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Tier1 50k 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

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xeesee
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Posts: 252
Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Sun Feb 10, 2019 6:46 pm

tier11417 wrote:
Sun Feb 10, 2019 5:39 pm
xeesee wrote:
Sun Feb 10, 2019 5:24 pm
tier11417 wrote:
Sun Feb 10, 2019 1:44 pm
xeesee wrote:
Sun Feb 10, 2019 9:09 am
My initial visa was granted on 19-12-2013 and extension on 03-03-2017 but this particular employee started on with my company on 01-10-2014.

Tier11417 I discuss this earlier as 1 employee is also working part time from 01-07-2018 and marcnath suggested me to send her salary slips as well as that might help me. Also said to send march salary slips and FPS at the end of march.
In your earlier posts, you said your extension was granted on 2/3/17. You now say its granted on 3/3/17.

Note you can only claim points for job creation after extension regardless of when your employee initially started. So you can only claim job points for ILR after extension. Your 24 months will be completed on 03/3/17 - 2/3/19. Personally, I think if you apply on 1st you will not have met the conditions and will be short of 1 day. Ideally you should apply on 3/3/19 (last day of your visa expiry) and send in March 2019 FPS also.

Note, although sending a part timer is good but the guidance talks about adding two part timers for 1 FT. Members in the past have used single part time jobs to add number or hours and have been accepted but recently a member posted who was refused as HO did not accept single part time worker.

Personally, I would not risk for 1 day and send March 2019 FPS also. That is my opinion but lets say what others have to say.
Thanks tier11417. it is possible that i miss typed or something. but i can confirm that place and date of issue is UK 03-03-2017 and valid until 03-03-2019. as it is said that we can apply 28 days before current leave is expired so i was thinking that it should be OK if i submit my application in February.

marcnath also suggested that i can apply before and send march's FPS after in a separate post. i was thinking to mention that in a cover letter aswell.

i will request all other senior members to help me clarify this.

zimba, marcnath and CR001 please give your opinion.

Thanks
Also, you can apply 28 days before your expiry GIVEN you also meet the job requirements. How can you apply in Feb otherwise? You only have 1 employee that will complete 24 months on 2/3/19 but as I said BRP date is not necessarily the approval date. If your approval date was earlier that might help ease the situation.
I didn't find anything with approval date on it. only thing i have is BRP card with 03-03-2017 to 03-03-2019.

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CULLINAN
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Re: Tier1 50k to ILR

Post by CULLINAN » Sun Feb 10, 2019 7:43 pm

xeesee wrote:
Sun Feb 10, 2019 6:46 pm
tier11417 wrote:
Sun Feb 10, 2019 5:39 pm
xeesee wrote:
Sun Feb 10, 2019 5:24 pm
tier11417 wrote:
Sun Feb 10, 2019 1:44 pm


In your earlier posts, you said your extension was granted on 2/3/17. You now say its granted on 3/3/17.

Note you can only claim points for job creation after extension regardless of when your employee initially started. So you can only claim job points for ILR after extension. Your 24 months will be completed on 03/3/17 - 2/3/19. Personally, I think if you apply on 1st you will not have met the conditions and will be short of 1 day. Ideally you should apply on 3/3/19 (last day of your visa expiry) and send in March 2019 FPS also.

Note, although sending a part timer is good but the guidance talks about adding two part timers for 1 FT. Members in the past have used single part time jobs to add number or hours and have been accepted but recently a member posted who was refused as HO did not accept single part time worker.

Personally, I would not risk for 1 day and send March 2019 FPS also. That is my opinion but lets say what others have to say.
Thanks tier11417. it is possible that i miss typed or something. but i can confirm that place and date of issue is UK 03-03-2017 and valid until 03-03-2019. as it is said that we can apply 28 days before current leave is expired so i was thinking that it should be OK if i submit my application in February.

marcnath also suggested that i can apply before and send march's FPS after in a separate post. i was thinking to mention that in a cover letter aswell.

i will request all other senior members to help me clarify this.

zimba, marcnath and CR001 please give your opinion.

