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My upcoming ILR Application

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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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Tue Jan 12, 2021 11:20 pm

Dear Cullinan,

Sorry, I ended up highlighting all paragraphs in Yellow. I hope i dont confuse you.

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Tue Jan 12, 2021 11:32 pm

Basically your answer has to satisfy the CW that your employees are genuine.

If your employees have a lot of spare time why would you pay them for spare time?

The minimum an employee has to be employed is 30 hours/week.

You said you have a few clients.

You know best your work load. Does your work load justify keeping two employees for 30 hours/week?

Why could not the same job be done by 1 employee only? These are the questions CW will be looking an answer for.

The sorting of invoices and data keying in has to be realistic with the number of hours they are working. If your business work load justifies that, no issues then.

What did you provide for them in their job descriptions to HO?
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Wed Jan 13, 2021 12:17 am

CULLINAN wrote:
Tue Jan 12, 2021 11:32 pm
Basically your answer has to satisfy the CW that your employees are genuine.

If your employees have a lot of spare time why would you pay them for spare time?
Ben: What I meant is we recruited them at a minimum wage rate for 30 hours per week in order to satisfy the rules. Of course after negotiation, they agreed at the minimum wage rate. We were also trying hard to source for additional biz as we have spare capacity. In fact we have a few referrals, but we couldn't reach consensus regarding the proposed fees, so the deals are off. So things are difficult and it does not mean we recruited unnecessary man power for nothing. We are on standby with spare capacity, but new biz just didn't come in in time.

The minimum an employee has to be employed is 30 hours/week.

You said you have a few clients.

You know best your work load. Does your work load justify keeping two employees for 30 hours/week?
Ben: First of all, I have to satisfy the Tier-1 rules, my strategy is to recruit first and try our best to source additional biz to generate additional income to pay for the wages. On the hand, it is not right to wait for the new biz, then recruit staff, and if you dont get enough biz, you may end up not satisfying Tier 1 rules .

Why could not the same job be done by 1 employee only? These are the questions CW will be looking an answer for. (Ben: Thank you for your comment. I will take note of this. Of course under the ideal scenario, you may be correct. But this is real life, I also need to prepare for new biz coming in....By the way, i may need to prove that I have a few biz appointments. We were being contacted and have negotiated about the fees but subsequently the deal is off because of disagreement in fees.)

The sorting of invoices and data keying in has to be realistic with the number of hours they are working. If your business work load justifies that, no issues then. (Ben: Honestly speaking, i still think staff have spare times. I will try to justify)

What did you provide for them in their job descriptions to HO?
Ben:
This is what I furnish to HO:

Creation of two jobs positions and jobs descriptions
The business has created 2 jobs positions of "Admin and Book keeping Assistant". The first job position was created on 16/10/2017 when it first employed AA, and the second job position was created on 1/11/2017 when BB was recruited. Both are employed on a full time basis and worked for at least 130 hours a month since then.

The roles of the two staff are similar. They are responsible for administrative matters such as sorting and filing of invoices before the data keying in process. In addition , staff are also involved in the preparation of schedules, such as salary schedule, fixed assets schedule, etc, for accounting and tax purposes, to check emails and download documents , to collect and deliver documents to and from clients, if necessary.


Ben:I really thank you very much for the comment thus far, it helps me prepare for the potential questions that HO will ask.

I have try my best to clarify the doubts you may have so that i could get the most valuable advice from you.

Hope to hear more queries from you.

Thank you.

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 13, 2021 12:34 am

I agree with you. Practical business decisions are personal in nature and CW can not question that. However, you still have to provide documents what he/she asked for. If not, you should be able to justify your decisions with a reasonable logical explanation.

At this stage, as I said previously, best is to stick to the specific questions requested by CW and provide to the point information.

Your answers should be logical and reasonable. I would recommend not to self-doubt at this stage. Self-doubt will result in unnecessary justifications which could make things worse.

