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Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 9:40 am
by ukbusiness2016
Hello,

I am going to make an application for ILR after completing 5 years on the Tier 1 Entrepreneur visa later this year. Although I have read the policy guidance etc there are a few questions I would really appreciate some help with.

1. As part of my extension application I showed proof of funds being invested (£200k) - Do I need to submit a new set of accounts with my ILR application?

2. Do I need to show anything in terms of documentation beyond the following:
- UK based company
- Directorship and Shareholding Pattern (CAR - dated within 3 months)
- Proof of Employment
- Maintenance Funds
- English Language requirement

3. Anything other than the SET(O) form that needs to be filled?

Thank you very much.

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 9:49 am
by seasky
Life in UK test

No need for maintenance

No need for proof of investment (only relevant for those applying ILR after 3 years as this is their first opportunity to do so)

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 9:59 am
by ukbusiness2016
Thank you so much!

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 10:18 am
by kingraja
Which English test you provided in your last application? It is depend on test otherwise you have to retake the ukvi approved test again.

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 10:30 am
by seasky
Also english has been established in your original application and extension so not sure you need it. But better get info from others.

and you write in forms "XXXXX established in original application" etc

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 10:40 am
by ukbusiness2016
kingraja wrote:
Tue Jan 16, 2018 10:18 am
Which English test you provided in your last application? It is depend on test otherwise you have to retake the ukvi approved test again.
I didnt provide anything during my extension application as I already submitted a university degree with my initial application.

Re: Tier 1 Entrepreneur to ILR

Posted: Tue Jan 16, 2018 12:11 pm
by seasky
Always make things clear in Covering Letter. "My English qualifications were proven in my initial T1 entrepreneur application based on my university degree: details"

Set (O) Form Section 5

Posted: Thu Jan 18, 2018 5:14 pm
by ukbusiness2016
Hello,

I am applying for my ILR from Tier 1 Entrepreneur status. I have the following questions, would appreciate some help.

1. Do I need to complete Section 5?
2. If yes, what would my answer to Q5.3 be? (are you working in the UK? If so what is your pay each month after income tax and other deductions)

I am only running my business and as it stands I do not pay myself a salary.

3. Q5.6 states - You must complete all 5 boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (your employer will be able to provide you with these details).

Am I right in assuming I am not required to fill this?

4. Q5.7 Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.6 that you and your partner are relying on to maintain you and any dependants adequately.

Thank you.

Re: Set (O) Form Section 5

Posted: Thu Jan 18, 2018 5:18 pm
by CR001
Kindly keep all your questions on the same application in ONE topic. Multiple Topics/Posts - Topics Merged (click)

Re: Set (O) Form Section 5

Posted: Thu Jan 18, 2018 5:20 pm
by ukbusiness2016
CR001 wrote:
Thu Jan 18, 2018 5:18 pm
Kindly keep all your questions on the same application in ONE topic. Multiple Topics/Posts - Topics Merged (click)
Hi,

I did create a new topic, not sure how stuff from my previous post came here. I specifically created a new topic under a new title.

Re: Set (O) Form Section 5

Posted: Thu Jan 18, 2018 5:22 pm
by CR001
ukbusiness2016 wrote:
Thu Jan 18, 2018 5:20 pm
Hi,

I did create a new topic, not sure how stuff from my previous post came here. I specifically created a new topic under a new title.
Do not start a new topic with each question you have on the same application, hence the link I have provided regarding multiple posts - read it.

I have MERGED your topics.

Re: Set (O) Form Section 5

Posted: Sun May 06, 2018 4:31 pm
by fatguyslim
ukbusiness2016 wrote:
Thu Jan 18, 2018 5:14 pm
Hello,

I am applying for my ILR from Tier 1 Entrepreneur status. I have the following questions, would appreciate some help.

1. Do I need to complete Section 5?
2. If yes, what would my answer to Q5.3 be? (are you working in the UK? If so what is your pay each month after income tax and other deductions)

I am only running my business and as it stands I do not pay myself a salary.

3. Q5.6 states - You must complete all 5 boxes below if you are applying as a work permit holder, a Tier 2 (General), Tier 2 (Sports Person) or a Tier 2 (Intra company transfer) migrant (your employer will be able to provide you with these details).

