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Tier 1 (Entrepreneur) Ext to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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fatguyslim
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Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Tue Oct 03, 2017 4:59 am

Hey everyone, firstly I would like to thank Zimba for his continued support on this forum. You are a bad mule immigration help in the UK buddy. Now I received my extension visa last year in July and since then I had kept 3 people on full time job for 12 months. Their contract ended in August and I am now the only employee of my company as a Director. While going through the guidance I noticed that the Home office does not want to see some of the documents I provided in my last application but there are some I am still not clear about so would require your help again. Following is the list of documents I am going to provide for my application

1. Employee payslips
2. P45 from all employees
3. Employee passport and driving licence copies
4. PAYE payments
5. Business bank statements
6. Company appointment report and other company documents taken from companies house
7. Life in the UK test result
8. UK degree certificate
9. Personal account bank statement

The documents I am confused about

1. (ii) where your last grant of entry clearance, leave to enter or leave to remain was as a Tier 1
(Entrepreneur) migrant, on a date within 6 months of his entry to the UK (if you were granted
entry clearance as a Tier 1 (Entrepreneur Migrant) and there is evidence to establish your date
of arrival in the UK), or in any other case the date of the grant of leave to remain, you were:

 registered with HM Revenue and Customs (HMRC) as self-employed, or
 registered with Companies House as a director of a new or an existing company or as

a member of a new or an existing limited liability partnership


Do I have to show any document for this? The wording is so confusing any help would be appreciated

2. I was away from the UK for 5 months last year. From 1st of Dec to 25th of April. I was visiting my family in India and decided to stay there a bit longer and was working from there. I have an online business so the business was not affected in any way. Is there any document I need to provide for this absence?

3. If I have missed any document that would help then please let me know.

Will look forward to your reply guys. Thanks

sm12
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Tue Oct 03, 2017 5:54 am

I don't think you need to provide driving licences of employees.
I was also wondering whether we need to provide something with regards to the paragraph about arrival in the UK, but I think the passport should be enough, irrespective of whether you switched or entered the UK for the first time under this category.
I have been told by a couple of fellow applicants that we need to provide tax registration and business bank statements again at ILR stage, but I don't think that's correct.

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marcnath
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by marcnath » Tue Oct 03, 2017 7:27 am

fatguyslim wrote:
Tue Oct 03, 2017 4:59 am
Hey everyone, firstly I would like to thank Zimba for his continued support on this forum. You are a bad mule immigration help in the UK buddy. Now I received my extension visa last year in July and since then I had kept 3 people on full time job for 12 months. Their contract ended in August and I am now the only employee of my company as a Director. While going through the guidance I noticed that the Home office does not want to see some of the documents I provided in my last application but there are some I am still not clear about so would require your help again. Following is the list of documents I am going to provide for my application

1. Employee payslips
2. P45 from all employees - Optional
3. Employee passport and driving licence copies - Driving licence Optional
4. PAYE payments - Optional
5. Business bank statements - Optional
6. Company appointment report and other company documents taken from companies house
7. Life in the UK test result
8. UK degree certificate - Optional
9. Personal account bank statement - Optional

The documents I am confused about

1. (ii) where your last grant of entry clearance, leave to enter or leave to remain was as a Tier 1
(Entrepreneur) migrant, on a date within 6 months of his entry to the UK (if you were granted
entry clearance as a Tier 1 (Entrepreneur Migrant) and there is evidence to establish your date
of arrival in the UK), or in any other case the date of the grant of leave to remain, you were:

 registered with HM Revenue and Customs (HMRC) as self-employed, or
 registered with Companies House as a director of a new or an existing company or as

a member of a new or an existing limited liability partnership


Do I have to show any document for this? The wording is so confusing any help would be appreciated - Yes. The same one you provided for your extension

2. I was away from the UK for 5 months last year. From 1st of Dec to 25th of April. I was visiting my family in India and decided to stay there a bit longer and was working from there. I have an online business so the business was not affected in any way. Is there any document I need to provide for this absence? - No

3. If I have missed any document that would help then please let me know. - FPS for your employees. Some documentation that you will not be dependant on benefits (income/savings) though there is no clear specification of what it should be. Remember that the genuine entrepreneur test is still applicable, so some documents (again not specified) for that would be preferable.

