Tier 1 to ILR

[CULLINAN]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

The last line gives perspective on ur issue..
In a nutshell you paid ur employees for 28 days every month.. the other 2 or 3 days were unpaid..

Actually if i calculate my employees have total of 104 weeks of paid work 30 hours a week in 1 year. Its just that they are paid for 4 weeks in 8 months (paid for 120 hours) & paid for 5 weeks in 4 months (paid for 150 hours). Also the reply was recent from Februray 2018. As it said a minimum of 30 hours a week will have a mimimum of 120 hours but to meet the 1560 threshold some months will have more hours as some months are longer. So all i have to calculate is 104 weeks. I think it should be okay.

[CR001]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

Your screenshot attachment has been removed as it clearly identified a person who I am sure has not given you permission to post their name on an internet immigration forum.

[CULLINAN]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

Your screenshot attachment has been removed as it clearly identified a person who I am sure has not given you permission to post their name on an internet immigration forum.

Okay I apologize as I did not realise that. I should have blurred out the name. Thanks

[CULLINAN]

Dear Marcnath,

I found this link and a reply from economic migration policy Home Office regarding a situation similar to mine. What do you say about it?

I am not attaching the website link as not sure if I can copy paste it here.

Thanks

The last line gives perspective on ur issue..
In a nutshell you paid ur employees for 28 days every month.. the other 2 or 3 days were unpaid..

I think it is not necessary that an employee works full 7 days a week to fulfill 30 hours. An employee can work Mon-Wed or Mon-Thurs or any other combination for 3/4 days a week. As long he is doing 30 hours a week and is paid for that and has a total of 52 weeks should be okay i think?

[aman90]

Posters have been successful in the past year with the numbers. Just relax.. ‘120hrs FT on the online form’. Your employees hrs/weeks seem to fit the HO narrative.

[CULLINAN]

Posters have been successful in the past year with the numbers. Just relax.. ‘120hrs FT on the online form’. Your employees hrs/weeks seem to fit the HO narrative.

Thank you

Are you Tier 1 also? Have you submitted your ILR?

[aman90]

yes..received sept 18
My situation was a bit different though. I was fine month wise, my part timers total number of hours were above 130 hrs per month.. but one part timer started 04/x/17 and left 15/x/17...hence putting me in an awkward position if calculation was done according to weeks..

[CULLINAN]

yes..received sept 18
My situation was a bit different though. I was fine month wise, my part timers total number of hours were above 130 hrs per month.. but one part timer started 04/x/17 and left 15/x/17...hence putting me in an awkward position if calculation was done according to weeks..

Great your ILR is sorted now

[CULLINAN]

Dear Marcnath & Members,

Please can you let me know:

1) When you generate RTI FPS it also gives you this page (please view attachment). Is this also a part of FPS or just the first page is enough?

2) I have 3 FT employees for 3 jobs. I fall under the pre April 2014 transitional arrangements. I will just list them as three different “jobs” right?

Thank you

[marcnath]

Dear Marcnath & Members,

Please can you let me know:

1) When you generate RTI FPS it also gives you this page (please view attachment). Is this also a part of FPS or just the first page is enough?

2) I have 3 FT employees for 3 jobs. I fall under the pre April 2014 transitional arrangements. I will just list them as three different “jobs” right?

Thank you

1) This is a submission receipt, not part of FPS
2) Yes

[CULLINAN]

Dear Marcnath & Members,

Please can you let me know:

1) When you generate RTI FPS it also gives you this page (please view attachment). Is this also a part of FPS or just the first page is enough?

2) I have 3 FT employees for 3 jobs. I fall under the pre April 2014 transitional arrangements. I will just list them as three different “jobs” right?

Thank you

1) This is a submission receipt, not part of FPS
2) Yes

Thank you very much for your reply.
One more thing:

The RTI FPS already has the pension details on it as a TOTAL “employee contributions” & “employer contributions” in “OTHER PAYMENTS”

It also generates another “pension monthly summary” separately giving break up for employer and employee pension contribution individually per employee. Do we have to submit that also?

