If ILR is refused, is the current visa still valid?

Hi everyone,

I'm eligible for ILR as of Dec 2021. I've currently got 2 employees on the payroll, and wanted to check in about my plan to ensure my employment requirements are met.

I should state that this plan is entirely relying on the updated provision in the Tier 1 guidance stating "The 12 month period employment requirement can be made up of multiple jobs across different months, but must be the equivalent to 2 full time jobs when combined."

Right, so my current employment record during my extension is:

• Employee 1: Dec 2020 + Jan 2021 (2 months)

• Employee 2: Dec 2020 - now (will be 8 months at the end of July 2021)

• Employee 3: May 17 2021 - now (will be 2.5 months at the end of July 2021)

This creates a deficit of 11.5 months as of the end of July 2021.

To make up for this deficit:

• Employee 2: Aug - Nov (4 months)

• Employee 3: Aug - Nov 15 (3.5 months)

• NEW HIRE - Employee 4: Aug - Sep (2 months)

• NEW HIRE - Employee 5: Aug - Sep (2 months)

My intention, at the moment, would be to hire 2 temporary staff to fill the gap between Aug and Sep. To be honest, I don't need the staff, so I'm thinking of creating the positions to help out a few new university graduates, a sort of internship to start their careers. I've already used the Kickstart programme (Employee 3), and we've only been granted the one slot, so no other options there.

At any rate, does anyone see any particular issue with the above plan? This would total 24 months across 5 employees. Employee 2 would be for a full 12 months ("job 1"), with Employees 1,3,4,5 making up the other 12 months total ("job 2"). I guess my prime question is around "multiple jobs across different months" stated in the guidance - does that translate into any combination? Do the jobs have to be sequential, or can they be simultaneous as I'm attempting to do?

Any reassurance (or otherwise) would be very much appreciated.

24 months will be good. Jobs do NOT need to be continious

Thanks Zimba.

Ok, so ultimately all we need to do is craft 24 total months of employment under the revised rule.
In theory, I guess we could have also done 24 jobs at 1 month each, or could we have also done one person across 24 months now?

Just as long as everything eventually totals up to 24 months?

Cheers for the clarification.

This was not the case but changed due to COVID

Hello all,

Prior advice received on this forum has been invaluable. I'm returning to ask additional questions as I prep for my ILR submission on the Tier 1 Entrepreneur route.

I'll get straight to the questions:

• One of the employees I'm using to satisfy the hiring criteria was promoted and given a raise in the middle of the qualifying period. When including this job in the online form, do I simply include her initial rate & job title, her revised rate & job title, or do I need to split both her titles as separate "employee" entries against that one job?

• As mentioned in prior questions, I'm planning to utilise the COVID provision in the guidance which allows multiple jobs across different months to be combined. To that end, I have 4 individuals being combined to satisfy one full job. As it happens, 3 of the employees have the same job title, and one has something different. Given that they all have separate hiring timelines (some in parallel), do simply list them all out as separate "jobs", and explain things in the available area for comments in the application?

• I was granted my initial visa in late 2016, but didn't enter the UK until a month later. I've heard you can base your application on the date the initial visa was granted, however is that correct? Or, do I need to use the latter date, the date of entry?

• During my extension application, I did NOT submit FPS statements as they were in an XML format. This was on the advice of my immigration consultant at the time. We provided quite a lot of information in place of that, including payslips, payroll activity detail reports, P11 summaries, HMRC PAYE statements and record of payments, etc. I was granted extension on this basis. What is the current thinking around XML FPS statements?

• I come from an English speaking nation. Do I need to point that out in any deliberate way to ensure I meet the language requirement?

• There is a space in the application to mention Home Office reference numbers. The only one I have at the moment is the old one listed on my extension approval letter. I'll include this, however is there a reason they ask for this?

• I've seen various postings about the availability of priority service for application consideration. It seems that Tier 1 Entrepreneur settlement applications can select these services, as others have been successful in doing so, however I have seen specific mention on the Gov website suggesting otherwise. Perhaps this particular web page is old? I can provide the link if desired, however here is the language used:

The priority and super priority services are not available if you’re applying with a Tier 1 (Entrepreneur) visa.

As always, any help is appreciated!

Hello again,

If anyone (mods or otherwise) can help with my prior post above, it would be hugely appreciated.

Thank you in advance!

Hello everyone. I have a question about the use of my home (flat) as my office. My current home address is my registered office address, and also the place where I do all my work. It is a rented flat. My employees all work from home as well (mostly due to the nature of the business, but also Covid).

Is this an issue as I progress to my ILR application? I guess this question is relevant for anyone, ILR or extension. I've read some posts back in 2019/2020 about the Home Office putting extra checks/scrutiny around people operating out of home addresses.

