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Requirements for ILR (After 5 years), Tier 1 (Entrepreneur,

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Jewel15
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Joined: Wed Jun 08, 2016 11:39 am

Requirements for ILR (After 5 years), Tier 1 (Entrepreneur,

Post by Jewel15 » Tue Oct 18, 2016 4:14 pm

Dear All
I have some questions about investment funds and Job creation for ILR. Can you guys please help me to providing the answers...[Specially i am waiting to hear from our guru Zimba88]

Kind regards
Sandip Ray

A. Investment Funds:
[The applicant will not need to provide evidence of this investment if he was awarded points for it, as set out in Table 5, as specified in 46-SD (a)-(d) in his previous grant of entry clearance or leave to remain as a Tier1 (Entrepreneur) migrant (this includes the evidence to demonstrate your investment was in a UK business).] [Source: Immigration Rules Table: 06, Paragraph: 38]

1. My Questions are-
During my Tier 1 (Entrepreneur) extension application,I have already demonstrated that I had invested and spent into the business more than 50K & was awarded point for it. As far as I know, I do not have to show again that evidence of investment in my settlement application.

My director’s loan (terms and conditions) was for 5 years, which will end in 2018. If i take my director’s loan (50K) back earlier then 2018 (now), do you think it will take effect in my settlement application? Or I should wait till 2018 until i get ILR?

B. Job Creation: Created two full time equivalent posts:
[During your period of leave as a Tier 1 (Entrepreneur), you must have created 2 full time jobs for 12 months each across your business (es). If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement, if they were maintained for at least 12 months during your extension period of leave. Alternatively, if the jobs you created during your initial period of leave no longer exist, you can create 2 more in your extension period of leave, and claim points for them - if they exist for at least 12 months. [Ref: Settlement Application Form- SET O, Page: 42, version 04/2016]

Pre 6 April 2014 Transitional Arrangement: [Ref: Tier1 Entrepreneur Policy Guidance Page: 51, Paragraph- 169] If you successfully applied to enter the route before 6 April 2014, and you are making an extension application or a 5 year settlement application, you may continue to employ:] One worker for 24 months.

2. My Questions are-
My tier1 Entrepreneur visa was approved in 2013. I was on pre 6 April 2014 transitional Arrangement. In 2016 I have already demonstrated that I have created a full time job for 24 months and was awarded points for it. At present same employee is still working for my business.

“If you created 2 jobs in your initial application, you may use these jobs to claim points for settlement”- what does they mean? Do you think I should count that previous 24 months (Which I had created for my extension application) to claim points for settlement? Or I have to create another new post for 24 months for Settlement? or I should do continue same employee for another 24 months for ILR?

Thanks.

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zimba
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Re: Requirements for ILR (After 5 years), Tier 1 (Entreprene

Post by zimba » Tue Oct 18, 2016 10:50 pm

1. You already got the points and you do NOT need to provide any evidence of investment , however the genuine entrepreneur test gives home office the power to question you on your investments again during ILR. I suggest to stick to your original Loan agreement to be on the safe side.

2. It means they can stay and work for another 24 months and you can claim these hours again for your ILR.(continuing with current employees is ok)
Job creation requirement applies to extension period too which means you need 24 months of employment during the extension period to qualify for ILR.
See: http://www.immigrationboards.com/uk-tie ... 05508.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Jewel15
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Posts: 7
Joined: Wed Jun 08, 2016 11:39 am

Re: Requirements for ILR (After 5 years), Tier 1 (Entreprene

Post by Jewel15 » Wed Oct 19, 2016 4:45 pm

Thank you so much dear Zimba. You have given crystal clear answer. Really appreciated. God bless you.

Regards
Sandeep

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