ILR main and dependent application Tier 1E

Thank you so much ZImba, its very clear and I really apprecaite it

zimba wrote: ↑

Wed Dec 06, 2023 4:39 pm

It means that you should not be working in the capacity of an employee for another business through your own established business entity. This arrangement is often known as the personal service company (PSC) and even specific tax rules (IR35 legislation) apply to them to prevent any NI tax avoidance. Seek legal help regarding your contracts to ensure the terms do not render your company a PSC

Dear Mods and Experts,

Im not on payroll yet and not taking any salary as company is not making any profits yet, does it has have any impact on ILR application ?

Also due to the cost contrain and cutdown on cost, I dont need two staffs as I can manage with one full andone part time, can I lay off one of my staff after completion for one year prior submission of ILR Application

Yours feedback and advise on the above is much appreciated.

Thanks

msx273 wrote: ↑

Tue Jan 30, 2024 10:40 pm

Dear Mods and Experts,

Im not on payroll yet and not taking any salary as company is not making any profits yet, does it has have any impact on ILR application ?

Also due to the cost contrain and cutdown on cost, I dont need two staffs as I can manage with one full andone part time, can I lay off one of my staff after completion for one year prior submission of ILR Application

Yours feedback and advise on the above is much appreciated.

Thanks

You do not need to be on the payroll. You also do not need to keep the employees if you already covered the requirements

Thank you so much Zimba, I really appreciate it

zimba wrote: ↑

Tue Jan 30, 2024 11:24 pm

msx273 wrote: ↑

Tue Jan 30, 2024 10:40 pm

Dear Mods and Experts,

Im not on payroll yet and not taking any salary as company is not making any profits yet, does it has have any impact on ILR application ?

Also due to the cost contrain and cutdown on cost, I dont need two staffs as I can manage with one full andone part time, can I lay off one of my staff after completion for one year prior submission of ILR Application

Yours feedback and advise on the above is much appreciated.

Thanks

You do not need to be on the payroll. You also do not need to keep the employees if you already covered the requirements

Dear Mods and Experts,

I have been given an offer from my current business permises landlord to pay rent in advance of 11 months and in return he will give one months free rent for 12th month.

I discussed this with accoutant and he said its perfectly fine but i want to check if its ok from the immigration point of view so that it should not create any issue for my ILR application.

Your suggestion is much appreciated.

msx273 wrote: ↑

Tue Feb 13, 2024 7:10 pm

Dear Mods and Experts,

I have been given an offer from my current business permises landlord to pay rent in advance of 11 months and in return he will give one months free rent for 12th month.

I discussed this with accoutant and he said its perfectly fine but i want to check if its ok from the immigration point of view so that it should not create any issue for my ILR application.

Your suggestion is much appreciated.

This has absolutely nothing to do with immigration. Renting is a civil matter and an agreement between you and the landlord.

Thank you so much Char, really apprecite it.

CR001 wrote: ↑

Tue Feb 13, 2024 7:12 pm

msx273 wrote: ↑

Tue Feb 13, 2024 7:10 pm

Dear Mods and Experts,

I have been given an offer from my current business permises landlord to pay rent in advance of 11 months and in return he will give one months free rent for 12th month.

I discussed this with accoutant and he said its perfectly fine but i want to check if its ok from the immigration point of view so that it should not create any issue for my ILR application.

Your suggestion is much appreciated.

This has absolutely nothing to do with immigration. Renting is a civil matter and an agreement between you and the landlord.

Dear Mods and Experts,

I really need your advice on the situation below,

My current company which I'm going to use claim points has minimal capital left and business is doing just below par.

1) I'm eligible to apply for ILR this year and my visa and my dependents visa is valid until mid 2025.

2) If i couldn't able to meet the requirements to apply for ILR through TIer1E , can I just apply myself to a Skill worker visa from the UK and complete 5 years and apply for ILR ?

3) Can I vary my ILR application to SWV if HO asks for any extra information which i couldnt provide as I'm planning to lay off my staff after submitting application for ILR as business is a little slow.