I would suggest to be confident and hope for the best. As long your business is genuine and you have reasons to justify your business decisions, you have nothing to worry.

Unfortunately there is no right or wrong answer. It is purely CW’s discretion how he/she interprets your answers.

I have kind of given you a brief understanding of what CW maybe looking for. I believe you. You have to convince CW also.

Good luck and hope you get an approval soon.
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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 13, 2021 12:36 am

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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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 13, 2021 12:44 am

My own personal experience:

uk-tier-1-entrepreneur-visas/ho-visit-r ... 39391.html

Might give you some insight to prepare for yourself. But I hope it does not come to interview anyways.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Wed Jan 13, 2021 8:37 pm

Dear Cullinan,

Your advice and the above reference link has provided enormous information as to how I should get prepared with.

I think I met all of them except how I handled employees as stated earlier. I will tell them honestly the way I handled employees based on the scenario i have.

I have a question about full time employee. Working 30 hours per week is considered full time. So total number of hours for a month is 30hours x 4 weeks= 120 hours. But why all these while, I have been told that the staff under Tier 1 has to work on a full time basis for at least 130 hours per month?

Please clarify.

Thank you.

Regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 13, 2021 8:47 pm

Not all months have 4 weeks.

12 months have 52 weeks.

The requirement is 30 hours/week.

Total 30*52= 1560 hours/year

i.e. 130 hours/month
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Wed Jan 13, 2021 8:55 pm

Dear Cullinan,

I see.
I asked because the contract of employment stated 30 hour-week. But the salary payment is on a monthly basis based on 130 hours per month. So I hope I am not contradicting each other.

Thanks

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 13, 2021 9:05 pm

It is fine. This is how it is if you pay on monthly basis.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Sat Jan 16, 2021 8:06 pm

Dear Cullinan,

Thank you for your clarification on the 130 hours per month.

I registered my UTR in May2016 and my first biz came in around November 2017. Since HO wants to carry out the Genuine Test on my business and ask for examples of business invoices and samples of work done, I suppose I can give them any documents dated between Nov2017 and 14/12/2020 (the date I submitted my application. Is my understanding correct ?

Thank you.

Regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Sat Jan 16, 2021 8:09 pm

Do you have any other option? Yes, you will have to provide invoices dated as it is. Do not worry about no business previously. A few invoices would do I guess, ideally after extension.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Sat Jan 16, 2021 8:51 pm

Dear Cullinan,

Yes, I prepared the combinations of documents (purchase invoice and sale invoice) dated both before and after the extension, with more weighting (90% after extension: 10% before extension) given to documents dated after the extension.

For all engagement letters signed between customers and us, and professional clearance replied by another professional firm, they are all dated before extension. As we got all those biz before extension.

For bank statements, they are all after extension and I cross referenced back to the sales invoices and the purchase invoices, if possible.

For examples of work undertaken by the biz, I will furnish CT600, SA100 and quarterly VAT submissions, all dated after the extension.

For work undertaken by employees, i will furnish the working papers and various summaries prepared by them (signed off by them), all dated after extension.

Regarding the employee work related correspondence, I will justify based on the facts and the way i supervised the employees due to the nature of their work....something which is not too much and too less, and straight to the point.....Your point is taken!

Please comment on the above.

Thank you.

Regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Sat Jan 16, 2021 9:02 pm

Looks good to me. I would advise you to send the documents as soon as possible. It gives a good impression to the CW.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Sat Jan 16, 2021 9:05 pm

Dear Cullinan,

Just for your information.

As the file sizes of all the documents are too big, I have split into 3 emails.
I have already emailed 2 emails yesterday. Later, i will send email 3 of 3.

Thanks for your help.

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Sat Jan 16, 2021 9:06 pm

👍 Good luck.. hope to hear your approval this coming week.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Tue Jan 19, 2021 10:10 pm

Dear Cullinan,

I received HO queries on 12/1/2021 and replied all the queries by 17/1/2021.

