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ILR 5 Years teir 1 entrepreneur route

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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nasiaziz
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ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Tue Oct 01, 2019 7:47 pm

Dear members,,
i am helping my friend to apply under teir 1, 5 years route and have a few questions..
Q1: His initial visa was granted outside the country on 17/10/2014 AND he entered uk on 12/11/2014 , he applied extention in feb 2018 which was granted on 30-11-2018. so the question is can he apply for ilr on the 10th of october 2019 or should we wait untill 17 october or till the day he entered the country first,, or can we apply within 28 days of the 17/10/2019 ? we are actually looking to apply somewhere next week so approx 10th oct is that ok?

Q2: for employment we had two employee full time working from the last 2 years so do we need only to send last 12 months payslips FPS etc from the date of application backward upto 12 months only or from beginnning when the posts were created which was during the initial visa before extention.

Thanks

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aman90
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Re: ILR 5 Years teir 1 entrepreneur route

Post by aman90 » Tue Oct 01, 2019 8:12 pm

nasiaziz wrote:
Tue Oct 01, 2019 7:47 pm

Q1: His initial visa was granted outside the country on 17/10/2014 AND he entered uk on 12/11/2014 , he applied extention in feb 2018 which was granted on 30-11-2018. so the question is can he apply for ilr on the 10th of october 2019 or should we wait untill 17 october or till the day he entered the country first,, or can we apply within 28 days of the 17/10/2019 ? we are actually looking to apply somewhere next week so approx 10th oct is that ok?

Q2: for employment we had two employee full time working from the last 2 years so do we need only to send last 12 months payslips FPS etc from the date of application backward upto 12 months only or from beginnning when the posts were created which was during the initial visa before extention.
It would probably help ur friend if you both read the guidance a few times.

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Re: ILR 5 Years teir 1 entrepreneur route

Post by CR001 » Tue Oct 01, 2019 8:22 pm

aman90 wrote:
Tue Oct 01, 2019 8:12 pm
nasiaziz wrote:
Tue Oct 01, 2019 7:47 pm

Q1: His initial visa was granted outside the country on 17/10/2014 AND he entered uk on 12/11/2014 , he applied extention in feb 2018 which was granted on 30-11-2018. so the question is can he apply for ilr on the 10th of october 2019 or should we wait untill 17 october or till the day he entered the country first,, or can we apply within 28 days of the 17/10/2019 ? we are actually looking to apply somewhere next week so approx 10th oct is that ok?

Q2: for employment we had two employee full time working from the last 2 years so do we need only to send last 12 months payslips FPS etc from the date of application backward upto 12 months only or from beginnning when the posts were created which was during the initial visa before extention.
It would probably help ur friend if you both read the guidance a few times.
Or even better, ask your friend to register on the forum and ask their own questions as it is their future ILR at stake and only they will know the ins and outs of their business!!
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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 02, 2019 12:08 am

Since you fall under the exception rule if you apply on 11th Oct 2019, you can claim last 12 months before your ILR application.

11th Oct 2018 - 10th Oct 2019.

Note you will need to send Oct 2019 FPS also.
Note you can only claim immediately 12 months before the date of ILR.
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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 02, 2019 12:16 am

You need to understand the exception rule.

I will try to elaborate:

If you apply on 10th Oct 2019

You can only claim from 10th Oct 2018 - 9th Oct 2019.

If you apply on 11th Oct 2019

You can claim from 11th Oct 2018 - 10th Oct 2019

So immediately 12 months BEFORE your date of ILR ONLY.

Note: In both cases you will have to send in Oct 2019 FPS-RTI and wage slips to claim for Oct 2019 month.

Note: You need 2 FT JOBS that existed 12 months each during the period of claim as stated above.
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nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Wed Oct 02, 2019 7:31 pm

CULLINAN wrote:
Wed Oct 02, 2019 12:16 am
You need to understand the exception rule.

I will try to elaborate:

If you apply on 10th Oct 2019

You can only claim from 10th Oct 2018 - 9th Oct 2019.

If you apply on 11th Oct 2019

You can claim from 11th Oct 2018 - 10th Oct 2019

So immediately 12 months BEFORE your date of ILR ONLY.

Note: In both cases you will have to send in Oct 2019 FPS-RTI and wage slips to claim for Oct 2019 month.

