Immigrationboards.com

Hello everyone

I am planning to apply for ILR (5 year route) by next week and my current leave to remain is Tier 1 Entrepreneur. I have few queries and your help would be highly appreciated! I appreciate some of below queries are common sense question however I have listed all queries where I felt second opinion would be a great peace of mind!

1) Different postal address for SET (O) form and Tier 1 Dependant form

I am applying for SET (O) ILR and I am also applying for my wife who currently not eligible for ILR (only 3 year 5 month completed as dependent) and therefore I have to apply for her visa extension under Tier 1 dependent category (correct me if I am wrong please?)

My concern - I have to post my application for ILR to
“Home Office SET (O) Indefinite Leave to remain PO Box 591 Durham DH1 9FS”
-which is different address to for Tier 1 dependent postal address
“ Home Office Tier 1 Dependants PO Box 496 Durham DH99 1WQ.”

Kindly direct me to any relevant guidance which covers above scenario? Please suggest whether I should send my and my wife’s applications to Set (o) application form postal address or shall I send them separately and add cover letter to explain this?

I am concerned about this as if I am required to send both applications at respective separate addresses and knowing that my wife’s visa application decision is based on the outcome of my application! I am not quite sure Home Office is going to figure out that my wife application is linked to mine and whether this is right procedure to do?

2) SET (O) form – latest version 05/2018

i) Section 5 – 5.3 – I have used my recent SA302 (ending April 2017/2018) to calculate my monthly income and also providing a copy of SA302 as well. Could you suggest whether I have to provide my bank statements or payslips etc as well or SA302 is enough to satisfy this requirement?

ii) Section 6.3 (page 21) states that “What evidence has been provided to support the reasons for all absences from the UK?”
Could anyone advise what evidence should we provide? Are immigration date stamps on my passport pages sufficient to demonstrate this? Or do I have to provide flight/travel ticket/invoices etc?

ii) Section 9 – B.5 states “Please state which specified documents have been provided to demonstrate your job creation (please tick as appropriate):”
There are 6 tick boxes for this and I have relevant documents for first two and last two. My concern is regarding “Employee Payment Records, original HM Revenue & Customs P45 or P46” – I don’t have my employees P45/P46 when they started and they have left now! I have P60, P11, full RTI/FPS for my employees. Could you suggest what documents can I provide to cover this aspect? Or I can get away without satisfying this list as it says “(please tick as appropriate)”

iv) Section 12 – Documents – second paragraph states “All applicants must provide the relevant documents specified in 12A. You must also provide the relevant documents specified in 12B to 12L for the category in which you are applying.”
My concern – Although above states you MUST provide relevant documents specified in 12B to 12L for the category in which you are applying – I have noted that sections from 12J to 12L are missing from the latest version of SET (O) itself? And from section 12B to 12I form covers few other categories (Tier 2, HSMP etc) but not mine (Tier 1 Entrepreneur). Has anyone come across this? I know most of the documents are covered under the guidance and other sections of application form however as this is a separate section do I have to worry about this? Anyway I can’t do much about it but if anyone can suggest any ideas I can take it on-board like explaining this scenario in cover letter etc or may be leave it as it is as I may be overthinking: D?

Thanks in advance your help 

Hello everyone

Just checking if anyone has any thoughts on my queries from above post, didn't get any response yet so thought of posting another request here

I realise my queries seems quite long, however it would be great if anybody would like to comment on anyone or few of them?

Further request to moderators and senior members as well if you could share your opinions as well please?

Hope to hear from you guys soon, have to post my application by this Saturday

Thanks a lot

Hello everyone,

Just checking if anyone is able to see my posts? as no response received on my initial queries posted two days ago?

Thanks

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

1) Different postal address for SET (O) form and Tier 1 Dependant form

Kindly direct me to any relevant guidance which covers above scenario? Please suggest whether I should send my and my wife’s applications to Set (o) application form postal address or shall I send them separately and add cover letter to explain this?

You are right - this is not explicitly stated anywhere, but I would send both together to the SET(O) address with a clear cover letter.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

2) SET (O) form – latest version 05/2018

i) Section 5 – 5.3 – I have used my recent SA302 (ending April 2017/2018) to calculate my monthly income and also providing a copy of SA302 as well. Could you suggest whether I have to provide my bank statements or payslips etc as well or SA302 is enough to satisfy this requirement?

Yes

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

ii) Section 6.3 (page 21) states that “What evidence has been provided to support the reasons for all absences from the UK?”
Could anyone advise what evidence should we provide? Are immigration date stamps on my passport pages sufficient to demonstrate this? Or do I have to provide flight/travel ticket/invoices etc?

This is not proof of travel, but reasons for travel.
And, as a T1E applicant, you don't need to provide reasons, so nothing expected from you on this.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

ii) Section 9 – B.5 states “Please state which specified documents have been provided to demonstrate your job creation (please tick as appropriate):”
There are 6 tick boxes for this and I have relevant documents for first two and last two. My concern is regarding “Employee Payment Records, original HM Revenue & Customs P45 or P46” – I don’t have my employees P45/P46 when they started and they have left now! I have P60, P11, full RTI/FPS for my employees. Could you suggest what documents can I provide to cover this aspect? Or I can get away without satisfying this list as it says “(please tick as appropriate)”

EPR and P45,P46 is only for employees before RTI - which is possibly not applicable in your case.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

iv) Section 12 – Documents – second paragraph states “All applicants must provide the relevant documents specified in 12A. You must also provide the relevant documents specified in 12B to 12L for the category in which you are applying.”
My concern – Although above states you MUST provide relevant documents specified in 12B to 12L for the category in which you are applying – I have noted that sections from 12J to 12L are missing from the latest version of SET (O) itself? And from section 12B to 12I form covers few other categories (Tier 2, HSMP etc) but not mine (Tier 1 Entrepreneur). Has anyone come across this? I know most of the documents are covered under the guidance and other sections of application form however as this is a separate section do I have to worry about this? Anyway I can’t do much about it but if anyone can suggest any ideas I can take it on-board like explaining this scenario in cover letter etc or may be leave it as it is as I may be overthinking: D?