I have a virtual office address I could use as my registered address. I just never got around to formally updating things on Companies House etc. I should have done this ages ago, as a business decision, to ensure my home address wasn't obvious to customers etc. Even if I did this, though, certain pieces of paperwork (like CT items) would still be at my current home address as I won't have anything more recent if I change my address.

Is it worth it to update the address? Would it be worth it to update the address especially if I was going to put in an application over the next week, or does that look weird?

Thank you in advance. This forum is amazingly helpful.

MrQuestion wrote: ↑

Sat Jan 15, 2022 9:09 pm

Hello everyone. I have a question about the use of my home (flat) as my office. My current home address is my registered office address, and also the place where I do all my work. It is a rented flat. My employees all work from home as well (mostly due to the nature of the business, but also Covid).

Is this an issue as I progress to my ILR application? I guess this question is relevant for anyone, ILR or extension. I've read some posts back in 2019/2020 about the Home Office putting extra checks/scrutiny around people operating out of home addresses.

I have a virtual office address I could use as my registered address. I just never got around to formally updating things on Companies House etc. I should have done this ages ago, as a business decision, to ensure my home address wasn't obvious to customers etc. Even if I did this, though, certain pieces of paperwork (like CT items) would still be at my current home address as I won't have anything more recent if I change my address.

Is it worth it to update the address? Would it be worth it to update the address especially if I was going to put in an application over the next week, or does that look weird?

Thank you in advance. This forum is amazingly helpful.

Using your home address is definitely not in violation of any immigration rules.

I don't think this alone is a reason for additional scrutiny either. And even if there is, if your business is genuine you should be able to handle it.

This has nothing to do with immigration but generally landlords don't like the address being used for business and often put that clause into the rental contract. Hopefully you have that agreed with your landlord

Thanks marcnath. I'll admit I haven't considered the potential issue of the landlord. I'll have to take a look at my rental agreement. That may be reason alone to get things changed up quickly.

Assuming the worst case, and indeed I need to change things to satisfy non-immigration issues, what are the potential follow-on immigration issues?

Two things come to mind:

1) The change would be point-in-time - even if I did this tomorrow (which I likely will), the bottom line is that the CAR report will very clearly state that the new address is practically brand new. I have zero issue in explaining things, and indeed this change would have been made for business reasons anyway (not the least of which being the removal of my private residence from a formal listing like Companies House). However, the fact remains that the home address will have been used this way for quite some time.

2) Regardless of timeline, does falling foul of a tenancy agreement in any way put you in the crosshairs? Certainly wouldn't be a criminal offence (civil, I suppose), but would such a thing still point to "offside activity" and thus give a case worker ammunition? I'm the type of person who always wants to follow the rules - I'm a bit embarrassed about this potential issue, and horrified to think it could cause application problems.

MrQuestion wrote: ↑

Sat Jan 15, 2022 11:13 pm

Thanks marcnath. I'll admit I haven't considered the potential issue of the landlord. I'll have to take a look at my rental agreement. That may be reason alone to get things changed up quickly.

Assuming the worst case, and indeed I need to change things to satisfy non-immigration issues, what are the potential follow-on immigration issues?

Two things come to mind:

1) The change would be point-in-time - even if I did this tomorrow (which I likely will), the bottom line is that the CAR report will very clearly state that the new address is practically brand new. I have zero issue in explaining things, and indeed this change would have been made for business reasons anyway (not the least of which being the removal of my private residence from a formal listing like Companies House). However, the fact remains that the home address will have been used this way for quite some time.

2) Regardless of timeline, does falling foul of a tenancy agreement in any way put you in the crosshairs? Certainly wouldn't be a criminal offence (civil, I suppose), but would such a thing still point to "offside activity" and thus give a case worker ammunition? I'm the type of person who always wants to follow the rules - I'm a bit embarrassed about this potential issue, and horrified to think it could cause application problems.

On its own, this should not be an issue either way.

I don't think HO does too much nitpicking. These are relatively minor issues that become important only if there are other issues

Thanks again. Given that in mid-December I already took my CAR off of Companies House, and did the print-outs of all of my payslips etc (which all state my current home address), I'm wondering:

1) Do I update my address for non-immigration reasons and re-print all of this information with the new address for the application (the only thing that would NOT have the new address would be the CT document I'm using).

or

2) Submit the application with the paperwork showing the current address on all documents, then update the address for non-immigration reasons after submission.

Any thoughts?

Cheers.

MrQuestion wrote: ↑

Sun Jan 16, 2022 7:29 pm

Thanks again. Given that in mid-December I already took my CAR off of Companies House, and did the print-outs of all of my payslips etc (which all state my current home address), I'm wondering:

1) Do I update my address for non-immigration reasons and re-print all of this information with the new address for the application (the only thing that would NOT have the new address would be the CT document I'm using).

or

2) Submit the application with the paperwork showing the current address on all documents, then update the address for non-immigration reasons after submission.