Am I right in assuming I am not required to fill this?

4. Q5.7 Complete the following table indicating the sources and levels of income as indicated in 5.1 - 5.6 that you and your partner are relying on to maintain you and any dependants adequately.

Thank you.
Would like to know the answer to his question please? Do we have to complete Section 5 of Set (o) form if we are applying 5 year Tier 1 Entrepreneur?

Employment for Tier 1 Entrepreneur

Posted: Thu Jun 14, 2018 12:20 pm
by ukbusiness2016
Hello,

I shall by applying for my ILR next month under Tier 1 Ent 5 year route. I received my Tier 1 Entrepreneur Initial application approval letter dated 18/07/2013 however my biometric card 'Issue Date' says 02/08/2013.
My extension application was approved and the biometric card Issue Date is 19/08/2016.

1. Am I correct in assuming I qualify to apply for my ILR from 05/07/2018 onwards?
2. I have had ongoing employment since 2013 however I had a short break from November 2016 - Feb 2017. I wish to submit employment post Feb 2017 only to avoid confusion.

Employee 1: 01 March 2017 - 30 June 2017 (Part time - 4 months)
Employee 2: 01 March 2017 - 31 August 2017 (Full time - 6 months)
(He took up a job elsewhere but was unhappy and returned to my business again)
01 Jan 2018 - ongoing (Full time - 7 months in July)
Employee 3: 01 August 2017 - ongoing (Full time - 12 months in July)
Employee 4: 01 Sept 2017 - ongoing (Full time - 11 months in July)

Since I am pre April 2014 and can make use of the transitional arrangements, I believe there should be no problems? Should I include my part time employee at all?

All my employees are British nationals.

3. I was away from November 2017 - Jan 2018 for personal reasons and handed over my payroll to someone else to manage. However they had made some mistakes so I had to restore to an old date and rectify it due to which a few submissions (from November to Jan) all show up as being made on the same date in the FPS submission list. Is this going to be a problem?

4. Since the Basic PAYE software does not issue payslips I make them on Excel and email them to my employees. Can I just submit these with my application?

Thank you.

Re: Employment for Tier 1 Entrepreneur

Posted: Thu Jun 14, 2018 3:51 pm
by marcnath
ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
I shall by applying for my ILR next month under Tier 1 Ent 5 year route. I received my Tier 1 Entrepreneur Initial application approval letter dated 18/07/2013 however my biometric card 'Issue Date' says 02/08/2013.
My extension application was approved and the biometric card Issue Date is 19/08/2016.

1. Am I correct in assuming I qualify to apply for my ILR from 05/07/2018 onwards?
You qualify for ILR on 17/7/2018 and can apply 28 days before that, so sometime after next week.
I am assuming the initial BRP validity was until 17/7/2016.

ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
2. I have had ongoing employment since 2013 however I had a short break from November 2016 - Feb 2017. I wish to submit employment post Feb 2017 only to avoid confusion.

Employee 1: 01 March 2017 - 30 June 2017 (Part time - 4 months)
Employee 2: 01 March 2017 - 31 August 2017 (Full time - 6 months)
(He took up a job elsewhere but was unhappy and returned to my business again)
01 Jan 2018 - ongoing (Full time - 7 months in July)
Employee 3: 01 August 2017 - ongoing (Full time - 12 months in July)
Employee 4: 01 Sept 2017 - ongoing (Full time - 11 months in July)

Since I am pre April 2014 and can make use of the transitional arrangements, I believe there should be no problems? Should I include my part time employee at all?
You are correct - you can stick with the FT jobs.
ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
3. I was away from November 2017 - Jan 2018 for personal reasons and handed over my payroll to someone else to manage. However they had made some mistakes so I had to restore to an old date and rectify it due to which a few submissions (from November to Jan) all show up as being made on the same date in the FPS submission list. Is this going to be a problem?
No.
ukbusiness2016 wrote:
Thu Jun 14, 2018 12:20 pm
4. Since the Basic PAYE software does not issue payslips I make them on Excel and email them to my employees. Can I just submit these with my application?
Yes

Re: Set (O) Form Section 5

Posted: Thu Jun 14, 2018 4:43 pm
by ukbusiness2016
Hi, yes my initial BRP was valid till 18/07/2016.
I have a letter dated 18/07/2013 confirming my application was approved. So can I use this as my qualifying date as opposed to 02/08/2013 although the BRP card was issued on 02/08/2013? I am a bit confused about this.

