Priority service for ILR from Tier 1 entrepreneur

[MarkCa]

I will soon be eligible to apply for ILR based on creating 10 jobs (accelerated route) in a company I started in the UK (new company). I passed life in the UK test and do not have English language requirement based on my UK diploma. I graduated in UK and was first granted tier 1 graduate entrepreneur visa, which I used to start my business. My business was up and running 6 months after I received graduate entrepreneur visa, so I switched to tier 1 entrepreneur visa 12 months after receiving original tier 1 graduate entrepreneur visa.

I would be grateful if someone could answer my following questions regarding my application for ILR:

1. Do I need to prove investment and business activity again after I proved it when I switched from graduate entrepreneur to entrepreneur visa? I will apply for ILR based on the same company and the same original investment. I believe that at that moment I needed to have investment of 50k to switch, which I fulfilled. Also, my investment at that moment was over 200k (in case this is the number used for ILR). Again, all the investment proven back then was made for LTD company that is now used for ILR application (same company).

2. If I don't have to show again that I made the financial investment in business, should I write something like: "Original company investment proof was provided during application for my existing tier 1 entrepreneur visa, and I would like to use the same documents that were accepted then for my current application"?

3. I have created 12 full time jobs. I read the guidance for job creation and I can confirm that all 12 jobs existed for at least 12 months during my existing visa. Also, all jobs existed at the same time (meaning all 12 employees were and are employed at the same time) which proves that these jobs are independent of each other. However, some of these jobs were created when I started my company, so effectively started during my graduate entrepreneur visa. Can I still use them, since they were created within the company and existed during my whole existing entrepreneur visa, but were created during my graduate entrepreneur visa? To be clear, when I started my company, I hired 8 people (in 2018). In 2019 (when I switched to tier 1 entrepreneur visa) I hired 4 more. Now I have 12 employees who worked for the company for more than 12 months during my last visa and that is enough to qualify my for job creation requirement?

4. Of these 12 jobs, one person has average of 30.3 hours worked per week. Other 11 people have 40 and more hours per week. Should I still count this person as full time (since full time is regarded as 30hours and more) or since I have 11 jobs that are significantly above 30 hours requirement, should I use them only? Alternatively, even if the officer says this job is too close to minimum limit and therefore doesn't qualify as 12th job, would that cause further problems in the application or not, assuming that first 11 jobs are fine?

5. If I miss anything during an application, or make some mistake, is there any chance that it might be rejected immediately or I will be contacted first and have a chance to change / support it?

Thanks!

[CULLINAN]

I will soon be eligible to apply for ILR based on creating 10 jobs (accelerated route) in a company I started in the UK (new company). I passed life in the UK test and do not have English language requirement based on my UK diploma. I graduated in UK and was first granted tier 1 graduate entrepreneur visa, which I used to start my business. My business was up and running 6 months after I received graduate entrepreneur visa, so I switched to tier 1 entrepreneur visa 12 months after receiving original tier 1 graduate entrepreneur visa.

I would be grateful if someone could answer my following questions regarding my application for ILR:

1. Do I need to prove investment and business activity again after I proved it when I switched from graduate entrepreneur to entrepreneur visa? I will apply for ILR based on the same company and the same original investment. I believe that at that moment I needed to have investment of 50k to switch, which I fulfilled. Also, my investment at that moment was over 200k (in case this is the number used for ILR). Again, all the investment proven back then was made for LTD company that is now used for ILR application (same company).
Yes you will need to show proof of investment and business activity
https://assets.publishing.service.gov.u ... -_v.25.pdf


2. If I don't have to show again that I made the financial investment in business, should I write something like: "Original company investment proof was provided during application for my existing tier 1 entrepreneur visa, and I would like to use the same documents that were accepted then for my current application"?

3. I have created 12 full time jobs. I read the guidance for job creation and I can confirm that all 12 jobs existed for at least 12 months during my existing visa. Also, all jobs existed at the same time (meaning all 12 employees were and are employed at the same time) which proves that these jobs are independent of each other. However, some of these jobs were created when I started my company, so effectively started during my graduate entrepreneur visa. Can I still use them, since they were created within the company and existed during my whole existing entrepreneur visa, but were created during my graduate entrepreneur visa? To be clear, when I started my company, I hired 8 people (in 2018). In 2019 (when I switched to tier 1 entrepreneur visa) I hired 4 more. Now I have 12 employees who worked for the company for more than 12 months during my last visa and that is enough to qualify my for job creation requirement?
Yes you can as long they existed for at least 12 months on your Tier 1 Ent leave.

4. Of these 12 jobs, one person has average of 30.3 hours worked per week. Other 11 people have 40 and more hours per week. Should I still count this person as full time (since full time is regarded as 30hours and more) or since I have 11 jobs that are significantly above 30 hours requirement, should I use them only? Alternatively, even if the officer says this job is too close to minimum limit and therefore doesn't qualify as 12th job, would that cause further problems in the application or not, assuming that first 11 jobs are fine?
Full-time is 30hr/week for 52 weeks. you need minimum 10 full time JOBS. It is up to you which jobs you rely on as all are FT in your case. You can rely on any 10. CW will go by the evidence you will provide.