Will look forward to your reply guys. Thanks
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Meesha
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by Meesha » Tue Oct 03, 2017 12:25 pm

Hi,
I believe you need to provide all the documents u used for extension except investment proof and language requirement as u already had secured points for these. And plus Life in Uk test.
1. I think that paragraph means Companies house appointment letter.
2. No need until asked
3. FPS
Good luck

fatguyslim
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Posts: 183
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Tue Oct 03, 2017 5:21 pm

Meesha wrote:
Tue Oct 03, 2017 12:25 pm
Hi,
I believe you need to provide all the documents u used for extension except investment proof and language requirement as u already had secured points for these. And plus Life in Uk test.
1. I think that paragraph means Companies house appointment letter.
2. No need until asked
3. FPS
Good luck
Thanks guys. Can you please let me know what exactly do I need to provide for FPS? Do I just download it from the HMRC site?

sm12
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Tue Oct 03, 2017 10:27 pm

fatguyslim wrote:
Tue Oct 03, 2017 5:21 pm
Meesha wrote:
Tue Oct 03, 2017 12:25 pm
Hi,
I believe you need to provide all the documents u used for extension except investment proof and language requirement as u already had secured points for these. And plus Life in Uk test.
1. I think that paragraph means Companies house appointment letter.
2. No need until asked
3. FPS
Good luck
Thanks guys. Can you please let me know what exactly do I need to provide for FPS? Do I just download it from the HMRC site?
FPS: the monthly RTI submission reports that are sent to HMRC with employee pay, tax and NIC details.
You must have submitted these at extension stage, too.

sm12
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Tue Oct 03, 2017 10:29 pm

Also, regarding your other question on another thread- super premium and premium fast track services are not available for the 5 year entrepreneur route. You will have to apply by post.

fatguyslim
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Posts: 183
Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Wed Oct 04, 2017 6:19 pm

sm12 wrote:
Tue Oct 03, 2017 10:29 pm
Also, regarding your other question on another thread- super premium and premium fast track services are not available for the 5 year entrepreneur route. You will have to apply by post.
Damn it you are right. So what one just has to wait for 6 months after he/she applies? That is very silly when your business depends on you travelling and making deals.

fatguyslim
Member
Posts: 183
Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Wed Oct 04, 2017 6:23 pm

sm12 wrote:
Tue Oct 03, 2017 10:27 pm
fatguyslim wrote:
Tue Oct 03, 2017 5:21 pm
Meesha wrote:
Tue Oct 03, 2017 12:25 pm
Hi,
I believe you need to provide all the documents u used for extension except investment proof and language requirement as u already had secured points for these. And plus Life in Uk test.
1. I think that paragraph means Companies house appointment letter.
2. No need until asked
3. FPS
Good luck
Thanks guys. Can you please let me know what exactly do I need to provide for FPS? Do I just download it from the HMRC site?
FPS: the monthly RTI submission reports that are sent to HMRC with employee pay, tax and NIC details.
You must have submitted these at extension stage, too.

Last time I had to print of screenshots from my HMRC login. Is there a way to download these in a presentable order or will me accountant have all of these?

sm12
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Wed Oct 04, 2017 7:29 pm

fatguyslim wrote:
Wed Oct 04, 2017 6:23 pm
sm12 wrote:
Tue Oct 03, 2017 10:27 pm
fatguyslim wrote:
Tue Oct 03, 2017 5:21 pm
Meesha wrote:
Tue Oct 03, 2017 12:25 pm
Hi,
I believe you need to provide all the documents u used for extension except investment proof and language requirement as u already had secured points for these. And plus Life in Uk test.
1. I think that paragraph means Companies house appointment letter.
2. No need until asked
3. FPS
Good luck
Thanks guys. Can you please let me know what exactly do I need to provide for FPS? Do I just download it from the HMRC site?
FPS: the monthly RTI submission reports that are sent to HMRC with employee pay, tax and NIC details.
You must have submitted these at extension stage, too.

