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Tier 1 (Ent) to ILR

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Thu Jan 10, 2019 7:23 pm

bizman wrote:
Thu Jan 10, 2019 6:24 pm
That is payroll documentation error, it’s not a big deal. Everyone makes payroll error all the time. You can write a small letter and put your case I’d and upload to HO immediately.
If its payroll error, should not i ask HMRC to correct it instead dealing with UKVI.

Tier11417, its from 1st july 17 to 30th June18.

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Thu Jan 10, 2019 7:27 pm

Hi Zimba, Marcmanth, Aman!
Whats ur take on this issue? Please let me know about your opinion.

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Re: Tier 1 (Ent) to ILR

Post by sumayya105 » Thu Jan 10, 2019 8:24 pm

hi all
i need ur help. i am confused on the first step. i am on tier 1 entrepreneur and qualify for ILR. i started on set o. there is an option tier 1 entrepreneur migrant. should i start with that or click on others and state the tier 1 entrepreneur.
i cant understand the word migrant. can anyone help plz?

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Thu Jan 10, 2019 8:52 pm

Yes u need to proceed with Tier1 migrant.

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bizman
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Re: Tier 1 (Ent) to ILR

Post by bizman » Thu Jan 10, 2019 9:39 pm

Massha I have asked hmrc for such letter before during my extension when I paid my employee a little less than the minimum wage, apart from the fact that it took them so long to reply, they told me it is common to all that HO will understand and that’s exactly what happened. I don’t think you need to panic on this.
Bizman

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aman90
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Re: Tier 1 (Ent) to ILR

Post by aman90 » Thu Jan 10, 2019 11:22 pm

Meesha wrote:
Thu Jan 10, 2019 5:01 pm
Yes you are right.
But my concern is different. My accountant provided me RTI FPS which shows start date as 6th July 2017 and end date as 5the August 2018.
But my employees actually started on 1st July 2017 and ended on 20th June 2018. My accountant was not able to regenerate it with my required dates so i generated FPS by myself and sent it to UKVI. So my concern is if UKVI will confirm details with HMRC, they will tell different start and end dates though 5 days difference.

What should i do now?
🙄
So when HO verifies the RTI what did you think they would get?
If ur employee started before the RTI submission date then you could have just sent the previous months RTI FPS.
Anyways..do your employee(s) qualify with the RTI submitted to HMRC?
I don’t think it’s deception coz you’ve sent RTI and paid ur dues to HMRC.. this was just you trying to send a format that HO was familiar with and a mistake in dates..(?)
Personally I wouldn’t amend anything with HMRC at this point.

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CULLINAN
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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Fri Jan 11, 2019 12:43 am

Dont stress at this point and hope for the best. You really cant do anything at this point because your RTI FPS was already submitted back in 2017-2018. Did you not notice these dates when your FPS was generated then by your accountant? Why did you regenerate the FPS? Your accountant did not provide you with the correct format?

The FPS you submitted to HMRC obviously they will have that record. Although you have full 12 months even then but the start dates and end dates are not correct.

You regenerated the FPS but thats not submitted to HMRC. Everything is same except for the start and end dates. You cant really amend it now. I dont think HO will verify each and every document.

Since your employee left in June, you cant really even provide FPS from July.

So there are two options now.
1) Let it be and hope for the best.
2) Try changing it with HMRC (I dont know if you can now or not)
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CULLINAN
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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Fri Jan 11, 2019 2:45 am

Meesha wrote:
Thu Jan 10, 2019 5:01 pm
Yes you are right.
But my concern is different. My accountant provided me RTI FPS which shows start date as 6th July 2017 and end date as 5the August 2018.
But my employees actually started on 1st July 2017 and ended on 20th June 2018. My accountant was not able to regenerate it with my required dates so i generated FPS by myself and sent it to UKVI. So my concern is if UKVI will confirm details with HMRC, they will tell different start and end dates though 5 days difference.

What should i do now?
Are you sure you have mentioned the dates correctly?
Accountant provided you RTI FPS from 6th July till 5th Aug ? (13 months) ?

Your employee left on 30th June so why did he put date for August (1 month 5 days gap??)


