Documents - Job creation ILR application

[jjs456]

I will be applying for ILR and I have some queries about job creation.
My initial T1E granted on 05.09.2012. Came to UK on 21.09.2012. Extension applied Dec15 and extension approved 17.11.16.
I am pre-april 2014.
Currently I have two companies A & B and both trading. I have one full time employee XYZ in my company A since my extension granted on 17/11/2016. Other company B started trading from May 17 and it has also generated new two part time jobs.
Company A will be stopping trading from 01/04/18 but company will remain active and one full time employee from company A will move to company B and work as full time employee in company B plus two part time employees of company B and there will be total about 23 months for full time employment for XYZ and two part time for 6 months and so total new full time job creation would be about 29 months ie more than required.

My question is how do I fill the Job creation table on SET (O) form?

As I am completing 5 years UK residency on Sept 17, is it OK to apply for ILR earlier than 28 days of current leave expiry ?
I would request experts to guide me please.
Thank you.

[marcnath]

Since you completed 5 years on 04.09.2017, you can apply for your ILR today, if you want to.
So whenever you meet the job creation, go ahead and apply.
The easiest way to do the job creation for pre 2014 is to create on job for each employee. And in your case, two separate entries also for the same employee - one for each company

[jjs456]

Since you completed 5 years on 04.09.2017, you can apply for your ILR today, if you want to.
So whenever you meet the job creation, go ahead and apply.
The easiest way to do the job creation for pre 2014 is to create on job for each employee. And in your case, two separate entries also for the same employee - one for each company

Thank you marcnath.

Is this right way to fill in SET(O) form ?

For my employee xyz
Job 1 xyz
Title manager
Company A Details about start date, end date etc as on form

Job 2 xyz
title manager
Company B Details about start date, end date etc.

For other part time employees say abc & def
Job 3 abc
Title cashier
Company B details as on table 7

Job 4 def
Title Assistant
Company B with details as on table 7

[jjs456]

Since you completed 5 years on 04.09.2017, you can apply for your ILR today, if you want to.
So whenever you meet the job creation, go ahead and apply.
The easiest way to do the job creation for pre 2014 is to create on job for each employee. And in your case, two separate entries also for the same employee - one for each company

Thank you marcnath.

Is this right way to fill in SET(O) form ?

For my employee xyz
Job 1 xyz
Title manager
Company A Details about start date, end date etc as on form

Job 2 xyz
title manager
Company B Details about start date, end date etc.

For other part time employees say abc & def
Job 3 abc
Title cashier
Company B details as on table 7

Job 4 def
Title Assistant
Company B with details as on table 7

Hi marcnath, can you give your opinion for filling on SET(O) form?

[marcnath]

Since you completed 5 years on 04.09.2017, you can apply for your ILR today, if you want to.
So whenever you meet the job creation, go ahead and apply.
The easiest way to do the job creation for pre 2014 is to create on job for each employee. And in your case, two separate entries also for the same employee - one for each company

Thank you marcnath.

Is this right way to fill in SET(O) form ?

For my employee xyz
Job 1 xyz
Title manager
Company A Details about start date, end date etc as on form

Job 2 xyz
title manager
Company B Details about start date, end date etc.

For other part time employees say abc & def
Job 3 abc
Title cashier
Company B details as on table 7

Job 4 def
Title Assistant
Company B with details as on table 7

Yes, that should work

[jjs456]

Hi marcnath, Thank you so much for your valued opinion.

[jjs456]

Hi marcnath
I have one more query. Both of my companies are incorporated by me(New business) and companies have bought assets from other business and we are now running business with some employees from vendor. My new job creation is on top of those jobs.
Should this be considered as taken over business? All employees are new starter on FPS as old employees have their P45.
In this scenario, is letter from accountant sufficient?
Thank you.

[raj.m]

Hi marcnath
I have one more query. Both of my companies are incorporated by me(New business) and companies have bought assets from other business and we are now running business with some employees from vendor. My new job creation is on top of those jobs.
Should this be considered as taken over business? All employees are new starter on FPS as old employees have their P45.
In this scenario, is letter from accountant sufficient?
Thank you.

