is a business account for xxxx ltd trading as xxxxx."
Will this suffice?

The statement is redundant, so really the content does not matter.

[sm12]

Does annual leave have to be deducted from the number of hours worked per month?

[sm12]

Does annual leave have to be deducted from the number of hours worked per month?

In general, is paid leave counted under hours worked or not?

[marcnath]

Does annual leave have to be deducted from the number of hours worked per month?

In general, is paid leave counted under hours worked or not?

Yes it is especially if it is paid

[sm12]

Does annual leave have to be deducted from the number of hours worked per month?

In general, is paid leave counted under hours worked or not?

Yes it is especially if it is paid

Thank you.
Yesterday, I saw a thread on the ILR forum about an applicant who was rejected because his employee was on paid maternity leave, which made me wonder how HO look at annual leave.

[marcnath]

Does annual leave have to be deducted from the number of hours worked per month?

In general, is paid leave counted under hours worked or not?

Yes it is especially if it is paid

Thank you.
Yesterday, I saw a thread on the ILR forum about an applicant who was rejected because his employee was on paid maternity leave, which made me wonder how HO look at annual leave.

These things are not specified in the immigration rules so it is impossible to predict HO behaviour. But clearly annual leave would be much more difficult for them to reject as compared to long term leave

[sm12]

We recently changed the registered address, so all HMRC documents have the old address on them, including our recent tax return. Will it be a problem that our new address is not on any corporation tax related document that is submitted for ILR? The next notice to deliver a tax return will arrive in three months, but I have to apply soon.

[marcnath]

We recently changed the registered address, so all HMRC documents have the old address on them, including our recent tax return. Will it be a problem that our new address is not on any corporation tax related document that is submitted for ILR? The next notice to deliver a tax return will arrive in three months, but I have to apply soon.

No

[sm12]

Thank you.

Are printouts of payslips acceptable?
Do I need to stamp them?