Re: Set (O) Form Section 5

Posted: Thu Jun 14, 2018 11:27 pm
by zimba
ukbusiness2016 wrote:
Thu Jun 14, 2018 4:43 pm
Hi, yes my initial BRP was valid till 18/07/2016.
I have a letter dated 18/07/2013 confirming my application was approved. So can I use this as my qualifying date as opposed to 02/08/2013 although the BRP card was issued on 02/08/2013? I am a bit confused about this.
BRP issue date is not relevant, use the approval date

Employment for Tier 1 Entrepreneur

Posted: Thu Jun 14, 2018 11:38 pm
by ukbusiness2016
Hi Zimba,

Thanks for the response.
Sorry if I sound pedantic, but is there anyone who has used the approval date and been successful?
Would appreciate some response as ideally I would qualify in 5 days. Thanks!

Re: Employment for Tier 1 Entrepreneur

Posted: Fri Jun 15, 2018 12:45 am
by zimba
ukbusiness2016 wrote:
Thu Jun 14, 2018 11:38 pm
Hi Zimba,

Thanks for the response.
Sorry if I sound pedantic, but is there anyone who has used the approval date and been successful?
Would appreciate some response as ideally I would qualify in 5 days. Thanks!
So if someone loses a BRP and gets a new BRP what do you think the issue date will be on the card ?? Will that make him/her lose years of residency ?? :?

Re: Set (O) Form Section 5

Posted: Fri Jun 15, 2018 12:46 am
by ukbusiness2016
Haha excellent point! Thank you for putting me at ease there Zimba! Really appreciate your help!

Tier 1 Entrepreneur to ILR Document List

Posted: Tue Jun 19, 2018 11:36 pm
by ukbusiness2016
Hello,

I shall be applying for my ILR soon and below is the list of documents I am sending. Please let me know if I have missed out on something. Thank you.

1. Passport x2 (my previous passport has my student visa and PSW)
2. Biometric Residence Permit
3. Photograph x2 (name on the back)
4. Application Form (I will be applying online)
5. LIUK Certificate
6. Degree Certificate

Employment Documents

1. Identification for employees (passport copies)
2. Employee Payment Record (for each valid financial year)
3. Employee Year to Date Summary (for each valid financial year)
4. FPS Submissions (only for the relevant period to avoid excessive paperwork)
5. Payslips
6. P45 where necessary

(I am only including 2 & 3 because I did so during my extension application)

Business Activity

1. CAR from Companies House
2. CT41G
3. Business Bank Statements
4. Certificate of Change of Company Name (CT41G etc are on the old business name, I provided this with the extension)

Personal Finance

1. Bank Statements (recent 90 days)

I do have a few questions with regards to the above.

1. Do I need to provide photocopies of all of the documents listed above?
2. Is it alright if I do not have P46 documents to submit?
3. Does the CT41G have to be an original? I used a photocopy during my extension application.
4. Can I use some of the documents that I sent for my extension application since they remain unchanged? Such as the CT41G and Employee Passport copies etc?

Thank you

Re: Tier 1 Entrepreneur to ILR Document List

Posted: Wed Jun 20, 2018 6:11 am
by marcnath
Looks fine overall.
You have a few extra documents.
Answers to your questions below.
ukbusiness2016 wrote:
Tue Jun 19, 2018 11:36 pm
Hello,

I shall be applying for my ILR soon and below is the list of documents I am sending. Please let me know if I have missed out on something. Thank you.

1. Passport x2 (my previous passport has my student visa and PSW)
2. Biometric Residence Permit
3. Photograph x2 (name on the back)
4. Application Form (I will be applying online)
5. LIUK Certificate
6. Degree Certificate

Employment Documents

1. Identification for employees (passport copies)
2. Employee Payment Record (for each valid financial year)
3. Employee Year to Date Summary (for each valid financial year)
4. FPS Submissions (only for the relevant period to avoid excessive paperwork)
5. Payslips
6. P45 where necessary

(I am only including 2 & 3 because I did so during my extension application)

Business Activity

1. CAR from Companies House
2. CT41G
3. Business Bank Statements
4. Certificate of Change of Company Name (CT41G etc are on the old business name, I provided this with the extension)

Personal Finance

1. Bank Statements (recent 90 days)

I do have a few questions with regards to the above.

