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Tier 1 E £200k route based ILR queries

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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zamanam
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Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Mar 31, 2020 12:27 pm

HI

Tier 1 E £200k route based ILR application I have couple of queries

a- investment documents are not needed if we score point at Tier 1E extension - what is the evidence that we scored points as we didn't receive any letter from HO confirming these points were granted - we indicated that we invested £248k at extension

b-SET O form asks for start date for Job and staff - we have retained the jobs we created at extension and post extension they were filled on an off but continuously for last 12 months . Are these jobs okay.

and should re write job creation as actual pre extension job creation date or date we are claiming them for?

c- For ILR do we need to show any home documents as many of these forum are discussing but in online application I can not see any such requirement

d- Can we apply for dependants and main applicants separately as dependants will complete their 5 year time after 4/5 month?
if so application is not asking anywhere re dependants - do we still need to write about dependants for later on - such as in a cover letter?

e-Do we need to upload copies for passport for 5 years as well or it will go as an original document

Thanking you in advance and hope this is the right way to ask these questions - I respect group rules but not sure if this is the best approach?

Thanks

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marcnath
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Re: Tier 1 E £200k route based ILR queries

Post by marcnath » Tue Mar 31, 2020 1:51 pm

zamanam wrote:
Tue Mar 31, 2020 12:27 pm
HI

Tier 1 E £200k route based ILR application I have couple of queries

a- investment documents are not needed if we score point at Tier 1E extension - what is the evidence that we scored points as we didn't receive any letter from HO confirming these points were granted - we indicated that we invested £248k at extension

b-SET O form asks for start date for Job and staff - we have retained the jobs we created at extension and post extension they were filled on an off but continuously for last 12 months . Are these jobs okay.

and should re write job creation as actual pre extension job creation date or date we are claiming them for?

c- For ILR do we need to show any home documents as many of these forum are discussing but in online application I can not see any such requirement

d- Can we apply for dependants and main applicants separately as dependants will complete their 5 year time after 4/5 month?
if so application is not asking anywhere re dependants - do we still need to write about dependants for later on - such as in a cover letter?

e-Do we need to upload copies for passport for 5 years as well or it will go as an original document

Thanking you in advance and hope this is the right way to ask these questions - I respect group rules but not sure if this is the best approach?

Thanks
a - the fact that your extension was approved is a clear enough evidence that you scored points for investment. That was the mandatory condition for extension approval.
b - yes. use dates that they actually started from
c - what do you mean by "home documents" ?
d - yes. you can apply any time before their visa expiry. No need to indicate that anywhere
e -copies to be uploaded
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.

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Wed Apr 01, 2020 9:14 am

Thanks Marcnath

A. Tier 1 e. Extension mean no evidence is required
C- hone documents means bills or proof of address

Thanks
A

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Wed Apr 01, 2020 1:05 pm

Thanks Marcnath

A. Tier 1 e. Extension mean no evidence is required - thanks

C- home documents means bills or proof of address

D - which is the form for ILR for dependant [b][i]without main migrant application[/i][/b] - only one I can find is below but its is for entry clearance - doesn't seems right or do we need to apply using set o form just for the dependant
https://www.gov.uk/government/collectio ... e-guidance

F- Unlike Mar 2020, English language test list dated April 2020 doesn't contain Trinity test only IELTS is allowed - do you know if this is correct?
If we are applying on 01 may and passed trinity test in Feb but it is not included in Apr list then is it fine or we need to pass ielts.

Thanks

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Thu Apr 02, 2020 7:23 pm

Can someone please respond to the post above - thanks

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marcnath
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Re: Tier 1 E £200k route based ILR queries

Post by marcnath » Thu Apr 02, 2020 7:56 pm

zamanam wrote:
Wed Apr 01, 2020 1:05 pm
Thanks Marcnath

A. Tier 1 e. Extension mean no evidence is required - thanks

C- home documents means bills or proof of address

D - which is the form for ILR for dependant without main migrant application - only one I can find is below but its is for entry clearance - doesn't seems right or do we need to apply using set o form just for the dependant
https://www.gov.uk/government/collectio ... e-guidance

F- Unlike Mar 2020, English language test list dated April 2020 doesn't contain Trinity test only IELTS is allowed - do you know if this is correct?
If we are applying on 01 may and passed trinity test in Feb but it is not included in Apr list then is it fine or we need to pass ielts.

