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Help needed for Ent to ILR (Set O)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Re: Help needed for Ent to ILR (Set O)

Post by bizman » Tue May 07, 2019 12:58 pm

This is just acknowledgement email confirming they have started processing your application. It’s received by most people
Bizman

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Re: Help needed for Ent to ILR (Set O)through

Post by CULLINAN » Tue May 07, 2019 1:02 pm

Mak9878 wrote:
Tue May 07, 2019 12:42 pm
Mak9878 wrote:
Wed May 01, 2019 11:19 am
bizman wrote:
Wed May 01, 2019 11:09 am
It can’t be true. They can’t access your documents through public means. Don’t forget that Sopria steria is working for them
Well, not sure. But he was pretty sure as he said that he did not open his Sopra Steria account after visiting them for SET LR submissio . And he got email after some time about accessing of account.

But even I doubt him.
Hi Tier1147,

Got a general email from UKVI stating following:

"We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible.

Our web page contains further information about our service standards and other information that you may find helpful with regard to your application.

If there is a change in your circumstances, please contact us using this link: https://www.gov.uk/change-circumstances-visa-brp

You will be notified of the outcome of your application in writing."

I hope everyone must have received it
Yes this is a normal generic email. Also, many receive monthly automated emails. In my case I only received the first email and nothing after that so dont worry if you do not receive the following monthly emails.
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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Sun May 12, 2019 10:10 am

Hi Tier1147, Aman90 and others.

One of my friend's friend has received a letter to his solicitor for interview, stating that

" We aim to solve application within Six Months but it is not going to happen in your case. We would like to interview you and date, time and event will follow in next letter"

His friend's application has been pending since more than six months on Tier 1 Entrepreneur to ILR Set (O).

Has anyone received same letter when applied on his own or through solicitor?

And if yes, did they get any 2nd letter for date, time and event? And after how long time?

Thanks

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Re: Help needed for Ent to ILR (Set O)

Post by moongesture » Sun May 12, 2019 11:20 am

Yes, quite a few people has been asked for Interview sessions at this stage and the question you might be interested in asking the concerned applicant is about the nature of the business activities he/she is engaged and way they have invested & performed in the business.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Sun May 12, 2019 11:56 am

Mak9878 wrote:
Sun May 12, 2019 10:10 am
Hi Tier1147, Aman90 and others.

One of my friend's friend has received a letter to his solicitor for interview, stating that

" We aim to solve application within Six Months but it is not going to happen in your case. We would like to interview you and date, time and event will follow in next letter"

His friend's application has been pending since more than six months on Tier 1 Entrepreneur to ILR Set (O).

Has anyone received same letter when applied on his own or through solicitor?

And if yes, did they get any 2nd letter for date, time and event? And after how long time?

Thanks
Unfortunately there is no constructive feedback on this issue so far. If you are saying so, please update this thread with what happened after your friend’s interview so other members can benefit from that also.
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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Sun May 12, 2019 11:56 am

moongesture wrote:
Sun May 12, 2019 11:20 am
Yes, quite a few people has been asked for Interview sessions at this stage and the question you might be interested in asking the concerned applicant is about the nature of the business activities he/she is engaged and way they have invested & performed in the business.
Which people?
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Re: Help needed for Ent to ILR (Set O)

Post by moongesture » Sun May 12, 2019 1:02 pm

Referring cases are “non-forum” but personal experiences from social surroundings & some who have reported here. My awareness and knowledge was shared in previous post where i described the potential areas but these are not limited as if someone has some unique issue which need to be addressed with HO they expect something otherwise.
You are correct that surprisingly people who have reported Interview call in forum are either disappeared or ignored to contribute their experiences and left people with confusion and unnecessary pressure.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Sun May 12, 2019 6:21 pm

moongesture wrote:
Sun May 12, 2019 1:02 pm
Referring cases are “non-forum” but personal experiences from social surroundings & some who have reported here. My awareness and knowledge was shared in previous post where i described the potential areas but these are not limited as if someone has some unique issue which need to be addressed with HO they expect something otherwise.
You are correct that surprisingly people who have reported Interview call in forum are either disappeared or ignored to contribute their experiences and left people with confusion and unnecessary pressure.
So if you could please ask those people in your social surroundings and update so it benefits other members also. Until then, there is uncertainty to how true this news is.
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Re: Help needed for Ent to ILR (Set O)

