visa application in 5 days important qustions

[Aabdulwaheed]

Hi fellow member,
I am the silent member of the forum and find it very helpful for my visa application preparation.

I have few confusion about the final submission.

My visa expired on 9th of November 2017. My solicitor has said we will submit the application on the last day of the visa due to his busy schedule and accountant delayed the process of management accounts other stuff.

I need help and suggestion before submitting the Final application.

1- my accountant has just gave me only one letter and include reverting in it. Investment, Share capital in company, and employment details with hours since the jobs created. Is this acceptable?

2- i have invested 69500 in three years and share certificate issue 100 first year, £29,900 second year and £39,500 in management accounts last year. my question do i require a separate investment letter from the accountant as well? My accountant just issue me one letter that include everything in it. ?

3. Very important my confusing.
I gave four weeks holidays to all my employees will this count as hours work. as my payslip said two months 70 hours plus holiday pay, 70 hours plus holiday without mentioning the hours. now My solicitor saying it wouldn't count as hours and my accountant saying it will count as hours worked and paid. Please guide me who is right and what if this not counted as hours to claim would i get refused because number of hours from one post of job creation reduce from both employment. As both employees are on 30 hours continuity working last 14 months. w

who is right and what can i do now.

4- Do i really need to stamp the all pay slips from my accountant.
5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?

6- My first year accountant has left the country and i dont have the signed accounts of first year but he posted me the full accounts. My current accountant has refused to stamps them. Do i really need these accounts also be stamped and signed by the first accountant or the second accountant can signed them.?

Thanks senior member please advise me. I am submitting my application on Monday and not happy with the solicitor and accountant at the last minutes. Company is smoothly running. have my own business space, office, website, business rates and paying VAT.

[marcnath]

My visa expired on 9th of November 2017. My solicitor has said we will submit the application on the last day of the visa due to his busy schedule and accountant delayed the process of management accounts other stuff.

If expiry is more than one month away, why are you submitting on Monday ?

1- my accountant has just gave me only one letter and include reverting in it. Investment, Share capital in company, and employment details with hours since the jobs created. Is this acceptable?

Assuming you have started a new business and not joined a business, there is no need for an accountant's letter at all. So anything in that will likely be ignored, so it does not matter.

2- i have invested 69500 in three years and share certificate issue 100 first year, £29,900 second year and £39,500 in management accounts last year. my question do i require a separate investment letter from the accountant as well? My accountant just issue me one letter that include everything in it. ?

As mentioned, no need for the letter at all.

3. Very important my confusing.
I gave four weeks holidays to all my employees will this count as hours work. as my payslip said two months 70 hours plus holiday pay, 70 hours plus holiday without mentioning the hours. now My solicitor saying it wouldn't count as hours and my accountant saying it will count as hours worked and paid. Please guide me who is right and what if this not counted as hours to claim would i get refused because number of hours from one post of job creation reduce from both employment. As both employees are on 30 hours continuity working last 14 months.
who is right and what can i do now.

There is no requirement to have the hours on the payslip, so it does not matter.
In the form you will fill in the hourly rate for each employee. If the salary paid as shown in the FPS divided by the hourly wage shows more than 30 hours/week, then HO should accept it.

4- Do i really need to stamp the all pay slips from my accountant.

No

5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?

FPS will have all the employees anyway, you can't separate them.
You only need to send in the payslips and settled worker proof for the settled workers. All other documents are optional.

6- My first year accountant has left the country and i dont have the signed accounts of first year but he posted me the full accounts. My current accountant has refused to stamps them. Do i really need these accounts also be stamped and signed by the first accountant or the second accountant can signed them.?

You only need to submit one year's accounts (generally the latest year). So the old accounts don't matter.

[PeterLove2008]

Hi fellow member,
I am the silent member of the forum and find it very helpful for my visa application preparation.

I have few confusion about the final submission.

My visa expired on 9th of November 2017. My solicitor has said we will submit the application on the last day of the visa due to his busy schedule and accountant delayed the process of management accounts other stuff.

I need help and suggestion before submitting the Final application.

1- my accountant has just gave me only one letter and include reverting in it. Investment, Share capital in company, and employment details with hours since the jobs created. Is this acceptable?
= a letter is good but not enough. hourly rate (above NMW) should be included in the payslips.
= at least the last year's management accounts should be submitted. many of applicants showed at least 2 years though. maybe other people have different opinion on this.

2- i have invested 69500 in three years and share certificate issue 100 first year, £29,900 second year and £39,500 in management accounts last year. my question do i require a separate investment letter from the accountant as well? My accountant just issue me one letter that include everything in it. ?
= the letter should be fine. but these information should be reflected in the business management accounts (annual accounts report which you file up on companies house).

3. Very important my confusing.
I gave four weeks holidays to all my employees will this count as hours work. as my payslip said two months 70 hours plus holiday pay, 70 hours plus holiday without mentioning the hours. now My solicitor saying it wouldn't count as hours and my accountant saying it will count as hours worked and paid. Please guide me who is right and what if this not counted as hours to claim would i get refused because number of hours from one post of job creation reduce from both employment. As both employees are on 30 hours continuity working last 14 months. w
= the holiday taken is not the hours worked, even it's paid.

who is right and what can i do now.