Note: You need 2 FT JOBS that existed 12 months each during the period of claim as stated above.
Thanks for your reply
but for october 2019 fps will be submitted end of the month so how can i send it in advance..
can i not send from october 2018 to september 2019 as complete 12 months because i wont have any fps for 12 days.. its a bit confusing

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 02, 2019 7:44 pm

nasiaziz wrote:
Wed Oct 02, 2019 7:31 pm
CULLINAN wrote:
Wed Oct 02, 2019 12:16 am
You need to understand the exception rule.

I will try to elaborate:

If you apply on 10th Oct 2019

You can only claim from 10th Oct 2018 - 9th Oct 2019.

If you apply on 11th Oct 2019

You can claim from 11th Oct 2018 - 10th Oct 2019

So immediately 12 months BEFORE your date of ILR ONLY.

Note: In both cases you will have to send in Oct 2019 FPS-RTI and wage slips to claim for Oct 2019 month.

Note: You need 2 FT JOBS that existed 12 months each during the period of claim as stated above.
Thanks for your reply
but for october 2019 fps will be submitted end of the month so how can i send it in advance..
can i not send from october 2018 to september 2019 as complete 12 months because i wont have any fps for 12 days.. its a bit confusing
No. Read the exception rule. You can only claim for the period (12 months) IMMEDIATELY before the date of ILR application.

If you wanted to rely from 1-10-2018 to 30-9-2019, you should have applied exactly on 1st Oct 2019 but its too late now.

You will have to get an early FPS - RTI for Oct 2019. Your accountant can do it for you.

Note: Dont confuse yourself with the normal standard rule. You fall under the exception rule if you apply anytime before 30–11-2019.
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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 02, 2019 7:50 pm

Normal rule: 2 FT jobs AFTER extension that existed for 12 months each.

Exception rule: IF date of ILR application is less than 12 months from date of extension, then you may claim for 2 FT jobs that existed immediately 12 months before the date of ILR.

You fall under the exception rule if you apply anytime before 30/11/2019.
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nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Wed Oct 02, 2019 8:07 pm

CULLINAN wrote:
Wed Oct 02, 2019 7:50 pm
Normal rule: 2 FT jobs AFTER extension that existed for 12 months each.

Exception rule: IF date of ILR application is less than 12 months from date of extension, then you may claim for 2 FT jobs that existed immediately 12 months before the date of ILR.

You fall under the exception rule if you apply anytime before 30/11/2019.
Ok so if we submit rti for month of october now which i know you can submit in advance aswell can we do that. note that rti which will be submitted in advance for this month would be for the whole month upto 31/10/2019 and not upto the date of application 10/10/2019.. because in the previous RTI's submitted they were for end of the month upto 30/31st of each month so now we cannot just submit for 10 days.
can you also send me the link to the exception rule so i can read it.thanks

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aman90
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Re: ILR 5 Years teir 1 entrepreneur route

Post by aman90 » Thu Oct 03, 2019 8:29 am

nasiaziz wrote:
Wed Oct 02, 2019 8:07 pm

..in advance for this month would be for the whole month upto 31/10/2019 and not upto the date of application 10/10/2019.. because in the previous RTI's submitted they were for end of the month upto 30/31st of each month so now we cannot just submit for 10 days.
Yes..it shall be for the full month and as weird as it sounds it’s perfectly legal and accepted by HO.
Keep in mind evidentiary documents must be scanned & uploaded on to UKVCAS site by or on biometric appointment.

nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Sat Oct 05, 2019 9:50 pm

once we apply for ilr and have the last visa and passport with us as it would expire in 2020 can we travel?

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Sat Oct 05, 2019 10:25 pm

nasiaziz wrote:
Sat Oct 05, 2019 9:50 pm
once we apply for ilr and have the last visa and passport with us as it would expire in 2020 can we travel?
No
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nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Tue Oct 08, 2019 10:24 pm

Hi all,
on the application it asks for date of entry as i mentioned in my early post that visa was granted on 17/10/2014 and applicant was entered on 12/11/2014. so what date to put on application. if we put 12/11/2014 then the application is not within 28 days of the entry date and theres no other option where we can put the visa issued date. or how do we mention the days between 17/10/2014 to 12/11/2014 as the days spent out side the uk which will go towards the days spent out of the country during the year.

question 2: have you previously lived in a country outside the uk including the country of your birth so my country of birth was pakistan where i lived all life how do i put those dates or shall i just select option NO.
Thanks

