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ILR (LR) with current visa as tier1 ENT
Posted: Tue Oct 08, 2019 7:59 pm
by zamaha
Dear members
I came to the UK IN APRIL 2010.
My background is as follows:
First as tier 4, extended 2 times (once got visa out of the country although the visa was valid for couple of months after returning to the UK but extend it as had a newborn and needed a visa). Then switched to tier 1 graduate ENT for 2 years and then after 18 months wait I got my Tier 1 Ent visa. All the visas were approved without any problem.
Now my question is:
1- I am going to apply for my ILR in March (28 days before arrival), at that time 11 months will be left from my Tier 1 Ent visa. Do I need to comply with employing 2 settled employees or not?
I have currently have 2 people working for my company but they are self-employed.
I had one full-time employee last year who has worked for me for one full year BUT he got one month off without salary to sort out his personal problems. I haven’t paid him that month. If I need to have 2 full time employees to apply for ILR, can I claim 11 months’ employment of that employee?
2- I am getting min salary from the company and last year as the company was in lost, I didn’t get any dividend as well. So, I haven’t paid any NI or taxes last year and the year before, I only paid corporation taxes. I have my own source of income from outside of the UK. Is it gonna be a problem?
Thank you for your advice.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Tue Oct 08, 2019 10:36 pm
by aman90
zamaha wrote: ↑Tue Oct 08, 2019 7:59 pm
1- I am going to apply for my ILR in March (28 days before arrival), at that time 11 months will be left from my Tier 1 Ent visa. Do I need to comply with employing 2 settled employees or not?
I have currently have 2 people working for my company but they are self-employed.
No. You don’t need to comply as such.
Self employed ‘employees’ are ineligible for job creation.
I had one full-time employee last year who has worked for me for one full year BUT he got one month off without salary to sort out his personal problems. I haven’t paid him that month. If I need to have 2 full time employees to apply for ILR, can I claim 11 months’ employment of that employee?
Yes you can but you’ll have to replace with another employee to complete 12 months within that job.
2- I am getting min salary from the company and last year as the company was in lost, I didn’t get any dividend as well. So, I haven’t paid any NI or taxes last year and the year before, I only paid corporation taxes. I have my own source of income from outside of the UK. Is it gonna be a problem?
No.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Tue Oct 08, 2019 11:53 pm
by zamaha
Thank you for your respond.
I know that self-employed is not acceptable. Just wanted to ensure that if I don’t have any full-time employee while applying for ILR, as it will remain less than 12 months from my Tier1 Ent visa, I won’t be in breach of my visa condition.
As I know if I wanted to go for the extension, I had to have 2 full time employees for at least 12 months.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Tue Oct 08, 2019 11:55 pm
by zamaha
Another question:
About 2 years ago, I got a FPN FINE OF £100 without any point for driving without MOT. I paid it straight away.
Should I declare it on application? Is it gonna cause any problem? What about for citizenship?
Thanks
Re: ILR (LR) with current visa as tier1 ENT
Posted: Wed Oct 09, 2019 1:08 pm
by aman90
No impact on ILR or citizenship. No need to mention it.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Wed Oct 09, 2019 6:10 pm
by zamaha
Thank you
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Oct 31, 2019 12:09 am
by zamaha
Hi dear Gurus.
I highly appreciate your help in advance and will ask dear Zimba or other members answer my questions to make sure they won’t be any mistake.
First, as I explained before, I want to apply in March for ILR based on LR. My current visa is Tier 1 ENT valid until next year Feb (it is initial visa not extension). I know that they check everything else besides the basic documents for LR. so I want to be on the safe side and ensure everything is right in case they checked everything or I have to go for the extension.
When I applied for the visa (switched from GRAD ENT) i had transferred all £k50 from my personal account to business account and submitted all the required documents such as DL, statements...to claim points for money already invested in the business but the lawyer made a mistake in the application form and claimed money as the fresh investment. After couple of months, I realized and sent a cover letter and a correct copy of application form for that. My visa approved after 18 months. So now, how can I find out if they gave me points for money already invested or fresh investment?
