ILR Related Questions and Support

Dear Moderator/ Team Members

Can you please help me to answer below questions?

1. 2 job which to be maintained after Tier-1 entrepreneur extension toward ILR route will be counted immediate after grant of extension or from the last submission of payroll record? For example:

Tier- 1 Extension was applied in October 21 and payroll record / data was submitted till September 2021 with extension application. The extension was granted in mid of November. Now next employment counting period will start from October 21 since the payroll data was given till September 21 or will count from the date of extension start date in order to calculate 2 job I.e 2 jobs in one year or one each in two years.

2. Another question if covid relaxation rules are still available i.e. no longer need to employ at least 2 people for 12 consecutive months. 12-month period can be made up of multiple jobs across different months…
3. Do I need IELTS test or my previous certificate which taken at the time of initial tier 1 visa will be ok. The same certificate was used at the time of extension and if this will work at the time of ILR. Also, for children less than 18 year require B1/English test. Do they also require UK for life test? Age 12 and 17 years

Appreciated for your advise.
Thanks

1. You can only count employment from the date your extension was approved for scoring points for your ILR
2. COVID concessions can be used if you can show your business was affected by the pandemic
3. You already qualify for the English language requirement. Children do not have English language or LIUK requirement

Thanks you Zimba.

My question is about further creation of 2 jobs for ILR as below:
• How many hours required to considered one full time employment/job if 130 or 131 hours monthly.
• If 3 part time employees with same job title worked for 130 hours monthly and if this will be considered one full time job.

Appreciated for your kind advise. thanks

Taleem99 wrote: ↑

Mon Nov 07, 2022 1:11 pm

My question is about further creation of 2 jobs for ILR as below:
• How many hours required to considered one full time employment/job if 130 or 131 hours monthly.
• If 3 part time employees with same job title worked for 130 hours monthly and if this will be considered one full time job.

Appreciated for your kind advise. thanks

A full-time job is a job where an employee works at least 30 hours per week.
Job creation requirement is NOT about the employees, it is about a position. You can combine several part-time POSITIONS which each lasted 12 months to make up a full-time position.

I got Tier-1E extension last Dec 2021. I need to transfer some fund from my saving from UAE Bank to UK personal account. Is that OK or if have any effect during ILR application like Home office will ask why you transfer the fund now ?

Due to strict money laundering check, It is always risk to transfer large amount of fund therefore had asked this question pls . Thanks

Taleem99 wrote: ↑

Mon Nov 14, 2022 6:50 pm

I got Tier-1E extension last Dec 2021. I need to transfer some fund from my saving from UAE Bank to UK personal account. Is that OK or if have any effect during ILR application like Home office will ask why you transfer the fund now ?

Due to strict money laundering check, It is always risk to transfer large amount of fund therefore had asked this question pls . Thanks

Not sure the HO is bothered about you moving your money from your account into your account.
They have bigger fishes to fry. You can do what you like with your money.

thanks

Is there any fast track ILR service for Tier 1 Entrepreneur route for main applicant pls- thanks

Dear Moderators, Soon I am due to ILR submission on Tier 1E route. Do I need to submit and prove the investment document again like investment detail and proof of continuity of business while applying ILR.

I am maintaining the 2 employment (jobs) with the same business but the lease has expired six months back and now landlord asking to increase the rent with some issue in the increase electricity price with inclusive of building Insurance plus asking the cost of leakage repairing cost happened recently due to dump or some pipe leaking and we are referring this must be from the landlord side and this causing delay in renewing the lease. But we are continuing paying him the rent based on expired lease through bank transfer.

If lease is not required in the ILR submission then I am safe to submit ILR and to avoid any delay which happening due to late response from landlord and without any final conclusion.

Appreciated for your advice in this difficult situation.

Taleem99 wrote: ↑

Sat Jan 07, 2023 11:14 am

Dear Moderators, Soon I am due to ILR submission on Tier 1E route. Do I need to submit and prove the investment document again like investment detail and proof of continuity of business while applying ILR.

I am maintaining the 2 employment (jobs) with the same business but the lease has expired six months back and now landlord asking to increase the rent with some issue in the increase electricity price with inclusive of building Insurance plus asking the cost of leakage repairing cost happened recently due to dump or some pipe leaking and we are referring this must be from the landlord side and this causing delay in renewing the lease. But we are continuing paying him the rent based on expired lease through bank transfer.

If lease is not required in the ILR submission then I am safe to submit ILR and to avoid any delay which happening due to late response from landlord and without any final conclusion.

Appreciated for your advice in this difficult situation.

Have you read the official Tier 1E guide ?? I keep asking this question over and over from applications under this route as it seems they do not bother to read it. You do NOT need to prove investment at the ILR stage if you demonstrated it during the extension. Your issue with the lease is not relevant to ILR

Thanks Zimba for your reply.

Hi Zimba, I am looking for your kind advise on below query.

Due to personal and medical reason my spouse left UK after extension and now did not fulfill the eligible absence requirement for ILR as most of the time he lived outside.

I am main applicant and sole responsible for my children as from the day one children are my responsibility and I am covering their day-to-day expenses, they are staying with me, they are less than 17 years of age. Moreover, I paying council tax as single person as my spouse is not living permanently in UK and has to visit back home for medical reasons. I live in rented home and paying rent from my personal account and children are living with me permanently.