In the other post you mentioned you manually generated and leave date was 31st June? Month of June is 30 days :S

Im confused of your dates

Did you regenerate only 1 month FPS or all 12 months??
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Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Fri Jan 11, 2019 4:29 pm

Hi,
I have mistyped dates due to stress.

Correct dates
Both employees
1st July 2017 to 30th June 2018 (12 months, 130hrs every month)

FPS generated by accountant with dates 6th July2017 to 5th July2018

I regenerated them by myself with correct dates.
But data on HMRC should be same as accountant's software.
I came to know about it through pension people as they had some system error and issued me penalty notice for not paying pension from july to dec when employees were not even working. So it was amended and when i called back for confirmation, i was told they have leaving date on their system as 6th July now which makes me believe that same dates should be on HMRC system. Start date is correct on their system which is 1st July 2017.
I tried calling HMRC but they didnt tell me any dates and asked me to look into my own system.
Note: I got an advise from HMRC that i should write them a letter to correct dates and they will do it for me.
My concern is that when UKVI will call to HMRC for confirmation, end dates will be 6th July but i have claimed it as end June.

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Re: Tier 1 (Ent) to ILR

Post by bizman » Fri Jan 11, 2019 5:01 pm

With this information you just gave, all looks ok. This is just simple error, I’m sure it won’t really count.
Bizman

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CULLINAN
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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Fri Jan 11, 2019 6:17 pm

Meesha wrote:
Fri Jan 11, 2019 4:29 pm
Hi,
I have mistyped dates due to stress.

Correct dates
Both employees
1st July 2017 to 30th June 2018 (12 months, 130hrs every month)

FPS generated by accountant with dates 6th July2017 to 5th July2018

I regenerated them by myself with correct dates.
But data on HMRC should be same as accountant's software.
I came to know about it through pension people as they had some system error and issued me penalty notice for not paying pension from july to dec when employees were not even working. So it was amended and when i called back for confirmation, i was told they have leaving date on their system as 6th July now which makes me believe that same dates should be on HMRC system. Start date is correct on their system which is 1st July 2017.
I tried calling HMRC but they didnt tell me any dates and asked me to look into my own system.
Note: I got an advise from HMRC that i should write them a letter to correct dates and they will do it for me.
My concern is that when UKVI will call to HMRC for confirmation, end dates will be 6th July but i have claimed it as end June.
Oh if only the end date is the issue then i dont see any problem here(could be a worry if start date was wrong). You need to relax. Even if end date is 6th July in HMRC records you still meet your job requirement by 30th June and have sent the FPS for June. So why worry?
Plus there could be payroll errors or accountant human errors. HO will not penalise on that. You already meet your requirement. Anything after 30th June is extra so you dont need that anyways.

It would have been a worry if you said my employee end date was 6th July but hmrc record has the end date for 30th June(this was actually a problem then)
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aman90
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Re: Tier 1 (Ent) to ILR

Post by aman90 » Fri Jan 11, 2019 7:26 pm

Have you confirmed the Start Date and Leaving Dates of your employees reported to HMRC with your accountant?

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Sat Jan 12, 2019 9:32 pm

I believe he should have dates as mentioned on FPSs he generated for me. I will visit him on Monday to know it. I went to HMRC to know it, they told me that if i amend dates in payroll, it will get updated on their system automatically. My accountant did not think so. Lats time he argued about it too but let me use his payroll software and i was able to get it done so am planning to do same.
I will know on Monday.




aman90 wrote:
Fri Jan 11, 2019 7:26 pm
Have you confirmed the Start Date and Leaving Dates of your employees reported to HMRC with your accountant?

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Sat Jan 12, 2019 9:34 pm

And its only been 5 days to my biometrics so i dont think UKVI would have even looked at my application yet. I think i have time to sort it out but only if i will know how to do it :)

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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Sun Jan 13, 2019 2:39 am

you seem quite pro at re-generating FPS 👌 Goodluck
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Mon Jan 21, 2019 12:35 pm

Hi Tier11417,
Are u getting any auto generated emails from UKVI stating your application is under process and expect a decision in 6 months time period etc. I got first yesterday after 2 weeks of Bio metric.

