Approved: extension application to be submitted in April 2018

[mig2015]

Thanks loads, all clear now

[mig2015]

Thanks for all the valued advice so far, I need to verify a few things regarding to sections L and M of attributes:

we registered the company within 5 months of initial visa's date of issue, and we have been directors of this company until now. All the points are going to be claimed for this business.

i) Identical answers to L3 and M1, by choosing Director of company?

ii) Identical answers to L4 and M2, we tick Companies House documentation?

As evidence in support to the above, I just followed these steps to download CAR:

- Using url to wck2 subdomain of companieshouse, searched for our company, when found selected it by clicking on the company number.
- From right hand side, clicked on Order information on this company
- Selected Current Appointment Report, and by completing the order, it gets me the link to download the CAR.

iii) Can I simply print this free CAR out and attach it to the application?
iv) Shall we sign CAR?
v) Looking to the circumstances explained earlier, am I correct that one CAR (generated today) which I just downloaded, can fulfil both L and M?
if yes,
vi) Can I attach one print-out to the application and both section L and M use it, or one copy per each section?

[mig2015]

Section 4, we are gonna deal with Language, Maintanance and Public funds. Here are a quick summary of my questions:

Regarding to English Language, I sit a test on 2014 prior to applying for initial visa.

i) In response to Select how you would like to claim points for English language:, is this correct to choose Evidence previously submitted / considered to automatically meet, and then leave this section?

With regards to section Q. Maintance:

ii) In response to Q2. Personal bank or building society statements covering a consecutive 90 day period will be chosen
iii) I will ask my bank to send me a set of personal bank statements from 20.12.2017 to 25.03.2017, and that's it? Or does it need to get stamped by bank too?

With regards to part R. Public Funds

iv) A silly one, we got business rate relief from local council for the business premise for all two years, it has nothing to do with public funds, is this correct?

[zimba]

i) In response to Select how you would like to claim points for English language:, is this correct to choose Evidence previously submitted / considered to automatically meet, and then leave this section?

Yes

With regards to section Q. Maintance:
ii) In response to Q2. Personal bank or building society statements covering a consecutive 90 day period will be chosen
iii) I will ask my bank to send me a set of personal bank statements from 20.12.2017 to 25.03.2017, and that's it? Or does it need to get stamped by bank too?

No need for stamps on the official bank statements

iv) A silly one, we got business rate relief from local council for the business premise for all two years, it has nothing to do with public funds, is this correct?

No

[mig2015]

Dealing with Section 2 of the extension application, here are a list questions to double check with respected members:


i) Part D. Immigration History and in answer to D1. What is your current immigration status in the United Kingdom?, is Tier 1 Entrepreneur migrant an appropriate one?

ii) Also a registration with police have been required, I understand original PRC must be submitted along with the application. Now what happens if and for example I need to change residential address meanwhile the application is still awaiting a decision?(Because every change in circumstances must be submitted)

my previous passport, in which the initial Tier 1 visa is attached, expired a year ago and I have got a new passport. Is section C6 for me?

[zimba]

i) Part D. Immigration History and in answer to D1. What is your current immigration status in the United Kingdom?, is Tier 1 Entrepreneur migrant an appropriate one?

Yes

ii) Also a registration with police have been required, I understand original PRC must be submitted along with the application. Now what happens if and for example I need to change residential address meanwhile the application is still awaiting a decision?(Because every change in circumstances must be submitted)

Report changes to UKVI. You should then update the address on the RPC after getting your documents back

my previous passport, in which the initial Tier 1 visa is attached, expired a year ago and I have got a new passport. Is section C6 for me?

Yes

[mig2015]

Thanks for all the valued advice so far, I need to verify a few things regarding to sections L and M of attributes:

we registered the company within 5 months of initial visa's date of issue, and we have been directors of this company until now. All the points are going to be claimed for this business.

i) Identical answers to L3 and M1, by choosing Director of company?

ii) Identical answers to L4 and M2, we tick Companies House documentation?

As evidence in support to the above, I just followed these steps to download CAR:

- Using url to wck2 subdomain of companieshouse, searched for our company, when found selected it by clicking on the company number.
- From right hand side, clicked on Order information on this company
- Selected Current Appointment Report, and by completing the order, it gets me the link to download the CAR.

iii) Can I simply print this free CAR out and attach it to the application?
iv) Shall we sign CAR?
v) Looking to the circumstances explained earlier, am I correct that one CAR (generated today) which I just downloaded, can fulfil both L and M?
if yes,
vi) Can I attach one print-out to the application and both section L and M use it, or one copy per each section?

