Urgent request -Job creation

[msx273]

Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,

Hi Marcnath,

The problem is I have used some amount of investment funds from bank account which I showed for visa, but I will transfer it Back to my account and transfer amount in excess of £200k before end of this year , is there any concerns?

Please assist

Not sure what assistance I can provide.

Rule 245D(c) is very clear.

money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
(i) ‘Available’ means that the funds are:
(1) in the applicant’s own possession,
(2) in the financial accounts of the UK business(es) which they are relying on to claim points, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41(a)(vi) of Appendix A.

However, your extension application or ILR application does not require you to submit any documents to show that you meet the condition.

And so far, I have not come across a case in this forum where HO has asked for it or used it as a reason for rejection. Though there have been cases where HO has asked people to show the source of the funding they used for investing.

There is nothing you can do about it since you have already used the funds for other purposes. So, you may just want to hope that there is nothing that makes HO want to look in more detail on the funds.

[marcnath]

Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.

I never said that. HO can ask for any information.

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.

No new feedback to give

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,

That is ok

[msx273]

Thank you so much Marcnath

Its very clear now,

During ILR / Extension - we need to provide with income tax and business accont statment for the 3rd year only right ?

Hi Marchnath

I understood now , so HO only may only ask for source of fundings which I can provide.

But my concern i I used some of the investment funds which I used to apply for T1 Initial visa, how ever when I transfer funds to UK , all the funds in excess of GBP 200K will be transferred from my country to my account in UK

Your valuable feedback if highly appreciated.

I have not registered a new company yet since Im running the business which I registerd in 2018 as a director, I'm working on it and getting sufficient income, is it ok or do I need to make any changes ( Register or take over business with in 6 months )

Please assist,

Hi Marcnath,

The problem is I have used some amount of investment funds from bank account which I showed for visa, but I will transfer it Back to my account and transfer amount in excess of £200k before end of this year , is there any concerns?

Please assist

Not sure what assistance I can provide.

Rule 245D(c) is very clear.

money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
(i) ‘Available’ means that the funds are:
(1) in the applicant’s own possession,
(2) in the financial accounts of the UK business(es) which they are relying on to claim points, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41(a)(vi) of Appendix A.

However, your extension application or ILR application does not require you to submit any documents to show that you meet the condition.

And so far, I have not come across a case in this forum where HO has asked for it or used it as a reason for rejection. Though there have been cases where HO has asked people to show the source of the funding they used for investing.

There is nothing you can do about it since you have already used the funds for other purposes. So, you may just want to hope that there is nothing that makes HO want to look in more detail on the funds.

[msx273]

Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf

[marcnath]

Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf

Yes

[msx273]

Thank you Marcnath

Dear Mods and Experts,

Can I register more than one company in one address ?

It is ny current home address

Please assist

Regards
Abuhf

Yes

[msx273]

Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist

[marcnath]

Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist

Yes, you can.
Remember when you join a business only additional jobs created after you join us counted

[msx273]

Thank you so much Marcnath

Dear Mods and Experts,

Can I join start up of priting shop of cousins ( one in ILR and one on leave to remain ) as a director, they currently have one full time emlpoyee ( non settled person ) if I join them as a director and create 10 full time jobs lasting more than 135 hours per week for one year and claim it to satisfy the requirrements of Extension or ILR.

They currrently own 100% share and If I invest 50K and get 20% share of the company will that be accepted ?

Please assist

Yes, you can.
Remember when you join a business only additional jobs created after you join us counted

[msx273]

Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.

[marcnath]

Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.

You should tax to an accountant who deals with expat tax matters - the answer is in principle, yes but there are many exceptions that you need to take professional advice on.

Why do you think you can't show all investments ?

[msx273]

Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

Dear Mods and Experts,

If we transfer funds from our country to UK , do we need to pay income tax in UK for it ?

Also I'm planning to invest around 500K GBP in various business in UK and so can we show that all investment funds during extension / ILR ?

Please assist.

You should tax to an accountant who deals with expat tax matters - the answer is in principle, yes but there are many exceptions that you need to take professional advice on.

Why do you think you can't show all investments ?

[marcnath]

Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.

[msx273]

Thank you so much Marcnath,

Is it mandatory to get documents for the other funds apart from 200K which we are showing,

At the moment my business doesnt require funding since its already established , its ok to have it when neccesary right, somewhere around this year or early next year.

Does HO have right to enquire about the Tax and transactions in business account too ??

Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.

[marcnath]

Thank you so much Marcnath,

Is it mandatory to get documents for the other funds apart from 200K which we are showing, ==> No

At the moment my business doesnt require funding since its already established , its ok to have it when neccesary right, somewhere around this year or early next year.