If the companies were incorporated by yourselves and if the employees started with your companies as new starters, I don't think you should complicate the matter by disclosing information that does not matter. I don't think you should even get a letter from your accountant. The bottom line is you started your own new businesses and hired new employees.

[jjs456]

Hi Marcnath,
I am writing specifically to ask you as I have seen your documents list & cover letter for your ILR application.

1). In Job Number 1 - you have submitted Employee Payment records. I would like to know what is this record? I use Sage One software for payroll and I get Management report which gives all details of payments to employees for current month and total period till that month. Is this EPR? or do we submit P11?

2) Is it necessary to enclose copy of CAR in each folder?

3) In Job number 2: You have submitted P30/P32 and FPS for the year before job creation and accountant's letter- is this also required to submit? or you have submitted it, may be you took over business or joined business?

In my case, I did ask that I have incorporated two companies and both companies have taken over retail business and two or three employees have been issued P45 from previous owner and they have joined my company as fresher, do I need to consider these employees as new to my business ?

For pre-April 2014 transitional arrangement, can we combine part time employees working less than 15 hours? for example - No. 1 works 9 hrs, No. 2 works 10 hrs and No. 3 works 12 hours, can this be counted as one FT?

[CR001]

Topics Merged (click)

[marcnath]

1). In Job Number 1 - you have submitted Employee Payment records. I would like to know what is this record? I use Sage One software for payroll and I get Management report which gives all details of payments to employees for current month and total period till that month. Is this EPR? or do we submit P11?

I now don't remember why I submitted the EPR - it is not a required document. It is the same as P32 and is an annual statement that lists all payments.

2) Is it necessary to enclose copy of CAR in each folder?

No. I had jobs in two separate companies, so the CAR was different for each job.

3) In Job number 2: You have submitted P30/P32 and FPS for the year before job creation and accountant's letter- is this also required to submit? or you have submitted it, may be you took over business or joined business?

Yes, this was a business I joined, so needed extra documents

In my case, I did ask that I have incorporated two companies and both companies have taken over retail business and two or three employees have been issued P45 from previous owner and they have joined my company as fresher, do I need to consider these employees as new to my business ?

This is not very clear in the immigration rules. Strictly speaking, you have taken over the business and that is the rules you should follow. However, you really can't provide the specified documents as previous year employment does not make sense. If I were in your shoes, I would just consider it as a new business rather and provide documents accordingly.

For pre-April 2014 transitional arrangement, can we combine part time employees working less than 15 hours? for example - No. 1 works 9 hrs, No. 2 works 10 hrs and No. 3 works 12 hours, can this be counted as one FT?

Yes, you can. In fact, post April 2014, you can still do that.

[jjs456]

1). In Job Number 1 - you have submitted Employee Payment records. I would like to know what is this record? I use Sage One software for payroll and I get Management report which gives all details of payments to employees for current month and total period till that month. Is this EPR? or do we submit P11?

I now don't remember why I submitted the EPR - it is not a required document. It is the same as P32 and is an annual statement that lists all payments.

2) Is it necessary to enclose copy of CAR in each folder?

No. I had jobs in two separate companies, so the CAR was different for each job.

3) In Job number 2: You have submitted P30/P32 and FPS for the year before job creation and accountant's letter- is this also required to submit? or you have submitted it, may be you took over business or joined business?

Yes, this was a business I joined, so needed extra documents

In my case, I did ask that I have incorporated two companies and both companies have taken over retail business and two or three employees have been issued P45 from previous owner and they have joined my company as fresher, do I need to consider these employees as new to my business ?

This is not very clear in the immigration rules. Strictly speaking, you have taken over the business and that is the rules you should follow. However, you really can't provide the specified documents as previous year employment does not make sense. If I were in your shoes, I would just consider it as a new business rather and provide documents accordingly.

