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Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

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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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by CULLINAN » Tue Aug 20, 2019 12:39 am

aman90 wrote:
Mon Aug 19, 2019 6:58 pm
Suggest that you do send the pertinent info as additional information.
No need to explain ur self.
Adding on what Aman said:

Checklist is not accurate. Its your responsibility to send the docs as per the guidance.

Post to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Mention your Case ID.
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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asimkfarooq
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Posts: 45
Joined: Mon Jan 09, 2017 11:05 am

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by asimkfarooq » Wed Aug 21, 2019 11:41 am

tier11417 wrote:
Tue Aug 20, 2019 12:39 am
aman90 wrote:
Mon Aug 19, 2019 6:58 pm
Suggest that you do send the pertinent info as additional information.
No need to explain ur self.
Adding on what Aman said:

Checklist is not accurate. Its your responsibility to send the docs as per the guidance.

Post to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Mention your Case ID.
Hi Aman90 & tier11417,

Thank you for your input.
I applied for ILR through a solicitor. He successfully applied my initial Tier-1 ENT application extension in 2014 & 2017.
He advised me that since it is not mentioned in the checklist (generated after we submit online application) then let's wait for Home Office Case Worker to ask us (Employee Job Description) & (Director Job Description/Company overview) if they need it. They might not ask for it.
Solicitor is of the view that they cannot reject visa on this one since I complete 75 points of qualifying for ILR and there is no error of law here.

Also one of my friend who was on T-1 ENT visa like me forgot to attach 'Life in the UK test' with his T-1 ENT to ILR application. His case worker emailed him after 4 months of his application submission asking him to provide Life in the UK test, he provided that and then he got his ILR last week.

I am a bit confuse now, I have provided everything as per the guideline even few extra documents to support my application except these 2 (Employee Job Description) & (Director Job Description/Company overview).

So kindly advise what to do? Should I ignore Solicitor's advise and just post these missing bits to HO on their postal address regardless of them asking me or not?
I will be very grateful for your kind opinion.

Thanks

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by aman90 » Wed Aug 21, 2019 12:02 pm

As far as I’m concerned.. I would not want any delay due to anything missing... be on my toes waiting to hear from a case worker who is gonna decide the course of my life.. I would rather sleep in peace knowing that I tried my best and followed the guidance to a T..

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by CULLINAN » Wed Aug 21, 2019 1:04 pm

asimkfarooq wrote:
Wed Aug 21, 2019 11:41 am
tier11417 wrote:
Tue Aug 20, 2019 12:39 am
aman90 wrote:
Mon Aug 19, 2019 6:58 pm
Suggest that you do send the pertinent info as additional information.
No need to explain ur self.
Adding on what Aman said:

Checklist is not accurate. Its your responsibility to send the docs as per the guidance.

Post to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Mention your Case ID.
Hi Aman90 & tier11417,

Thank you for your input.
I applied for ILR through a solicitor. He successfully applied my initial Tier-1 ENT application extension in 2014 & 2017.
He advised me that since it is not mentioned in the checklist (generated after we submit online application) then let's wait for Home Office Case Worker to ask us (Employee Job Description) & (Director Job Description/Company overview) if they need it. They might not ask for it.
Solicitor is of the view that they cannot reject visa on this one since I complete 75 points of qualifying for ILR and there is no error of law here.

Also one of my friend who was on T-1 ENT visa like me forgot to attach 'Life in the UK test' with his T-1 ENT to ILR application. His case worker emailed him after 4 months of his application submission asking him to provide Life in the UK test, he provided that and then he got his ILR last week.

I am a bit confuse now, I have provided everything as per the guideline even few extra documents to support my application except these 2 (Employee Job Description) & (Director Job Description/Company overview).

So kindly advise what to do? Should I ignore Solicitor's advise and just post these missing bits to HO on their postal address regardless of them asking me or not?
I will be very grateful for your kind opinion.

Thanks
No one can really answer this. This is a new requirement so not sure how strict HO is about it. Some members who applied after March 2019 submitted this and were successfully granted visa.
However, its up to you to make a decision. Personally, I like to play safe with HO. Also, it really depends on your CW if he/she will ask about the missed documents or not. It’s entirely upon individual case worker discretion. Its hardly 2 small paragraphs on one page. We cant decide for you. We can only tell you what the guidance is. The checklist is not accurate. Its your responsibility to fulfil the documents as per the guidance.
For example the checklist asks for the evidence of absences from the UK also which clearly is not required. The checklist does not mention the business bank statement or bank letter which is also required. So you cant rely on checklist alone.
Its entirely your call.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
asimkfarooq
Newbie
Posts: 45
Joined: Mon Jan 09, 2017 11:05 am

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by asimkfarooq » Wed Aug 21, 2019 1:33 pm

aman90 wrote:
Wed Aug 21, 2019 12:02 pm
As far as I’m concerned.. I would not want any delay due to anything missing... be on my toes waiting to hear from a case worker who is gonna decide the course of my life.. I would rather sleep in peace knowing that I tried my best and followed the guidance to a T..
Thanks Aman90,

I agree, I am also inclined towards sending the missing documents to HO.
I will discuss it with my solicitor and ask him to send them to HO.

