ILR Based on 5 years Entrepreneur Visa

[koonjparekh]

Hello All,

I have few questions about ILR Visa. My history is as below:

Aug 2009-July 2012 : Student Visa
July 2012-July 2014 : PSW Visa
Aug 2014 - Present : Tier 1 Entrepreneur Visa which ends in March 2021

I will be completing my 10 years of entry in UK on 08/Aug/2019. Can I please ask if I am eligible for SET ILR based on 10 years route? The only reason why I want to confirm this is that many people informed me that student visa isn't counted in 10 years route. Please can anyone help me with this?

Secondly, my wife is on a dependent visa and she arrived in the UK on 15th July 2015. Which means, she'll be completing 5 years in July 2020. Will she be eligible for ILR if I apply in next July under the SET ILR rule? I do not want to apply for ILR based on 5 year Entrepreneur route unless necessary.

Thanks for your help.

Regards,
K

[CR001]

The only reason why I want to confirm this is that many people informed me that student visa isn't counted in 10 years route. Please can anyone help me with this?

Suggest to stop listening to "many people". All visa count for long residence ilr, even visitor visas.

Secondly, my wife is on a dependent visa and she arrived in the UK on 15th July 2015. Which means, she'll be completing 5 years in July 2020. Will she be eligible for ILR if I apply in next July under the SET ILR rule? I do not want to apply for ILR based on 5 year Entrepreneur route unless necessary.

No she cannot apply for ilr based on her current visa. She has to switch to FLR M meeting the English and financial requirements and her clock for ilr based on 5 years residence will be reset to zero.

[koonjparekh]

Thanks for the clarification.

Sorry wanted to ask one more thing. Incase if I apply on 5 year ILR based on my entrepreneur visa in next July when my wife will also finish her 5 years, can we both apply for ILR?

[CR001]

Thanks for the clarification.

Sorry wanted to ask one more thing. Incase if I apply on 5 year ILR based on my entrepreneur visa in next July when my wife will also finish her 5 years, can we both apply for ILR?

Yes if you both meet the requirements.

[koonjparekh]

Thanks for your help.

[koonjparekh]

Hello All,

Just some questions regarding the application for ILR based on 5-year Entrepreneur Visa -

1. Do I need to show again that I fulfilled my requirements of 50K investment? I did submit all the documents upon extension of my visa

2. Regarding job requirements, how can I split between part-time & full-time hours? I have 1 full time, 1 part-time and I am about to hire 1 more on full-time basis but I can only hire that person for 7-8 months before I will apply for ILR. Thus, I need to include some part time hours as well to fulfill my requirements.

3. Can someone please send me the link to guidance for application of the visa? I tried looking for a while but had no success.

4. Do I & my partner need to make minimum earnings? Or there are no such requirements?

Thank you so much for your help.

Regards,
Koonj

[zimba]

1. No
2. You need to a have a part-time position that lasted for 12 months and you can combine this with another part-time job position that lasted 12 months. If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.
3. https://www.immigrationboards.com/uk-ti ... ml#p479948
4. No such requirement

[koonjparekh]

You need to a have a part-time position that lasted for 12 months and you can combine this with another part-time job position that lasted 12 months. If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.


When you say I can temporarily extend my visa, how can that be done? What sort of application do I need to submit for that?

Thank you so much for your help.

[koonjparekh]

Also regarding full time jobs, Can I show something like this?

Employee 1 - full time for 12 months
Employee 2 - full time for 8 months
Employee 3 - Part time for 4 months and full time for 4 months

Is this valid?

[zimba]

You need to a have a part-time position that lasted for 12 months and you can combine this with another part-time job position that lasted 12 months. If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.


When you say I can temporarily extend my visa, how can that be done? What sort of application do I need to submit for that?

Thank you so much for your help.

For now, there is only one place where you do this. https://gov.smartwebportal.co.uk/homeof ... _form.html
UKVI will extend your leave if you request via this link. Watch the link as the deadline may change again in the future

Also regarding full time jobs, Can I show something like this?

Employee 1 - full time for 12 months
Employee 2 - full time for 8 months
Employee 3 - Part time for 4 months and full time for 4 months

Is this valid?

Yes, that is good. You can combine as many full-time positions to make up 24 months (COVID exemption)

[koonjparekh]

Hello,

Thanks for the clarification, appreciate that.

1 more question, one of my employee who has been working with me for the past 4 years was on Furlough for 4 months. He will be back to work from 1st of August. So will the home office count these 4 months in their 12 months employment period?

[CR001]

https://www.gov.uk/guidance/coronavirus ... -residents

If you’re on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.

These arrangements will continue for applications made after 31 May 2020, where the jobs you’re relying on were disrupted due to coronavirus.

[koonjparekh]

Thanks CR001, appreciate your help.

Sorry to be a pain but just one more question. Can I use the months as follows:

Employee 1 :
Dec 2019 to Mar 2020 - 4 months
Apr 2020 to Jul 2020 - Furloughed period which won't be count
Aug 2020 to Mar 2021 - 8 months

Employee 2 :
Apr 2020 to Mar 2021 - 12 months

Thank you so much for all your help.

[zimba]

Yes you can