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Tier 1 Entrepreneur Team Member Got 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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NEXTSTEPUK
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Tier 1 Entrepreneur Job creation confusion for ILR

Post by NEXTSTEPUK » Sat Jan 13, 2018 9:24 pm

Dear all respected members.
I am confused regarding the job creation issue. I got my initial Tier 1 Entrepreneur visa on 28th October 2013 which expired on 28 October 2016 and got extension on 23 Jan 2017 which is going to expire on 23 Jan 2019. I am completing my 5 years on 28 October 2018 and planning to apply ILR on 3rd of October 2018. As I am on pre April 2014 transitional arrangement so please advise on the following issues.
When I will apply for ILR on 3rd October 2018, the job creation will be as under. I will use the job creation from the month of February 2017 after my extension approval on 23rd January 2017.
Job 1Full Time
20 months Full time as account officer
20 months = 80 weeks
80 weeks x 30 hours per week = 2400 Hours
Job 2 Full Time
8 months Full time as marketing officer
8 months = 32 weeks
32 weeks x 30 Hours per week = 960 Hours
Job 3 Part Time
15 months part time as admin officer
15 months = 60 weeks
60 weeks x 21 hours per week = 1260 Hours
Job 4 Part Time
15 months part time as data entry operator
15 months = 60 weeks
60 weeks x 28 hours per week = 1680 hours
Job 5 Part Time
9 months part time as Field officer
9 months = 36 weeks
36 weeks x 21 hours per week = 756 hours

First Option
I want to use the full time jobs only as both full time jobs completing 28 months of the full time employment. I have the following issues/confusion regarding the full time jobs:
• Job 1 exist for more than 12 months as account officer
• Job 2 exist less than 12 months as marketing officer
Can I use these both full time jobs for points scoring knowing the fact that 1 jobs exit for 12 months and other job exits for 8 months and both jobs are different roles? Or both jobs must exist for 12 months period.
Second Option
I can use one full time job 1 of account officer which exist more than 12 months and combine the two part time jobs 3 (admin officer ) and job 4 ( Data Entry Operator) to make one full time jobs. Both part time jobs 3 and 4 exist more than 12 months period. These both part time jobs are also different roles
Please advice
Hours Calculations:
Option 1
Job 1 full time = 2400 hours
Job 2 full time = 960 hours
Total Hours= 3360 hours
Option 2
Job 1 full time = 2400 hours
First part time job = 1260 Hours
Second Part time job= 1680 hours
Issue in part time jobs: A full time jobs is equal to 52 weeks x 30 hours = 1560 hours
But in the above both part time jobs 1260+1680= 2940/2= 1470 hours which is (1560-1470) 90 hours less than a full time job hours. But if we add job 1 full time 2400 hours and both part time jobs 1470 hours then the total hours become 3870 hours which is more than required 3120 hours. Please advise.
I am not using par time job 5 of field officer anywhere.
Thanks and Regards
Note: I am on pre April 2014 transitional arrangement

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marcnath
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by marcnath » Sat Jan 13, 2018 9:41 pm

Why do people even bother about total hours ?
With Employee 1 and 2, you have 28 months of FT job, which is much more than the 24 months needed.
Since you are under the transitional arrangement, any combination is allowed for the job creation.
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.

ishfaqsangra
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by ishfaqsangra » Sat Jan 13, 2018 9:46 pm

Pre April !no 12 month continuous requirement
20+8=28 Will do
I m going to combine 17+7=24
Both different job roles or in other words 2 jobs

Thanks to transitional arrangements, ,,,,ending soon☺

NEXTSTEPUK
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by NEXTSTEPUK » Sun Jan 14, 2018 7:56 pm

Thanks for your reply and highly appreciated

I have one more question. One of my full time employees is on 30K per anum and his pay slip is sowing the Payments details as under:

Basic Pay ---------

Total Payments ----------

Deductions

Income Tax ----------

National Insurance ----------

NEST --------------

Total Deductions ---------------

Net pay -----------------

Its not showing the number of hours or per hour rate . Its showing the lump sum amount only and then income tax and other deductions.Is it ok or i have to change it to hourly rate and number of hours . All of other employees pay slips showing the number of hours and the hourly rate as well.

Thanks and Regards

sheraz78
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by sheraz78 » Sun Jan 14, 2018 8:19 pm

You can send the job contract which confirm the contracted hours

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marcnath
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by marcnath » Sun Jan 14, 2018 9:23 pm

sheraz78 wrote:
Sun Jan 14, 2018 8:19 pm
You can send the job contract which confirm the contracted hours
There is no need to send job contracts... and I would suggest you don't.

The hourly rate is a mandatory entry in the job table - there is a column for that.

CWs will use that information - there is no need for you to provide evidence of that, update payslips or do anything else.
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.