Thanks
Also, you can apply 28 days before your expiry GIVEN you also meet the job requirements. How can you apply in Feb otherwise? You only have 1 employee that will complete 24 months on 2/3/19 but as I said BRP date is not necessarily the approval date. If your approval date was earlier that might help ease the situation.
I didn't find anything with approval date on it. only thing i have is BRP card with 03-03-2017 to 03-03-2019.
You get an approval letter first. And then the BRP is posted separately. Not necessarily the approval date is the same date as when BRP was issued. For example, visa could be approved on 28th Feb 2017 (date on approval letter) and BRP issue date 3/3/17. In that case you could count employemt from 28th Feb 2017. But since you dont have access to your approval letter lets forget it. It was just a thought that might have eased your situation. Just concerntrate on 3/3/17.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

xeesee
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Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Sun Feb 10, 2019 8:17 pm

tier11417 wrote:
Sun Feb 10, 2019 7:43 pm
xeesee wrote:
Sun Feb 10, 2019 6:46 pm
tier11417 wrote:
Sun Feb 10, 2019 5:39 pm
xeesee wrote:
Sun Feb 10, 2019 5:24 pm


Thanks tier11417. it is possible that i miss typed or something. but i can confirm that place and date of issue is UK 03-03-2017 and valid until 03-03-2019. as it is said that we can apply 28 days before current leave is expired so i was thinking that it should be OK if i submit my application in February.

marcnath also suggested that i can apply before and send march's FPS after in a separate post. i was thinking to mention that in a cover letter aswell.

i will request all other senior members to help me clarify this.

zimba, marcnath and CR001 please give your opinion.

Thanks
Also, you can apply 28 days before your expiry GIVEN you also meet the job requirements. How can you apply in Feb otherwise? You only have 1 employee that will complete 24 months on 2/3/19 but as I said BRP date is not necessarily the approval date. If your approval date was earlier that might help ease the situation.
I didn't find anything with approval date on it. only thing i have is BRP card with 03-03-2017 to 03-03-2019.
You get an approval letter first. And then the BRP is posted separately. Not necessarily the approval date is the same date as when BRP was issued. For example, visa could be approved on 28th Feb 2017 (date on approval letter) and BRP issue date 3/3/17. In that case you could count employemt from 28th Feb 2017. But since you dont have access to your approval letter lets forget it. It was just a thought that might have eased your situation. Just concerntrate on 3/3/17.
I was thinking to apply on 01-03-2019 on Friday because that will be last working day before my leave expires. If I apply after this date I will not get any other documents from my accountant. I also can't post anything on Sunday.

What do you think applying on 01-03-2019 and sending march FPS and salary slips at the end on month will not work? We can explain all this in a cover letter as well.

This will be great if other experience members also help in this situation.

Thanks

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CULLINAN
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Re: Tier1 50k to ILR

Post by CULLINAN » Sun Feb 10, 2019 8:28 pm

xeesee wrote:
Sun Feb 10, 2019 8:17 pm
tier11417 wrote:
Sun Feb 10, 2019 7:43 pm
xeesee wrote:
Sun Feb 10, 2019 6:46 pm
tier11417 wrote:
Sun Feb 10, 2019 5:39 pm


Also, you can apply 28 days before your expiry GIVEN you also meet the job requirements. How can you apply in Feb otherwise? You only have 1 employee that will complete 24 months on 2/3/19 but as I said BRP date is not necessarily the approval date. If your approval date was earlier that might help ease the situation.
I didn't find anything with approval date on it. only thing i have is BRP card with 03-03-2017 to 03-03-2019.
You get an approval letter first. And then the BRP is posted separately. Not necessarily the approval date is the same date as when BRP was issued. For example, visa could be approved on 28th Feb 2017 (date on approval letter) and BRP issue date 3/3/17. In that case you could count employemt from 28th Feb 2017. But since you dont have access to your approval letter lets forget it. It was just a thought that might have eased your situation. Just concerntrate on 3/3/17.
I was thinking to apply on 01-03-2019 on Friday because that will be last working day before my leave expires. If I apply after this date I will not get any other documents from my accountant. I also can't post anything on Sunday.

What do you think applying on 01-03-2019 and sending march FPS and salary slips at the end on month will not work? We can explain all this in a cover letter as well.

This will be great if other experience members also help in this situation.

Thanks
You can apply 7 days a week benefits of applying online.
Personally I will not advise you to apply on 1st as by 1st your 24 months are not fulfilled, but best is to apply on Saturday (2nd March) as you will fulfill your 24 months then. Post offices are open on Saturday also. Also, send March 2019 FPS (your accountant can generate it on 1st March on Friday)

There is another member “sonirules” relying on 1 employee for 24 months. I think member is applying on the last day of visa expiry given the same situation.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

xeesee
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Posts: 252
Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Sun Feb 10, 2019 9:49 pm

tier11417 wrote:
Sun Feb 10, 2019 8:28 pm
xeesee wrote:
Sun Feb 10, 2019 8:17 pm
tier11417 wrote:
Sun Feb 10, 2019 7:43 pm
xeesee wrote:
Sun Feb 10, 2019 6:46 pm