5. If I miss anything during an application, or make some mistake, is there any chance that it might be rejected immediately or I will be contacted first and have a chance to change / support it?
Depends on CW

Thanks!

[CULLINAN]

FYI follow a successful Tier 1 Ent accelerated route to ILR case:
indefinite-leave-to-remain/ilr-applicat ... 04846.html

[MarkCa]

Thank you for quick response and for link!

To clarify regarding 10 jobs, are you saying that I should choose any 10 out of 12 jobs and send only these 10 or that it would be better to write all 12 of them and to say for example: "I am claiming this criteria fulfilled based on first 10 jobs from the list, however I have provided additional jobs as well"

Regarding the investment, I have just clicked on the link you provided, ( https://assets.publishing.service.gov.u ... -_v.25.pdf ) and on page number 29, table F, point 1 says that I don't need to provide proof of investment if I received points for this during my last tier 1 entrepreneur application. Does that include situation like mine, when switch was made from graduate entrepreneur to entrepreneur?

[CULLINAN]

It is entirely your choice how many jobs to provide. The requirement is 10 jobs. Additional documents do more harm than benefit. But maybe you can send evidence for 11 jobs. Good to send some extra but not too much.

You will need to prove evidence for investment and business activity. For people who are on then 5 year route have to prove at initial and extension stage only but not ILR. Since you are on the 3 year accelerated route, you will have to prove evidence for investment and business activity at initial and ILR stage.
Please @Zimba or @Marcnath correct me if I am wrong here.

[MarkCa]

Ok, thanks!

Since investment was accepted when I applied to switch from graduate entrepreneur to entrepreneur, should I add anything else to it or I can assume that if it was valid then it will be valid again?

Also, regarding the jobs, I have some employees whose ID's are now expired, but were correct during their employment. For example, someone worked from May 2019 to July 2020, and their ID expired in November 2020, after their employment ended. Can I send these ID's as they were correct at time of employment or I need to find new ID's of these people?

Finally, can I send identity card of EU nationals without their passport?

[MarkCa]

Can anyone please answer these questions? Thanks!

[zimba]

It is entirely your choice how many jobs to provide. The requirement is 10 jobs. Additional documents do more harm than benefit. But maybe you can send evidence for 11 jobs. Good to send some extra but not too much.

You will need to prove evidence for investment and business activity. For people who are on then 5 year route have to prove at initial and extension stage only but not ILR. Since you are on the 3 year accelerated route, you will have to prove evidence for investment and business activity at initial and ILR stage.
Please Zimba or Marcnath correct me if I am wrong here.

Proof of investment can be done at any stage and then not required to be proved after it was proved once. Documents for employee must be valid during employment period not after

[MarkCa]

Proof of investment can be done at any stage and then not required to be proved after it was proved once. Documents for employee must be valid during employment period not after

Thank you! So just to confirm, the fact that I was successful in transition from tier 1 graduate entrepreneur to tier 1 entrepreneur automatically means that this criteria is fulfilled? Regardless of the fact that at that time I believe investment of 50,000gbp was needed? Also, I don't remember now, but was there any chance that I could have transitioned to tier 1 entrepreneur without proving the investment at that time?

Thanks!

[zimba]

The excerpt below from the guide shows that you can claim any investment made 12 months before the initial application regardless of your circumstances. Note that for people switching from the Graduate Entrepreneur route, that period is up to 24 months from your Tier 1E initial. So If you evidenced your investments during your initial application, then you automatically get the points towards extension or ILR (look at table D and F in the guide)

If you are joining this route for the first time, and you have already made investments in the last 12
months that qualify under the rules for extension applications, then you may be able to use these
funds in support of your application (though you will be required to evidence these)

https://assets.publishing.service.gov.u ... -_v.25.pdf

[MarkCa]

Thank you! Yes, Investment was made during my Tier 1 Graduate Entrepreneur visa, so a few months before I applied for my current tier 1 entrepreneur visa. Great news, thanks!

[MarkCa]

Can I sell business and still qualify for ILR if I don't own business at the time of application?

I have just received a good offer that I am seriously considering.

I will be eligible for ILR in a few months, and as explained above I have already satisfied job creation of 10 jobs for 12 months under last permit (current visa). I know that these jobs need not exist at time of application, but do I still have to be business owner to apply for ILR or I can sell the business and still apply regularly?

[zimba]

You must be engaged in business (i.e. registered as director/self-employed) at the time of ILR but you can sell off your old business (and even use it to score points)

[MarkCa]

Ok, so if I have 2 companies at the moment (which I do, where one is the main company and another is the business that I never really started) I can sell the "good business" which also had 10 employees and apply as director of another company although there are no other employees in it (and there never were any employees)?

