preparing for ILR as a post extension T1ENT. Checklist

[seasky]

Here is my best understanding of what I will need to apply for ILR. would love forum input

1. Two 12 months employees since extension
2. English language. As I needed this for original application is this needed again?? I will need it for spouse too
3. Life in the UK test. + for spouse
4. A list of every trip I did out of the UK in the last 5 years (in my case I'd say that is close to 100 trips, I wish I knew of this a while ago, easier to make a list). Only me, but not for spouse
5. Not be out of the UK 180 days in any of the last 5 years + spouse
6. A list of all my trips to crown dependencies (I have 2-3 short trips. Why is this an issue?)
7. Our home and finances details. I am not clear if any thresholds are needed (not concerned) but for clarity, do I need to show maintenance in a bank for 90 days like previously?
8. all the convictions arrests stuff (non issue)
9. Do I need to prove again that £200K was invested?
10. I need to show still engaged in business at time of application
11. I think I need to pass the real entrepreneur test (I did not need that when original applications was done. But for me easily done. Even though not really clear what it is)

What am I missing?

[zimba]

Here is my best understanding of what I will need to apply for ILR. would love forum input

1. Two 12 months employees since extension
2. English language. As I needed this for original application is this needed again?? I will need it for spouse too
3. Life in the UK test. + for spouse
4. A list of every trip I did out of the UK in the last 5 years (in my case I'd say that is close to 100 trips, I wish I knew of this a while ago, easier to make a list). Only me, but not for spouse
5. Not be out of the UK 180 days in any of the last 5 years + spouse
6. A list of all my trips to crown dependencies (I have 2-3 short trips. Why is this an issue?)
7. Our home and finances details. I am not clear if any thresholds are needed (not concerned) but for clarity, do I need to show maintenance in a bank for 90 days like previously?
8. all the convictions arrests stuff (non issue)
9. Do I need to prove again that £200K was invested?
10. I need to show still engaged in business at time of application
11. I think I need to pass the real entrepreneur test (I did not need that when original applications was done. But for me easily done. Even though not really clear what it is)

What am I missing?

1. Yes
2. No you already qualify but your spouse has to show it
3. Yes
4. Yes and the reason for traveles. Should be less than 180 days absence in each 12 months
5. Yes as above
6. Yes, usually some of the time spent there is considered outside the uk
7. No maintenance required given that people with ILR have access to public funds
8. Yes, any court judgments, cautions, criminal traffic offences
9. No, you already qualify
10. Yes, you should have been director for all 5 years and engaged in business
11. Genuine entrepreneur test will be applied. They might ask for extra documents or interview. Nothing serious to worry

You and your partner also need to pass life in the uk test.

[seasky]

Thanks Zimba,

The SET(0) form seems to ask a lot of questions on salary etc, if ILR have access to public funds why is this neccessary. The form also asks proof on investing £200K, I did that already for extension, do I need to prove it again.

On english, it asks details of a test on SET(0) so what exactly do I write there. "proven in original application 5 years ago?"

[zimba]

Thanks Zimba,

The SET(0) form seems to ask a lot of questions on salary etc, if ILR have access to public funds why is this neccessary. The form also asks proof on investing £200K, I did that already for extension, do I need to prove it again.

On english, it asks details of a test on SET(0) so what exactly do I write there. "proven in original application 5 years ago?"

Set(o) is messed up.
The questions regarding salary are relateded to you affording a place to live, no maintenance is required.
If you read tier 1 entrepreneur guide, you see that you do not need to provide any evidence for investment or English language again (items 205 & 223)

[seasky]

You are a wizard Zimba!

[seasky]

In the set(0) it seems I have to post detailed salary info, or is that only for those going through the accelerated 3 year route?

[zimba]

In the set(0) it seems I have to post detailed salary info, or is that only for those going through the accelerated 3 year route?

Salary information is required if you apply for ILR under Tier 1 General or Tier 2. There's no salary threshold for tier 1 entrepreneur applicants. It seems the set(o) form is pretty generic

[kh_st]

Sorry for Highjacking, this is a very useful thread!
Question: How do you show still being engaged in business at application? The companies house document showing that I am a director I assume? Do I need to show any of my annual company accounts, company bank statements and so on? There's no mention of accounts and statements needed. Thanks

[zimba]

Sorry for Highjacking, this is a very useful thread!
Question: How do you show still being engaged in business at application? The companies house document showing that I am a director I assume? Do I need to show any of my annual company accounts, company bank statements and so on? There's no mention of accounts and statements needed. Thanks

Engendered in business means that you are either registered as a Director of a company or registered as Self employed with HMRC when you apply for ILR. Read items 148 to 155 from the Tier 1 guide on what documentary evidence you need to send.
https://www.gov.uk/government/uploads/s ... 1_2015.pdf