These few days, I have been thinking on one of the following questions (Qn4 & 9) that is ambiguous and kind of duplicated:

1.Business bank statements showing expenditure for business and incoming payments from clients
2.Evidence of clients including invoices, correspondence, agreements and contracts for services provided
3.Evidence of purchases for the business
4.Evidence of advertising for your business
5.Website address of your business – if you do not have a website please give reasons why.
6.Snapshots of other social media advertising your business
7.Evidence showing examples of work undertaken by your business
8.Evidence showing examples of work undertaken by employees
9.Evidence of advertising
10.Address of where you work from.
11.Photos of the work space.
12.Address where your employees work from.
13.Evidence showing work related correspondence with employees.

I have responded to all the above questions except Qn 9.

For Qn 9, I replied "please refer to my replies under Qn4 above" and for Qn 4, I attached the shopfront business advertising photos/ leaflets/ name cards.

Could you comment on the above?

Thank you.

Kind regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Tue Jan 19, 2021 10:28 pm

There are plenty of examples where CW’s have copy pasted generic lists in email. Some things did not even apply to the applicants. Do not worry about the repetition. I believe you have provided the CW enough already. Hope for the best.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Tue Jan 19, 2021 10:45 pm

Dear Cullinan,

I am indeed a bit worry but after you have clarified, I felt much better.

My thought at first glance is "evidence of advertising" is meant for advertising of my business and I just felt weird as why they posted repeated Qn.
However, it is not until yesterday, the second thought come to my mind, could they be asking for evidence of advertising for jobs ? since HO put this question right after "evidence of work of employees". If Yes and I do not reply, would I be penalised for not responding?

Thank you.

Regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Tue Jan 19, 2021 11:02 pm

It did not really clarify if they wanted evidence for job advertisements but could be. They do ask this question in the interview though. If you are really worried, you can simply send one more email and provide advertisement for jobs (if you have obviously) for your peace of mind.
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Re: My upcoming ILR Application

Post by CULLINAN » Wed Jan 20, 2021 1:56 am

CULLINAN wrote:
Tue Jan 19, 2021 11:02 pm
It did not really clarify if they wanted evidence for job advertisements but could be. They do ask this question in the interview though. If you are really worried, you can simply send one more email and provide advertisement for jobs (if you have obviously) for your peace of mind.
CW can not penalise you for something he has not clearly requested in the email. It does not mention advertising for jobs evidence. I would suggest just stay put.
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Wed Jan 20, 2021 5:28 pm

CULLINAN wrote:
Wed Jan 20, 2021 1:56 am
CW can not penalise you for something he has not clearly requested in the email. It does not mention advertising for jobs evidence. I would suggest just stay put.
Dear Cullinan,

After reading your message yesterday, I had a deep thought and discussed with my wife on the issue. We all decided to leave it as it is and no further action is required.

I just saw your comment and It is consistent with yours.

Thank you very much.

Regards

Ben

benhuang
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Re: My upcoming ILR Application

Post by benhuang » Tue Feb 02, 2021 5:29 pm

Dear Cullinan,

Hi, A very good day to you. May i know is there any way to check the ILR status online?

Thank you.

Regards

Ben

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Re: My upcoming ILR Application

Post by CULLINAN » Tue Feb 02, 2021 5:33 pm

benhuang wrote:
Tue Feb 02, 2021 5:29 pm
Dear Cullinan,

Hi, A very good day to you. May i know is there any way to check the ILR status online?

Thank you.

Regards

Ben
Not really. You can not check the progress. You have to wait for official correspondence.

However, if your current ILR BRP is valid, you may check the RTW website and see if the status changes. Note, this does work for many but not all. Once, ILR is approved, the RTW status changes.

https://www.gov.uk/prove-right-to-work
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benhuang
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Re: My upcoming ILR Application

Post by benhuang » Tue Feb 02, 2021 5:42 pm

Dear Cullinan,

Ok noted. Thank you.

Regards

Ben

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