Thanks Zimba and Marcnath and Kapsa84 for replying to my queries in detail. If any of you could kindly get back to me on this, I would be grateful

[marcnath]

Thanks for all the valued advice so far, I need to verify a few things regarding to sections L and M of attributes:

we registered the company within 5 months of initial visa's date of issue, and we have been directors of this company until now. All the points are going to be claimed for this business.

i) Identical answers to L3 and M1, by choosing Director of company? ==> Yes

ii) Identical answers to L4 and M2, we tick Companies House documentation?==> Yes

As evidence in support to the above, I just followed these steps to download CAR:

- Using url to wck2 subdomain of companieshouse, searched for our company, when found selected it by clicking on the company number.
- From right hand side, clicked on Order information on this company
- Selected Current Appointment Report, and by completing the order, it gets me the link to download the CAR.

iii) Can I simply print this free CAR out and attach it to the application?==> Yes
iv) Shall we sign CAR?==> Not needed
v) Looking to the circumstances explained earlier, am I correct that one CAR (generated today) which I just downloaded, can fulfil both L and M?==> Yes. Ensure it is all the pages of the CAR including filing history
if yes,
vi) Can I attach one print-out to the application and both section L and M use it, or one copy per each section?==> Your choice

[mig2015]

Thanks a lot Marcnath

[kaps84]

ii) Identical answers to L4 and M2, we tick Companies House documentation?

NOTE: I do not want to confuse you on this and suggest you to stick with @marcnath's opinion and suggestion.

Below is what I am planning to do (and is by no means that you also have to do it and I am not sure if I am doing is 100% correct, but think is going to do no harm).

Here you go:
For L4 and M2, I have ticked both the options (HMRC documentation and companies house documentation), since I have the documents from both of them that I can provide.

[mig2015]

Thank you @marcnath and @kaps84

[mig2015]

Here are a summary of my questions with regards to Section N (excluding Job table)

N1. What date did you begin submitting Real Time Information to HMRC?

First RTI, was for the month April 2016 which was submitted on 1st September 2016. since that date both directors have been continuously on payroll with no salary (not paid). First employee of the company started October 2016, however those employees that their employments are being claimed for job creation points, started from Feb 2017.

i) what date seems to be reasonable for question N1?

N2. Please state which specified documents have been provided to demonstrate your job
creation (please tick as appropriate)

We formed a new business, which is being run by two members of an entrepreneurial team.

Checkbox 1 - Documentation to prove the employee was a settled worker

Employees have been either British or EU citizen.

i) I'm going to tick this checkbox.
ii) I'm submitting copy of bio metric page of their passports only.

Checkbox 2 - For directors - a printout from Companies House of the company’s filing history page and of a Current Appointment Report to show that the applicant is/was a director of each business for the period in which the employment existed

i) I'm going to tick this checkbox
ii) CAR for each director is being provided along with the application

Checkbox 3 - For members of a partnership - a printout from Companies House of the partnership’s
filing history page and of a Current Appointment Report to show that the applicant is/was a member of each partnership for the period in which the employment existed

i) I will not tick this checkbox.

Checkbox 4 - Employee Payment Records, original HM Revenue & Customs P45 or P46 (if applicable)

i) I will not tick this checkbox.

Checkbox 5 - Real Time-Full Payment Submissions

i) I'm going to tick this checkbox.
ii) I'll attach printouts of RTI-FPS per month, starting from February 2017 to March 2018
iii) A sample of the RTI-FPS that we have is as following (two images belong to a single page). Does this seem to have all the details needed for the purpose of application?




iv) are RTIs required to be signed by directors?

Checkbox 6 - Pay or wage slips to cover total period of employment created for each worker

i) I'm going to tick the checkbox
ii) a simple printout of each payslip for the whole period of employment will be attached to the application and submitted.
iii) They appear as following. Does this seem to have all the details required for the purpose of my application?



iv) are payslips required to be signed by directors?


v) Now and if I'm right, N3a, N3b and N3c are not relevant to my application.
vii) I will not submit any further document/evidence for Job creation

[marcnath]

Here are a summary of my questions with regards to Section N (excluding Job table)

N1. What date did you begin submitting Real Time Information to HMRC?