3) If i shift from T1E to SWV, do I have to apply for new visa for my dependents also, even if their current visa as Tier 1 Depdent is valid till mid 2025

Your feedback and advice would be highly appreciated

Yes, you can switch to the skilled worker route, I suggest to start looking at that now and avoid leaving it for the last minute. Your dependants can remain under the current visa.

Oh Zimba, thanks ever so much

I can also vary the application after applying for ILR right ?

You take care and thank you so much from bottom of my heart

zimba wrote: ↑

Wed Feb 21, 2024 1:20 pm

Yes, you can switch to the skilled worker route, I suggest to start looking at that now and avoid leaving it for the last minute. Your dependants can remain under the current visa.

msx273 wrote: ↑

Wed Feb 21, 2024 2:17 pm

Oh Zimba, thanks ever so much

I can also vary the application after applying for ILR right ?

You take care and thank you so much from bottom of my heart

zimba wrote: ↑

Wed Feb 21, 2024 1:20 pm

Yes, you can switch to the skilled worker route, I suggest to start looking at that now and avoid leaving it for the last minute. Your dependants can remain under the current visa.

Switching is the process of moving to a different visa route.
Variation means applying for a new visa application while having a pending visa application.

Exactly thats correct Zimba, after applying for ILR in the contrary if its refused or Icould not provdie the documents HO wanted I can vary the application to SWV right or reapply with 14 days of refusal

zimba wrote: ↑

Wed Feb 21, 2024 3:03 pm

msx273 wrote: ↑

Wed Feb 21, 2024 2:17 pm

Oh Zimba, thanks ever so much

I can also vary the application after applying for ILR right ?

You take care and thank you so much from bottom of my heart

zimba wrote: ↑

Wed Feb 21, 2024 1:20 pm

Yes, you can switch to the skilled worker route, I suggest to start looking at that now and avoid leaving it for the last minute. Your dependants can remain under the current visa.

Switching is the process of moving to a different visa route.
Variation means applying for a new visa application while having a pending visa application.

Correct however if you apply after refusal, your will remain an overstayer

If I apply with in 14 days will it count as overstayer ??

In swv I just need to work for one month and I can apply for ILR through super priority service right and I believe Will it be counted towards 3c

Thank you so much Zimba for enlightening, just want to have back up plan

zimba wrote: ↑

Wed Feb 21, 2024 6:14 pm

Correct however if you apply after refusal, your will remain an overstayer

msx273 wrote: ↑

Wed Feb 21, 2024 6:32 pm

If I apply with in 14 days will it count as overstayer ??

In swv I just need to work for one month and I can apply for ILR through super priority service right and I believe Will it be counted towards 3c

Thank you so much Zimba for enlightening, just want to have back up plan

zimba wrote: ↑

Wed Feb 21, 2024 6:14 pm

Correct however if you apply after refusal, your will remain an overstayer

If you have no valid visa, then yes you will become an overstayer.
What do you think the 14-day limit is ? It is based on paragraph 39E which allows an application from an overstayer to be made within 14 days of becoming an overstayer. You cannot be under section 3C if you want to apply for a new application, so section 3C ends to allow the new application to proceed.

Sorry Zimba, I think I completely misunderstood

In case of refusal , if I make a new application of SWV within 14 days , Am i still eligible to apply for ILR on the basis my previous years of time spent on T1E or Do I have to complete 5 years from the date of visa vissuance of SWV ?



Sorry again Zimba, its very sensitive and I want to be clear with all other options.

zimba wrote: ↑

Wed Feb 21, 2024 6:36 pm

msx273 wrote: ↑

Wed Feb 21, 2024 6:32 pm

If I apply with in 14 days will it count as overstayer ??

