urgent queries extension

[simranravv]

Hello,

I have my Tier 1(entrepreneur) extension next month. I come across few queries and need help.

1). One of my employee lives at my residential address. Can it lead to question in CW's mind?

2) I have few months where 3 Part time workers are working on name positions and clubbing to one full time job. Is there a problem?

e.g- Employee x- 16 Hours a week.
Employee Y- 8 Hours a week.
Employee Z- 8 Hours a week.

3) My employees were on 8 Hours weekly contact but they have worked more than contracted hours and I am going to claim hours what they actually worked. I have marketing Business and sometimes their number of hours are up and down. They haven't worked fixed hours each monthly in first 6 months when they started working. Later, they were given fixed monthly contract when my business got settled and I started getting fixed contacted clients.

e.g- May 2017
Employee x contracted hours weekly 16. Worked 23 Hours weekly for complete month.
Employee Y Contracted Hours weekly 5. Worked 12 Hours weekly for complete month.
June 2017
Employee X Contracted Hours weekly 16. worked 20 Hours weekly for complete month
Employee Y Contracted Hours weekly 5. Worked 10 Hours weekly for complete month.

Their Hours are not consistent every month in first 4 months. However, On FPS it clearly states total number of hours. question is coming my mind that hope C.W doesn't look at the employment contact and consider number of contacted hours thinking it was not full time job.

4) As I had many additional workers working on the same position, I would like to organise my papers in such a way that c.w's life can be smooth and he/she doesnt get confused. I would like to staple payslips of employees who I am claiming points for month behind FPS jobwise.
e.g
1)
{FPS
FPS Submission confirmation screenshot
NI/Tax paid confirmation}

{Job 1 Employee x- Payslip
Job 1 Employee Y-Payslip}

{Job 2 Employee A- Payslip
Job 2 Employee-B Payslip }


{Additional Employees payslips-I am not claiming any points}

My question is I am not sure if I can staple the documents as I want.

5) Earlier my initial visa got refused for silly thing. I got my visa in 3/08/2015 after appeal. Between the time I got refused till I got visa, my company was not trading as in one of the HW refusal letter said I was not allowed to work or do any business activity. Being a sole director, My business didn't do any trading and submitted dormant account for the period. Should there be any problem if company was dormant for around a year before my initial visa got approved.

E.G- Initial visa applied- July 2014
Invalid application- Sep 2014( they did not receive my fees. However, fees was paid and I got visa after proving it in court)
Visa approved: August 2015.
Between Sep 14-July 15 company was dormant.

I have all accounts from the date I got visa till now.

6) I have loss in all 3 years. Can this be a problem?


Dear senior members,Your response will be great guidance for men and is highly appreciated.

Thanks.

[marcnath]

1). One of my employee lives at my residential address. Can it lead to question in CW's mind? ==> I would guess so. But it is not a disqualification in itself.

2) I have few months where 3 Part time workers are working on name positions and clubbing to one full time job. Is there a problem? ==> You mentioned few months and workers. You can only combine JOBs, not workers. And the jobs have to be 12 months each to allow you to combine them.

e.g- Employee x- 16 Hours a week.
Employee Y- 8 Hours a week.
Employee Z- 8 Hours a week.

3) My employees were on 8 Hours weekly contact but they have worked more than contracted hours and I am going to claim hours what they actually worked. I have marketing Business and sometimes their number of hours are up and down. They haven't worked fixed hours each monthly in first 6 months when they started working. Later, they were given fixed monthly contract when my business got settled and I started getting fixed contacted clients.

e.g- May 2017
Employee x contracted hours weekly 16. Worked 23 Hours weekly for complete month.
Employee Y Contracted Hours weekly 5. Worked 12 Hours weekly for complete month.
June 2017
Employee X Contracted Hours weekly 16. worked 20 Hours weekly for complete month
Employee Y Contracted Hours weekly 5. Worked 10 Hours weekly for complete month.

Their Hours are not consistent every month in first 4 months. However, On FPS it clearly states total number of hours. question is coming my mind that hope C.W doesn't look at the employment contact and consider number of contacted hours thinking it was not full time job. ==> The CW will divide gross pay by the hourly rate you fill in the table to determine the hours. You do not need to submit the contracts, so they can't really look at it if you don't provide it.

4) As I had many additional workers working on the same position, I would like to organise my papers in such a way that c.w's life can be smooth and he/she doesnt get confused. I would like to staple payslips of employees who I am claiming points for month behind FPS jobwise.
e.g
1)
{FPS
FPS Submission confirmation screenshot
NI/Tax paid confirmation}

{Job 1 Employee x- Payslip
Job 1 Employee Y-Payslip}

{Job 2 Employee A- Payslip
Job 2 Employee-B Payslip }


{Additional Employees payslips-I am not claiming any points}

My question is I am not sure if I can staple the documents as I want. ==> Sure you can.