Thanks
C - only needed when you are applying for your partner - you need to show cohabitation proof
D - Yes, SET (O)
F - If it is not included then you have to pass IELTS
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.

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Thu Apr 02, 2020 8:26 pm

Thanks a lot Marcnath, you are a star!

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Re: Tier 1 E £200k route based ILR queries

Post by sami6396 » Sat Apr 04, 2020 7:42 pm

Hi Zamanam!

F- Unlike Mar 2020, English language test list dated April 2020 doesn't contain Trinity test only IELTS is allowed - do you know if this is correct?

No, I am sure you don't need to sit in IELTS if you have taken and passed B1 level Trinity Test. The reason Trinity not listed is due to Coronavirus, all Trinity Test centres are closed.
Taking out Trinity Test would require change of rules; nothing of that sort has happened as yet.

Best of luck :)

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Mon Apr 06, 2020 2:23 pm

Hi Gurus

Per latest guidance it seems furlough workers will not be counted towards 2 jobs - I had staff in post for 11 months just last 12th months our business is closed. We are still paying staff and if we don't apply for furlough grant can these staff be counted towards ilr for month 12 for tier 1 e

Thanks

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marcnath
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Re: Tier 1 E £200k route based ILR queries

Post by marcnath » Mon Apr 06, 2020 7:46 pm

zamanam wrote:
Mon Apr 06, 2020 2:23 pm
Hi Gurus

Per latest guidance it seems furlough workers will not be counted towards 2 jobs - I had staff in post for 11 months just last 12th months our business is closed. We are still paying staff and if we don't apply for furlough grant can these staff be counted towards ilr for month 12 for tier 1 e

Thanks
That is correct, however, there are a number of other flexibility that have been given.

If you are on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months each. The 12 month period you are required to employ someone for can be made up of multiple employees across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If have not been able to employ staff for 12 months in total by the time your visa expires, you will be allowed to temporarily extend your stay to give you time to meet the requirement.
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.

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Apr 07, 2020 12:23 pm

Thanks but it doesn’t answer my question.
I know about flexibilities but temporary extension will not be free of cost ! It’s another mean money collection tactics as if visa holders and their businesses are not impacted by the Covid19.

My question was we are still paying staff and we didn’t apply for furlough grant, business is close so they are not working but paid 100% for this month as my staff agreed to take their annual holidays for a months which is per their service contract

Would these staff be counted towards ilr for this month to make total 12 for tier 1.

Thanks

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Re: Tier 1 E £200k route based ILR queries

Post by Zimba » Tue Apr 07, 2020 3:09 pm

zamanam wrote:
Tue Apr 07, 2020 12:23 pm
Thanks but it doesn’t answer my question.
I know about flexibilities but temporary extension will not be free of cost ! It’s another mean money collection tactics as if visa holders and their businesses are not impacted by the Covid19.

My question was we are still paying staff and we didn’t apply for furlough grant, business is close so they are not working but paid 100% for this month as my staff agreed to take their annual holidays for a months which is per their service contract

Would these staff be counted towards ilr for this month to make total 12 for tier 1.

Thanks
Yes they would. Why wouldn’t they !!!?
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Apr 07, 2020 4:37 pm

Thank you Marcnath

One of the lawyer said they won’t as business is closed. He said unless our business is genuinely open we can’t just pay the staff and fulfill these requirements.

government know that our business is closed as it’s a restaurant and bar - we opened it as a takeaway after couple of days but as this is a new set up for our restaurant so up till now there is no substantial sale - one or two £10 ish transactions and some days zero transactions - so I don’t know whether lawyer is right or misguided. But I can see his point

What’s your opinion

Thanks

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Apr 07, 2020 5:09 pm

Note please ignore my above query I can’t edit or delete it and find below my queries - thanks

Hi Zimba

Thank you Marcnath and Zimba

One of the lawyer said they Home office won’t as business is closed unless your business is genuinely open you can’t just pay the staff and fulfill these requirements.