I didn't find anything with approval date on it. only thing i have is BRP card with 03-03-2017 to 03-03-2019.
You get an approval letter first. And then the BRP is posted separately. Not necessarily the approval date is the same date as when BRP was issued. For example, visa could be approved on 28th Feb 2017 (date on approval letter) and BRP issue date 3/3/17. In that case you could count employemt from 28th Feb 2017. But since you dont have access to your approval letter lets forget it. It was just a thought that might have eased your situation. Just concerntrate on 3/3/17.
I was thinking to apply on 01-03-2019 on Friday because that will be last working day before my leave expires. If I apply after this date I will not get any other documents from my accountant. I also can't post anything on Sunday.

What do you think applying on 01-03-2019 and sending march FPS and salary slips at the end on month will not work? We can explain all this in a cover letter as well.

This will be great if other experience members also help in this situation.

Thanks
You can apply 7 days a week benefits of applying online.
Personally I will not advise you to apply on 1st as by 1st your 24 months are not fulfilled, but best is to apply on Saturday (2nd March) as you will fulfill your 24 months then. Post offices are open on Saturday also. Also, send March 2019 FPS (your accountant can generate it on 1st March on Friday)

There is another member “sonirules” relying on 1 employee for 24 months. I think member is applying on the last day of visa expiry given the same situation.
Thanks tier11417.

I will discuss this with my accountant tomorrow and possibly see if I can get some information from a lawyer.

In the meantime also wait for a help from other senior members.

Thanks

xeesee
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Posts: 252
Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 8:04 am

tier11417 wrote:
Sun Feb 10, 2019 5:39 pm
xeesee wrote:
Sun Feb 10, 2019 5:24 pm
tier11417 wrote:
Sun Feb 10, 2019 1:44 pm
xeesee wrote:
Sun Feb 10, 2019 9:09 am
My initial visa was granted on 19-12-2013 and extension on 03-03-2017 but this particular employee started on with my company on 01-10-2014.

Tier11417 I discuss this earlier as 1 employee is also working part time from 01-07-2018 and marcnath suggested me to send her salary slips as well as that might help me. Also said to send march salary slips and FPS at the end of march.
In your earlier posts, you said your extension was granted on 2/3/17. You now say its granted on 3/3/17.

Note you can only claim points for job creation after extension regardless of when your employee initially started. So you can only claim job points for ILR after extension. Your 24 months will be completed on 03/3/17 - 2/3/19. Personally, I think if you apply on 1st you will not have met the conditions and will be short of 1 day. Ideally you should apply on 3/3/19 (last day of your visa expiry) and send in March 2019 FPS also.

Note, although sending a part timer is good but the guidance talks about adding two part timers for 1 FT. Members in the past have used single part time jobs to add number or hours and have been accepted but recently a member posted who was refused as HO did not accept single part time worker.

Personally, I would not risk for 1 day and send March 2019 FPS also. That is my opinion but lets say what others have to say.
Thanks tier11417. it is possible that i miss typed or something. but i can confirm that place and date of issue is UK 03-03-2017 and valid until 03-03-2019. as it is said that we can apply 28 days before current leave is expired so i was thinking that it should be OK if i submit my application in February.

marcnath also suggested that i can apply before and send march's FPS after in a separate post. i was thinking to mention that in a cover letter aswell.

i will request all other senior members to help me clarify this.

zimba, marcnath and CR001 please give your opinion.

Thanks
Also, you can apply 28 days before your expiry GIVEN you also meet the job requirements. How can you apply in Feb otherwise? You only have 1 employee that will complete 24 months on 2/3/19 but as I said BRP date is not necessarily the approval date. If your approval date was earlier that might help ease the situation.
Hello members,

any suggestions on what date should i apply for my ILR application based on i have only 1 employee working full part from my extension date (03-03-2017) .

Thanks

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Re: Tier1 50k to ILR

Post by marcnath » Mon Feb 11, 2019 8:58 am

I very much doubt a few days will matter. The employment requirement only specifies that the job should have been during the latest period of grant - there is no specific reference to date of application (unlike, for example, maintenance funds which clearly refers application date).

When you do the online application, that is the date of application and though you need to upload docs, you will be getting the docs scanned at one of the service points in a few days - so you just need to ensure you have all the documents by then.
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.

xeesee
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Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 10:03 am

marcnath wrote:
Mon Feb 11, 2019 8:58 am
I very much doubt a few days will matter. The employment requirement only specifies that the job should have been during the latest period of grant - there is no specific reference to date of application (unlike, for example, maintenance funds which clearly refers application date).