5) Earlier my initial visa got refused for silly thing. I got my visa in 3/08/2015 after appeal. Between the time I got refused till I got visa, my company was not trading as in one of the HW refusal letter said I was not allowed to work or do any business activity. Being a sole director, My business didn't do any trading and submitted dormant account for the period. Should there be any problem if company was dormant for around a year before my initial visa got approved. == > No reason why it should not be
E.G- Initial visa applied- July 2014
Invalid application- Sep 2014( they did not receive my fees. However, fees was paid and I got visa after proving it in court)
Visa approved: August 2015.
Between Sep 14-July 15 company was dormant.

I have all accounts from the date I got visa till now.

6) I have loss in all 3 years. Can this be a problem? ==> No

[simranravv]

Thank you Matcnath for your prompt guidance. I am still confused about question 2. Can you elaborate for me please?

Eg- June 17- x employee- 16 hours
Y employee- 8 hours
Z employee- 8 hours

July 17- x employee- 20 hours
Y employee- 12 hours
Z employee- 10 hours


Will they give me points for month June as total 3 employees cubbing together is creating full time job.

Another question:
In one month, One part time employee from job 2 was transferred to job 1 for some reason.

And following month one part time employee from job 1 was transferred to job 2.

Well it’s just swap of employees to different department but overall hours in each job is not affecting.

I am very confused how they will think. Please suggest.

[marcnath]

Thank you Matcnath for your prompt guidance. I am still confused about question 2. Can you elaborate for me please?

Eg- June 17- x employee- 16 hours
Y employee- 8 hours
Z employee- 8 hours

July 17- x employee- 20 hours
Y employee- 12 hours
Z employee- 10 hours


Will they give me points for month June as total 3 employees cubbing together is creating full time job.

Another question:
In one month, One part time employee from job 2 was transferred to job 1 for some reason.

And following month one part time employee from job 1 was transferred to job 2.

Well it’s just swap of employees to different department but overall hours in each job is not affecting.

I am very confused how they will think. Please suggest.

This is a bit of grey area.

What you are saying is that three part-time workers made up one full time job in June.

Are they all doing the same job ? If so, then it should be possible to combine them. But it will need to be explained properly as it is not a normal situation. It will seem odd that some months 1 person fills the job, other months you need multiple workers.

Similarly with the employee shifting between Jobs - again, in principle, it should be ok. But be prepared to answer why. The CW may need to be sure you are not doing that purely for the purpose of meeting the Job Creation requirements.

Bottom line, there may be businesses that need these kind of situations and you need to be able to justify it. The concern would be more on the CW's assessment of genuineness rather than the attribute requirement.

What business are you in ?

[simranravv]

Thank you very much Marcnath! Your guidance genuinely means a lot to me.

I have marketing business where we do market research, branding etc for our clients.

employee transfer was done for a reason. Please look into exact situation in example below.

Note: yellow higlighted are the jobs, I am going to claim points for.

e.g-
May 17- Job 1 Employee A-112.67 Hours( 26 Hours a week)
Job 1 Employee B- 28 Hours (7 Hours a week)

Job 2 Employee V-86.66( 20 Hours weekly, Paid cash salary but is mentioned on payslip and
declared his hours in FPS)
Job 2 Employee W- 108.33( 25 Hours weekly)

June 17- Job 1 Employee A-108.33 Hours( 25 Hours a week)
Job 1 Employee B- 28 Hours (7 Hours a week)

(Note: I hired new two part time employees X and Y as it was required to business. Claiming points for only Employee V and X)
Job 2 Employee- V- 82.33
Job 2 Employee X-108.33
Employee Y- 22.06
Employee W-32

July 17- Job 1 Employee A-126 Hours( 29 Hours a week)
Job 1 Employee B- 28 Hours (7 Hours a week)

Note-(Employee V resigned, claiming points for X and Y)
Job 2- Employee X-67.2(16 Hours weekly)
Employee Y- 67.2(16 hours weekly)
Employee V-34.2
Employee W- 26

August 17
Note:(Employee A requested to work part time for 2 months for some personal reasons. Due to employee Y being competent temporarily replacing employee A's duties was transferred to different department. At the same time new employee Z was hired.)

Job 1 Employee A-69.33 Hours( 16 Hours a week)
Job 1 Employee Y-69.33 Hours( 16 Hours a week)
Job 1 Employee B- 28 Hours (7 Hours a week)

Job 2 Employee Z- 130 Hours(30 hours a week)
Employee W- 45 Hours

September 17:
Note: Received resignation from Employee Y, new employee C replaced employee Y's position before Y left.