Post by moongesture » Sun May 12, 2019 6:57 pm

Yes I have already covered the summary in other post. What I have been shared by applicants for T1-ILR a) it’s HO Site interviews b) questions were brief about Investment, Business Operations & process, competitiveness, compliance, employment.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Sun May 12, 2019 8:06 pm

moongesture wrote:
Sun May 12, 2019 6:57 pm
Yes I have already covered the summary in other post. What I have been shared by applicants for T1-ILR a) it’s HO Site interviews b) questions were brief about Investment, Business Operations & process, competitiveness, compliance, employment.
So then they are actually interviewing some applicants.
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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Mon May 13, 2019 6:33 am

Thanks for your replies.

His friend has just received this letter around 3-4 days back, he used to run management consultancy from office during extension period and now he runs from home. He has not been interviewed in extension period.

When he will receive 2nd letter regarding time, date, and location. He will definitely update my friend about his experience.

What I can conclude from social surrounding and this forum experience that they are conducting interviews especially to those people who are either working from home or who has not been interviewed during extension.

One more thing, when you have representative then HO send the interview letter, else they contact applicant directly to visit office.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Mon May 13, 2019 12:02 pm

Mak9878 wrote:
Mon May 13, 2019 6:33 am
Thanks for your replies.

His friend has just received this letter around 3-4 days back, he used to run management consultancy from office during extension period and now he runs from home. He has not been interviewed in extension period.

When he will receive 2nd letter regarding time, date, and location. He will definitely update my friend about his experience.

What I can conclude from social surrounding and this forum experience that they are conducting interviews especially to those people who are either working from home or who has not been interviewed during extension.

One more thing, when you have representative then HO send the interview letter, else they contact applicant directly to visit office.
True. HO target especially applicants working from home to check genuineness.
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Re: Help needed for Ent to ILR (Set O)

Post by Amjadalisarobi » Mon May 13, 2019 1:26 pm

Plz share your experience after interview as your friend inform you , here two guys share the same news about interviews but as we ask the detail later they dessapear , we are here to help each other , so if you help that will be appreciated , thanks

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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Mon May 20, 2019 11:56 am

Amjadalisarobi wrote:
Mon May 13, 2019 1:26 pm
Plz share your experience after interview as your friend inform you , here two guys share the same news about interviews but as we ask the detail later they dessapear , we are here to help each other , so if you help that will be appreciated , thanks
Yes will definitely update but he has not got second letter yet about date, time and location of interview. Still waiting

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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Tue May 28, 2019 10:50 am

Hi Marcnath, Zimba, Tier1147, Aman90 and all other members,

As you all know well that my ILR Set-O applicatikn is pending and will soon apply for Mrs PBS Dependent.

My current (last in payrol) leaving employment at the end of month. And I am not planning to hire any new employees for few months due to very high expenses and business is quite slow at the moment.

While all other business documents are fine.

I am planning to move my Registered Office Address (currently at home address in seperate dedicated room) because I may be leaving the renting property due to issue with landlord over fixing in end of contract in two months.

And Furthermore, our first baby is due in September/October and in case, if not moving, then have to covert office room for baby.

Is it good idea to change Registered Office Address while ILR application is pending into Virtual office for a while?

If i change Registered Office Addresss, Do I need to inform HO by writing or email asap?

I have seen T1 Extension Refusal with breach of condition of stay without interview 322(3) when they tallied record with hmrc (link http://www.immigrationboards.com/uk-tie ... 73-20.html) regarding working few days/months after grant of initial T1 Ent visa in payroll.

