Help and suggestions needed

[Sunnyindia]

Extension is due in 2nd week of Nov2017 (initial application post June 2014)
Had 1 employee since June 2016 and another since October 2016. The first employee is wife of British national and has leave to remain written on BRP card. Problem- I have overlooked the card and considered as indefinite leave to remain thinking as she is the wife of British national

2nd employee is British citizen and both are working full time in the company
I am left with 4 months to put extension application
Please advice how should I get the FPS and payslip sorted if I employee another British or ILR employee now with four months in hand.

[zimba]

You need to have created two full time POSITIONS in your company which lasted for at least 12 months each (not necessarily continuously) for settled workers.
You can only claim the work of the British citizen but NOT the the first employee as your first employee does not seem to be a settled worker (she does not have an ILR). So you seem to have failed to create the two positions required for extension.

[Sunnyindia]

Hello Zimba,
I have realised that mistake but is there anyway I can show the last 8 months for a new employee by updating hmrc for last year tax period ?

[Momi]

If you have 2 employees in last 1 year then you fulfil the requirement.

[marcnath]

Hello Zimba,
I have realised that mistake but is there anyway I can show the last 8 months for a new employee by updating hmrc for last year tax period ?

Unfortunately not.
Even if you had hired someone in reality and reported to HMRC 8 months late, UKVI can still refuse to accept it on the grounds that it was violated the condition - "The jobs must comply with all relevant UK regulations, including the Working Time Directive 2003."
And in the worst case, they can decide it is deception, making it even more difficult for you.

Sorry about having to give negative news

[marcnath]

Extension is due in 2nd week of Nov2017 (initial application post June 2014)
Had 1 employee since June 2016 and another since October 2016. The first employee is wife of British national and has leave to remain written on BRP card. Problem- I have overlooked the card and considered as indefinite leave to remain thinking as she is the wife of British national

2nd employee is British citizen and both are working full time in the company
I am left with 4 months to put extension application
Please advice how should I get the FPS and payslip sorted if I employee another British or ILR employee now with four months in hand.

Sorry to hear about this problem. You are in a tough situation.
There are no easy solutions given that you are not pre-2014.
Couple of things I can think of
a) If the employee 1 is due for ILR and can get her ILR now, you will still be able to submit settled worker status. It does not meet the intent of having created a job for a settled worker, but there is no need to provide an evidence of settled worker at the time of employment start date. This is a stretch and no guarantees it will be accepted
b) If your investment is made in the recent months (not more than 12 months back), you can do an initial application again using that investment as evidence. The biggest challenge with this is that you need to apply from outside the UK, so you are going to need to go back for the period of the application processing. If you do it now, you current visa is still valid and should not impact too much. Again, I am not clear about the intricacies and may have missed some conditions in the law. But, if it can be done, it is possibly the best solution as you should still be able to apply for ILR in 2019 if you have the proper people employed after the new application is granted.

[marcnath]

If you have 2 employees in last 1 year then you fulfil the requirement.

This needs to be qualified. The employees need to be "settled workers" to fulfil the requirement

[jafersadeq]

If you have submitted FPS in the last 8 months, you can amend it, it is your right to amend any FPS in the same tax year, you can add one employee more and amend the previous FPS, HMRC will accept it because it is amendment and it is not late submission.
Try with HMRC.

[marcnath]

If you have submitted FPS in the last 8 months, you can amend it, it is your right to amend any FPS in the same tax year, you can add one employee more and amend the previous FPS, HMRC will accept it because it is amendment and it is not late submission.
Try with HMRC.

I may have misunderstood OP's question, but what I inferred he is asking was if he could hire a new employee now and back submit last 8 months FPS - i.e. showing the employee was hired 8 months back. That is something I would strongly advice against.
And anyway, last 8 months goes into previous tax year in this case.

[jafersadeq]

Dear marcnath,
if the employee start date is 1/4/2017 and the extension date is 30/11/2017 , the OP has the months 4,5,6,7,8,9,10,11 (8 months) in the same tax year.

[marcnath]

Dear marcnath,
if the employee start date is 1/4/2017 and the extension date is 30/11/2017 , the OP has the months 4,5,6,7,8,9,10,11 (8 months) in the same tax year.

You are correct.

But in order to satisfy OP's job creation requirement, he has have the new employee starting from December 2016, which would be last tax year.

And even if it was needed only from April, I emphasise again - if the employee was not actually hired in April, it is extremely risky to try and backdate payslips, FPS etc. HMRC may accept it, but it may not be too difficult to get caught by the CW during the Visa application.

[zimba]

Lying about job creation and back dating an employment which never existed is a clear case of deception.

[Sunnyindia]

If I update with HMRC regarding the employment of employee 3 started from last year Nov 2016 and myself disclose it to HO during the extension application with a cover note -emphasizing it as a mistake which the company realised in the month of June 2017
Or
Should I just show the employment from April 2017 to October 2017 and disclose myself with cover note that I got mistaken the Visa of employee 1 who is wife of British national and is still employeed by the company and have overlooked the fact that she is not settled person in the UK yet.
Or
Any other option like switching to tier 4 dependent. (Note-I am not yet married ) my 10years will complete in feb 2020
Or
Should I just make the extension application and hope for the best
Or
Should I wind up the company and give it a full stop.

[marcnath]

If I update with HMRC regarding the employment of employee 3 started from last year Nov 2016 and myself disclose it to HO during the extension application with a cover note -emphasizing it as a mistake which the company realised in the month of June 2017

This is the last time I will mention this - if you haven't actually been employing the person since Nov 2016, don't even think about this.

Or
Should I just show the employment from April 2017 to October 2017 and disclose myself with cover note that I got mistaken the Visa of employee 1 who is wife of British national and is still employeed by the company and have overlooked the fact that she is not settled person in the UK yet.

Same comment - if you have not actually employed the person from April, don't try to do it.
Sorry but I don't think they will be able to overlook the obvious error

Or
Any other option like switching to tier 4 dependent. (Note-I am not yet married ) my 10years will complete in feb 2020

Did you consider reapplying as an initial application for T1E ? And yes, if those are possibilities- why not?

Or
Should I just make the extension application and hope for the best

Your chances of refusal are almost certain. What you can hope for is that the decision (including AR) is delayed more than 8 months, by when you would have a second employee for 12 months if you employ one now. It is a long shot but possible.

Or
Should I wind up the company and give it a full stop.

That would be a pity. As I mentioned before, you have two other possibilities- the current employee gets ILR before you apply (small chance) and do a new initial application ( haven't seen any major negatives yet)

[marcnath]

I had earlier made a suggestion of reapplying for T1E as an initial application.

That will, unfortunately, not work.

You can make an initial application for T1E again, as I thought.

However, it appears they will take the attributes for extensions for awarding for points - even if it is a new application.

So, that does not get around the job requirement.

[mshakeel2002]

Extension is due in 2nd week of Nov2017 (initial application post June 2014)
Had 1 employee since June 2016 and another since October 2016. The first employee is wife of British national and has leave to remain written on BRP card. Problem- I have overlooked the card and considered as indefinite leave to remain thinking as she is the wife of British national

2nd employee is British citizen and both are working full time in the company
I am left with 4 months to put extension application
Please advice how should I get the FPS and payslip sorted if I employee another British or ILR employee now with four months in hand.

Hello:
i am exactly same boat as yours, what decision and solution did you come up with , and have you heard back from HO yet?

[zimba]

STICK TO YOUR OWN THREAD IN THE ILR FORUM This is the final warning

indefinite-leave-to-remain/transitional ... 46410.html