Job 1 Employee A-69.33 Hours( 16 Hours a week)
Job 1 Employee C-99.05 Hours( 23 Hours a week)
Job 1 Employee Y- 19.02 Hours
Job 1 Employee B 28 Hours(7 Hours a week)

Job 2 Employee Z- 130 Hours(30 hours a week)
Employee W- 28.5 Hours

October 17-
(Note: Employee A was back to full time now so employee C was transferred to Job 2 as actually she was replacement of employee Y who was temporarily transferred to job 1.

Job 1 Employee A-151.67 Hours( 35 Hours a week fixed contract from now onward,)
Job 1 Employee B- 28 Hours (7 Hours a week)

Job 2- Employee C- 130 hours(fixed 30 hours contract)
Employee Z- 130 Hours(30 hours)

Afterwards, It is all smooth till now and same employees and hours as October 17. There are different additional employees working as well.

If we look at business perspective, It is really normal situation. internal department transfer, variable hours, leavers, new starters. I am confidently able to justify why there was staff swaps. It's just that I am not sure whether I am technically fulfilling criteria. If I am meeting criteria the how to represent this in file to make CW less confuse.

Another question comes in mind is if employee's job position is leaflet distributor, is it fine?

Once again saying, You all seniors are life savers and highly appreciating time you spend and your guidance.

[marcnath]

Am I correct in assuming all of these are doing the same job - leaflet distribution?

[simranravv]

Only Job 2 leaflet distributor and market researcher, Job 1 is business development executive.

[marcnath]

Ok. Technically you only need two jobs. The rules does not mention employees at all - so all of those combinations be technically ok.
However it just raises a lot of questions- skills are different for both jobs, salary rates should be different etc
Presenting it is also a challenge- the best is possibly to have a separate sheet that shows, for each job, on a month by month who is working how many hours and the totals

[simranravv]

Thank you Marcnath! I will prepare separate sheet for both position.

Is separate covering letter for employment mentioning situation is a good idea?

[marcnath]

Thank you Marcnath! I will prepare separate sheet for both position.

Is separate covering letter for employment mentioning situation is a good idea?

In your case, possibly worth it

[simranravv]

Thank you. I will prepare it. I will post again if any more question comes up in my mind!

Thank you for your time.

[simranravv]

I came across one more query.

In the first year of extension I was providing marketing service to my estate agent from whom I was renting my office premises. For around a year time money had credited in my account for my fees and money was going into same account for office rent.
Service Contract date:01/10/15-30/09/16. Payment term fortnight depending on invoice amount. Yearly £9000 contract.
Tenancy dates: 01/05/16-31/01/18. Monthly £1100

I have proper evidences of work done for them as well as tenancy agreement and rental statement.

Can this create any genuineness issue? Can I mention this on cover letter to avoid any confusion in CW’s mind?
Any other suggestions?

Thank you.

[marcnath]

I came across one more query.

In the first year of extension I was providing marketing service to my estate agent from whom I was renting my office premises. For around a year time money had credited in my account for my fees and money was going into same account for office rent.
Service Contract date:01/10/15-30/09/16. Payment term fortnight depending on invoice amount. Yearly £9000 contract.
Tenancy dates: 01/05/16-31/01/18. Monthly £1100

I have proper evidences of work done for them as well as tenancy agreement and rental statement.

Can this create any genuineness issue? Can I mention this on cover letter to avoid any confusion in CW’s mind?
Any other suggestions?

Thank you.

Unless you are planning to submit all kind of unnecessary documents such as lease agreements, customer contracts, all bank statements etc. how do you expect the CW to figure this out ?

[simranravv]

Thank you so much for your reply. So you are suggesting not to submit all unnecessary documents.. did I get it right?
Looking at some success stories on this portal, I was planning to submit tenancy agreement as a supporting document but if you suggest it will create unnessasary issue, I will not submit it.

[marcnath]

Thank you so much for your reply. So you are suggesting not to submit all unnecessary documents.. did I get it right?
Looking at some success stories on this portal, I was planning to submit tenancy agreement as a supporting document but if you suggest it will create unnessasary issue, I will not submit it.

If you have read other posts, I have been consistently highlighting this paragraph from the applicaiton form Pg 60

You must be selective in submitting evidence, as sending large amounts of irrelevant or poor quality documentation may delay the consideration of the application. It is only necessary to submit evidence that is directly appropriate to the application as requested, as unrelated evidence cannot be considered for points scoring.

[simranravv]

Many thanks.

