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Set (O) Form Section 5

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ukbusiness2016
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Tier 1 Entrepreneur to ILR

Post by ukbusiness2016 » Tue Jan 16, 2018 9:40 am

Hello,

I am going to make an application for ILR after completing 5 years on the Tier 1 Entrepreneur visa later this year. Although I have read the policy guidance etc there are a few questions I would really appreciate some help with.

1. As part of my extension application I showed proof of funds being invested (£200k) - Do I need to submit a new set of accounts with my ILR application?

2. Do I need to show anything in terms of documentation beyond the following:
- UK based company
- Directorship and Shareholding Pattern (CAR - dated within 3 months)
- Proof of Employment
- Maintenance Funds
- English Language requirement

3. Anything other than the SET(O) form that needs to be filled?

Thank you very much.

seasky
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Re: Tier 1 Entrepreneur to ILR

Post by seasky » Tue Jan 16, 2018 9:49 am

Life in UK test

No need for maintenance

No need for proof of investment (only relevant for those applying ILR after 3 years as this is their first opportunity to do so)

ukbusiness2016
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Re: Tier 1 Entrepreneur to ILR

Post by ukbusiness2016 » Tue Jan 16, 2018 9:59 am

Thank you so much!

kingraja
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Re: Tier 1 Entrepreneur to ILR

Post by kingraja » Tue Jan 16, 2018 10:18 am

Which English test you provided in your last application? It is depend on test otherwise you have to retake the ukvi approved test again.
rajathegreat

seasky
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Re: Tier 1 Entrepreneur to ILR

Post by seasky » Tue Jan 16, 2018 10:30 am

Also english has been established in your original application and extension so not sure you need it. But better get info from others.

and you write in forms "XXXXX established in original application" etc

ukbusiness2016
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Re: Tier 1 Entrepreneur to ILR

Post by ukbusiness2016 » Tue Jan 16, 2018 10:40 am

kingraja wrote:
Tue Jan 16, 2018 10:18 am
Which English test you provided in your last application? It is depend on test otherwise you have to retake the ukvi approved test again.
I didnt provide anything during my extension application as I already submitted a university degree with my initial application.

seasky
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Re: Tier 1 Entrepreneur to ILR

Post by seasky » Tue Jan 16, 2018 12:11 pm

Always make things clear in Covering Letter. "My English qualifications were proven in my initial T1 entrepreneur application based on my university degree: details"

ukbusiness2016
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Set (O) Form Section 5

Post by ukbusiness2016 » Thu Jan 18, 2018 5:14 pm

Hello,

I am applying for my ILR from Tier 1 Entrepreneur status. I have the following questions, would appreciate some help.

1. Do I need to complete Section 5?
2. If yes, what would my answer to Q5.3 be? (are you working in the UK? If so what is your pay each month after income tax and other deductions)

I am only running my business and as it stands I do not pay myself a salary.

3. Q5.6 states - You must complete all 5 boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (your employer will be able to provide you with these details).

Am I right in assuming I am not required to fill this?

4. Q5.7 Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.6 that you and your partner are relying on to maintain you and any dependants adequately.

Thank you.

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Re: Set (O) Form Section 5

Post by CR001 » Thu Jan 18, 2018 5:18 pm

Kindly keep all your questions on the same application in ONE topic. Multiple Topics/Posts - Topics Merged (click)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ukbusiness2016
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Re: Set (O) Form Section 5

Post by ukbusiness2016 » Thu Jan 18, 2018 5:20 pm

CR001 wrote:
Thu Jan 18, 2018 5:18 pm
Kindly keep all your questions on the same application in ONE topic. Multiple Topics/Posts - Topics Merged (click)
Hi,

I did create a new topic, not sure how stuff from my previous post came here. I specifically created a new topic under a new title.

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Re: Set (O) Form Section 5

Post by CR001 » Thu Jan 18, 2018 5:22 pm

ukbusiness2016 wrote:
Thu Jan 18, 2018 5:20 pm
Hi,

I did create a new topic, not sure how stuff from my previous post came here. I specifically created a new topic under a new title.
Do not start a new topic with each question you have on the same application, hence the link I have provided regarding multiple posts - read it.