For pre-April 2014 transitional arrangement, can we combine part time employees working less than 15 hours? for example - No. 1 works 9 hrs, No. 2 works 10 hrs and No. 3 works 12 hours, can this be counted as one FT?

Yes, you can. In fact, post April 2014, you can still do that.

Hi Marcnath, Thank you so much for your prompt reply and best advice. I also feel that I will consider my business as new and it is not possible to get FPS etc from previous owner due to confidentiality and data protection.

[jjs456]

Just one more query, for my extension application, I submitted accountant's letter and in covering letter I mentioned about buying business and also mentioned that i am unable to get documents from previous owner due to confidentiality & data protection and this was also mentioned in accountant's letter. In this situation as UKVI have above records, should I submit accountant's letter and again mention that could not get documents from previous owner due to confidentiality?

[marcnath]

Just one more query, for my extension application, I submitted accountant's letter and in covering letter I mentioned about buying business and also mentioned that i am unable to get documents from previous owner due to confidentiality & data protection and this was also mentioned in accountant's letter. In this situation as UKVI have above records, should I submit accountant's letter and again mention that could not get documents from previous owner due to confidentiality?

I don't think it is needed but if it was successful last time, then why not.

[jjs456]

Thank you so much Marcnath, much appreciated

[jjs456]

Hi Marcnath, Zimba or other seniors,
For Pre-April 2014, can we claim one part time job for 2 months as 1 full time for 1 month? Please do reply.
Thanks

[zimba]

Hi Marcnath, Zimba or other seniors,
For Pre-April 2014, can we claim one part time job for 2 months as 1 full time for 1 month? Please do reply.
Thanks

It seems it should be OK

[marcnath]

Your thread would be the correct place to post this question, so I am replying here.

Hi Marcnath,
As regards T1E dependent, I understand from below from their guide that my dependent's absences before January 2018 will not be counted, is this true? Me & my wife got T1E visa on 5/09/12, entered UK on 21/9/12
and got extension on 17/11/16
PBS dependants
You must not include any absence from the UK during periods of leave granted
under the Rules in place before 11 January 2018 towards the 180 days allowable
absences. For example, if a dependant’s qualifying period includes initial leave
granted from 1 January 2015 to 31 December 2017, and an extension granted from
1 January 2018 to 31 December 2019, you must not count any absences before 1
January 2018.

Actually, since your dependant's extension was granted before 11th Jan 2018, all absences (before and after 11 Jan 2018) will not be counted.

[jjs456]

Thank you so much Marcnath.

[marcnath]

Please don't tag your questions in other people's post.

I would like to know from marcnath about 3C and overstayer - if AR is refused and then after reapplication is successful, can it affect ILR application?

No. Once reapplication is successful, the overstay is ignored.

[jjs456]

Okay, thank you so much Marcnath

[jjs456]

Hello everyone & seniors
I will be applying for ILR in September 2018. I have query for TABLE X1 about "Business registration" in 5th row. Should I enter my company name & registration number or something else?
Thank you.

[marcnath]

Hello everyone & seniors
I will be applying for ILR in September 2018. I have query for TABLE X1 about "Business registration" in 5th row. Should I enter my company name & registration number or something else?
Thank you.

There are only two columns, so what else do you think you can/need add ?

[jjs456]

Hi Marcnath,
I want to make sure that it is again my company's detail in two columns as we are claiming points for row 1, 2& 4. As I asked in my earlier post, my company for which I claimed investment points will be stopping trading from August 18 and another company which is trading and for ILR I am claiming points for job creation for both companies and also engaged in business activity and for this reason I am entering both company details in row 1 & 2. Both companies will remain active. Is this OK?

[marcnath]

Hi Marcnath,
I want to make sure that it is again my company's detail in two columns as we are claiming points for row 1, 2& 4. As I asked in my earlier post, my company for which I claimed investment points will be stopping trading from August 18 and another company which is trading and for ILR I am claiming points for job creation for both companies and also engaged in business activity and for this reason I am entering both company details in row 1 & 2. Both companies will remain active. Is this OK?

You need Row 5 also.
Yes, it can be different companies or the same ones.