Any thoughts?

Cheers.

I can't see why it would make any difference. I can't imagine the generally overworked officers are scrutinizing the address, which is not an element anywhere in their guidance documents.

Thanks again. I've decided, for consistency, to submit my application as-is, and look to make the address change within the next few weeks after submission. This way the address will be consistent across each piece of evidence, which will hopefully make things easier for the case worker.

If the address changes whilst an application is being considered, are we required to update the Home Office?

MrQuestion wrote: ↑

Mon Jan 17, 2022 4:47 pm

Thanks again. I've decided, for consistency, to submit my application as-is, and look to make the address change within the next few weeks after submission. This way the address will be consistent across each piece of evidence, which will hopefully make things easier for the case worker.

If the address changes whilst an application is being considered, are we required to update the Home Office?

You don't have to

Hi all,

Some minor queries as I wrap up my T1E ILR application:

1) In prior applications, I've included the biometric page and entry stamp page of my passport only. I've read through several other posts that reference scanning and sending ALL pages in the passport. Is that correct? Have I just gotten lucky in the past?

2) When attempting to consolidate certain files which can't be PDF'ed (FPS XML files, for example), can we use a standard zip folder? Does the HO allow zipped files or folders?

Cheers all.

1. Please do NOT post questions about ILR in the Tier 1 Entrepreneur sub forum.

2. Please keep ALL your questions about ILR in one single topic, this one. All threads now merged into one.

MrQuestion wrote: ↑

Tue Jan 18, 2022 7:05 pm

Hi all,

Some minor queries as I wrap up my T1E ILR application:

1) In prior applications, I've included the biometric page and entry stamp page of my passport only. I've read through several other posts that reference scanning and sending ALL pages in the passport. Is that correct? Have I just gotten lucky in the past?

2) When attempting to consolidate certain files which can't be PDF'ed (FPS XML files, for example), can we use a standard zip folder? Does the HO allow zipped files or folders?

Cheers all.

1) You seem to have been very lucky in the past.
2) You will just have to try uploading - I haven't used it so have no idea

I've never scanned other pages except for the photo page in my applications and all of them went well. Actually UKVCAS took my passport and scanned it for free every time. I bet a lot of people are like me because the checklist never said upload all pages. Probably UKVI instructed UKVCAS to do it.

Hi again,

I submitted my ILR application on 19th Jan, and did my biometrics on 21st Jan.
Thanks to those that assisted in the process to that point.

I have a couple of quick questions/comments about the overall process:

1) I uploaded 21 documents to the UKVCAS. The person taking my biometrics, when she looked at my account, thought there were 20. There are clearly 21, which show even now in my UKVCAS account. I assume she was incorrect, and that the submission will reflect what's showing in the account.

2) I received two email confirmations through the process, including a) payment successful from UKVI, b) supporting information submission from Sopra Steria. I haven't received anything else, specifically from UKVI about my full submission. Is that typical?

3) My UKVCAS account remains oddly editable. It looks to me like, if I wanted, I'd be able to upload additional documents or even cancel the appointment that I've already attended. Is that typical? Seems strange.

Thanks for any assistance!

It is all good. Your UKVCAS account does not reflect anything

Thanks Zimba. Just on question #2, are those the only 2 emails I would typically receive? Do UKVI only contact you or confirm your submission if they need additional documents and/or view your case as complex?

Cheers.

MrQuestion wrote: ↑

Mon Feb 07, 2022 2:58 pm

Thanks Zimba. Just on question #2, are those the only 2 emails I would typically receive? Do UKVI only contact you or confirm your submission if they need additional documents and/or view your case as complex?

Cheers.

UKVCAS and UKVI are NOT the same. UKVCAS is only involved until your application is submitted. UKVI does not confirm anything. The UKVI will contact you if necessary directly

MrQuestion wrote: ↑

Mon Feb 07, 2022 2:58 pm

Thanks Zimba. Just on question #2, are those the only 2 emails I would typically receive? Do UKVI only contact you or confirm your submission if they need additional documents and/or view your case as complex?

Cheers.

That's typical

Hello again. I've just received some upsetting news from back home (my original country). I have a parent who will be going into surgery within 2 weeks. I have not yet received word on my ILR.

What, if anything, can be done? Are there any compassionate grounds for travel during a circumstance like this? Any advice would be appreciated.

Good evening all,

A simple hypothetical question. If ILR is refused, and there is still time left on a person's current visa, are they allowed to continue on that visa? Can they then re-apply for ILR again (assuming they address whatever the issue came up in their refusal)?