I have MERGED your topics.
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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Re: Set (O) Form Section 5

Post by fatguyslim » Sun May 06, 2018 4:31 pm

ukbusiness2016 wrote:
Thu Jan 18, 2018 5:14 pm
Hello,

I am applying for my ILR from Tier 1 Entrepreneur status. I have the following questions, would appreciate some help.

1. Do I need to complete Section 5?
2. If yes, what would my answer to Q5.3 be? (are you working in the UK? If so what is your pay each month after income tax and other deductions)

I am only running my business and as it stands I do not pay myself a salary.

3. Q5.6 states - You must complete all 5 boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (your employer will be able to provide you with these details).

Am I right in assuming I am not required to fill this?

4. Q5.7 Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.6 that you and your partner are relying on to maintain you and any dependants adequately.

Thank you.
Would like to know the answer to his question please? Do we have to complete Section 5 of Set (o) form if we are applying 5 year Tier 1 Entrepreneur?

ukbusiness2016
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Employment for Tier 1 Entrepreneur

Post by ukbusiness2016 » Thu Jun 14, 2018 12:20 pm

Hello,

I shall by applying for my ILR next month under Tier 1 Ent 5 year route. I received my Tier 1 Entrepreneur Initial application approval letter dated 18/07/2013 however my biometric card 'Issue Date' says 02/08/2013.
My extension application was approved and the biometric card Issue Date is 19/08/2016.

1. Am I correct in assuming I qualify to apply for my ILR from 05/07/2018 onwards?
2. I have had ongoing employment since 2013 however I had a short break from November 2016 - Feb 2017. I wish to submit employment post Feb 2017 only to avoid confusion.

Employee 1: 01 March 2017 - 30 June 2017 (Part time - 4 months)
Employee 2: 01 March 2017 - 31 August 2017 (Full time - 6 months)
(He took up a job elsewhere but was unhappy and returned to my business again)
01 Jan 2018 - ongoing (Full time - 7 months in July)
Employee 3: 01 August 2017 - ongoing (Full time - 12 months in July)
Employee 4: 01 Sept 2017 - ongoing (Full time - 11 months in July)

Since I am pre April 2014 and can make use of the transitional arrangements, I believe there should be no problems? Should I include my part time employee at all?

All my employees are British nationals.

3. I was away from November 2017 - Jan 2018 for personal reasons and handed over my payroll to someone else to manage. However they had made some mistakes so I had to restore to an old date and rectify it due to which a few submissions (from November to Jan) all show up as being made on the same date in the FPS submission list. Is this going to be a problem?

4. Since the Basic PAYE software does not issue payslips I make them on Excel and email them to my employees. Can I just submit these with my application?

Thank you.

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Re: Employment for Tier 1 Entrepreneur

Post by marcnath » Thu Jun 14, 2018 3:51 pm

ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
I shall by applying for my ILR next month under Tier 1 Ent 5 year route. I received my Tier 1 Entrepreneur Initial application approval letter dated 18/07/2013 however my biometric card 'Issue Date' says 02/08/2013.
My extension application was approved and the biometric card Issue Date is 19/08/2016.

1. Am I correct in assuming I qualify to apply for my ILR from 05/07/2018 onwards?
You qualify for ILR on 17/7/2018 and can apply 28 days before that, so sometime after next week.
I am assuming the initial BRP validity was until 17/7/2016.

ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
2. I have had ongoing employment since 2013 however I had a short break from November 2016 - Feb 2017. I wish to submit employment post Feb 2017 only to avoid confusion.