I have kind of similar situation working after grant of Initial for 1.5 months in payroll (including notice period) but luckily it was not caught up in extension, i belive.

But this time I am really upset to see above case and not hoping really good this time.

I am completing 10 years in March 2020 and now thinking about gaining time and praying that application goes pending for long.

Any suggestion please. Very upset to see above case.

Thanks

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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Tue May 28, 2019 11:03 am

I have just found this on forum, copied and pasted here with relevant rules

I looked online to get some more information about this and I happened to find the following HO document. The document is about the general ground for refusal when considering leave to remain:

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

In the document, on page 31 of 64, it says, and I quote

“When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3) unless leave to enter or remain in the UK has been granted in the knowledge of a previous breach.

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:
• no recourse to public funds
• no recourse to public funds, no work or engaging in business
• no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
• restrictions on work or on place of work imposed on Tier 2 and 5 points-based system (PBS) migrants
• restrictions on work or place of study imposed on Tier 4 PBS migrants
• register with the police

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules unless discretion has previously been exercised to grant leave in the knowledge of and despite the breach concerned.”


__________________x____________x______________

I have broken one of the conditions attached to my visa but 1xtime during extension they have oversight breach.


What do you say about in light of above rule? Please suggest

Thanks

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Tue May 28, 2019 12:38 pm

Mak9878 wrote:
Tue May 28, 2019 10:50 am
Hi Marcnath, Zimba, Tier1147, Aman90 and all other members,

As you all know well that my ILR Set-O applicatikn is pending and will soon apply for Mrs PBS Dependent.

My current (last in payrol) leaving employment at the end of month. And I am not planning to hire any new employees for few months due to very high expenses and business is quite slow at the moment.

While all other business documents are fine.

I am planning to move my Registered Office Address (currently at home address in seperate dedicated room) because I may be leaving the renting property due to issue with landlord over fixing in end of contract in two months.

And Furthermore, our first baby is due in September/October and in case, if not moving, then have to covert office room for baby.

Is it good idea to change Registered Office Address while ILR application is pending into Virtual office for a while?

If i change Registered Office Addresss, Do I need to inform HO by writing or email asap?

I have seen T1 Extension Refusal with breach of condition of stay without interview 322(3) when they tallied record with hmrc (link http://www.immigrationboards.com/uk-tie ... 73-20.html) regarding working few days/months after grant of initial T1 Ent visa in payroll.

I have kind of similar situation working after grant of Initial for 1.5 months in payroll (including notice period) but luckily it was not caught up in extension, i belive.

But this time I am really upset to see above case and not hoping really good this time.

I am completing 10 years in March 2020 and now thinking about gaining time and praying that application goes pending for long.

Any suggestion please. Very upset to see above case.

Thanks
You can change your business address at any point in time depending on your business needs. Notify that to HO as soon you do it. I would recommend you write a cover letter mentioning your Case ID and send via recorded delivery.

The link you posted, OP worked over for 4/5 months so that was a clear breach of visa conditions.

However, I would assume HO might be lenient towards 1.5 months given the notice period. I know many people who were employed while on PSW and their initial Tier 1 visa took almost a year to process. One can legally work on section 3c without breaching visa conditions. I would assume there will be some leniency for notice period as one could just not walk out from the job the same day of approval letter/brp delivery in the above scenario.

Don't loose hope and stay positive.

But why did you work for 1.5 months over? Notice period is usually 1 month.
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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Tue May 28, 2019 1:09 pm

Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.


As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.

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Re: Help needed for Ent to ILR (Set O)

Post by marcnath » Tue May 28, 2019 2:00 pm

Mak9878 wrote:
Tue May 28, 2019 1:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.


As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.
It should not be a problem. While you have clearly violated the terms of your T1E visa, HO can exercise discretion and this is a case that deserves that discretion.