[simranravv]

Hi

I am collected most of the documents and at the final stage of arranging my file. I am little confused in presentation specially Employment points.

I have arranged all documents in monthly order
E.g may 2017
1) FPS
2) submition confirmation page
3) Tax ni paid confirmation
All above stapled together
4) employee payslips
5) bank transfer confirmation(which I always save after making payment)

Goes on for all months.

All above in one transplant plastic sleeve labelling month. I have put their IDS and p45, p60, p11 in different individual sleeve.


Is this order more organised or shall I change it to following.

1) FPS with confirmation for all months in one plastic sleeve.
2) all payslip of each employee labelling name with ID and rest documents.


Please suggest.

Thank you.

[marcnath]

Hi

I am collected most of the documents and at the final stage of arranging my file. I am little confused in presentation specially Employment points.

I have arranged all documents in monthly order
E.g may 2017
1) FPS
2) submition confirmation page
3) Tax ni paid confirmation
All above stapled together
4) employee payslips
5) bank transfer confirmation(which I always save after making payment)

Goes on for all months.

All above in one transplant plastic sleeve labelling month. I have put their IDS and p45, p60, p11 in different individual sleeve.


Is this order more organised or shall I change it to following.

1) FPS with confirmation for all months in one plastic sleeve.
2) all payslip of each employee labelling name with ID and rest documents.


Please suggest.

Thank you.

It shouldn't matter.

But I see you have decided to go ahead with a lot of unnecessary documents.

[simranravv]

Thank you for your response.
Can you suggest me the documents I should omit from the list?

I would like to know what is complication report or if I can have sample if possible. Also I am confused with this document.

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

Is there any way to see sample of complete application file here on forum?

Please suggest.

Thank you.

[simranravv]

compilation**

[marcnath]

Thank you for your response.
Can you suggest me the documents I should omit from the list?

The only specified documents are:
1. Employee ID
2. FPS
3. Payslips

All other documents are not specified and those I consider unnecessary.

I would like to know what is compilation report or if I can have sample if possible. Also I am confused with this document.

If your accountant has prepared the accounts, they would have a page in front which states that they have compiled the accounts, etc. etc. That is the compilation report - essentially the accountant specifying they have properly prepared the accounts.

(c) Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

Is there any way to see sample of complete application file here on forum?

Not that I am aware. But there are samples of the Job table in the guidance document itself.

[simranravv]

Dear Marcnath,

Thank you so much for supporting and responding every single time All my queries.

My application is ready now. I have taken off all
Unnecessary documents. Have tried to keep only those policy guildline’s specific documents and few marketing and insurance supporting documents.

I have arranged all documents on 5 sections same as policy guidelines points are, to make cw’s Life easy.

I have hopefully last question.

Do I have to submit all each single investment transaction in my bank statement?

Reason of my concern is because I mentioned in my one of the previous post that I provided advertising services to my eastate agent from where I rented my office. there have been few months when money has debited and credited to same business name. However, amount is completely different. And on the same statement page it can be seen.

Total investment is made in around in 35 transaction within 2 and half years period. In first few transaction pages above can be seen. I am prepared for the answer. It’s just that I would like to avoid showing thease transactions.

1) Do they need to show this transactions in statement format or transaction history where name of the account, account number and sort code is mention. However there can not be address on the transaction pages but it can be stamped by bank. Reason I prefer transction History is, I can choose particular period to be printed. Statement comes for complete month.

I am really confused what to do.

Your promt response will be highly appreciated.

Thank you once again.

Please suggest.

[marcnath]

If you have invested as shares, then there is no need for business bank statements on the investment
But, if it is with DL, then the requirement is that you need Business Bank Statements showing every single cent of the investment.
Nothing stops you from blanking out all other transactions on the statement but HO can ask you for that separately, if they want to.

[simranravv]

Thank you for your response.

Can the transaction history page from Barclays bank be accepted if it is stamp?

Transaction page will show account name, account number & sort code but there wouldn't be my address on the transaction page. I have barclays business bank account and they have two different format. One is complete monthly bank statement and other is transactions which we can choose a period and get it stamped by bank.

[marcnath]

Thank you for your response.

Can the transaction history page from Barclays bank be accepted if it is stamp?

Transaction page will show account name, account number & sort code but there wouldn't be my address on the transaction page. I have barclays business bank account and they have two different format. One is complete monthly bank statement and other is transactions which we can choose a period and get it stamped by bank.

There is no clear definition of a Business Bank statement. For personal statements (maintenance funds) they do specifically allow the transaction records.

So, given that they have not done the same for business bank statement, I would think it is not acceptable.

Of course, if you really want to do it, you may be able to claim evidential flexibility in the case of any rejection.