Employee 1: 01 March 2017 - 30 June 2017 (Part time - 4 months)
Employee 2: 01 March 2017 - 31 August 2017 (Full time - 6 months)
(He took up a job elsewhere but was unhappy and returned to my business again)
01 Jan 2018 - ongoing (Full time - 7 months in July)
Employee 3: 01 August 2017 - ongoing (Full time - 12 months in July)
Employee 4: 01 Sept 2017 - ongoing (Full time - 11 months in July)

Since I am pre April 2014 and can make use of the transitional arrangements, I believe there should be no problems? Should I include my part time employee at all?
You are correct - you can stick with the FT jobs.
ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
3. I was away from November 2017 - Jan 2018 for personal reasons and handed over my payroll to someone else to manage. However they had made some mistakes so I had to restore to an old date and rectify it due to which a few submissions (from November to Jan) all show up as being made on the same date in the FPS submission list. Is this going to be a problem?
No.
ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
4. Since the Basic PAYE software does not issue payslips I make them on Excel and email them to my employees. Can I just submit these with my application?
Yes
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.

ukbusiness2016
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Re: Set (O) Form Section 5

Post by ukbusiness2016 » Thu Jun 14, 2018 4:43 pm

Hi, yes my initial BRP was valid till 18/07/2016.
I have a letter dated 18/07/2013 confirming my application was approved. So can I use this as my qualifying date as opposed to 02/08/2013 although the BRP card was issued on 02/08/2013? I am a bit confused about this.

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Re: Set (O) Form Section 5

Post by Zimba » Thu Jun 14, 2018 11:27 pm

ukbusiness2016 wrote:
Thu Jun 14, 2018 4:43 pm
Hi, yes my initial BRP was valid till 18/07/2016.
I have a letter dated 18/07/2013 confirming my application was approved. So can I use this as my qualifying date as opposed to 02/08/2013 although the BRP card was issued on 02/08/2013? I am a bit confused about this.
BRP issue date is not relevant, use the approval date
Advice is given based on my personal research and experience only. Do NOT contact me via private messages for advice

ukbusiness2016
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Employment for Tier 1 Entrepreneur

Post by ukbusiness2016 » Thu Jun 14, 2018 11:38 pm

Hi Zimba,

Thanks for the response.
Sorry if I sound pedantic, but is there anyone who has used the approval date and been successful?
Would appreciate some response as ideally I would qualify in 5 days. Thanks!

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Re: Employment for Tier 1 Entrepreneur

Post by Zimba » Fri Jun 15, 2018 12:45 am

ukbusiness2016 wrote:
Thu Jun 14, 2018 11:38 pm
Hi Zimba,

Thanks for the response.
Sorry if I sound pedantic, but is there anyone who has used the approval date and been successful?
Would appreciate some response as ideally I would qualify in 5 days. Thanks!
So if someone loses a BRP and gets a new BRP what do you think the issue date will be on the card ?? Will that make him/her lose years of residency ?? :?
Advice is given based on my personal research and experience only. Do NOT contact me via private messages for advice

ukbusiness2016
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Re: Set (O) Form Section 5

Post by ukbusiness2016 » Fri Jun 15, 2018 12:46 am

Haha excellent point! Thank you for putting me at ease there Zimba! Really appreciate your help!

ukbusiness2016
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Tier 1 Entrepreneur to ILR Document List

Post by ukbusiness2016 » Tue Jun 19, 2018 11:36 pm

Hello,

I shall be applying for my ILR soon and below is the list of documents I am sending. Please let me know if I have missed out on something. Thank you.

1. Passport x2 (my previous passport has my student visa and PSW)
2. Biometric Residence Permit
3. Photograph x2 (name on the back)
4. Application Form (I will be applying online)
5. LIUK Certificate
6. Degree Certificate

Employment Documents

1. Identification for employees (passport copies)
2. Employee Payment Record (for each valid financial year)
3. Employee Year to Date Summary (for each valid financial year)
4. FPS Submissions (only for the relevant period to avoid excessive paperwork)
5. Payslips
6. P45 where necessary

(I am only including 2 & 3 because I did so during my extension application)

Business Activity

1. CAR from Companies House
2. CT41G
3. Business Bank Statements
4. Certificate of Change of Company Name (CT41G etc are on the old business name, I provided this with the extension)

Personal Finance

1. Bank Statements (recent 90 days)

I do have a few questions with regards to the above.

1. Do I need to provide photocopies of all of the documents listed above?
2. Is it alright if I do not have P46 documents to submit?
3. Does the CT41G have to be an original? I used a photocopy during my extension application.
4. Can I use some of the documents that I sent for my extension application since they remain unchanged? Such as the CT41G and Employee Passport copies etc?

Thank you

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