Can I apply their ILR along with me and If I need to prove further myself as sole responsible for my children as I read in one documents that for children ILR, the 2nd parent also to be qualify for ILR which will not be in my case.

Looking for your kind advise on the type of documents to prove my self as sole responsible for my children for their successful ILR, please.
Thanks

Proving that you have sole responsibility very much depends on your circumstances and is not straightforward. Children normally are expected to follow the immigration path of the less privileged parent.

Following are some of the factors that will be considered in assessing sole responsibility:

•Whether the parents are married/in a civil partnership
•If the marriage/civil partnership is dissolved – which parent was awarded legal custody
•If the sponsoring parent has migrated to the UK – how long have they been separated from the child and what relationship they have with the child
•If the sponsoring parent has migrated to the UK, the nature of the child’s care arrangements before and after they migrated
•Who bears the child’s maintenance costs and at what proportion
•Who makes the important decisions about the child’s upbringing, for example, where the child lives, which school they attend, etc

Thanks, Zimba, for the details. Much appreciated.

The last two factors matching my case like I am bearing the children maintenance cost in 100% like paying them pocket money, daily grocery and cost of living. Bank statement of my children will be provided like monthly fund transfer from the caring parent as proof.

I am responsible for important decision like school, bank and hospital correspondence addressed to my name as care/parent and to our residence address where children are staying with me. These will be provided as evidence. I pick and drop them from school. Moreover, house lease is in my name and will show my children name in the lease staying with me.

Are these evidences will be sufficient to prove sole responsibility as this now really alarming to me.
Thanks

This is up to UKVI. I assume that your relationship has not broken down and your spouse's separation from children has not been quite long, so you might not be able to argue this easily.

Thanks Zimba,
Last question on the same issue like what will be worst situation if home office not agree on the documentary evidence.
•Shall I request for further extension for my children and I will apply ILR for myself first.
•The first thought was to apply ILR together with children with sole responsibility document and take risk.
•or to switch children to another visa category if is wise decision.

We are on Tier1E route and I remember the extension under this route also will be closed soon and not sure if children will be treated under PBS dependent category or on Tier1E ,if further extension is allowed/required.

The last option which is quite difficult to request spouse to join us and to apply all together but this case sure the partner will not get ILR due to short of absence and children also will be affected with refusal. In this case, I am remain the caretaker/guardian of my children since my partner is not supporting financially or day to day matters for children.

What will be the suitable way round suggested?
Really appreciate your suggested advice. Thanks

The Tier 1E route will be closed to main applicants extending but NOT for the PBS dependants. The PBS dependants will be able to extend as usual

Thanks Zimba. Now I understand. In case of ILR refusal for children then I can request for extension for children as PBS dependents. Usually extension will be 3 or 2 years? Is there any limit for extension like if home office allowed more then 2 times..

Taleem99 wrote: ↑

Fri Jan 20, 2023 4:46 pm

Thanks Zimba. Now I understand. In case of ILR refusal for children then I can request for extension for children as PBS dependents. Usually extension will be 3 or 2 years? Is there any limit for extension like if home office allowed more then 2 times..

There is no limit. PBS dependants are granted 3 years of visa if you are an ILR holder

Hi Zimba,
Ref. to my earlier communications on the same subject, before submission, I am trying to fully understand for any available opportunity and same time bit hesitant as well like should I apply ILR for myself or with children together. Below is a brief case history for your kind comments.

1. Two years back I got extension against T1E with my 3 children and spouse. (Children and spouse issued BRP as PBS defendants’ category)
2. Due to some medical reason and health issue, my spouse left UK and now found with excessive absence.
3. Now I am preparing for ILR without spouse and will submit application myself and my children only.
4. I am (female) main applicant from the day one of Tier1E visa granted and responsible for my children. I am taking care their day-to-day expenses, they are living with me, the house lease issued by landlord indicating my children are residing in the same house as their name are marked in the lease with tenants. I am taking tax discount as single parent from local council from the day one since my spouse did not stay permanent in UK. All school, hospital correspondence related to my children are addressed to me only. I am funding their bank account for pocket money and for managing school mess for children.

5. Moreover, 2 and half year back, my spouse issued a document (called special power of attorney) attested by UAE Embassy and full authorized to take care children and made a solely responsible and custodian for wellbeing of children.

My question is if all above evidences are enough to prove me as head of household of my children and will be accepted by Home Office for ILR requirement which I will be submitting for myself and my children altogether without spouse and will justify the clause that for children ILR qualification, i.e both parents also to qualify for ILR for children ILR requirements.

Or first to apply for my self and later for children without 2nd parent

Appreciated for your kind comments if this justification will be ok and accepted by home office as per your experiences.

Thanks

Children will follow the path of the less privileged parent, unless you have sole parental responsibility for your children. This definition is very specific as per the immigration rules.

See 'Sole parental responsibility in this guide: https://assets.publishing.service.gov.u ... tances.pdf

Thanks Zimab. This information really helped. Thanks a lot

Hi Zimba, I am updating Application Form Set (O) and given the list of documents to demonstrate job creation which are RTF payment submission and payslips.

Do we need to provide coded version of RTIs as well or only RTI/FPS submission will be fine. My friend told me that I need to submit RTIs coded version which I have a doubt as this does not specified in the list of documents. thanks

RTI submissions or FPS reports

He said it is coded version of RTIs in addition to RTI and FPS