[seasky]

Sorry for Highjacking, this is a very useful thread!
Question: How do you show still being engaged in business at application? The companies house document showing that I am a director I assume? Do I need to show any of my annual company accounts, company bank statements and so on? There's no mention of accounts and statements needed. Thanks

Happy for this thread to be hijacked. I beleive t1 ENT only started in 2011? So only now would the first 5 year ILR routes come to fruition. I have not seen many ILR threads in this forum (3 year accelrated is a differnt process as the stuff you have to prove for it e.g. the actual £200K investment would have happened during extension for the 5 year route

[seasky]

in SET(0): 6.3 What evidence has been provided to support the reasons for all absences from the UK?

What exactly is the point of this question? As an entrepreneur I travel extensively for business. I also vacation abroad.

As the director of my own company I can of course write a letter as evidence....

(my absences are less than 180 days in each year)

[seasky]

"Section 5 - Your home and finances"
What is the point of this section? Is there guidance on what would be a 'fail' for this section (too low salary?)

[zimba]

in SET(0): 6.3 What evidence has been provided to support the reasons for all absences from the UK?

What exactly is the point of this question? As an entrepreneur I travel extensively for business. I also vacation abroad.

As the director of my own company I can of course write a letter as evidence....

(my absences are less than 180 days in each year)

That is only for people who are applying under Tier 1 General or Tier 2. People on Tier 1 entrepreneur do NOT need to provide any evidence for their absences from the UK as long as it is under 180 days.

The applicant must provide reasons for these absences in all categories except bereaved partner. The majority of applicants are also required to provide evidence of the absence. Evidence is not required from applicants in the following categories:

-Tier 1 (Investor)
-Tier 1 (Entrepreneur)
-Tier 1 (Exceptional talent), and
-highly skilled migrants(who fall under the HSMP Forum judgement)
-person established in business under the provisions of a European Community (EC) Association Agreement(paragraph 222)

See ILR guide on calculating continuous period: https://www.gov.uk/government/uploads/s ... _clean.pdf

"Section 5 - Your home and finances"
What is the point of this section? Is there guidance on what would be a 'fail' for this section (too low salary?)

It is usually about your financial connections to the UK (e.g you are paying for a mortgage, or you are a home owner, you work here)
To be eligible for ILR, you must demonstrate that you intend to live here indefinitely. I suggest you ask your questions regarding SET(O) form and the general ILR conditions on the ILR forum instead.

[seasky]

So for clarification. I do still have to list all my absences and the reason ('business trip to South Africa' or 'Vacation'), but I do not have to give evidence to all that list? (or just claim I was not away for 180 days. end of that unless they get back for specifics)

I am applying much later in the year. ILR for Entrepreneurs is pretty new (am I correct, it all started in 2011?) I am just gaining initial knowledge of the process for now, some things need long preparation. Probably will be more active again when I actually start filling the forms

it seems SET(0) has many sub sectors specific to 5 years ENT's so for now probably best kept on this forum? (you are the wizard, will follow your lead)

[zimba]

So for clarification. I do still have to list all my absences and the reason ('business trip to South Africa' or 'Vacation'), but I do not have to give evidence to all that list? (or just claim I was not away for 180 days. end of that unless they get back for specifics)

You are correct.

I am applying much later in the year. ILR for Entrepreneurs is pretty new (am I correct, it all started in 2011?) I am just gaining initial knowledge of the process for now, some things need long preparation. Probably will be more active again when I actually start filling the forms
it seems SET(0) has many sub sectors specific to 5 years ENT's so for now probably best kept on this forum? (you are the wizard, will follow your lead)

The five year route to ILR for Tier 1E will start to get more attention, however given that only 22% managed to get extension, the applications for ILR are going to be even lower.
Just a word of warning about your tax affairs. Make sure all your self-assessments are submitted on time and are in correct order. HO seems to be rejecting a large number of ILR applications recently for their tax discrepancies/failures.

[seasky]

The five year route to ILR for Tier 1E will start to get more attention, however given that only 22% managed to get extension, the applications for ILR are going to be even lower.
Just a word of warning about your tax affairs. Make sure all your self-assessments are submitted on time and are in correct order. HO seems to be rejecting a large number of ILR applications recently for their tax discrepancies/failures.

Really only 22%?? I guess people are just using it as an entry visa and not taking the entrepreneurship side seriously (I have built a serious tech company...)

I don't see anything in SET(0) on taxes so I guess they look it up directly with HMRC?

[zimba]

Really only 22%?? I guess people are just using it as an entry visa and not taking the entrepreneurship side seriously (I have built a serious tech company...)
I don't see anything in SET(0) on taxes so I guess they look it up directly with HMRC?

