Travelling abroad while ILR application is under consideration - Tier 1 Ent

[T1-Entrep]

Good day!

I am on Tier 1 Entrepreneur visa and I am planning to apply for ILR through the accelerated route with the turnover over GBP 5mln during 3 years of the initial leave period.

Our business is international wholesale trade which involves movement of goods between different countries, with most of the goods not entering physically into UK. Basically we buy from our suppliers in one country and sell to the customers in another country, none of which is UK.
The payments from customers are received into UK bank account and the same for the supplier payments. Our office is in UK, the business is fully handled from UK, invoices raised, decisions made and taxes are paid in UK

The immigration rules say that the business should be ‘trading within the UK economy’,

So, my question is - is there a possibility that UKVI will decide that our business is not trading within UK economy, as goods physically are not entering UK? And if such interpretation is possible - what arguments might help me to convince them otherwise.

Thank you for your help!

[zimba]

If you have a business entity that is tax domiciled here, you are trading in the UK. The particulars are not important.
Also note that circulating the client money through your bank account is NOT considered part of your turnover.
I am no accounting expert but holding client money (e.g acting as an intermediary) will show up as part of the company's liabilities/assents under the accounts and NOT as part of the total turnover. I am just pointing this out, so that you understand that to benefit from the accelerated route, you need a min of £5m turnover (total actual business sales).

[T1-Entrep]

Thank you very much, Zimba!

[teddybear79]

I am not a expert but the cases I have seen re 5 million turn over , home office relies of totals of VAT returns to establish turnover. are you paying VAT if yes then you can claim it simple

[T1-Entrep]

Thank you teddybear79,

Our sales are out of scope for VAT.
We submit СT600 to HMRC and have our accounts audited every year, so our sales turnover can be confirmed from both.

Regards!

[T1-Entrep]

Good evening!

First of all I would like to thank the moderators and contributors for the incredible amount of information and advice provided on this site. You are doing really great job!

I am on Tier 1 Ent visa, will be applying for ILR (through 3 years accelerated route) in the next few days ( from within UK) and will need to travel abroad after that for 3-4 weeks.
I was told that my passport will remain with me after submission of my biometrics.

The Tier 1 Ent Guidance has the following information:
You should not make plans to travel outside of the Common Travel Area whilst your application is under consideration. If you request your passport back from us in order to travel prior to a decision being reached on your application, your application will be treated as being withdrawn in accordance with Paragraph 34J of the Immigration Rules.

My questions are:
- If my passport will remain with me after biometrics - can I travel abroad immediately after that while my ILR application is under consideration and can this travel negatively affect somehow my ILR application?
- If I will travel and an interview requested by HO, what flexibility I will have in terms of date of the interview? Will they request a particular fixed date, will it be on short notice or I will have a choice and can schedule it after my return to UK?

Thank you in advance!

[marcnath]

Irrespective of whether you have the passport or not, travelling out of the country while you application is under processing will trigger a withdrawal of your application.

Immigration rule 34K is quite clear on that:

34K. Where proof of identity provided under paragraph 34(5), or Appendix ST: Student ST 1.2.(c) or Appendix CS: Child Student CS 1.2.(d), has been returned to the applicant pending a decision on their application for permission to stay and the applicant travels outside the common travel area their application shall, provided that it has not been determined, be treated as withdrawn on the date that the applicant left the common travel area.

[T1-Entrep]

Thank you very much Marcnath for the prompt reply!