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ILR to Citizenship (Previously from Tier 1 Entrepreneur)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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LexJag
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ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Mon Oct 12, 2020 9:23 pm

Hello Good People,

Hope you all are keeping well and safe.

I've spent 4 hours researching this website for information and can't seem to find the answers to the below questions. So, I decided to post a new topic.

My Circumstance:
2014 granted Tier 1 Entrepreneur Visa
2018 granted Tier 1 Entrepreneur Visa Extension
2019 granted ILR
January 2021 looking to apply for Citizenship

Current Business Situation:
I'm am the only Director of the Limited Company
I Have only 1 company (which i opened i order to apply for Tier1 Entrepreneur) and still work under it.
I do not work elsewhere or obtain any income outside my business.
I take £700 every month under PAYE scheme from my business. A Payslip is issued for this purpose and RTI sent to HMRC. Taking this amount means Zero tax.
The Business is still active, however, I'm currently on furlough.

My Questions:
According to the Guidelines: https://assets.publishing.service.gov.u ... uly_20.pdf
Page 40 shows for evidence to provide:
Self-employed applicants
'If you do not pay tax through Pay As You Earn (PAYE) arrangements, we require the most recent HM Revenue & Customs Self-Assessment Statement of Account'

1. Does this apply to me? Would i need to supply HO with Self-Assessment Statement of Account since i receive £700 in salary via PAYE from my business?

2. As the furlough scheme is coming to an end, is it safe for me to apply for Universal Credit. (Please bear in mind that i have a spouse that will be eligible to apply for ILR in December 2020).

3. If I apply for UC will it ruin my spouse chances of getting their ILR?

4. I've just applied for child benefit for my kids, will this affect my Citizenship application?

5. As the COVID-9 situation is becoming more difficult to combat and the adverse impact on the economy, is it safe to close down my business and still apply for Citizenship?

6. Is it better for my spouse to apply for ILR at the same time as i apply for Citizenship in January 2021? Or is it better for my spouse to wait until i get Citizen before they apply for ILR or will they then be eligible to apply for Citizenship?

My sincere apologies if any of the above questions have been answered. I don't mean to break any rules or offend anyone. Please kindly respond to my questions.

Many thanks and keep safe.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Mon Oct 12, 2020 9:25 pm

1) No
2) Yes
3) No
4) No
5) No effect
6) Irrelevant.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Mon Oct 12, 2020 9:37 pm

2/3) I just got to know that UC is applied on joint names. Wait for someone to clarify this point.
If your partner is a person subject to immigration control you must claim Universal Credit as a single person. However your partner's income and capital is taken into account.
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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Mon Oct 12, 2020 10:10 pm

CULLINAN wrote:
Mon Oct 12, 2020 9:25 pm
1) No
2) Yes
3) No
4) No
5) No effect
6) Irrelevant.
Many thanks for your swift response. Much appreciated.

You've indicated 'Irrelevant' as your response to my question 6. Is it possible to respond to the question in its own right?

Also, whilst going through this guidelines for my spouse's settlement (ILR):
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

I discovered this:

When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds


My Question:
I'm currently claiming child benefit (Less than 3 months), having received ILR last year. Does this mean that claiming child benefit has now jeopardised my spouse's chance of settling in the UK? Please note that my spouse is due to apply to settle in the UK via the 'dependant of tier 1 entrepreneur visa' route.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Mon Oct 12, 2020 10:13 pm

As long the child benefits are in your name, your spouse has no issues.
Also, you applying for BC before or after she gets ILR is irrelevant.
Once she gets ILR AND you are British, she can apply for BC right away without waiting 1 year on her ILR.
She will apply as a PBS dependent on SET(O).
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Mon Oct 12, 2020 10:16 pm

CULLINAN wrote:
Mon Oct 12, 2020 10:13 pm
As long the child benefits are in your name, your spouse has no issues.
Also, you applying for BC before or after she gets ILR is irrelevant.
Once she gets ILR AND you are British, she can apply for BC right away without waiting 1 year on her ILR.
She will apply as a PBS dependent on SET(O).
Much appreciated.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Mon Oct 12, 2020 10:19 pm