Thank you

[marcnath]

Dear Marcnath & Members,

Please can you let me know:

1) When you generate RTI FPS it also gives you this page (please view attachment). Is this also a part of FPS or just the first page is enough?

2) I have 3 FT employees for 3 jobs. I fall under the pre April 2014 transitional arrangements. I will just list them as three different “jobs” right?

Thank you

1) This is a submission receipt, not part of FPS
2) Yes

Thank you very much for your reply.
One more thing:

The RTI FPS already has the pension details on it as a TOTAL “employee contributions” & “employer contributions”

It also generates another “pension monthly summary” separately giving break up for employer and employee pension contribution individually per employee. Do we have to submit that also?

Thank you

Very difficult to say without the actual documents.

But what are you trying to save by not including the additional pages of the RTI.

While I always argue against adding unnecessary evidence, it is always better to be safe with specified documents by giving as detailed as you can.

[CULLINAN]

Thank you.
Correct.
I was just trying to avoid unnecessary documents, however as they have info regarding payments made to employees will send that also
Thanks

[Meesha]

Hi,
Can you please help em with the following questions

1. I have an impression from guidelines that we need to send only FPS though for my extension i sent employers summaries, P60 and P11s and P45 i guess too. Do we need to attach pension documents too? I did not pay pension during whole employment period but started only once it was compulsory.
2. Do we need to send business insurance documents too? Will HO check for it? Is it compulsory? I dont have it since my employees have left? Should i get it again before applying for ILR? I work in NHS premises and am covered by their insurance policy.
3. For tax document, should we attach tax return document for ourself or it is supposed to be company's tax document? Name?
Many Thanks in advance
PS. tier11417, ur thread is very useful. I got answers of many questions by reading it.

[CR001]

Hi,
Can you please help em with the following questions

1. I have an impression from guidelines that we need to send only FPS though for my extension i sent employers summaries, P60 and P11s and P45 i guess too. Do we need to attach pension documents too? I did not pay pension during whole employment period but started only once it was compulsory.
2. Do we need to send business insurance documents too? Will HO check for it? Is it compulsory? I dont have it since my employees have left? Should i get it again before applying for ILR? I work in NHS premises and am covered by their insurance policy.
3. For tax document, should we attach tax return document for ourself or it is supposed to be company's tax document? Name?
Many Thanks in advance
PS. tier11417, ur thread is very useful. I got answers of many questions by reading it.

@ Meesha, can you please continue your questions in your own topic instead of constantly asking in another users thread. It is considered rude and creates confusion when members respond.

See also point 12 in the forum rules FAQs (click to read)

[CULLINAN]

Hi,
Can you please help em with the following questions

1. I have an impression from guidelines that we need to send only FPS though for my extension i sent employers summaries, P60 and P11s and P45 i guess too. Do we need to attach pension documents too? I did not pay pension during whole employment period but started only once it was compulsory.
2. Do we need to send business insurance documents too? Will HO check for it? Is it compulsory? I dont have it since my employees have left? Should i get it again before applying for ILR? I work in NHS premises and am covered by their insurance policy.
3. For tax document, should we attach tax return document for ourself or it is supposed to be company's tax document? Name?
Many Thanks in advance
PS. tier11417, ur thread is very useful. I got answers of many questions by reading it.

As CR001 pointed out, if you stick to your own topic it will be easier for moderators and all members to respond to your particular situation (not that i am offended ) in a better way.

1) RTI FPS is required only
Any employee can opt in/opt out of pension scheme. So not necessarily you will have pension summary for the whole period. But I would suggest to send pension summary for the months you have paid it as it gives a summary for payments made to employees individually.

2) There is no requirement for business insurance documents as of my knowledge.