First RTI, was for the month April 2016 which was submitted on 1st September 2016. since that date both directors have been continuously on payroll with no salary (not paid). First employee of the company started October 2016, however those employees that their employments are being claimed for job creation points, started from Feb 2017.

i) what date seems to be reasonable for question N1?`==> You are not supposed to be giving "reasonable" answers. You have to give correct answers. The question is straightforward and so is the answer.

N2. Please state which specified documents have been provided to demonstrate your job
creation (please tick as appropriate)

We formed a new business, which is being run by two members of an entrepreneurial team.

Checkbox 1 - Documentation to prove the employee was a settled worker

Employees have been either British or EU citizen.

i) I'm going to tick this checkbox.
ii) I'm submitting copy of bio metric page of their passports only.

Checkbox 2 - For directors - a printout from Companies House of the company’s filing history page and of a Current Appointment Report to show that the applicant is/was a director of each business for the period in which the employment existed

i) I'm going to tick this checkbox
ii) CAR for each director is being provided along with the application

Checkbox 3 - For members of a partnership - a printout from Companies House of the partnership’s
filing history page and of a Current Appointment Report to show that the applicant is/was a member of each partnership for the period in which the employment existed

i) I will not tick this checkbox.

Checkbox 4 - Employee Payment Records, original HM Revenue & Customs P45 or P46 (if applicable)

i) I will not tick this checkbox.

Checkbox 5 - Real Time-Full Payment Submissions

i) I'm going to tick this checkbox.
ii) I'll attach printouts of RTI-FPS per month, starting from February 2017 to March 2018
iii) A sample of the RTI-FPS that we have is as following (two images belong to a single page). Does this seem to have all the details needed for the purpose of application? ==> ok.




iv) are RTIs required to be signed by directors? ==> No.

Checkbox 6 - Pay or wage slips to cover total period of employment created for each worker

i) I'm going to tick the checkbox
ii) a simple printout of each payslip for the whole period of employment will be attached to the application and submitted.
iii) They appear as following. Does this seem to have all the details required for the purpose of my application? ==> ok.



iv) are payslips required to be signed by directors? ==> No


v) Now and if I'm right, N3a, N3b and N3c are not relevant to my application. ==> Yes
vii) I will not submit any further document/evidence for Job creation

[mig2015]

[quote=marcnath post_id=1615851 time=1522311476 user_id=76145]
[quote=mig2015 post_id=1615774 time=1522279637 user_id=121333]
Here are a summary of my questions with regards to Section N (excluding Job table)

N1. What date did you begin submitting Real Time Information to HMRC?

First RTI, was for the month April 2016 which was submitted on 1st September 2016. since that date both directors have been continuously on payroll with no salary (not paid). First employee of the company started October 2016, however those employees that their employments are being claimed for job creation points, started from Feb 2017.

i) what date seems to be reasonable for question N1?`==> You are not supposed to be giving "reasonable" answers. You have to give correct answers. The question is straightforward and so is the answer.

Thank you @marcnath, This is still a tough one; the act of submission has been done 01.09.2016 for the first time, however the first RTI submitted is for Apr 2016. Looking to it as being straightforward, I can only conclude that the correct answer is 01.09.2016. Your advice would be appreciated

[kaps84]

01.09.2016

Your understanding is correct. It is the date when you started submitting !
not the month for which you submitted.

This is what my understanding is, and was a similar situation for me.

[marcnath]

01.09.2016

Your understanding is correct. It is the date when you started submitting !
not the month for which you submitted.

This is what my understanding is, and was a similar situation for me.

Agree

[mig2015]

Thanks @marnath and @kaps84

Here is a list of employees and their hours worked (5 individuals, all based on full time employment)

format: mm yy, hours

Position 1:

Employee A:
Feb 17, 130 started beginning February
Mar 17, 138
Apr 17, 132
May 17, 139
Jun 17, 133
Jul 17, 130
Aug 17, 139
Sep 17, 127
Oct 17, 122 -> P45

Employee B:
Dec 17, 135 -> started beginning December
Jan 18, 171.5
Feb 18, 154
Mar 18, 175
______________________________________________________
Position 2:

Employee C:

March 17, 139 -> started beginning March
Apr 17, 132
May 17, 144
Jun 17, 26 -> P45


