HH-HH wrote: ↑Wed Feb 01, 2023 8:31 am
Thank you for your reply.
I've been thinking about this a lot and researching bills. The bill does not require companies to hold investment funds for how many years or to maintain investment funds at the agreed amount in the agreement. The requirement in the bill is that the investment must be completed (according to the specified time and method). I have indeed completed it, and the investment funds have been spent (this can be evidenced by the bank statement), so the part of principal is repaid after the investment funds are spent.
Have you ever met this situation and is this going to be a renewal issue? My documents has been submitted, can you give me some advice? Thank you very much.
Kind regards
H
I haven't seen anyone specifically having gone through this. Whenever the question has been raised, the general suggestion has been not to repay the Director loan until the ILR (or at least until extension). And most people appear to have followed that.
As I stated in my initial reply, a strict reading of the rules sets it out exactly as you state.
In fact, if you transfer money into the business bank account as a Director loan and then have the business repay the entire Director loan back the next day, it would still meet the criteria.
Obviously, that makes no sense in terms of the broad criteria for the entrepreneur visa.
Remember that there is a criteria that any renumeration for the Entrepreneur will be deducted from the investment value. There is nothing that will stop HO from interpreting that repayment as renumeration. And if they do that, you will have to ready to go to court and fight it. You may or may not win but you will incur significant costs.
But more importantly, you mentioned the "owners" decided to pay you. That indicates you are the owner, which can easily raise the question about you being a genuine entrepreneur. Most entrepreneurs tend to be owners of their business. So, it is in your best interest to avoid anything that will want the case worker to look at things in more detail
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.