NEXTSTEPUK
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by NEXTSTEPUK » Sun Jan 21, 2018 7:49 pm

All respected Members,

I have just visited my solicitor to discuss my ILR options. He advised me that i can go at PEO for the same day decision for my Tier 1 Entrepreneur 5 years route of ILR. I did argue with him that PEO service is not available for Tier Entrepreneur 5 years ILR route but he stick to his words and said when my ILR time come just let him know and he will book the appointment for me for the normal ILR fee £2297 + 590= £2887. Please advise

Thanks

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zimba
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by zimba » Sun Jan 21, 2018 9:26 pm

He is wrong. Premium service is NOT available when applying under Tier 1E route
https://www.gov.uk/ukvi-premium-service ... he-service
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

NEXTSTEPUK
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Posts: 23
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Tier 1 Entrepreneur Team Member Got ILR

Post by NEXTSTEPUK » Mon Apr 02, 2018 5:36 pm

Dear All,

I am going to apply ILR on Tier 1 Entrepreneur 5 Years Route in October 2018. And my Tier 1 Entrepreneur team member got his ILR in November 2017 using the 10 years long residency route. But he is still my business partner and we are running the business smoothly. We together have created all the employments for our business. After his ILR the same employment is continuous and i am going to claim points on the same employees and employment. Is his ILR will make any impact on the employment claiming points . We have more than 2 full time employments for more than 24 months . Please advise

Regards

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CR001
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Re: Tier 1 Entrepreneur Job creation confusion for ILR

Post by CR001 » Mon Apr 02, 2018 5:40 pm

Topics Merged (click)

Kindly keep ALL your ILR questions in ONE topic (this one) and refrain from posting ILR questions in the Tier 1 Entrepreneur sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Tier 1 Entrepreneur Team Member Got ILR

Post by zimba » Tue Apr 03, 2018 10:58 am

NEXTSTEPUK wrote:
Mon Apr 02, 2018 5:36 pm
Dear All,

I am going to apply ILR on Tier 1 Entrepreneur 5 Years Route in October 2018. And my Tier 1 Entrepreneur team member got his ILR in November 2017 using the 10 years long residency route. But he is still my business partner and we are running the business smoothly. We together have created all the employments for our business. After his ILR the same employment is continuous and i am going to claim points on the same employees and employment. Is his ILR will make any impact on the employment claiming points . We have more than 2 full time employments for more than 24 months . Please advise

Regards
NO it will not have any impact on yours
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

NEXTSTEPUK
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Joined: Sat Jan 13, 2018 7:00 pm

Re: Tier 1 Entrepreneur Team Member Got ILR

Post by NEXTSTEPUK » Mon Apr 09, 2018 2:21 am

Dear All,

The cohabitation documents for my dependent ILR application should be original paper billing/statements or we can download the online and take the print. Please advise

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marcnath
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Re: Tier 1 Entrepreneur Team Member Got ILR

Post by marcnath » Mon Apr 09, 2018 6:59 am

NEXTSTEPUK wrote:
Mon Apr 09, 2018 2:21 am
Dear All,

The cohabitation documents for my dependent ILR application should be original paper billing/statements or we can download the online and take the print. Please advise
Get as many originals as you can and use downloaded ones for the rest - there is no explicit specification for these documents.
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.

NEXTSTEPUK
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Posts: 23
Joined: Sat Jan 13, 2018 7:00 pm

Re: Tier 1 Entrepreneur Team Member Got ILR

Post by NEXTSTEPUK » Mon Apr 09, 2018 9:07 pm

Dear All,

I am going to apply ILR in October 2018 using the Tier 1 Entrepreneur 5 Years Route . My team member already got the ILR in 2017 using 10 Years long residency route. Could you please advise about the filling of SET(O) form on the following points :

X2. Are you part of an entrepreneurial team?
Yes please go to question X3.
No If you are applying for settlement after 5 years, please go to the 5 Year Settlement
section. If you are applying for Accelerated Settlement (3 years), please go to the
Accelerated Settlement section

Please advise should i tick Yes or No, on the above point .


B3. Tier 1 (Entrepreneur) migrants investing in the same business who are not part of an
entrepreneurial team may not use the same evidence of job creation. By entrepreneurial team
members, we mean people applying under this provision of the Immigration Rules. Are you the
sole partner or director in your business?
Yes go to B5
No please complete table B4

5.3 Are you working in the UK? Yes No If so, what is your pay
each month after income
tax and other deductions?

I was not drawing regular salary from my business but now from last 1 year i am drawing £675 as salary from my business and this is the net salary . Should i mention the salary only or add the business income as well .



Please advise

Regards

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marcnath
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Re: Tier 1 Entrepreneur Team Member Got ILR

Post by marcnath » Tue Apr 10, 2018 1:40 pm

NEXTSTEPUK wrote:
Mon Apr 09, 2018 9:07 pm
Dear All,

I am going to apply ILR in October 2018 using the Tier 1 Entrepreneur 5 Years Route . My team member already got the ILR in 2017 using 10 Years long residency route. Could you please advise about the filling of SET(O) form on the following points :

X2. Are you part of an entrepreneurial team?
Yes please go to question X3.
No If you are applying for settlement after 5 years, please go to the 5 Year Settlement
section. If you are applying for Accelerated Settlement (3 years), please go to the
Accelerated Settlement section

Please advise should i tick Yes or No, on the above point .

==> I would say no, but inform the history included team member details in the cover letter.
B3. Tier 1 (Entrepreneur) migrants investing in the same business who are not part of an
entrepreneurial team may not use the same evidence of job creation. By entrepreneurial team
members, we mean people applying under this provision of the Immigration Rules. Are you the
sole partner or director in your business?
Yes go to B5
No please complete table B4
==> Are you the only Director ? If so, answer Yes. Otherwise No
5.3 Are you working in the UK? Yes No If so, what is your pay
each month after income
tax and other deductions?

I was not drawing regular salary from my business but now from last 1 year i am drawing £675 as salary from my business and this is the net salary . Should i mention the salary only or add the business income as well .

==> Salary only

Please advise

Regards
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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