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by marcnath
Fri May 26, 2017 9:52 pm
Forum: Indefinite Leave to Remain
Topic: ILR for PBS dependent short by 40 days
Replies: 19
Views: 2374
United Kingdom

Re: ILR for PBS dependent short by 40 days

What you could do is apply for a further spousal extension just before the visa expiry date. And then, assuming that you do not hear back from UKV&I before October, apply for a variation to ILR when she becomes eligible for ILR. Since you can apply for ILR 28 days before the qualifying period, ...
by marcnath
Fri May 26, 2017 9:46 pm
Forum: Indefinite Leave to Remain
Topic: ILR for PBS dependent short by 40 days
Replies: 19
Views: 2374
United Kingdom

Re: ILR for PBS dependent short by 40 days

Can someone suggest if I can apply for ILR early around Aug 17 and hope the application is picked up by the time she is eligible for ILR, I mean 40 days would have elapsed by the time caseworker looks into the case. I believe the condition is that you can APPLY 28 days before reaching the qualifyin...
by marcnath
Thu May 25, 2017 9:44 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Refusal
Replies: 23
Views: 4598
United Kingdom

Re: Entrepreneur Visa Refusal

Sorry to hear the refusal, Have you resubmitted the documents? I am in the same position. One of my Employee started in June 2013. I don't have any FPS data of him. Does anyone know. How do I show the proof of starter date? Please HElp Kind Regards R K For reporting up to and including 5 October 20...
by marcnath
Thu May 25, 2017 2:03 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier 1 Entrepreneur extension
Replies: 11
Views: 1185
United Kingdom

Re: Tier 1 Entrepreneur extension

Yes, and in your cover letter it will be worth explaining that you COLLECTED the evidence as needed in the guidance that was existing at the time.
by marcnath
Thu May 25, 2017 2:00 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Verification Letter for Third Party Funding
Replies: 4
Views: 1072
United Kingdom

Re: Verification Letter for Third Party Funding

57. You or your entrepreneurial team can include money made available by other people (known as ‘a third party or parties’, and this can include money from your (or your entrepreneurial team member’s) husband, wife or partner). In this case you must also provide a declaration that the money is avai...
by marcnath
Thu May 25, 2017 12:06 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Part time hours calculation
Replies: 2
Views: 431
United Kingdom

Re: Part time hours calculation

The guidance only states that : === the hours of workers in 2 part-time jobs can be combined to add up to 30 hours a week or more and form the equivalent of one full-time job, as long as the 2 part-time jobs exist for 12 months. By way of an example, it could be that one employee worked 20 hours in ...
by marcnath
Thu May 25, 2017 11:56 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier 1 Entrepreneur extension
Replies: 11
Views: 1185
United Kingdom

Re: Tier 1 Entrepreneur extension

Since the guidance has been updated, I would not take any risks if I were applying today. Your employee can get a UK registration certificate if he/she has not done so yet. That will meet the requirements even without the passport. You can do so https://visas-immigration.service.gov.uk/product/eea-q...
by marcnath
Thu May 25, 2017 9:56 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Switching from Tier1 Entrepreneur to tier2 General
Replies: 9
Views: 1202
United Kingdom

Re: Switching from Tier1 Entrepreneur to tier2 General

Sorry to jump in the ongoing conversation, but just one of my own queries, can you combine time spent on T1 and then on T2 sponsored visa to qualify for 5 years ILR? Cheers JJ Being a bit picky here, but it depends on what T1 you are on. The rule is - any tier 1, except Tier 1 (Post-study work) or ...
by marcnath
Thu May 25, 2017 9:50 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier 1 Entrepreneur extension
Replies: 11
Views: 1185
United Kingdom

Re: Tier 1 Entrepreneur extension

The consensus has always been that EEA ID cards should be acceptable by HO however the Tier 1E guide only mentions: If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence docume...
by marcnath
Thu May 25, 2017 9:38 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Business Insurance Requirement
Replies: 7
Views: 593
United Kingdom

Re: Business Insurance Requirement

Monitoring this Forum, it is always surprising why people keep asking about including documents that were not necessary. Most problems that I have read about is because HO sticks very closely to the guidance, to the level that goes beyond common sense. I personally think it makes sense to give the m...
by marcnath
Wed May 24, 2017 9:20 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: visa Refusal
Replies: 87
Views: 9426
United Kingdom

Re: Extension Questions, due end of month

Make sure your FPS submitted shows the starting date of the employee. It does not matter if the starting date is before or after your VISA grant date. But that date has to be there in the FPS
by marcnath
Wed May 24, 2017 9:00 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier 1 Entrepreneur extension
Replies: 11
Views: 1185
United Kingdom

Re: Tier 1 Entrepreneur extension

Yes, the guidance states: Evidence of settled worker status A30. When you or your business employs a worker for whom points will be claimed, the employer is responsible for checking that the worker is not an illegal worker. The employer is required to copy certain documents and keep them. These docu...
by marcnath
Wed May 24, 2017 9:38 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Switching from Tier1 Entrepreneur to tier2 General
Replies: 9
Views: 1202
United Kingdom