Last time I had to print of screenshots from my HMRC login. Is there a way to download these in a presentable order or will me accountant have all of these?
Your accountant should have them all, as he must have submitted them.

sm12
Diamond Member
Posts: 1069
Joined: Thu Jan 31, 2013 4:14 am

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Wed Oct 04, 2017 7:42 pm

fatguyslim wrote:
Wed Oct 04, 2017 6:19 pm
sm12 wrote:
Tue Oct 03, 2017 10:29 pm
Also, regarding your other question on another thread- super premium and premium fast track services are not available for the 5 year entrepreneur route. You will have to apply by post.
Damn it you are right. So what one just has to wait for 6 months after he/she applies? That is very silly when your business depends on you travelling and making deals.
Unfortunately, yes! Sometimes the waiting time is even longer than that.

fatguyslim
Member
Posts: 183
Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Wed Oct 04, 2017 11:44 pm

Can someone please attach a link to sub forum for ILR successful processing times? Tried to find it but couldn't. Thanks

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zimba
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by zimba » Thu Oct 05, 2017 12:07 am

fatguyslim wrote:
Wed Oct 04, 2017 11:44 pm
Can someone please attach a link to sub forum for ILR successful processing times? Tried to find it but couldn't. Thanks
SET(O) timeline: indefinite-leave-to-remain/ilr-postal-t ... 31555.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

fatguyslim
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Posts: 183
Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Thu Oct 05, 2017 1:22 am

THanks Zimba

fatguyslim
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Thu Oct 05, 2017 1:48 am

Guys I spotted this guy on the ILR processing time forum

Thank god almighty and everyone on this forum for their kind support and assistance in my journey.

Applied for ILR Route : Tier 1 Entrepreneur 3+2 route to ILR SET(O) 1 Main Applicant + 6 Dependants
Date application sent : 20/06/2017
Document received by HO : 21/06/2017
Ack letter received (if applicable) : 20/07/2017
Biometric Letter received : 20/07/2017
Date Biometrics Enrolled : 21/07/2017
Payment Debited : 27/06/2017
Online Status updated to Decided : 29/08/2017
Approval Received : 01/09/2017 with passports and all documents submitted
BRP Card Received : awaiting..

I am so glad I got my ILR even though I was away for over 180 days in 5 consecutive years but with good reasons and the help of my lawyer I was able to come up compelling work reasons to support my application.
Notice how he said he was away for 180 days in 5 consecutive years? What the hell? I thought you are allowed 180 days to be out of the country for every 12 months. I mean I was away for 5 months last year and was planning to travel again this year not for 5 months but for a couple of months at least. Am I missing something guys is it 180 days for the whole 5 years?

seasky
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by seasky » Thu Oct 05, 2017 12:13 pm

fatguyslim wrote:
Wed Oct 04, 2017 6:19 pm
sm12 wrote:
Tue Oct 03, 2017 10:29 pm
Also, regarding your other question on another thread- super premium and premium fast track services are not available for the 5 year entrepreneur route. You will have to apply by post.
Damn it you are right. So what one just has to wait for 6 months after he/she applies? That is very silly when your business depends on you travelling and making deals.
The lack of ability to travel is a major flaw of the t1-ent program exacerbated by the fact that there is a lot of abuse in the route (and if you say opened a mostly fake kebab shop, you don't really care about not travelling)

But I ask you: 1. how did you handle lack of travel during extension
2. There is no requirement per-se to have ongoing employment during ILR phase but how exactly do you "explain" a business with no employees as per the genuine entrepreneur test?

fatguyslim
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Posts: 183
Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Thu Oct 05, 2017 1:13 pm

seasky wrote:
Thu Oct 05, 2017 12:13 pm
fatguyslim wrote:
Wed Oct 04, 2017 6:19 pm
sm12 wrote:
Tue Oct 03, 2017 10:29 pm
Also, regarding your other question on another thread- super premium and premium fast track services are not available for the 5 year entrepreneur route. You will have to apply by post.
Damn it you are right. So what one just has to wait for 6 months after he/she applies? That is very silly when your business depends on you travelling and making deals.
The lack of ability to travel is a major flaw of the t1-ent program exacerbated by the fact that there is a lot of abuse in the route (and if you say opened a mostly bad quality kebab shop, you don't really care about not travelling)