Employee D:

Jun 17, 132 -> started beginning June
Jul 17, 130
Aug 17, 138
Sep 17, 128
Oct 17, 138 -> P45

Employee E:

Nov 17, 105 -> started mid November
Dec 17, 150
Jan 18, 164
Feb 18, 150.5
mar 18, 171.5


Employee C has been substituted with employee D in June 2017. In fact they were both in the company for first week of June (C was completing their tasks while the job was being handed to employee D)

Q1. I'm a bit confused about table 3b2, as start date and end date are both needed. On one hand and if I use the end date for employee C as June 8th and Start date for D as June 1st, it may confuse the CW about C and D filling same position. On the other, if I use end date for employee C as 8th and Start date for employee D as June 8th, first week of June will be only 26 hours, which maybe even more confusing.

I would prefer to use end of May as end date for C, and June 1st as start date for D, not sure if this is correct (looking to P45 issued 8th of June for C)

Q2. I have read many posts with regards to miscalculations (either from applicant or case worker). Do you think our payroll as a whole is going to make any confusion?

[kaps84]

Thanks @marnath and @kaps84

Here is a list of employees and their hours worked (5 individuals, all based on full time employment)

format: mm yy, hours

Position 1:

Employee A:
Sep 17, 127
Oct 17, 122 -> P45

Employee B:

______________________________________________________
Position 2:

Employee C:

Jun 17, 26 -> P45


Employee D:

Sep 17, 128

Employee E:

Nov 17, 105 -> started mid November


Employee C has been substituted with employee D in June 2017. In fact they were both in the company for first week of June (C was completing their tasks while the job was being handed to employee D)

Q1. I'm a bit confused about table 3b2, as start date and end date are both needed. On one hand and if I use the end date for employee C as June 8th and Start date for D as June 1st, it may confuse the CW about C and D filling same position. On the other, if I use end date for employee C as 8th and Start date for employee D as June 8th, first week of June will be only 26 hours, which maybe even more confusing.

I would prefer to use end of May as end date for C, and June 1st as start date for D, not sure if this is correct (looking to P45 issued 8th of June for C)

Q2. I have read many posts with regards to miscalculations (either from applicant or case worker). Do you think our payroll as a whole is going to make any confusion?

How did you come up with hours? Are these hours written on their payslips?

It is only pay (on payslips), duration you claim and hourly rate which is of significance.

Can you also quote the hourly rate against all the months? (For entire duration)

Personally saying anything below 130 hours is a bit of a concern, since 30hrs/week has higher significance than 120 hours per month criterion as seen in many cases. (A month has slightly more than 4 weeks, hence 130 hrs is a better threshold to reach but not a show stopper).

Q1- Overlapping of employee duration is no issue, rather a good sign.

Q2: Depends on the case worker with the data you quoted. Hourly rate will help.

[mig2015]

Thank you @kaps84 , working hours are printed on all payslips. I get the same hours by dividing total payment by hourly rate
Obviously net payments are slightly less than total payment as per NI and pension contributions being deducted

I appreciate further feedback and advice from all respected members and seniors, now concerned this may not suffice as two full-time 12 months job creation

[marcnath]

Thank you @kaps84 , working hours are printed on all payslips. I get the same hours by dividing total payment by hourly rate
Obviously net payments are slightly less than total payment as per NI and pension contributions being deducted

I appreciate further feedback and advice from all respected members and seniors, now concerned this may not suffice as two full-time 12 months job creation

@kaps84 is right. 120 hrs is a concern but really there is not much you can do.
It might be worth mentioning in the cover letter that, as per the guidance document, you have taken 120 hrs per month as full time and hence you are submitting evidence for 25 month full time equivalent job creation.
1. Use actual start and end dates. Overlap doesn’t matter as in June you have over 150 hrs and anyway CW will only give credit for 130.
2. I don’t see much confusion

[mig2015]

Thank you @kaps84 , working hours are printed on all payslips. I get the same hours by dividing total payment by hourly rate
Obviously net payments are slightly less than total payment as per NI and pension contributions being deducted

I appreciate further feedback and advice from all respected members and seniors, now concerned this may not suffice as two full-time 12 months job creation

@kaps84 is right. 120 hrs is a concern but really there is not much you can do.
It might be worth mentioning in the cover letter that, as per the guidance document, you have taken 120 hrs per month as full time and hence you are submitting evidence for 25 month full time equivalent job creation.
1. Use actual start and end dates. Overlap doesn’t matter as in June you have over 150 hrs and anyway CW will only give credit for 130.
2. I don’t see much confusion

Thank you. it is indeed 26 months in total (13 months per each position), also, does this mean you suspect for a month less than 130 hours, whole the month maybe ignored (not considered as full time)?