Thanks!

[zimba]

That is fine

[MarkCa]

That is fine

Great, thank you!

At the time of my application for ILR, I would like to extend my unmarried partner's visa as well.

She came to UK as my dependent at the time I received Graduate Entrepreneur visa and then she received new PBS dependent visa when I switched to Tier 1 Entrepreneur. Therefore, at the time of my ILR application, she will have 4 years in the UK.

1. If she applies for PBS dependent extension now, can she apply for ILR one year later (this depends on whether first year as graduate entrepreneur dependent counts)

2. In order for her to apply for ILR as soon as possible, she should now extend her stay as PBS dependent visa, not as ILR dependent (as I am applying for ILR). Is this correct?

3. If we get married before I receive my Citizenship (12 months after I receive ILR, so roughly somewhere in January 2023), and at that time she receives her ILR, can she immediately apply for Citizenship as she would be married for British Citizen or she still needs to wait for 12 months after receiving her ILR?

Thanks

[zimba]

1. Yes
2. Yes. She should extend under PBS dependant route (NOT the family visa route)
3. Yes. If you marry, she does not have to wait for one year

[MarkCa]

1. Yes
2. Yes. She should extend under PBS dependant route (NOT the family visa route)
3. Yes. If you marry, she does not have to wait for one year

Thank you!

Regarding the 10 jobs I created, I saw that there is a template which I will follow to add positions, dates and names. However, can someone please clarify these points:

1. I am aware that payslips from real time submissions are an absolute must, but should I send anything else?

2. Should I send all contracts from all employees or this is not needed?

3. I was thinking of adding all payroll summaries (we are paying fortnightly so I have 26 summaries every year) in one document and then all salaries from each person as one document (so person A has her document with all payslips, person B has his document with all payslips etc). Is this how it is supposed to be done or there is another way?

4. Do I need to provide payslips all the way until my application or just for 12 months of employment that I am claiming? Since I had more than 10 employees for 12 months prior to Covid, I was thinking just adding that period as it avoids furlough and is itself enough to qualify me, however I am happy to send full 3 years if that is better.

5. Is everything uploaded electronically and can I put all payslips as pdf files?

Thanks!

[CULLINAN]

1) You need payslips and RTI FPS for the relevant period and jobs you are claiming points for.

2) Not needed. However, you need to list employee job descriptions.

5) PDF is preferable.

3-4 all your questions are answered in the following thread. Although its your choice what to follow, but you may read the user’s successful experience:
indefinite-leave-to-remain/ilr-applicat ... 46-80.html

[MarkCa]

1) You need payslips and RTI FPS for the relevant period and jobs you are claiming points for.

2) Not needed. However, you need to list employee job descriptions.

5) PDF is preferable.

3-4 all your questions are answered in the following thread. Although its your choice what to follow, but you may read the user’s successful experience:
indefinite-leave-to-remain/ilr-applicat ... 46-80.html

Thank you!

For point 1), I asked my accountant when I chose him if he has RTI FPS, since I knew I will need this, and he said yes. I am receiving payslips from him every fortnight and these payslips are created from Bright Pay software. They already include name of employee, their National Insurance Number, full gross payment, tax and nic breakdown, pensions, and net payment to be paid. Also, I am paying Paye before 22nd of every month by logging into my account and amount to be paid is always displayed there there.

I am not sure what then is RTI FPS proof? I thought that payslip made in Bright Pay showing all the details is evidence of RTI FPS itself, but how should RTI FPS look if it is a separate document?

[CULLINAN]

RTI FPS is the Real Time Full Payment Submission.

The guidance says:

Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker as legally required, and have done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions.

Page 23:
https://assets.publishing.service.gov.u ... -_v.25.pdf

Different payroll software works in different ways. As long it shows all the information as stated above, I believe it should be okay.

By the looks of it the information you have is similar also.

[CULLINAN]

Normally a sample from moneysoft software looks like this (taken off google).

[MarkCa]

Hi,

I will be eligible to apply for ILR based on Tier 1 Entrepreneur accelerated route (10 jobs created) in November this year. I thought for some reason that there is no priority service for T1 Entrepreneur - ILR applications, but I just saw here that there is:

[LINK REMOVED]

Can you please let me know if there is or if there isn't priority service available?

Thank you!

[zimba]

First of all, you should not post links from unofficial third-party sources on the forum. Information in those links may not be accurate or correct.

Decision available within 5 working days --- Decision available by the end of the next working day
Application to settle if you work, establish a business or invest in the UK (through form SET(O)) Yes --- Yes

The GOV.UK official source confirms this: https://www.gov.uk/faster-decision-visa ... ide-the-uk

[MarkCa]

Ok, sorry for the link, my bad. It will not happen again.

So, this service (priority for T1 Entrepreneur) was added recently? It wasn't available before?