However, for others who may read this, there is no need to serve notice once you have changed you visa.

Your earlier visa is no longer valid once the new visa is issued and your employer has to terminate your employment once they are aware you no longer have a valid visa.

In this case, the employer could be found at fault by HO for continuing to have kept you on payroll.
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.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Tue May 28, 2019 2:03 pm

Mak9878 wrote:
Tue May 28, 2019 1:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.


As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.
I got my initial Tier 1 visa in 20 days and many did also at that time so you should not have assumed that it was a mistake when you had your approval letter, that is no excuse.

What is the date on your approval letter? What is the date on your BRP? Was your BRP issued on a later date?
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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Tue May 28, 2019 2:06 pm

marcnath wrote:
Tue May 28, 2019 2:00 pm
Mak9878 wrote:
Tue May 28, 2019 1:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.


As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.
It should not be a problem. While you have clearly violated the terms of your T1E visa, HO can exercise discretion and this is a case that deserves that discretion.

However, for others who may read this, there is no need to serve notice once you have changed you visa.

Your earlier visa is no longer valid once the new visa is issued and your employer has to terminate your employment once they are aware you no longer have a valid visa.

In this case, the employer could be found at fault by HO for continuing to have kept you on payroll.
Exactly. This is what happened with me. My employer was not aware of my PSW visa expiry. I myself told them about my Tier 1 initial approval letter and I urged them to terminate my employment right away. But still there might be an overlap of 3/4 days.
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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Tue May 28, 2019 2:25 pm

Same issue was with employer at my side.

But I could not tell him after approval letter to be frank as friends and solicitors have totally confused me that wait for BRP.
But that was fact, I was myself leaving job in May 2014 , employer was well aware about that since application submitted. But bit my mistake that i should have done it, as i was leaving job already.

Date of approval letter: 30 March
Date of BRP: 16 April
Received brp: around a week after 16 april

Lets wait and see, what happens.

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Re: Help needed for Ent to ILR (Set O)

Post by CULLINAN » Tue May 28, 2019 4:16 pm

Mak9878 wrote:
Tue May 28, 2019 2:25 pm
Same issue was with employer at my side.

But I could not tell him after approval letter to be frank as friends and solicitors have totally confused me that wait for BRP.
But that was fact, I was myself leaving job in May 2014 , employer was well aware about that since application submitted. But bit my mistake that i should have done it, as i was leaving job already.

Date of approval letter: 30 March
Date of BRP: 16 April
Received brp: around a week after 16 april

Lets wait and see, what happens.
As long as your BRP states 16th April, you are in a better position. Sometimes one does not get approval letter so you can just consider BRP date.

Had your BRP issue and approval date be same that of 30th March I think you had more problem.

As Marcnath also said, HO should use discretion in this case. Stay positive.
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Re: Help needed for Ent to ILR (Set O)

Post by Mak9878 » Sat Oct 05, 2019 2:33 pm

Hi Marcnath, Aman90, Zimba and Tier1147 (CULLINAN),

Hope you all are at best of your health.

It has been 6 months and 2 days over to my ILR application. And i have been continuously following timeline section for ILR Set-O everyday at indefinite-leave-to-remain/ilr-timeline ... 5-840.html

And I have observed that people have been getting decision just before 6 months or after just 6 months over.

As my visa expired 2 months after submitting application in start of april 2019 so could not check "prove your right to work to employer" further because it was keep resulting "BRP not valid".

I have been getting consideration email start of every month since April 2019 but I have not got any consideration email since start of october 2019.

Today Royal Mail postman tried to deliver post but i was sleeping and left card for collection from Post Office Depot. As far as i know that i have not ordered anything online that should come in post.


My question is that, does decision letter come in as signed for post or normal post?

Thanks for your time and considerations.

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Re: Help needed for Ent to ILR (Set O)

Post by bizman » Sat Oct 05, 2019 2:47 pm

It comes as signed for post. It’s likely to be your decision letter. Good luck
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