But I ask you: 1. how did you handle lack of travel during extension
2. There is no requirement per-se to have ongoing employment during ILR phase but how exactly do you "explain" a business with no employees as per the genuine entrepreneur test?
1. I spent 5 months in India building a new team which costs me less to run my business
2. The nature of my business is such that I actually don't need employees most of my work is now handled by bots and cheap labour from India. Home Office can't tell me how to do business, right? What exactly do they class as genuine test? I had 3 full time employees on one year contract I am sure that should be enough for me to qualify for ILR. That should be genuine enough lol

fatguyslim
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Joined: Sat Oct 15, 2011 1:07 pm

Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Fri Oct 06, 2017 1:20 am

fatguyslim wrote:
Thu Oct 05, 2017 1:48 am
Guys I spotted this guy on the ILR processing time forum

Thank god almighty and everyone on this forum for their kind support and assistance in my journey.

Applied for ILR Route : Tier 1 Entrepreneur 3+2 route to ILR SET(O) 1 Main Applicant + 6 Dependants
Date application sent : 20/06/2017
Document received by HO : 21/06/2017
Ack letter received (if applicable) : 20/07/2017
Biometric Letter received : 20/07/2017
Date Biometrics Enrolled : 21/07/2017
Payment Debited : 27/06/2017
Online Status updated to Decided : 29/08/2017
Approval Received : 01/09/2017 with passports and all documents submitted
BRP Card Received : awaiting..

I am so glad I got my ILR even though I was away for over 180 days in 5 consecutive years but with good reasons and the help of my lawyer I was able to come up compelling work reasons to support my application.
Notice how he said he was away for 180 days in 5 consecutive years? What the hell? I thought you are allowed 180 days to be out of the country for every 12 months. I mean I was away for 5 months last year and was planning to travel again this year not for 5 months but for a couple of months at least. Am I missing something guys is it 180 days for the whole 5 years?
Can someone please comment on the above?

sm12
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by sm12 » Fri Oct 06, 2017 1:34 am

180 whole days absence
No more than 180 days’ absences are allowed in any of the 5, 4, 3 or 2 consecutive
12 month periods,
depending on the category, preceding the date of the application
for indefinite leave to remain (ILR).
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

fatguyslim
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Fri Oct 06, 2017 3:33 am

sm12 wrote:
Fri Oct 06, 2017 1:34 am
180 whole days absence
No more than 180 days’ absences are allowed in any of the 5, 4, 3 or 2 consecutive
12 month periods,
depending on the category, preceding the date of the application
for indefinite leave to remain (ILR).
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf
That is what I thought but the person I was talking about said 180 days for 5 consecutive years as if he was saying he was absent for over 180 days for the whole 5 year period.

From what I can see it means 180 days for every 1 year.

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zimba
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by zimba » Fri Oct 06, 2017 3:58 pm

180 days rule will be applied unless in very EXCEPTIONAL cases.
Read the ILR guide: https://www.gov.uk/government/publicati ... riod-in-uk
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

fatguyslim
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Knowledge of Life and Language - settlement

Post by fatguyslim » Fri Nov 10, 2017 3:19 pm

Hey guys, I am having trouble understanding the following 2 rules

224. When you apply for settlement you are required to show that you have knowledge of life and language in the United Kingdom before you can be granted (unless you fall under an exemption).

225. You can demonstrate this by passing both the Life in the UK test and holding an English speaking and listening qualification at level B1 or above.

I have already passed the Life in the UK test and I also hold a UK bachelor's degree in Physics from Lancaster University. Do I need anything else to qualify for Knowledge of Life and Language?

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CR001
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Re: Knowledge of Life and Language - settlement

Post by CR001 » Fri Nov 10, 2017 3:22 pm

Nothing else required if you already have the LIUK pass letter and a UK degree.

Also kindly keep all your ILR in your existing topic and not a new topic in the Tier 1 Ent sub forum. Your posts have been merged.
Char (CR001 not Casa)
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fatguyslim
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Re: Tier 1 (Entrepreneur) Ext to ILR

Post by fatguyslim » Fri Nov 10, 2017 3:26 pm

Sorry CR001, thanks for your help

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