I don't think it is critical. I checked out an old form with had a section relating to T1E but it only needed confirmation that documents as per 9B was submitted.

marcnath wrote: ↑

Wed May 23, 2018 12:24 pm

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

1) Different postal address for SET (O) form and Tier 1 Dependant form

Kindly direct me to any relevant guidance which covers above scenario? Please suggest whether I should send my and my wife’s applications to Set (o) application form postal address or shall I send them separately and add cover letter to explain this?

You are right - this is not explicitly stated anywhere, but I would send both together to the SET(O) address with a clear cover letter.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

2) SET (O) form – latest version 05/2018

i) Section 5 – 5.3 – I have used my recent SA302 (ending April 2017/2018) to calculate my monthly income and also providing a copy of SA302 as well. Could you suggest whether I have to provide my bank statements or payslips etc as well or SA302 is enough to satisfy this requirement?

Yes

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

ii) Section 6.3 (page 21) states that “What evidence has been provided to support the reasons for all absences from the UK?”
Could anyone advise what evidence should we provide? Are immigration date stamps on my passport pages sufficient to demonstrate this? Or do I have to provide flight/travel ticket/invoices etc?

This is not proof of travel, but reasons for travel.
And, as a T1E applicant, you don't need to provide reasons, so nothing expected from you on this.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

ii) Section 9 – B.5 states “Please state which specified documents have been provided to demonstrate your job creation (please tick as appropriate):”
There are 6 tick boxes for this and I have relevant documents for first two and last two. My concern is regarding “Employee Payment Records, original HM Revenue & Customs P45 or P46” – I don’t have my employees P45/P46 when they started and they have left now! I have P60, P11, full RTI/FPS for my employees. Could you suggest what documents can I provide to cover this aspect? Or I can get away without satisfying this list as it says “(please tick as appropriate)”

EPR and P45,P46 is only for employees before RTI - which is possibly not applicable in your case.

rocky_sun wrote: ↑

Sun May 20, 2018 8:33 am

iv) Section 12 – Documents – second paragraph states “All applicants must provide the relevant documents specified in 12A. You must also provide the relevant documents specified in 12B to 12L for the category in which you are applying.”
My concern – Although above states you MUST provide relevant documents specified in 12B to 12L for the category in which you are applying – I have noted that sections from 12J to 12L are missing from the latest version of SET (O) itself? And from section 12B to 12I form covers few other categories (Tier 2, HSMP etc) but not mine (Tier 1 Entrepreneur). Has anyone come across this? I know most of the documents are covered under the guidance and other sections of application form however as this is a separate section do I have to worry about this? Anyway I can’t do much about it but if anyone can suggest any ideas I can take it on-board like explaining this scenario in cover letter etc or may be leave it as it is as I may be overthinking: D?

I don't think it is critical. I checked out an old form with had a section relating to T1E but it only needed confirmation that documents as per 9B was submitted.

Thanks a lot Marcnath for your kind responses to all my queries

I am just not sure about my first query regarding sending off my wife's Tier 1 dependant application form

I called up VKVI on two different ocassions and they gave contradictory advice. During first call they told to send it together with my form to ILR department and on second ocassion they asked me to send separately to respective postal addresses - super confused now

Do you think in either scenario, is it likely to refuse my wife's visa application on the basis that its not been sent to relevant department etc?

Or they likely to consider in both scenario as I believe it's normal scenario for quite many application!!!

Thanks in advance!!

I assume you are sending it in at least a few days before the expiry date.

You can send both in together and see if the fees are deducted. Once the fees are deducted, the application is accepted.

If it doesn't happen in say, two weeks time, then you can consider what options to do. To even send a second application to the dependant visa address.

It is highly unlikely that it will be rejected because it is sent to a different address.

Place the dependant's application and documents in a separate folder with a clear indication that it is the dependant application. I am sure they can forward it to a different team if they really think that is what is needed.

marcnath wrote: ↑

Thu May 24, 2018 8:34 am

I assume you are sending it in at least a few days before the expiry date.

You can send both in together and see if the fees are deducted. Once the fees are deducted, the application is accepted.

If it doesn't happen in say, two weeks time, then you can consider what options to do. To even send a second application to the dependant visa address.

It is highly unlikely that it will be rejected because it is sent to a different address.

Place the dependant's application and documents in a separate folder with a clear indication that it is the dependant application. I am sure they can forward it to a different team if they really think that is what is needed.

Thanks Marcnath for your response

As of now I am more inclined toward sending my wife's application to tier 1 dependant address separately with detailed cover letter about the situation including my details etc. I am more likely to post our applications by tomorrow or latest by coming Monday.

I will share whatever option I go with and update this post once I receive any outcomes which may help someone in future, finger crossed!

I highly appreciate your kind help.

Thanks once again