Does HO have right to enquire about the Tax and transactions in business account too ??==> There are no restrictions to what HO can ask of the business

Hi Marcnath,

Thank you so much for your valuable advise

Why do you think you can't show all investments ?
Over 200KGBP will be from my investements from Tier 1 and over 300K GBP will be from friends and family, kindly advsie

If there is any specifi documetns to be provided let me know

Regards,
Abuhf

HO only needs documentation for 200K. So you can provide whatever you want for the remaining 300K.

[msx273]

Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.

[zimba]

Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.

No you cannot. You need employees who should be on Payroll and have been on your Payroll on or before Feb 2020. So you cannot claim anything

[msx273]

Thank you so much Zimba,

As due to current situtation we cannot do any resarech on business, will HO make any discretion in this regards ??

Also is it neccesary to just open a business in whcih we have prior experience or can we do any business, as I dont have any experience in Retail but I'm going to join hands with my cousins one ILR and one Leave to Remain on family , we will be three directors with equal share, so is it allowed ? can i use that business to claim during my tier 1 Extension / ILR

Please assit

Dear Mods and Experts,

I'm a director of my comany and I dont have staffs now, can i still claim the business grants from HMRC ?

I'm not on payroll yet.

Will it have any impact during ILR or Extension as its been only 6 months since i come to UK and my company is registred from October 2018

Kindly advise.

No you cannot. You need employees who should be on Payroll and have been on your Payroll on or before Feb 2020. So you cannot claim anything

[zimba]

This is not a business forum. You have turned this thread into a long business support/query post. You must seek business support somewhere else. You are free to do as you wish in your business affairs as long as it is lawful. There is NO restriction. Tier 1E guide is clear what is not accepted to score points for extension/ILR stage but you still can do what you like. If you are continue your business queries without immigration related matters, your thread may be locked by the moderator team if deemed necessary. I repeat, seek business support and advice from relevant sources. There are many sources available for help online.

We will update you on any UKVI concessions made in regards to the current affairs, so keep an eye on the the relevant topic at the top of the forum

https://www.businesssupport.gov.uk/

[msx273]

Hi Zimba

Sorry for confusion , actulally my question is related to Tier 1 , as we wil be three directors and only I will be claiming the for Tier 1 as other two directors are just equal share holders

This is not a business forum. You have turned this thread into a long business support/query post. You must seek business support somewhere else. You are free to do as you wish in your business affairs as long as it is lawful. There is NO restriction. Tier 1E guide is clear what is not accepted to score points for extension/ILR stage but you still can do what you like. If you are continue your business queries without immigration related matters, your thread may be locked by the moderator team if deemed necessary. I repeat, seek business support and advice from relevant sources. There are many sources available for help online.

We will update you on any UKVI concessions made in regards to the current affairs, so keep an eye on the the relevant topic at the top of the forum

https://www.businesssupport.gov.uk/

[zimba]

No it is not. As I said, there are no such restrictions as per rules and so repeating this will not fly. You are demanding business advice and then using Tier 1E visa as an excuse to get what you want. Points to score for extension/ILR are NOT restrictions. Tier 1E rules sets NO restrictions on your business affairs. NOTHING. Tier 1E guide also is very clear on what you cannot use to score points. So constantly demanding advice on every minor details of your business decision making process is not relevant here. Seek business advice from other sources. You either should stick to immigration related matters only or we are left with no choice but to moderate this post as necessary

[msx273]

Thank you Zimba, I will adhere to it

No it is not. As I said, there are no such restrictions as per rules and so repeating this will not fly. You are demanding business advice and then using Tier 1E visa as an excuse to get what you want. Points to score for extension/ILR are NOT restrictions. Tier 1E rules sets NO restrictions on your business affairs. NOTHING. Tier 1E guide also is very clear on what you cannot use to score points. So constantly demanding advice on every minor details of your business decision making process is not relevant here. Seek business advice from other sources. You either should stick to immigration related matters only or we are left with no choice but to moderate this post as necessary

[zimba]

Thank you for understanding

[msx273]

Dear Mods and Experts

Hope you all doing well and safe,

I got my Tier 1 entrepreneur visa in August 2019 and entred uk in September 2019,

Since it’s my existing business , I have not hired any staff yet

Could you please advice If the below applied to me or I still need to employ 2 full time staff for the period of one year or 10 full time staff for 30 hours per week for extensions/ ILR

“ If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.“

[marcnath]

Dear Mods and Experts

Hope you all doing well and safe,

I got my Tier 1 entrepreneur visa in August 2019 and entred uk in September 2019,

Since it’s my existing business , I have not hired any staff yet

Could you please advice If the below applied to me or I still need to employ 2 full time staff for the period of one year or 10 full time staff for 30 hours per week for extensions/ ILR

“ If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.“

Unfortunately that is not very clear from the statement. It is better for this to percolate into actual guideline documents, which is not possibly urgent as this has no immediate impact.

Going from previous history, guidelines for accelerated ILR are unlikely to be relaxed. The relaxations would be more for the normal 5 year route. So, if you want to plan, you need to proceed on that basis.