They know that our business is closed as it’s a restaurant and bar - we opened it as a takeaway but as this is a new set up for our restaurant so up till now it’s no substantial sale - one of two £10 ish transactions and most of the days zero transactions as it’s close to excel center which is being converted into a hospital and most of the area is close as our restaurant is at the back ie not on the road so no foot fall for there .
I don’t know whether lawyer is right or misguided.

What’s your opinion re this ?


I have some other queries re staff and Set O form :
I would appreciate if you can share your opinion

1- We have created three jobs and all of them were created at the start of business ie before extension - set o forms ask for the date when these jobs were created what should I write

Pre extension actual start date of the jobs or the start date of current job claim period

2- all three of above jobs were staffed by the same staff who held this job at the time of extension - thus none of the claimed period (last 12 months) will have start date for the employ - what evidence we can include for start data - how about P11 deduction card?

3- one of the above staff left us but join back at the beginning of the period we are claiming points - what should we say his start date ? First time which was also used for extension or the 2nd time when he re joined ?

4- one of the staff is our 3rd party fund provider - who provided us bulk of £300k investment - however as she is an accountant and this is our accounts and contract manager - is it possible to use her as one of the staff ?

Kind regards

zamanam
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Thu Apr 09, 2020 10:58 am

Anyone please respond to above msg . Thanks

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marcnath
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Re: Tier 1 E £200k route based ILR queries

Post by marcnath » Thu Apr 09, 2020 11:48 am

zamanam wrote:
Tue Apr 07, 2020 5:09 pm
Note please ignore my above query I can’t edit or delete it and find below my queries - thanks

Hi Zimba

Thank you Marcnath and Zimba

One of the lawyer said they Home office won’t as business is closed unless your business is genuinely open you can’t just pay the staff and fulfill these requirements.

They know that our business is closed as it’s a restaurant and bar - we opened it as a takeaway but as this is a new set up for our restaurant so up till now it’s no substantial sale - one of two £10 ish transactions and most of the days zero transactions as it’s close to excel center which is being converted into a hospital and most of the area is close as our restaurant is at the back ie not on the road so no foot fall for there .
I don’t know whether lawyer is right or misguided.

What’s your opinion re this ?
There is nothing in the immigration rules that back up what your lawyer says.

Of course, there is a genuineness clause which has a very open definition, so it is impossible to predict how HO would handle anything.

But personally, I can't see how HO can consider this as non genuine, especially if you are still trading. The fact there is not enough business is not a reason to try and you need the staff to try to check if there will be business.
zamanam wrote:
Tue Apr 07, 2020 5:09 pm


I have some other queries re staff and Set O form :
I would appreciate if you can share your opinion

1- We have created three jobs and all of them were created at the start of business ie before extension - set o forms ask for the date when these jobs were created what should I write

Pre extension actual start date of the jobs or the start date of current job claim period
Actual start date
zamanam wrote:
Tue Apr 07, 2020 5:09 pm

2- all three of above jobs were staffed by the same staff who held this job at the time of extension - thus none of the claimed period (last 12 months) will have start date for the employ - what evidence we can include for start data - how about P11 deduction card?
There is no evidence needed for start date
zamanam wrote:
Tue Apr 07, 2020 5:09 pm

3- one of the above staff left us but join back at the beginning of the period we are claiming points - what should we say his start date ? First time which was also used for extension or the 2nd time when he re joined ?
Rejoined date
zamanam wrote:
Tue Apr 07, 2020 5:09 pm

4- one of the staff is our 3rd party fund provider - who provided us bulk of £300k investment - however as she is an accountant and this is our accounts and contract manager - is it possible to use her as one of the staff ?