Re: Switching from Tier1 Entrepreneur to tier2 General

[quote="zimba88"] [quote]Currently I am a director of my company, should be resigning before I go for visa extension?[/quote] You cannot be self employed or work for yourself on Tier 2. Resign when switched [/quote] Being a director is not an employment unless there is a remuneration attac...
by marcnath
Tue May 23, 2017 8:44 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier1 ext App Pending/ found mistake in FPS
Replies: 20
Views: 1963
United Kingdom

Re: Tier1 ext App Pending/ found mistake in FPS

[quote="Atif786"]Thanks Marcnath for your reply , yes I have spoken to the UKvi and they asked me to send it to Sheffield address , resin I want to send the amended FPS as the mistake is in the sir name and don't want to take any risk as we never know how the CW evaluates the details , how...
by marcnath
Tue May 23, 2017 8:42 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Name error of Employee2
Replies: 2
Views: 296
United Kingdom

Re: Name error of Employee2

So, to clarify, you have one employee (Employee 1) with more than 24 months and you are under the transitional arrangement. That means you did not even have to submit any information about Employee 2 (not sure why you did). And it follows that it does not matter if Employee2 is not considered. So I ...
by marcnath
Tue May 23, 2017 6:33 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier1 ext App Pending/ found mistake in FPS
Replies: 20
Views: 1963
United Kingdom

Re: Tier1 ext App Pending/ found mistake in FPS

Hi MArcnath, i had a discussion with my accountant and he spoke to Hmrc as well regarding the same and , it's been established that HMRC has got the correct name on their system , so that's what my accountant has suggested that he'll write an explanation letter stating that employees spelling is co...
by marcnath
Tue May 23, 2017 6:22 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Refusal
Replies: 23
Views: 4598
United Kingdom

Re: Entrepreneur Visa Refusal

I have checked all my FPS Document for Employee A : He started working with us on 1st September 2015 Till 14th October 2016. But on FPS which we generated there is no start date for Some reason were as it is there for all other employees. It is unfortunate that this is the reason for rejection. Unf...
by marcnath
Tue May 23, 2017 3:04 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Third Party
Replies: 48
Views: 4320
United Kingdom

Re: Switching from Tier 1 Graduate Entrepreneur to Entrepren

- But the money generated from my business is personally available to me for further investments? Is there a difference if the money is kept on my business or personal account? Is there a number of consecutive days for money to be kept before the application is made (NOT for maintenance but the 50k...
by marcnath
Tue May 23, 2017 12:07 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier1 ext App Pending/ found mistake in FPS
Replies: 20
Views: 1963
United Kingdom

Re: Tier1 ext App Pending/ found mistake in FPS

You are welcome. Yes, I assume my documents was accepted since my application was approved. Just want to confirm with you , HMRC picks up name of the employee that they have against the NI number on their system instead of the name that we submit through RTI-FPS? I can't be sure of that, but it wou...
by marcnath
Tue May 23, 2017 8:56 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Refusal
Replies: 23
Views: 4598
United Kingdom

Re: Entrepreneur Visa Refusal

Apart from submitting FPS report to show start date, can he not submit Starter Checklist form signed by employee as starter checklist has also got starting date of an employee? Nothing stops him from submitting the starter checklist, but there is no point in doing that. The guidance is quite explic...
by marcnath
Tue May 23, 2017 8:49 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier1 ext App Pending/ found mistake in FPS
Replies: 20
Views: 1963
United Kingdom

Re: Tier1 ext App Pending/ found mistake in FPS

You are welcome.

Yes, I assume my documents was accepted since my application was approved.
by marcnath
Tue May 23, 2017 7:46 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Refusal
Replies: 23
Views: 4598
United Kingdom

Re: Entrepreneur Visa Refusal

Seems a bit surprising if all your FPS was generated by the same system. For Employee A, the 1st FPS (Sept 2015) should have the starting date.
So yes, you should double check that and if that is there, then your AR should go through fine.
by marcnath
Tue May 23, 2017 7:39 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Entrepreneur Visa Third Party
Replies: 48
Views: 4320
United Kingdom

Re: Switching from Tier 1 Graduate Entrepreneur to Entrepren

I am not someone with previous experience, but the guidance documents do seem to have some clear answers to your questions. Here are some of the relevant sections ====== In the points table, the criteria for money available is --> Tier 1 (Graduate Entrepreneur) c) You : 1. are applying for leave to ...
by marcnath
Tue May 23, 2017 7:14 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Tier1 ext App Pending/ found mistake in FPS
Replies: 20
Views: 1963
United Kingdom

Re: Tier1 ext App Pending/ found mistake in FPS

First, please do not include full names of your employees (or any other third person), it is a violation of privacy. When I made my submission, I had a similar problem (in fact worse). My employee had given me a short name during her interview/employment contract, etc. And the passport had the full ...
by marcnath
Mon May 22, 2017 2:26 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Directors loan as share capital- please help
Replies: 5
Views: 876
United Kingdom

Re: Directors loan as share capital- please help

The amount invested can be in the form of Share Capital OR Director's loan. ==== If you have invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in your name as it appears on your application. If the value of...