[kaps84]

You have following options to my opinion:

1) Just claim for entire duration 26 months, they want to see 52 weeks with 30hrs/week. Even if in any month CW think it’s less, additional month will compensate. And explain in the letter that you are cailming from entire duration.

Or,

2) If you think the hourly rate on the payslip is higher than the minimum legal, you can ask your accountant if he can adjust the hourly rate to come up with 130hours/month (again this not a must but if you can do it will be better). Pay remains unchanged.

[marcnath]

Thank you @kaps84 , working hours are printed on all payslips. I get the same hours by dividing total payment by hourly rate
Obviously net payments are slightly less than total payment as per NI and pension contributions being deducted

I appreciate further feedback and advice from all respected members and seniors, now concerned this may not suffice as two full-time 12 months job creation

@kaps84 is right. 120 hrs is a concern but really there is not much you can do.
It might be worth mentioning in the cover letter that, as per the guidance document, you have taken 120 hrs per month as full time and hence you are submitting evidence for 25 month full time equivalent job creation.
1. Use actual start and end dates. Overlap doesn’t matter as in June you have over 150 hrs and anyway CW will only give credit for 130.
2. I don’t see much confusion

Thank you. it is indeed 26 months in total (13 months per each position), also, does this mean you suspect for a month less than 130 hours, whole the month maybe ignored (not considered as full time)?

The immigration rules only specify 30 hrs/week which is 130 hrs/month, not 120. However the guidance mentions 120 hr/week (I think it was a mistake).
There have been couple of refusals reported in this forum for not meeting 130 hrs/months. At least one was overturned in AR when the applicant argued using the guidance. So, just to be safe, it is easier to make the justification in the application rather than AR.
To @kaps84 suggestion to amend payslips, I would be cautious. Doctoring documents would be considered as fraud. There has been at least one case where the HO interviewer talked to an employee in private - so if the employee mentions an hourly rate different from what you submit, you could have trouble.

[mig2015]

Thanks for the comments, those amendments won't be the choice for obvious reasons.

I'm apparently missing something regarding to calculations, if positions are not totalling up to 12+ months each:

Position 1 has 11 month coming with 130+ hours

plus
Oct 17, 122 -> P45 for employee A when 3 weeks of October is already passed
Sep 17, 127 : my take, was that 3 weeks of October then at least 1-2 weeks from Sep will finish this 12 months criterion off.

Position 2 has 11 month coming with 130+ hours

plus
Employee E started from mid November (for 105 hours), again my thought was this is a two week and also at least two weeks would come from Sep 17 (128 hrs) that can add up to 12 months in total.

@marcnath I will be definitely using the argument, not only no harm in doing so, but this also can help the cw. However, like I tried to show my reasoning earlier, I cannot figure how would a calculation lead to the shortage. Your comments would be appreciated

[marcnath]

Thanks for the comments, those amendments won't be the choice for obvious reasons.

I'm apparently missing something regarding to calculations, if positions are not totalling up to 12+ months each:

Position 1 has 11 month coming with 130+ hours

plus
Oct 17, 122 -> P45 for employee A when 3 weeks of October is already passed
Sep 17, 127 : my take, was that 3 weeks of October then at least 1-2 weeks from Sep will finish this 12 months criterion off.

Position 2 has 11 month coming with 130+ hours

plus
Employee E started from mid November (for 105 hours), again my thought was this is a two week and also at least two weeks would come from Sep 17 (128 hrs) that can add up to 12 months in total.

@marcnath I will be definitely using the argument, not only no harm in doing so, but this also can help the cw. However, like I tried to show my reasoning earlier, I cannot figure how would a calculation lead to the shortage. Your comments would be appreciated

Sure, if they were not full months, you should be perfectly ok. It is weeks that matter, not months anyway. Looks like you would have 104 weeks with 30 hrs each. In which case, no need to even mention it in the cover letter and complicate things.