Kind regards
Can't see any reason why not.

In whose name is the investment shown in the business accounts ? Is this fund provider a shareholder or a creditor to the business ?
zamanam wrote:
Tue Apr 07, 2020 5:09 pm
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.

zamanam
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Posts: 136
Joined: Fri Aug 25, 2006 8:47 pm

Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Mon Apr 13, 2020 8:38 pm

Hi Marcnath,

Thanks again for your response.
Actually I agree there is nothing in the rules - its only genuineness test where we have a risk when HO can question last months salary as genuine transaction as business was closed due to corona.

I have some other queries re staff and Set O form: I would appreciate if you can share your opinion

1- We have created three jobs and all of them were created at the start of business and all three are staffed by the same staff who held this job at the time of extension - thus none of the claimed period (last 12 months) will have start date for the employee - what evidence we can include for start data - how about P11 deduction card?[/quote]
Response: There is no evidence needed for start date

Further query - I looked at both guidance and rules - rules appendix a point 50 c states, "confirmation of the employment [b]start date[/b], [b]job title, job description,[/b] hours paid per pay period and the hourly rate for each settled worker relied upon, including any changes to the same and the dates of those changes; https://www.gov.uk/guidance/immigration ... attributes
Similarly, Page 91 of 118 Published for Home Office staff on 29 March 2019, it ask for the same info - "confirmation of the start date, number of hours paid and the hourly rate for each employee used to claim points, including any changes in the number of hours paid or hourly rate and the dates of the changes .

A - Am I mistaken re start date?

B - It also ask for job description - do we need to include job description as I didn't include this info at extension in 2018?

4- one of the staff is our 3rd party fund provider - who provided us bulk of £300k investment - however as she is an accountant and this is our accounts and contract manager - is it possible to use her as one of the staff ?

response Can't see any reason why not.
In whose name is the investment shown in the business accounts ? Is this fund provider a shareholder or a creditor to the business ?

C - Third party (current staff) transfer funds £248k to entrepreneur teams joint personal account and the both applicant invested via transferring £124 each from their joint personal account to business account - investment is via unsecured director's loan - as far as I understand technically there is no issue with the 3rd party as staff but again genuineness test might raise question - what do you think ?

Some other queries are as below - kindly respond:

D - We need to include copy of passport for last 5 years - should we copy all pages including blank pages or just the pages with bio and stamps ?

E- What should be the validity of passport - I just have 1.5 months left and due to covid I don't know when it will open and I am sure in 1.5 months application wont be decided - I will be lucky if I get biometrics done as all centres are closed - can I apply with just 1.5 months valid passport?

F- SETO ask for absence since first UK entry - if this current entry on tier 1? or any first entry in the UK as I was here on Tier 4 ages ago and then went back?

G- Set O asks for HO reference number I just have BRP card number - cant find any other reference - as we are entrepreneur team where we have to provide HO ref number in each others application as well - Do you think its BRP number?

H - For UK business activity it is asking for UK business bank statement - Do we need to share recent statement or any statement for last 6 months as business is closed for last whole months there are very few transactions in the most recent statement.

I - Our bank statement just shows business name but not both entrepreneur team members name - is that okay?

J - It seems there is requirement for I) business activity overview and ii) directors job description - DO you know if there is any specific format or just general details about the business and directors role?

K- For EU staff - their passport bio page is enough as they don't have stamps on their passport?

L - Two identical passport-size photographs and maintenance - are these not needed for settlement?

Sorry some of these questions are dumb but I read few documents and got confused - apologies in advance for silly questions. Better safe than sorry!

Hope to hear from you soon.

Kind regards.

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marcnath
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Re: Tier 1 E £200k route based ILR queries

Post by marcnath » Mon Apr 13, 2020 8:50 pm

zamanam wrote:
Mon Apr 13, 2020 8:38 pm
Hi Marcnath,

Thanks again for your response.
Actually I agree there is nothing in the rules - its only genuineness test where we have a risk when HO can question last months salary as genuine transaction as business was closed due to corona.