When you do the online application, that is the date of application and though you need to upload docs, you will be getting the docs scanned at one of the service points in a few days - so you just need to ensure you have all the documents by then.
Thanks marcnath.
I'm applying using existing service and sending everything in a post so don't need to scan anything.

My accountant saying he can't generate march FPS and salary slips before 20th of march. As 1 march is so early and HMRC might ask you that why you submitting so early. And that doesn't make sense to generate salary slips even before work.

If I know that it's that difficult to manage I would have an other employee for few months.

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Re: Tier1 50k to ILR

Post by marcnath » Mon Feb 11, 2019 11:11 am

Ok. I don't think it will still matter. Send the pay docs as soon as you can.
I appreciate your accountant wants to stick to process but HMRC is unlikely to question early submission - even if they do your immigration application is a valid reason.
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.

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Re: Tier1 50k to ILR

Post by bizman » Mon Feb 11, 2019 11:42 am

Xeesee
Marcnarth is right. Don’t always think the CW are not reasonable, I can’t see anyway you could be penalised for few days. You could pay your employees as you choose, anytime of the month. Let me ask you how do you pay your employee, weekly or monthly
Bizman

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 12:11 pm

marcnath wrote:
Mon Feb 11, 2019 11:11 am
Ok. I don't think it will still matter. Send the pay docs as soon as you can.
I appreciate your accountant wants to stick to process but HMRC is unlikely to question early submission - even if they do your immigration application is a valid reason.
Thanks again marcnath.

I will send 24 months FPS and salary slips starting from 01-03-2017 to 28-02-2019 and send march 2019 FPS and salary slip after that.

Please suggest me submitting application 2 days before completing 24 months on 01-03-2019 will be an issue?

As tier11417 thinks that I should wait till last day of my current leave.

Thnaks

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 12:40 pm

bizman wrote:
Mon Feb 11, 2019 11:42 am
Xeesee
Marcnarth is right. Don’t always think the CW are not reasonable, I can’t see anyway you could be penalised for few days. You could pay your employees as you choose, anytime of the month. Let me ask you how do you pay your employee, weekly or monthly
Thanks bizman for taking time. I'm paying monthly. My accountant generate salary slips and FPS mostly on last Friday of the month.

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marcnath
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Re: Tier1 50k to ILR

Post by marcnath » Mon Feb 11, 2019 12:46 pm

As I have repeatedly said, I don't think it matters.

But it is your decision to make after taking into account all opinions.

It is clear you will meet the 24 months (unless your employee quits a few days before - even then just offering to pay him should meet the requirements) during the last grant of leave and you will do that well before the decision on your application is made.

Just make that clear in your cover letter, make sure your job table shows that the employee is continuing and send the remainder documents as soon as you can.

I can't imagine HO refusing you only because of this.
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.

xeesee
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Posts: 252
Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 1:03 pm

xeesee wrote:
Mon Feb 11, 2019 12:11 pm
marcnath wrote:
Mon Feb 11, 2019 11:11 am
Ok. I don't think it will still matter. Send the pay docs as soon as you can.
I appreciate your accountant wants to stick to process but HMRC is unlikely to question early submission - even if they do your immigration application is a valid reason.
Thanks again marcnath.

I will send 24 months FPS and salary slips starting from 01-03-2017 to 28-02-2019 and send march 2019 FPS and salary slip after that.

Please suggest me submitting application 2 days before completing 24 months on 01-03-2019 will be an issue?

As tier11417 thinks that I should wait till last day of my current leave.

Thnaks
I will send 24 months FPS and salary slips starting from 01-03-2017 to 28-02-2019 and send march 2019 FPS and salary slip after that.

Please suggest me submitting application 2 days before completing 24 months on 01-03-2019 will be an issue?

As tier11417 thinks that I should wait till last day of my current leave.

Does that 28 days rule not applicable in this situation?

Thanks

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Re: Tier1 50k to ILR

Post by bizman » Mon Feb 11, 2019 1:11 pm

Marcnarth has answered this question twice, you don’t need to pay your employee exactly on the last day of work, as a matter of fact you can run your FPS, payslip on the 2nd day of a month in anticipation of the payment at anytime you pay. You will definitely be ok submitting within 28 days to your visa end date.
Bizman

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CULLINAN
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Re: Tier1 50k to ILR

Post by CULLINAN » Mon Feb 11, 2019 1:13 pm

You are again and again asking the same question as Marcnath has given his opinion.