4- Do i really need to stamp the all pay slips from my accountant.
= no, as long as it is the same as in your Full Time Submittion report to HMRC.

5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?
= obviously yes.

6- My first year accountant has left the country and i dont have the signed accounts of first year but he posted me the full accounts. My current accountant has refused to stamps them. Do i really need these accounts also be stamped and signed by the first accountant or the second accountant can signed them.?
= a signature is required. to be professional enough, the stamp is also required to show your report is genuine.

Thanks senior member please advise me. I am submitting my application on Monday and not happy with the solicitor and accountant at the last minutes. Company is smoothly running. have my own business space, office, website, business rates and paying VAT.

[marcnath]

@PeterLove2008 - Appreciate your contribution and help in the forum.

But there are a couple of answers you gave below that are not accurate to my knowledge. I am happy to be corrected, so please point to the document or website which refers to the points below that I am responding to.

hourly rate (above NMW) should be included in the payslips.
Hourly rate in payslips is not a requirement and in many cases is not present in a payslip
= the holiday taken is not the hours worked, even it's paid.

Paid holidays are definitely counted as hours worked. The law specifies that the JOB should be full time (30 hours/week or more) - not the hours worked by the employee.
5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?
= obviously yes.
There is no requirement to submit documents for employees you are not claiming for.

[Aabdulwaheed]

yes thanks. i got it. that means i dont need to worry about the pay rate. my employee payslips show per hour rate as well.

God bless you both for the quick comments and feedback. much appreciated.

[zimba]

@PeterLove2008 - Appreciate your contribution and help in the forum.

But there are a couple of answers you gave below that are not accurate to my knowledge. I am happy to be corrected, so please point to the document or website which refers to the points below that I am responding to.

hourly rate (above NMW) should be included in the payslips.
Hourly rate in payslips is not a requirement and in many cases is not present in a payslip
= the holiday taken is not the hours worked, even it's paid.

Paid holidays are definitely counted as hours worked. The law specifies that the JOB should be full time (30 hours/week or more) - not the hours worked by the employee.
5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?
= obviously yes.
There is no requirement to submit documents for employees you are not claiming for.

Marcnath is correct. Those two answers provided by PeterLove2008 are incorrect as per rules

[PeterLove2008]

@PeterLove2008 - Appreciate your contribution and help in the forum.

But there are a couple of answers you gave below that are not accurate to my knowledge. I am happy to be corrected, so please point to the document or website which refers to the points below that I am responding to.

hourly rate (above NMW) should be included in the payslips.
Hourly rate in payslips is not a requirement and in many cases is not present in a payslip
= the holiday taken is not the hours worked, even it's paid.

Paid holidays are definitely counted as hours worked. The law specifies that the JOB should be full time (30 hours/week or more) - not the hours worked by the employee.
5- I have 5 employees in my company two of them settled person and 3 non settled. Should i have to send submission report, FPS, RTI, Employee details, P60 etc of all the employees or only settled workers?
= obviously yes.
There is no requirement to submit documents for employees you are not claiming for.

Marcnath is correct. Those two answers provided by PeterLove2008 are incorrect as per rules

Hourly rate in payslips:
I still hold my opinion on this because the Guidance (version April 2017) "192. You must also confirm the hourly rate for each employee used to claim points, including any changes in the hourly rate and the dates of the changes. This will enable us to calculate how many hours of work were created for each worker."
Personally I believe the payslip is the best document to show the hourly rate. Of course, you can expect the case worker to calculate from the annual salary divided by weeks and then by hours worked per week, but I think it is worse than directly showing the hourly rate on the payslips.

2 out of 5 employees:
Sorry my apologies. You only need to show the employees from whom you claim points. In your case, you only need to show the 2 settled workers you wanted to claim points.

[zimba]

Hourly rate must be confirmed on the application form. Most payslips do not have hourly rate on them

[marcnath]

Hourly rate in payslips:
I still hold my opinion on this because the Guidance (version April 2017) "192. You must also confirm the hourly rate for each employee used to claim points, including any changes in the hourly rate and the dates of the changes. This will enable us to calculate how many hours of work were created for each worker."
Personally I believe the payslip is the best document to show the hourly rate. Of course, you can expect the case worker to calculate from the annual salary divided by weeks and then by hours worked per week, but I think it is worse than directly showing the hourly rate on the payslips.

Sure, you are entitled to your opinion. And you are not alone.

However, the requirement is (as Zimba also mentioned) that the hourly rate is explicitly entered by the applicant into the Job Table - there is a specific column for this. (hence no need to have it in the payslip)
The CW uses that information given in the Job table to calculate the hours per week of the employee - not the other way around.

Sorry that I am being a pain and reinforcing this - but I just don't want other applicants to start getting worked up over a requirement that does not exist. Most are stressed as it is.

[PeterLove2008]

Hourly rate on payslip:

I agree with Marcnath. Still, there are some industries, showing hourly rates on payslips are more appropriate. Example, hospitality industry or care industry, you can't put a fixed hourly rate at the table (Annex F), because the number varies if they work irregular hours (different combination of night/day/weekend hours). In this case, the payslip is the best way to comply the immigration rule.

Obvously, in general, you are right. My point is that it may vary according what industry you are in.

Best regards,
PeterLove2008