I have some other queries re staff and Set O form: I would appreciate if you can share your opinion

1- We have created three jobs and all of them were created at the start of business and all three are staffed by the same staff who held this job at the time of extension - thus none of the claimed period (last 12 months) will have start date for the employee - what evidence we can include for start data - how about P11 deduction card?
Response: There is no evidence needed for start date

Further query - I looked at both guidance and rules - rules appendix a point 50 c states, "confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon, including any changes to the same and the dates of those changes; https://www.gov.uk/guidance/immigration ... attributes
Similarly, Page 91 of 118 Published for Home Office staff on 29 March 2019, it ask for the same info - "confirmation of the start date, number of hours paid and the hourly rate for each employee used to claim points, including any changes in the number of hours paid or hourly rate and the dates of the changes .

A - Am I mistaken re start date? No, you are not. You need to provide that information. Just that no evidence is needed for start date. You just fill that information in the form.

B - It also ask for job description - do we need to include job description as I didn't include this info at extension in 2018? Yes, this is a new requirement.

4- one of the staff is our 3rd party fund provider - who provided us bulk of £300k investment - however as she is an accountant and this is our accounts and contract manager - is it possible to use her as one of the staff ?

response Can't see any reason why not.
In whose name is the investment shown in the business accounts ? Is this fund provider a shareholder or a creditor to the business ?

C - Third party (current staff) transfer funds £248k to entrepreneur teams joint personal account and the both applicant invested via transferring £124 each from their joint personal account to business account - investment is via unsecured director's loan - as far as I understand technically there is no issue with the 3rd party as staff but again genuineness test might raise question - what do you think ?
I am not going to give an opinion on the genuineness test as there are no clear guidelines on that
Some other queries are as below - kindly respond:

D - We need to include copy of passport for last 5 years - should we copy all pages including blank pages or just the pages with bio and stamps ?All pages

E- What should be the validity of passport - I just have 1.5 months left and due to covid I don't know when it will open and I am sure in 1.5 months application wont be decided - I will be lucky if I get biometrics done as all centres are closed - can I apply with just 1.5 months valid passport? There is no specification on validity. So can't see why not.

F- SETO ask for absence since first UK entry - if this current entry on tier 1? or any first entry in the UK as I was here on Tier 4 ages ago and then went back? It does say "relevant to the route on which the SET-O is based. So, for your Tier 1

G- Set O asks for HO reference number I just have BRP card number - cant find any other reference - as we are entrepreneur team where we have to provide HO ref number in each others application as well - Do you think its BRP number? I think it says "if available". You can provide what you have

H - For UK business activity it is asking for UK business bank statement - Do we need to share recent statement or any statement for last 6 months as business is closed for last whole months there are very few transactions in the most recent statement. Again, not specified. So I read it as any recent one

I - Our bank statement just shows business name but not both entrepreneur team members name - is that okay? Yes

J - It seems there is requirement for I) business activity overview and ii) directors job description - DO you know if there is any specific format or just general details about the business and directors role? No formats.

K- For EU staff - their passport bio page is enough as they don't have stamps on their passport? Yes

L - Two identical passport-size photographs and maintenance - are these not needed for settlement? Maintenance not needed for settlement. Photos should still be needed

Sorry some of these questions are dumb but I read few documents and got confused - apologies in advance for silly questions. Better safe than sorry!

Hope to hear from you soon.

Kind regards.
[/quote]
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.

zamanam
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Posts: 136
Joined: Fri Aug 25, 2006 8:47 pm

Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Apr 14, 2020 12:15 pm

Marcnath you're such a star 🌟 God bless you for all the support Thanks

zamanam
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Posts: 136
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Re: Tier 1 E £200k route based ILR queries

Post by zamanam » Tue Apr 14, 2020 3:23 pm

Marcnath

Just want to check for ILR do we need to provide job description for staff as well or just directors - sorry if I'm repeating myself just not clear!

Thanks

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