Do you pay monthly?
How many hours on pay slips?
You said your accountant prepares FPS on last friday of the month so in Feb the last Friday is 22nd Feb?
What is your cut off date?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

xeesee
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Posts: 252
Joined: Sun Oct 02, 2016 11:04 am

Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 1:21 pm

marcnath wrote:
Mon Feb 11, 2019 12:46 pm
As I have repeatedly said, I don't think it matters.

But it is your decision to make after taking into account all opinions.

It is clear you will meet the 24 months (unless your employee quits a few days before - even then just offering to pay him should meet the requirements) during the last grant of leave and you will do that well before the decision on your application is made.

Just make that clear in your cover letter, make sure your job table shows that the employee is continuing and send the remainder documents as soon as you can.

I can't imagine HO refusing you only because of this.
Thanks marcnath,

Your suggestions as a senior member means a lot.
I will explain all in a cover letter.

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Mon Feb 11, 2019 1:44 pm

tier11417 wrote:
Mon Feb 11, 2019 1:13 pm
You are again and again asking the same question as Marcnath has given his opinion.

Do you pay monthly?
How many hours on pay slips?
You said your accountant prepares FPS on last friday of the month so in Feb the last Friday is 22nd Feb?
What is your cut off date?
Sorry guys. I missed few massages. It's clear after all this discussion. I will apply on 01-03-2019 and send march documents after.

Thanks a lot you all are helpful.

Tier11417 it's 151hours/ month.

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Fri Mar 01, 2019 3:55 pm

Hello members,

I applied today for my ILR and extension for my family using existing service.

After submitting my application system gave me the address to send all documents.
The address is as below;

Tier1 ILR
Po Box 3468
Sheffield
S3 8WA

I made a mistake while making IHS payment and end up with zero IHS fee and a reference number as well. I put that reference number in the application form and submitted my depandant application as well.

I mentioned that in a cover letter to tell me how to pay IHS for my family.

Can anyone have an idea about this.

At the end of application it's says me to send documents within 15 working days.

Thanks

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Re: Tier1 50k to ILR

Post by bizman » Fri Mar 01, 2019 4:16 pm

What about Biometrics
Bizman

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Fri Mar 01, 2019 4:20 pm

bizman wrote:
Fri Mar 01, 2019 4:16 pm
What about Biometrics
Can give biometric in 15 days as well. System generated biometric letter at the end. Just need to print that letter to take to the post office for biometric.

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Re: Tier1 50k to ILR

Post by bizman » Fri Mar 01, 2019 4:25 pm

You can make the IHS payment online though gov.uk. Then send the generated references with a cover letter to them
Bizman

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Re: Tier1 50k to ILR

Post by bizman » Fri Mar 01, 2019 4:27 pm

Use same address
Bizman

xeesee
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Re: Tier1 50k to ILR

Post by xeesee » Sat Mar 02, 2019 3:54 pm

Hello everyone,

I applied for my ILR yesterday using existing service and will post all documents on Monday. I will really appreciate if anyone can check my documents list and confirm if I need to add anything.

Documents list;

Passport
Printed copy of Application form
Life in UK test certificate
Degree certificate for English language
BRP
Consent form part 1 signed by me
Consent form part 2 signed by my team member
---------------------------------------------------------------------
Family's passport
Application form
Bank statement for maintenance
Cohabitation documents
------------------------------------------------------------------------
CAR dated 28-01-2019
CT600
Letter from bank confirming business bank account
----------------------------------------------------------------------
Employee Salary slips 24 months
FPS 24 months
Employee passport copy 1st page

Please confirm and correct me if something is wrong.

Thanks

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CULLINAN
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Re: Tier1 50k to ILR

Post by CULLINAN » Sat Mar 02, 2019 4:23 pm

xeesee wrote:
Sat Mar 02, 2019 3:54 pm
Hello everyone,

I applied for my ILR yesterday using existing service and will post all documents on Monday. I will really appreciate if anyone can check my documents list and confirm if I need to add anything.

Documents list;

Passport
Printed copy of Application form
Life in UK test certificate
Degree certificate for English language
BRP
Consent form part 1 signed by me
Consent form part 2 signed by my team member
---------------------------------------------------------------------
Family's passport
Application form
Bank statement for maintenance
Cohabitation documents
------------------------------------------------------------------------
CAR dated 28-01-2019
CT600
Letter from bank confirming business bank account
----------------------------------------------------------------------
Employee Salary slips 24 months
FPS 24 months
Employee passport copy 1st page

Please confirm and correct me if something is wrong.

Thanks
Looks good. Add CT41G or CT603 if you have. Otherwise dont worry.
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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