I do not have that amount of cash anymore to invest again. What should I do now? I haven’t got the loan back from the company and it is shown on company’s account.
Second, as I am applying in March and in Feb is the 2nd anniversary of my Ent visa, I know that I need to employ 2 full time employees. I had one full time employee for one year but he asked for one month off without pay to sort out some personal issues. So, I think I need to have one full time employee now to cover that one month. Is that right?
Also, I have some people coming to work for me as self-employed. Can I employ 2 of them as part time employees for 12 months and claim points for job creation? They cannot come on full time basis and I need both male and female employees.
All their job title is the same as THERAPIST. Is that a problem?
Also, I have got the min salary from the company and so hasn’t paid any tax or NI. First year my company was in profit so I paid corporation tax and got dividend. Last year it was in loss so I only got the basic salary. Is it gonna be an issue?
Thank you for your time and help.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Oct 31, 2019 2:42 am
by zimba
You were advised above and I repeat this again: ILR under long residence does NOT require you to comply with Tier 1E extension requirements
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Oct 31, 2019 8:36 am
by zamaha
Zimba wrote: ↑Thu Oct 31, 2019 2:42 am
You were advised above and I repeat this again: ILR under long residence does NOT require you to comply with Tier 1E extension requirements
Thank you zimba but I want to do that anyway if God forbid I got rejected or the process took so long. I don’t want to end up helpless and without anyother option. Thanks
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Oct 31, 2019 10:04 am
by aman90
1. You must apply for LR before ur current visa expires. In time application to benefit from 3C in case of a refusal.
2. Refer the question the to Tier1 ENT forum. Order a SAR from HO that should explain a few things for you.
If the investment was evidenced in an earlier application than you do not need to evidence it again. You don’t need to have the money as long as it’s been spent towards running the business. Ur yearly accounts will tell the story.
3. Yes, you must complete 12 months payslips for 1 job.
2 part time jobs can be combined to fulfil 130hrs per month for the same job title
4. Directors salary is irrelevant to T1 as it can not be part of investment. So nothing to worry about being paid under a threshold to avoid tax. It’s legal.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Oct 31, 2019 10:15 am
by aman90
Oh I see i answered the same questions earlier. But you needed a second opinion.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Tue Nov 12, 2019 1:15 am
by Kfz84
To all respected gurus!
If you guide me.
If you have Enterpreneuer 1 visa and within 1 year and 5 months you are qualifying for ILR through 10 years route.
1. In ILR through 10 years route HO consider your lawful legal stay or they require further information?
2. What possible information HO will require for your period spent on Entrepreneur 1 visa!?!?
If you can dilate on this so I prepare everything before applying. Kindly help.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Tue Nov 12, 2019 3:10 am
by zimba
Kfz84 wrote: ↑Tue Nov 12, 2019 1:15 am
To all respected gurus!
If you guide me.
If you have Enterpreneuer 1 visa and within 1 year and 5 months you are qualifying for ILR through 10 years route.
1. In ILR through 10 years route HO consider your lawful legal stay or they require further information?
2. What possible information HO will require for your period spent on Entrepreneur 1 visa!?!?
If you can dilate on this so I prepare everything before applying. Kindly help.
Stick to YOUR OWN post !!
indefinite-leave-to-remain/long-residency-t292149.html
Register a company while applying for Graduate Ent visa
Posted: Thu Jan 23, 2020 11:48 am
by zamaha
Dear members
5 years ago, I applied for Tier1 GRADUATE ENT visa and at the same day after I posted my application to switch from Tier 4 visa, I registered a company with my British business partner to prepare to start the business. My visa got approved soon after that (3-4 weeks after).