You can apply for British Citizenship and she can apply for ILR at the same time if your timelines coincide. No issues. Earliest she can apply is when she completes 5 years minus 28 days counting from initial visa issue date and latest before current visa expiry.
Earliest you can apply for BC is at least 1 year after ILR was granted.
You on settled status or British is irrelevant for her case.
Hope I have answered (6) in its own right now :wink:
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Mon Oct 12, 2020 11:57 pm

CULLINAN wrote:
Mon Oct 12, 2020 10:19 pm
You can apply for British Citizenship and she can apply for ILR at the same time if your timelines coincide. No issues. Earliest she can apply is when she completes 5 years minus 28 days counting from initial visa issue date and latest before current visa expiry.
Earliest you can apply for BC is at least 1 year after ILR was granted.
You on settled status or British is irrelevant for her case.
Hope I have answered (6) in its own right now :wink:
Ok. Great thanks.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Tue Oct 13, 2020 12:01 am

I've just come accross this on the Application form for naturalisation as a British Citizen.

Proof of living in the UK for 5 years if applying in your own right


My Question:
What type of documents would i need to demonstrate that I've lived in the UK for 5 years?

PS: I haven't travelled anywhere since Nov 2015 (Holiday 2 weeks).

Thanks in advance.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Tue Oct 13, 2020 12:02 am

Passport(s) stamps only during the qualifying period of 5 years. If you apply in Jan 2021, your qualifying period will be Jan 2016-Jan 2021. I would provide the stamp for your last entry in UK from Nov 2015 and passport(s) covering the following period till Jan 2021.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Tue Oct 13, 2020 12:08 am

However, in your case, in the online form you are required to list absences for the last 5 years. You will declare NIL. But your Nov 2015 stamp will prove you entered UK but never left again during your qualifying period so that will cover Jan 16- Jan 21. No other documents needed. I would advise you to scan Nov 2015 stamp and full passport(s) - bio page including the blank pages covering following period till Jan 2021.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Tue Oct 13, 2020 8:23 am

A huge THANKS! to Cullinan for the swift response. Very much appreciated.

All night i did further research on this topic: Documentary evidence of continuous residence in the UK
and this is what i found below:

https://www.gov.uk/government/publicati ... k#contents

I hope this helps anyone in same situation.

Table 1: preferred evidence.
Table 2: alternative evidence.
Table 3: unacceptable evidence.

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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CR001 » Tue Oct 13, 2020 9:28 am

Swtqtnel wrote:
Tue Oct 13, 2020 8:23 am
A huge THANKS! to Cullinan for the swift response. Very much appreciated.

All night i did further research on this topic: Documentary evidence of continuous residence in the UK
and this is what i found below:

https://www.gov.uk/government/publicati ... k#contents

I hope this helps anyone in same situation.

Table 1: preferred evidence.
Table 2: alternative evidence.
Table 3: unacceptable evidence.
Why are reading and posting a document link that has absolutely NO relevance to your immigration route? The link you posted is ONLY relevant to EU settlement scheme applicants, or EU citizens and their family. It is NOT relevant to your route to ilr at all!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Tue Oct 13, 2020 9:41 am

CR001 wrote:
Tue Oct 13, 2020 9:28 am
Swtqtnel wrote:
Tue Oct 13, 2020 8:23 am
A huge THANKS! to Cullinan for the swift response. Very much appreciated.

All night i did further research on this topic: Documentary evidence of continuous residence in the UK
and this is what i found below:

https://www.gov.uk/government/publicati ... k#contents

I hope this helps anyone in same situation.

Table 1: preferred evidence.
Table 2: alternative evidence.
Table 3: unacceptable evidence.
Why are reading and posting a document link that has absolutely NO relevance to your immigration route? The link you posted is ONLY relevant to EU settlement scheme applicants, or EU citizens and their family. It is NOT relevant to your route to ilr at all!!
CR001 I'm not sure why you're this annoyed. My Topic says: ILR to Citizenship (Previously from Tier 1 Entrepreneur)...I raised several questions under this topic and Cullinan responded graciously. Why haven't you taken the time to read through the thread before commenting on my little contribution?