They will check your tax affairs with HMRC. They refuse anyone who has unpaid tax or failed to submit SA as required by the law.

[Napoleon77]

So for clarification. I do still have to list all my absences and the reason ('business trip to South Africa' or 'Vacation'), but I do not have to give evidence to all that list? (or just claim I was not away for 180 days. end of that unless they get back for specifics)

You are correct.

I am applying much later in the year. ILR for Entrepreneurs is pretty new (am I correct, it all started in 2011?) I am just gaining initial knowledge of the process for now, some things need long preparation. Probably will be more active again when I actually start filling the forms
it seems SET(0) has many sub sectors specific to 5 years ENT's so for now probably best kept on this forum? (you are the wizard, will follow your lead)

The five year route to ILR for Tier 1E will start to get more attention, however given that only 22% managed to get extension, the applications for ILR are going to be even lower.
Just a word of warning about your tax affairs. Make sure all your self-assessments are submitted on time and are in correct order. HO seems to be rejecting a large number of ILR applications recently for their tax discrepancies/failures.

Hi Zimba88

Keep up the good work!

When you say only 22% of T1 Ent Visa applicants get extension is it because statistically there are lots of rejected extension applications or many people don't bother applying for extensions?

[moongesture]

MAC report (25/09, point 4.27) "73 per cent of those granted an initial period of leave to enter or remain as a Tier 1 (Entrepreneur) migrant had failed to apply to extend their leave within the category. Six per cent had switched into other immigration categories. Overall, only 22 per cent of applicants successfully extended their stay as a Tier 1 (Entrepreneur) migrant. We understand that this very low figure may partly be due to issues"

[shaf2008]

Sorry, does it mean that if you do not pay any tax in self assessment , they will not give you ILR

[zimba]

Sorry, does it mean that if you do not pay any tax in self assessment , they will not give you ILR

No. As a director or self employed person, you are required by the law to file self assessment tax returns whether you owe any tax or not. You also have to file if you receive any other non-employment income like dividends on shares, capital gains, property rentals, etc. Your accountant will be able to help you on this.

[seasky]

Sorry, does it mean that if you do not pay any tax in self assessment , they will not give you ILR

No. As a director or self employed person, you are required by the law to file self assessment tax returns whether you owe any tax or not. You also have to file if you receive any other non-employment income like dividends on shares, capital gains, property rentals, etc. Your accountant will be able to help you on this.

Was anyone denied extension due to lack of SA (whether owing tax or not)?

[zimba]

Was anyone denied extension due to lack of SA (whether owing tax or not)?

Not that I've heard. They certainly check your tax affairs when you apply for ILR though.

A large number of ILR rejections is being reported for Tier 1 General applications currently applying for ILR. They are allowed to work as employed/self-employed but many of them did not have their tax affairs in place and mainly failed to declare their incomes or file SA. Having a certain salary threshold under Tier 1 General is important for the award of points, so many of them are being refused for deceiving HO. Most of them claimed points for salaries but did not pay correct taxes or failed to declare them on their SA.

I did not warn members on SA to freak them out. It is simply a legal requirement that as a business owner, you need to be aware of. ILR applications for Tier 1 will start very soon and I want members to have the perspective.

[seasky]

Was anyone denied extension due to lack of SA (whether owing tax or not)?

Not that I've heard. They certainly check your tax affairs when you apply for ILR though.

A large number of ILR rejections is being reported for Tier 1 General applications currently applying for ILR. They are allowed to work as employed/self-employed but many of them did not have their tax affairs in place and mainly failed to declare their incomes or file SA. Having a certain salary threshold under Tier 1 General is important for the award of points, so many of them are being refused for deceiving HO. Most of them claimed points for salaries but did not pay correct taxes or failed to declare them on their SA.

I did not warn members on SA to freak them out. It is simply a legal requirement that as a business owner, you need to be aware of. ILR applications for Tier 1 will start very soon and I want members to have the perspective.

It's an unbelievable useful point to know ahead of time and relatively easy to fix if you are a genuine entrepreneur. thx Zimba!

[raj.m]

Sorry to hijack this thread! Just thought I would use this thread to ask a few questions in relation to "what next after extension"

Set (o)

Section 5: your home and finances

5.1 asks you about your home. What if your home is owned by a relative? Does that mean anything to the HO?

5.3 asks if you're working in the UK. For someone who is on entrepreneur visa, would the answer be yes or no? I ask this as most entrepreneurs withdraw a salary for themselves from their company. Is there a minimum requirement? I ask this because If you answer this question with a yes, it asks you how much your salary is. I withdraw a minimal amount as my salary.