1. Do I need to provide photocopies of all of the documents listed above? The paper form explicitly asks for it. I don't know about online form.
2. Is it alright if I do not have P46 documents to submit? Yes
3. Does the CT41G have to be an original? I used a photocopy during my extension application.They do request original but not sure how strict they are about it
4. Can I use some of the documents that I sent for my extension application since they remain unchanged? Such as the CT41G and Employee Passport copies etc? Yes

Thank you

Re: Set (O) Form Section 5

Posted: Wed Jun 20, 2018 8:48 am
by ukbusiness2016
Hi,

The online application does not mention any photocopies.

Just to be sure, however, should I include photocopies of everything including the FPS submissions?

Re: Set (O) Form Section 5

Posted: Wed Jun 20, 2018 9:57 am
by ukbusiness2016
Hi,

The online application does not mention any photocopies.

Just to be sure, however, should I include photocopies of everything including the FPS submissions?

Should I also include a list of all successful FPS submissions from the time I started using RTI (list of all FPS submissions from Basic PAYE software) or is that not required?

Thanks

Questions About Online Form

Posted: Wed Jun 20, 2018 5:27 pm
by ukbusiness2016
Hello,

Some of my questions may have an obvious answer but would appreciate help with the same. Thank you.

1. When did you first enter the UK (This is the date you entered the UK when the period of stay you are basing this application on started.)

This should be the date I got approval for Tier 1 Entrepreneur in 2013 (please correct me if I am mistaken and should use date of initial entry - 2009)

2. Since you first entered the UK, have you had any absences from the UK?

Based on the question above, this should be from 2013 and 2009. Is that correct?

3. What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?

Since I am on T1 Entrepreneur, can I choose the option 'other' and mention evidence not provided as it is not required from T1 Entrepreneur migrants? If not what would be an appropriate response?

4. Have you previously lived in a country outside the UK including your country of birth?

The response would be Yes but can I just write I was born and raised there? Is that good enough?

5. Date the job was created ?

Should I use the date I employed someone in the position the first time or should I include it from the start date for the existing employee? (I have had a financial controller position since 2014 but the employee performing the role has changed a couple of times and there has been a gap between the old employee leaving and the new starter on both occasions). Please suggest what the correct response would be.

6. Hourly rate paid (in GBP)? I have had some employees since tax year 16-17 who are on minimum wage so their wage has gone up each tax year. Should I use the most recent wage when asked for their hourly wage?

Thank you!

Re: Questions About Online Form

Posted: Wed Jun 20, 2018 5:54 pm
by marcnath
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

1. When did you first enter the UK (This is the date you entered the UK when the period of stay you are basing this application on started.)

This should be the date I got approval for Tier 1 Entrepreneur in 2013 (please correct me if I am mistaken and should use date of initial entry - 2009)
Assuming you switched in country, it is the date of grant of T1E
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

2. Since you first entered the UK, have you had any absences from the UK?

Based on the question above, this should be from 2013 and 2009. Is that correct?
Correct
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

3. What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?

Since I am on T1 Entrepreneur, can I choose the option 'other' and mention evidence not provided as it is not required from T1 Entrepreneur migrants? If not what would be an appropriate response?
Yes
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

4. Have you previously lived in a country outside the UK including your country of birth?

The response would be Yes but can I just write I was born and raised there? Is that good enough?
Yes
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

5. Date the job was created ?

Should I use the date I employed someone in the position the first time or should I include it from the start date for the existing employee? (I have had a financial controller position since 2014 but the employee performing the role has changed a couple of times and there has been a gap between the old employee leaving and the new starter on both occasions). Please suggest what the correct response would be.
2014
ukbusiness2016 wrote:
Wed Jun 20, 2018 5:27 pm

6. Hourly rate paid (in GBP)? I have had some employees since tax year 16-17 who are on minimum wage so their wage has gone up each tax year. Should I use the most recent wage when asked for their hourly wage?
Every change should be indicated by having separate rows for each change