3) HMRC documentation is a mandatory requirement under business activity where you have to prove your “company” is registered for corportaion tax. It is for the company NOT you. For example CT600, CT603.

P.S thanks to the moderators especially Marcnath to clear out all our confusions and helping us out!

P.S2: when are you applying? I dont see any tier 1 to ILR applicants so far who have used new service, you seem to be among the first few ones. Keep us posted!

[Meesha]

I think i went paperless with HMRC so i never got CT600 or CT603 by mail. Do you know any way to retrieve it. Can i use agent's copy of these documents?

[Meesha]

@Tier11417
i will apply any time soon as i get my documents ready. If i get it done by friday, i will do it this week end. I have extension visa until June 2019 so i want to go right at first place rather than being in hurry and making mistakes.

[CULLINAN]

@Tier11417
i will apply any time soon as i get my documents ready. If i get it done by friday, i will do it this week end. I have extension visa until June 2019 so i want to go right at first place rather than being in hurry and making mistakes.

Thanks, regarding your other question zimba has answered in your own thread.

[CULLINAN]

Dear Marcnath,

Please help me regarding filling out the job table, I am a bit confused on this one. Please view the attachments.

Applying under the pre 6th April 2014 transitional arrangement. The most recent grant of leave (extension) was granted less than 12 months ago, hence claiming points for 12 months immediately before the date of my current application (1st Jan 2019)

Claiming points for full time
a) “Employee A” for 12 months (Job 1) start date 1/10/2015
b) “Employee B” for 8 months (Job 2) start date 1/5/2018
c) “Employee C” for 4 months (Job 3) start date 1/7/2018


1) The online form seems to ignore the transitional arrangement and mentions the jobs should exist for at least 12 months. What to do?

2) Also, it first asks when was the job created? and then which employee took that role start date etc.
For Employee A the job 1 and employee start date both would be 1/10/2015
but
Employee B started the job 2 on 1/5/2018 however job 2 was taken by another employee from 1/10/2015 - 01/04/2017 (its not relevant to my case as im not claiming points for it)
So would the job start date be 1/10/2015 for job 2? and then filling out the employee details would the start date be 1/5/2018?

3) It clearly says jobs should exist for 12 months. My job 2 and job 3 exists for 8 months and 4 months respectively?

Thank you

[CULLINAN]

Note: The attachments are not in order.
The third attachment should have been second attachment and vice versa & the dates on the attachments are made up too. Please view the correct dates in first post

[marcnath]

Dear Marcnath,

Please help me regarding filling out the job table, I am a bit confused on this one. Please view the attachments.

Applying under the pre 6th April 2014 transitional arrangement. The most recent grant of leave (extension) was granted less than 12 months ago, hence claiming points for 12 months immediately before the date of my current application (1st Jan 2019)

Claiming points for full time
a) “Employee A” for 12 months (Job 1) start date 1/10/2015
b) “Employee B” for 8 months (Job 2) start date 1/5/2018
c) “Employee C” for 4 months (Job 3) start date 1/7/2018


1) The online form seems to ignore the transitional arrangement and mentions the jobs should exist for at least 12 months. What to do?

2) Also, it first asks when was the job created? and then which employee took that role start date etc.
For Employee A the job 1 and employee start date both would be 1/10/2015
but
Employee B started the job 2 on 1/5/2018 however job 2 was taken by another employee from 1/10/2015 - 01/04/2017 (its not relevant to my case as im not claiming points for it)
So would the job start date be 1/10/2015 for job 2? and then filling out the employee details would the start date be 1/5/2018?

3) It clearly says jobs should exist for 12 months. My job 2 and job 3 exists for 8 months and 4 months respectively?

Thank you

1) I can't answer for HO but I am not surprised that they ignored the transitional arrangement as there are only a few more months of that. I would just ignore the text and go on to fill the form (I think the paper form also has no mention of transitional arrangements in the Job Table section itself)
2) Yes, that would be correct way to fill it in my opinion. But you could just as well declare that a new job was created on 1/5/18 - does not matter.
3) same as point 1 ?