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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Mon Jan 21, 2019 1:20 pm

Meesha wrote:
Mon Jan 21, 2019 12:35 pm
Hi Tier11417,
Are u getting any auto generated emails from UKVI stating your application is under process and expect a decision in 6 months time period etc. I got first yesterday after 2 weeks of Bio metric.
Hello, I have not received any as of yet as I submitted my application on 1st and bio on 2nd ao I would assume 1 month from date of application. I think you received it after 1 month of date of application not the bio if I am correct. Will keep updated.
Hope you sorted your FPS issue?
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Re: Tier 1 (Ent) to ILR

Post by bizman » Mon Jan 21, 2019 6:26 pm

Meesha wrote:
Mon Jan 21, 2019 12:35 pm
Hi Tier11417,
Are u getting any auto generated emails from UKVI stating your application is under process and expect a decision in 6 months time period etc. I got first yesterday after 2 weeks of Bio metric.
This is good to know that they are getting in touch with you. Tier11417, kindly update when you receive yours. All the best mates.
Bizman

Meesha
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Tue Jan 22, 2019 10:33 pm

Yes. I submitted application on 18th night I think.
My accountant suggested me to do nothing as according to him if I will try amending dates now, it will show flag on HMRC website which is not good. And its only 5 days difference so won't matter?
And I have sent FPSs with genuine dates. My employees had access cards to hospital labs which also showed validity period., start and end dates.
I believe they read cover letter though one of my colleague doubt it.

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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Tue Jan 22, 2019 10:58 pm

Meesha wrote:
Tue Jan 22, 2019 10:33 pm
Yes. I submitted application on 18th night I think.
My accountant suggested me to do nothing as according to him if I will try amending dates now, it will show flag on HMRC website which is not good. And its only 5 days difference so won't matter?
And I have sent FPSs with genuine dates. My employees had access cards to hospital labs which also showed validity period., start and end dates.
I believe they read cover letter though one of my colleague doubt it.
Which address did you send additional documents to? I am also considering sending Jan FPS although I already meet the requirements by Dec but just making sure?
They should consider the cover letter incase they have any doubts. I am sure you should be fine. I strongly believe HO does not verify each and every documet, only it they have a doubt. So highly likely they would not even bother.
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Tue Jan 22, 2019 11:15 pm

I have not sent any additional documents. I mentioned it in cover letter only.
I have not come across any thread where some one would have sent additional doc later with new system. Have u seen any?

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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Tue Jan 22, 2019 11:20 pm

Meesha wrote:
Tue Jan 22, 2019 11:15 pm
I have not sent any additional documents. I mentioned it in cover letter only.
I have not come across any thread where some one would have sent additional doc later with new system. Have u seen any?
Oh I thought you noticed this start issue after you sent your application. Seems like you were aware of it even before sending application and already have mentioned in the cover letter. Hence, my misunderstanding. Got it.

Not really, a few members have been inquiring about the address. But they were advised to send it to the same address on the paper form. Not sure what address works with new system. However, that would be a safe bet.
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Re: Tier 1 (Ent) to ILR

Post by Meesha » Tue Jan 22, 2019 11:30 pm

I have not made a mistake (showed over cleverness by generating FPSs by myself lolz) . I have not pointed out it either.
However I have written in cover letter about attendance of my employees at work which is through electronic system by their entry cards. I said I m not providing cards as they are NHS property however I can send a copy if CW is interested to see it.

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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Tue Jan 22, 2019 11:36 pm

Meesha wrote:
Tue Jan 22, 2019 11:30 pm
I have not made a mistake (showed over cleverness by generating FPSs by myself lolz) . I have not pointed out it either.
However I have written in cover letter about attendance of my employees at work which is through electronic system by their entry cards. I said I m not providing cards as they are NHS property however I can send a copy if CW is interested to see it.
Fingers crossed. Should be okay.
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Re: Tier 1 (Ent) to ILR

Post by CULLINAN » Sat Jan 26, 2019 5:29 pm

I was going through my checklist and at the end it says “you should receive a decision within 8 weeks after your bio, If not we will let you know”. However, the standard service says 6 months. But I know Marcnath got his decision in 8 weeks. I think lucky ones get within 8 weeks after bio!!
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