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aman90
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Re: ILR 5 Years teir 1 entrepreneur route

Post by aman90 » Tue Oct 08, 2019 11:12 pm

nasiaziz wrote:
Tue Oct 08, 2019 10:24 pm
1. Date of entry- is the date the applicant entered the UK.. whatever you stated ahead is irrelevant.
2. Say Yes, and answer any following questions as correctly as possible. If you have lived no place else then you should have no problem with the dates.. the operative word is LIVED not visited

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 09, 2019 1:09 am

nasiaziz wrote:
Tue Oct 08, 2019 10:24 pm
Hi all,
on the application it asks for date of entry as i mentioned in my early post that visa was granted on 17/10/2014 and applicant was entered on 12/11/2014. so what date to put on application. if we put 12/11/2014 then the application is not within 28 days of the entry date and theres no other option where we can put the visa issued date. or how do we mention the days between 17/10/2014 to 12/11/2014 as the days spent out side the uk which will go towards the days spent out of the country during the year.

question 2: have you previously lived in a country outside the uk including the country of your birth so my country of birth was pakistan where i lived all life how do i put those dates or shall i just select option NO.
Thanks
Your 5 years continuous period starts from the visa issue date that is 17/10/2014. So you can submit your application up to 28 days before 17/10/2019. Given you meet all other requirements, you qualify even today.

1) Mention the date “entered” as the form asks for. HO knows the rules where to count the residency period from. The days between visa issue date and entry date will go towards the absence yes.

2) DOB till you lived in Pakistan. Assuming you did not “live” elsewhere, it'll be DOB till 12/11/2014 plus any other countries you lived in (if any).
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Wed Oct 09, 2019 9:28 am

CULLINAN wrote:
Wed Oct 09, 2019 1:09 am
nasiaziz wrote:
Tue Oct 08, 2019 10:24 pm
Hi all,
on the application it asks for date of entry as i mentioned in my early post that visa was granted on 17/10/2014 and applicant was entered on 12/11/2014. so what date to put on application. if we put 12/11/2014 then the application is not within 28 days of the entry date and theres no other option where we can put the visa issued date. or how do we mention the days between 17/10/2014 to 12/11/2014 as the days spent out side the uk which will go towards the days spent out of the country during the year.

question 2: have you previously lived in a country outside the uk including the country of your birth so my country of birth was pakistan where i lived all life how do i put those dates or shall i just select option NO.
Thanks
Your 5 years continuous period starts from the visa issue date that is 17/10/2014. So you can submit your application up to 28 days before 17/10/2019. Given you meet all other requirements, you qualify even today.

1) Mention the date “entered” as the form asks for. HO knows the rules where to count the residency period from. The days between visa issue date and entry date will go towards the absence yes.

2) DOB till you lived in Pakistan. Assuming you did not “live” elsewhere, it'll be DOB till 12/11/2014 plus any other countries you lived in (if any).

Thanks for your quick response.

also i had two part time jobs which i want to combine and claim as one full time but like on paper application before the job box does not show if i can combine one job with another on the online form would home office automatically combine them ?
thanks

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 09, 2019 2:29 pm

nasiaziz wrote:
Wed Oct 09, 2019 9:28 am
CULLINAN wrote:
Wed Oct 09, 2019 1:09 am
nasiaziz wrote:
Tue Oct 08, 2019 10:24 pm
Hi all,
on the application it asks for date of entry as i mentioned in my early post that visa was granted on 17/10/2014 and applicant was entered on 12/11/2014. so what date to put on application. if we put 12/11/2014 then the application is not within 28 days of the entry date and theres no other option where we can put the visa issued date. or how do we mention the days between 17/10/2014 to 12/11/2014 as the days spent out side the uk which will go towards the days spent out of the country during the year.

question 2: have you previously lived in a country outside the uk including the country of your birth so my country of birth was pakistan where i lived all life how do i put those dates or shall i just select option NO.
Thanks
Your 5 years continuous period starts from the visa issue date that is 17/10/2014. So you can submit your application up to 28 days before 17/10/2019. Given you meet all other requirements, you qualify even today.

1) Mention the date “entered” as the form asks for. HO knows the rules where to count the residency period from. The days between visa issue date and entry date will go towards the absence yes.

2) DOB till you lived in Pakistan. Assuming you did not “live” elsewhere, it'll be DOB till 12/11/2014 plus any other countries you lived in (if any).