[CULLINAN]

Dear Marcnath,

Please help me regarding filling out the job table, I am a bit confused on this one. Please view the attachments.

Applying under the pre 6th April 2014 transitional arrangement. The most recent grant of leave (extension) was granted less than 12 months ago, hence claiming points for 12 months immediately before the date of my current application (1st Jan 2019)

Claiming points for full time
a) “Employee A” for 12 months (Job 1) start date 1/10/2015
b) “Employee B” for 8 months (Job 2) start date 1/5/2018
c) “Employee C” for 4 months (Job 3) start date 1/7/2018


1) The online form seems to ignore the transitional arrangement and mentions the jobs should exist for at least 12 months. What to do?

2) Also, it first asks when was the job created? and then which employee took that role start date etc.
For Employee A the job 1 and employee start date both would be 1/10/2015
but
Employee B started the job 2 on 1/5/2018 however job 2 was taken by another employee from 1/10/2015 - 01/04/2017 (its not relevant to my case as im not claiming points for it)
So would the job start date be 1/10/2015 for job 2? and then filling out the employee details would the start date be 1/5/2018?

3) It clearly says jobs should exist for 12 months. My job 2 and job 3 exists for 8 months and 4 months respectively?

Thank you

1) I can't answer for HO but I am not surprised that they ignored the transitional arrangement as there are only a few more months of that. I would just ignore the text and go on to fill the form (I think the paper form also has no mention of transitional arrangements in the Job Table section itself)
2) Yes, that would be correct way to fill it in my opinion. But you could just as well declare that a new job was created on 1/5/18 - does not matter.
3) same as point 1 ?

Thank you for your reply.


So just to confirm, I should just list them as three “different” Full time “jobs”?

2) Yes you are right but I was wondering that the job nature and job title is similar to the one i declared before (job 2) or it does not matter?

3) Should I mention this in the cover letter that I am applying under the transitional arrangement? something like this as follows?

“1. Job Creation:
I am applying under the pre 6th April 2014 transitional arrangement. The most recent grant of leave (extension) was granted less than 12 months ago, hence claiming points for 12 months immediately before the date of my current application (1st Jan 2019)

Claiming points for full time 30hrs/week:
a) “employee name aaa” for 12 months (52 weeks)
b) “employee name bbb” for 8 months (35 weeks)
c) “employee name ccc” for 4 months (17 weeks)

4) Also can/should I mention in the cover letter a one liner at the end of cover letter “I trust that my application is complete in all aspects. It took 16 months for the processing of my previous application (extension) which severely affected my professional and personal life. This time, I hope for an early decision on my ILR application”

Just wondering if I should mention my previous extension nightmare. Would it do any harm?

Thank you

[CULLINAN]

Any comments please?
Thanks

[CULLINAN]

Under the pre April 2014 transitional arrangement:

a) “Employee 1” for 12 months (Job 1)
b) “Employee 2” for 8 months (Job 2)
c) “Employee 3” for 4 months (Job 3)

Please can someone clarify:

OPTION 1
Do I list three “employees” under three different “job” titles?

Job 1
Employee 1 for 12 months

Job 2
Employee 2 for 8 months

Job 3
Employee 3 for 4 months

Job 2 and Job 3 have not lasted for 12 months. But if I am correct I can still list them as three different jobs under the transitional arrangements although the online form does not cater for that? So that would make an equivalent 24 months of FT jobs.

OR

OPTION 2

Job1:
Employee 1 for 12 months

Job2:
Employee 2 for 8 months
Employee 3 for 4 months

(Note: worked FT & parallel with different job titles)

Do i combine employee B & C to make a 12 month period? I have read on this forum combining them can make case worker only calculate 30 hours a week and discard the rest.


Should i go for option 1 or 2?

Thank you