If you had taken the time to read through...you will see that my route is ILR to Citizenship and my spouse route is Tier 1 dependant to ILR. Your comments are very upsetting and unnecessary.

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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by Capri » Tue Oct 13, 2020 12:56 pm

CULLINAN wrote:
Mon Oct 12, 2020 10:19 pm
You can apply for British Citizenship and she can apply for ILR at the same time if your timelines coincide. No issues. Earliest she can apply is when she completes 5 years minus 28 days counting from initial visa issue date and latest before current visa expiry.
Earliest you can apply for BC is at least 1 year after ILR was granted.
You on settled status or British is irrelevant for her case.
Hope I have answered (6) in its own right now :wink:
you are genius CULLINAN :)
“If there is a good will, there is great way.” :D

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Sun Oct 25, 2020 9:05 pm

Hey everyone,

I got ILR 2019
I've got an MSc Degree achieved in the UK IN 2012.
I used my MSc Degree to prove my Knowledge of the English language during my ILR application.

A burning and confusing question here:

Knowledge of the English language
Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013?

Applicants who applied for, and obtained, settlement on or after the 28th October 2013 using an English language qualification at level B1 or above can use this as evidence of their knowledge of English language. However if this qualification was not used and accepted for their settlement application, it cannot be used for this application.

Now for this citizenship application, do I respond Yes or No here?


Thanks in advance.

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Sun Oct 25, 2020 9:16 pm

Yes. Also attach the degree with the documents.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Sun Oct 25, 2020 9:33 pm

Many many many thanks.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Sun Oct 25, 2020 9:47 pm

I'm on the Employment History section, I can't really remember the dates or the employer's address. How has anyone tackled this section?

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Sun Oct 25, 2020 9:48 pm

Swtqtnel wrote:
Sun Oct 25, 2020 9:47 pm
I'm on the Employment History section, I can't really remember the dates or the employer's address. How has anyone tackled this section?
Employer’s address can be googled. Dates can be estimates if exact not known. Clarify in the cover letter if need be.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Sun Oct 25, 2020 9:58 pm

CULLINAN wrote:
Sun Oct 25, 2020 9:48 pm
Swtqtnel wrote:
Sun Oct 25, 2020 9:47 pm
I'm on the Employment History section, I can't really remember the dates or the employer's address. How has anyone tackled this section?
Employer’s address can be googled. Dates can be estimates if exact not known. Clarify in the cover letter if need be.
Ok. Thanks. What if I've got gaps in my employment history, how do I go about this?

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CULLINAN
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Sun Oct 25, 2020 10:00 pm

Swtqtnel wrote:
Sun Oct 25, 2020 9:58 pm
CULLINAN wrote:
Sun Oct 25, 2020 9:48 pm
Swtqtnel wrote:
Sun Oct 25, 2020 9:47 pm
I'm on the Employment History section, I can't really remember the dates or the employer's address. How has anyone tackled this section?
Employer’s address can be googled. Dates can be estimates if exact not known. Clarify in the cover letter if need be.
Ok. Thanks. What if I've got gaps in my employment history, how do I go about this?
Employment is not necessary for AN application. One could even be unemployed for last 10 years. However, you have to mention (if any) employment in UK for last 10 years. Gaps are irrelevant.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Sun Oct 25, 2020 10:04 pm

Thanks for helping me out on this.

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LexJag
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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by LexJag » Mon Oct 26, 2020 11:59 am

Hey Guys,

I'm stuck here...

Became Director of my Business for the sake if Tier 1 Entrepreneur on 28/10/2013
Got on Payroll in my business on 10/09/2018 - Job Title was Customer Service Advisor
HMRC employment history start date shows 10/09/2018

Question:

1. What date do I fill in the employment history of the form for this?
2. Should Job Title be Director or Customer Service on the application form?

Many thanks for your help.

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Re: ILR to Citizenship (Previously from Tier 1 Entrepreneur)

Post by CULLINAN » Mon Oct 26, 2020 12:49 pm

Provide two entries, one as a director and one as an employee.
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