I just recently realised that as a student you cannot register a company. Was I in breach of my visa conditions? I got my visa in the first year that this scheme was opened and I genuinely did not know that it is gonna be a problem nor my university advisor.
Is it a problem? What should I do now?
Just one more thing, I have resigned from that company and my current visa is based on another company,
Thanks
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Jan 23, 2020 2:50 pm
by zimba
You are free to open a business, you simply cannot be on payroll or get paid under Tier 4 visa
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Jan 23, 2020 3:29 pm
by zamaha
Dear Zimba
Thank you for your reply. It is such a relief. No, I wasn’t on any payroll at all.
I got worried when I saw somebody else’s topic and then thought it is a problem.
indefinite-leave-to-remain/ilr-revoked- ... 96078.html
Thank you
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Jan 23, 2020 3:39 pm
by zamaha
Could you please check the link. I will appreciate it.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Jan 23, 2020 7:40 pm
by zimba
zamaha wrote: ↑Thu Jan 23, 2020 3:39 pm
Could you please check the link. I will appreciate it.
Ignore it. You do not even need a visa to establish a business in the UK
Working in the UK is not
necessarily the same as being director of a business.
Re: ILR (LR) with current visa as tier1 ENT
Posted: Thu Jan 23, 2020 8:07 pm
by zamaha
Thank you. I truly appreciate your time.
How to apply for comprehensive background check
Posted: Wed Feb 12, 2020 1:39 pm
by zamaha
Dear members
I had a FPN couple of years ago for driving without MOT and I paid the fine immediately. Also, had couple of parking tickets.
Also, I had a hearing at court that I didn’t know so, I didn’t show up obviously and when I got the letter after that I asked the court to set aside the decision and sort out the matter out of the court.
Where should I apply to find out about about these things and their dates as I cannot remember the date of FPN and parking tickets to declare on form?
Also, I’d like to know if there is anything else out there that I don’t know about before applying and sort everything out Before being under check.
Regards
Re: ILR (LR) with current visa as tier1 ENT
Posted: Wed Feb 12, 2020 3:10 pm
by zimba
You cannot apply for such checks. You can do a basic DBS check but it only shows unspent criminal convictions. Parking tickets and an FPN have no effect on ILR. Ignore them
Re: ILR (LR) with current visa as tier1 ENT
Posted: Fri Feb 14, 2020 8:23 pm
by zamaha
Thank you dear Zimba
You are an absolute gem.
Another thing: my brother is planning to apply for visitor visa and come to the UK. He is planning to apply for that around the same time (couple of weeks earlier or later) that I am going to apply for my ILR LR. Is it gonna have any negative impact on my application?
He is going to pay for his trip and have enough money in his bank account and I am only providing the accommodation. Do I still need to provide my bank statement for him? I am applying for ILR at that time so basically, there won’t be that much money in my account at that time.
Thank you
Re: ILR (LR) with current visa as tier1 ENT
Posted: Sun Feb 16, 2020 11:43 am
by zamaha
Is there anybody know about my questions? Thanks
Re: ILR (LR) with current visa as tier1 ENT
Posted: Sun Feb 16, 2020 5:04 pm
by zimba
zamaha wrote: ↑Fri Feb 14, 2020 8:23 pm
Thank you dear Zimba
You are an absolute gem.
Another thing: my brother is planning to apply for visitor visa and come to the UK. He is planning to apply for that around the same time (couple of weeks earlier or later) that I am going to apply for my ILR LR. Is it gonna have any negative impact on my application?
He is going to pay for his trip and have enough money in his bank account and I am only providing the accommodation. Do I still need to provide my bank statement for him? I am applying for ILR at that time so basically, there won’t be that much money in my account at that time.
Thank you
This is irrelevant to your ILR. Every visa application is separate
Re: ILR (LR) with current visa as tier1 ENT
Posted: Sun Feb 16, 2020 6:25 pm
by zamaha
Thank you