Thanks for your quick response.

also i had two part time jobs which i want to combine and claim as one full time but like on paper application before the job box does not show if i can combine one job with another on the online form would home office automatically combine them ?
thanks
The online form asks about the “JOB” first and then asks about the “employees” who fulfilled that JOB.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Wed Oct 09, 2019 7:39 pm

CULLINAN wrote:
Wed Oct 09, 2019 2:29 pm
nasiaziz wrote:
Wed Oct 09, 2019 9:28 am
CULLINAN wrote:
Wed Oct 09, 2019 1:09 am
nasiaziz wrote:
Tue Oct 08, 2019 10:24 pm
Hi all,
on the application it asks for date of entry as i mentioned in my early post that visa was granted on 17/10/2014 and applicant was entered on 12/11/2014. so what date to put on application. if we put 12/11/2014 then the application is not within 28 days of the entry date and theres no other option where we can put the visa issued date. or how do we mention the days between 17/10/2014 to 12/11/2014 as the days spent out side the uk which will go towards the days spent out of the country during the year.

question 2: have you previously lived in a country outside the uk including the country of your birth so my country of birth was pakistan where i lived all life how do i put those dates or shall i just select option NO.
Thanks
Your 5 years continuous period starts from the visa issue date that is 17/10/2014. So you can submit your application up to 28 days before 17/10/2019. Given you meet all other requirements, you qualify even today.

1) Mention the date “entered” as the form asks for. HO knows the rules where to count the residency period from. The days between visa issue date and entry date will go towards the absence yes.

2) DOB till you lived in Pakistan. Assuming you did not “live” elsewhere, it'll be DOB till 12/11/2014 plus any other countries you lived in (if any).

Thanks for your quick response.

also i had two part time jobs which i want to combine and claim as one full time but like on paper application before the job box does not show if i can combine one job with another on the online form would home office automatically combine them ?
thanks
The online form asks about the “JOB” first and then asks about the “employees” who fulfilled that JOB.
yes i know my question is how do i tell them that i want to combine two part time jobs running at the same time to claim equivalent to one full time job. as online form doesnt have any option like that and it only ask if job was full time or part time.
thanks

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Wed Oct 09, 2019 7:54 pm

Just list all the employees against that job whether part time or full time.

The two part timers you are combining, mention that in the cover letter.

As I have previously mentioned on other threads, job creation is one of the most important aspect of the ILR process. Personally, I provided a clear break down of the jobs/employees/hours and how I meet the requirement on the cover letter so its clear to the CW.

I had to run a dummy application to see if the online form gives an option to combine two part timers. Seems like it does not. Clarify it in the cover letter.
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nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Thu Oct 10, 2019 1:22 pm

thanks for your help and reply
i previously searched the board and saw that we have to put director duties and job description and same for the employees but theres nothing like this on the online form,
thanks

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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Thu Oct 10, 2019 1:49 pm

nasiaziz wrote:
Thu Oct 10, 2019 1:22 pm
thanks for your help and reply
i previously searched the board and saw that we have to put director duties and job description and same for the employees but theres nothing like this on the online form,
thanks
Your source of information should be the official guidance NOT the online form itself. The online form/checklist is not accurate and have some flaws. Read the guidance. And yes its mandatory.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Thu Oct 10, 2019 6:21 pm

ok thanks
so where do i put job description i dont see it either on the guidance itself.
thanks

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CULLINAN
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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Thu Oct 10, 2019 6:26 pm

nasiaziz wrote:
Thu Oct 10, 2019 6:21 pm
ok thanks
so where do i put job description i dont see it either on the guidance itself.
thanks
Do some homework. Search the forum. Read the guidance properly. There are numerous threads on this topic.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

nasiaziz
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Re: ILR 5 Years teir 1 entrepreneur route

Post by nasiaziz » Fri Oct 11, 2019 6:03 pm

The consent form which is 3 parts do i only need to sign part 1, because theres no one else joint account with me and their any sponser. so only sign part 1 and scan or all?
thanks

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Re: ILR 5 Years teir 1 entrepreneur route

Post by CULLINAN » Fri Oct 11, 2019 6:07 pm

nasiaziz wrote:
Fri Oct 11, 2019 6:03 pm
The consent form which is 3 parts do i only need to sign part 1, because theres no one else joint account with me and their any sponser. so only sign part 1 and scan or all?
thanks
Part 1 only in your case.
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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