In swv I just need to work for one month and I can apply for ILR through super priority service right and I believe Will it be counted towards 3c

Thank you so much Zimba for enlightening, just want to have back up plan

zimba wrote: ↑

Wed Feb 21, 2024 6:14 pm

Correct however if you apply after refusal, your will remain an overstayer

If you have no valid visa, then yes you will become an overstayer.
What do you think the 14-day limit is ? It is based on paragraph 39E which allows an application from an overstayer to be made within 14 days of becoming an overstayer. You cannot be under section 3C if you want to apply for a new application, so section 3C ends to allow the new application to proceed.

You can apply for a new application within 14 days of becoming an overstayer. While you are awaiting, you will be an overstayer. If this application succeeds, then the period of overstaying will be disregarded under paragraph 39E of the rules. Time spent under Tier 1E counts towards ILR under skilled worker route

Thank you so much Zimba

zimba wrote: ↑

Thu Feb 22, 2024 12:29 am

You can apply for a new application within 14 days of becoming an overstayer. While you are awaiting, you will be an overstayer. If this application succeeds, then the period of overstaying will be disregarded under paragraph 39E of the rules. Time spent under Tier 1E counts towards ILR under skilled worker route

Dear Mods and Experts,

One of my staff works 30 hours per week which im going to cliam points for ILR , in calculatoin we pay around 130 hour each month, i just to understand how case worker will calcuate the hours worked, do they calculate weekly or they take the whole months from the wage slip provided.

Thanks

msx273 wrote: ↑

Mon Mar 04, 2024 6:56 pm

Dear Mods and Experts,

One of my staff works 30 hours per week which im going to cliam points for ILR , in calculatoin we pay around 130 hour each month, i just to understand how case worker will calcuate the hours worked, do they calculate weekly or they take the whole months from the wage slip provided.

Thanks

indefinite-leave-to-remain/tier-1-entre ... l#p1582575

Thank you Zimba,

zimba wrote: ↑

Tue Mar 05, 2024 12:37 am

msx273 wrote: ↑

Mon Mar 04, 2024 6:56 pm

Dear Mods and Experts,

One of my staff works 30 hours per week which im going to cliam points for ILR , in calculatoin we pay around 130 hour each month, i just to understand how case worker will calcuate the hours worked, do they calculate weekly or they take the whole months from the wage slip provided.

Thanks

indefinite-leave-to-remain/tier-1-entre ... l#p1582575

Dear Mods and Experts,

To my understand I know there is no priority of super priority service for Tier 1 Set o ILR app, but I wonder on how the below OP applied through priority service, has HO started accepting priority service ?

londoner_ » Wed Mar 06, 2024 5:54 pm

Applied for ILR Route: SET (O) Tier 1 (no dependants)
Applied via Immigration solicitor
Application Type: Priority (5 days)
Application submitted online: 16 Feb 2024
Biometrics appointment: 21 Feb 2024, Croydon 8.30AM
Additional information required: 23 Feb 2024, I responded on 26 Feb
Second Additional information required: 27 Feb 2024, I responded on 29 Feb
Approval Received: waiting
BRP Card Received: waiting

Super priority option is available: https://www.gov.uk/faster-decision-visa ... ide-the-uk

Hi Zimba

Thank you for clarification

That means tier 1 entrepreneur applying for settlement in 5 years can make use of this service?

“ Application to settle if you work, establish a business or invest in the UK (through form SET(O)) Yes Yes No”

zimba wrote: ↑

Sun Mar 10, 2024 4:27 am

Super priority option is available: https://www.gov.uk/faster-decision-visa ... ide-the-uk

I got answer “ The priority and super priority services are not available if you’re applying with a Tier 1 (Entrepreneur) visa. “

msx273 wrote: ↑

Sun Mar 10, 2024 6:48 am

Hi Zimba

Thank you for clarification

That means tier 1 entrepreneur applying for settlement in 5 years can make use of this service?

“ Application to settle if you work, establish a business or invest in the UK (through form SET(O)) Yes Yes No”

zimba wrote: ↑

Sun Mar 10, 2024 4:27 am

Super priority option is available: https://www.gov.uk/faster-decision-visa ... ide-the-uk