1) Will it be OK to send these documents to HO in another 7-10 days? I am asking because my solicitor is abroad and will be returning to UK in 7-8 days and I want him to send since he is representing me for my ILR.

2- 2nd and last Question is that my LTD company provides services to our client and my employees are working on the project we have from our clients, not working directly with client in any way. So now my client wants to do the ECS check if my company or Me (Director) is eligible to work or not after visa expiry.
I have told them that you cannot do this check because our company is providing services to their company only and my Admin Manager can do it for myself Director/Company.
Is that ok?
If yes then here is a Question in ECS check form that ''When did this employee start working for you?'' Should I put the date here as when my company was registered with Companies House 5 years ago because since then I am working as Director of my company?

Or what else can do to satisfy my client so that my company can keep the project until I get my ILR.

Thanks

User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by aman90 » Wed Aug 21, 2019 3:49 pm

1. That’s fine.
2. Can’t answer.. but I’ve seen this issue discussed earlier on this forum.
The mods can answer this one!

I’m of a personal view that ur company is an independent uk based entity. The employees have right to work in UK. You don’t matter. Work should continue as usual.

User avatar
asimkfarooq
Newbie
Posts: 45
Joined: Mon Jan 09, 2017 11:05 am

Re: Tier-1 Entrepreneur 5 years to ILR - Query for Job Creation & Spouse Visa

Post by asimkfarooq » Thu Aug 22, 2019 2:52 pm

tier11417 wrote:
Wed Aug 21, 2019 1:04 pm
asimkfarooq wrote:
Wed Aug 21, 2019 11:41 am
tier11417 wrote:
Tue Aug 20, 2019 12:39 am
aman90 wrote:
Mon Aug 19, 2019 6:58 pm
Suggest that you do send the pertinent info as additional information.
No need to explain ur self.
Adding on what Aman said:

Checklist is not accurate. Its your responsibility to send the docs as per the guidance.

Post to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Mention your Case ID.
Hi Aman90 & tier11417,

Thank you for your input.
I applied for ILR through a solicitor. He successfully applied my initial Tier-1 ENT application extension in 2014 & 2017.
He advised me that since it is not mentioned in the checklist (generated after we submit online application) then let's wait for Home Office Case Worker to ask us (Employee Job Description) & (Director Job Description/Company overview) if they need it. They might not ask for it.
Solicitor is of the view that they cannot reject visa on this one since I complete 75 points of qualifying for ILR and there is no error of law here.

Also one of my friend who was on T-1 ENT visa like me forgot to attach 'Life in the UK test' with his T-1 ENT to ILR application. His case worker emailed him after 4 months of his application submission asking him to provide Life in the UK test, he provided that and then he got his ILR last week.

I am a bit confuse now, I have provided everything as per the guideline even few extra documents to support my application except these 2 (Employee Job Description) & (Director Job Description/Company overview).

So kindly advise what to do? Should I ignore Solicitor's advise and just post these missing bits to HO on their postal address regardless of them asking me or not?
I will be very grateful for your kind opinion.

Thanks
No one can really answer this. This is a new requirement so not sure how strict HO is about it. Some members who applied after March 2019 submitted this and were successfully granted visa.
However, its up to you to make a decision. Personally, I like to play safe with HO. Also, it really depends on your CW if he/she will ask about the missed documents or not. It’s entirely upon individual case worker discretion. Its hardly 2 small paragraphs on one page. We cant decide for you. We can only tell you what the guidance is. The checklist is not accurate. Its your responsibility to fulfil the documents as per the guidance.
For example the checklist asks for the evidence of absences from the UK also which clearly is not required. The checklist does not mention the business bank statement or bank letter which is also required. So you cant rely on checklist alone.
Its entirely your call.
Thanks Aman90 for your reply.

Hi tier11417,

Yes as suggested by you and Aman90, I will be sending the missing documents to HO via postal address you provided earlier on. Thanks for your advise.

Can you please answer another query?

My LTD company provides services to our client and my employees are working on the project we have from our clients, not working directly with client in any way.
So now my client wants to do the ECS check if my company or Me (Director) is eligible to work or not after visa expiry.
I have told them that you cannot do this check because our company is providing services to their company only and my Admin Manager can do it for myself Director/Company.
Is that ok?
If yes then there is a Question in ECS check form that ''When did this employee start working for you?'' Should I put the date here as when my company was registered with Companies House 5 years ago because since then I am working as Director of my company?

Or what else can do to satisfy my client so that my company can keep the project until I get my ILR.

Please advise. Thanks

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