(T1E -> Tier2 -> ILR) English Language Requirement.

[kaps84]

Hi Moderators,

(Background: Tier 1 Entrepreneur --> Tier 2 (Employer sponsored) --> ILR)

Do the people who have satisfied the English language requirements in the previous immigration category need to again provide English language evidence for ILR ?

For example, when I applied for Tier 1 Ent Ext and (subsequently) Tier 2 application, I was able to claim the English language points based on the documents from previous grant (Tier 1 Entrepreneur initial application). Does the same apply to ILR ?

[zimba]

As far as I know, for ILR you may have to prove your English language ability again. You may even use the old expired evidence used if it is still acceptable by HO

[kaps84]

Hi Gurus,

I would like to know if it is OK for me to hold the company shares (from Tier 1 Ent phase) after switching to Tier 2? Could this create any issue during the ILR phase? - Whether or not, I take any dividends.


Thanks,

[zimba]

No problem. You can own shares of other companies and get dividends. You simply cannot be on their payroll or own significant shares of your sponsor

[kaps84]

Thanks Zimba !

[kaps84]

Hi Gurus,

I have a couple of question to ask about ILR eligibility. This one is related to dates:

1) I was given the initial Tier 1 Ent visa in the first half of Dec 2014, however, I entered UK in the second half of Jan 2015 (after slightly over a month). My question is, when am I eligible to apply for ILR? (After 5 years of initial visa approval or after 5 years of first UK entry) ?

2) My dependants entered much later, however they have the similar situation as mentioned in question number 1. They entered almost after a month of initial dependant visa. Asking question 2, in case there are any different rules for both the main applicant and dependants.

[CR001]

1) I was given the initial Tier 1 Ent visa in the first half of Dec 2014, however, I entered UK in the second half of Jan 2015 (after slightly over a month). My question is, when am I eligible to apply for ILR? (After 5 years of initial visa approval or after 5 years of first UK entry) ?

As already answered 100s of times, it counts from date of visa issue date.

2) My dependants entered much later, however they have the similar situation as mentioned in question number 1. They entered almost after a month of initial dependant visa. Asking question 2, in case there are any different rules for both the main applicant and dependants.

Same as #1.

[kaps84]

Thanks CR001 as always !

Next query is regarding the question: "Since you first entered the UK, have you had any absences from the UK?"

3) After my initial entry to UK (with a stay of couple of weeks), I re-entered UK with my dependants. Do I need to mention this time spent at my home country as my absence from UK and provide a letter from employer? Note that I was on Tier 1 Entrepreneur visa at this time.

Next one is regarding: "Have you previously lived in a country outside the UK including your country of birth?"
1) I can mention about my country of birth dates here.
2) I did visit UK for a few weeks in the past as a visitor - I don't believe a visit is regarded as living. However, would like to double check on this.
3) I visited Germany for about 1 month, living in a hotel accommodation. This was a on schengen visa for the purpose of a few client meetings representing my previous employer (an MNC) in my home country before I applied for my initial Tier 1 E. Does this visit to Germany qualify as living in a country outside UK?

[CR001]

Next query is regarding the question: "Since you first entered the UK, have you had any absences from the UK?"

3) After my initial entry to UK (with a stay of couple of weeks), I re-entered UK with my dependants. Do I need to mention this time spent at my home country as my absence from UK and provide a letter from employer? Note that I was on Tier 1 Entrepreneur visa at this time.

You should not have had an 'employer' if you were on Tier 1 Entrepreneur. This would be a breach of the visa conditions. ALL absence for you need to be declared.

Next one is regarding: "Have you previously lived in a country outside the UK including your country of birth?"
1) I can mention about my country of birth dates here.
2) I did visit UK for a few weeks in the past as a visitor - I don't believe a visit is regarded as living. However, would like to double check on this.
3) I visited Germany for about 1 month, living in a hotel accommodation. This was a on schengen visa for the purpose of a few client meetings representing my previous employer (an MNC) in my home country before I applied for my initial Tier 1 E. Does this visit to Germany qualify as living in a country outside UK?

The question asks about Countries LIVED in, including home country, not countries VISITED.

[kaps84]

Next query is regarding the question: "Since you first entered the UK, have you had any absences from the UK?"

3) After my initial entry to UK (with a stay of couple of weeks), I re-entered UK with my dependants. Do I need to mention this time spent at my home country as my absence from UK and provide a letter from employer? Note that I was on Tier 1 Entrepreneur visa at this time.

You should not have had an 'employer' if you were on Tier 1 Entrepreneur. This would be a breach of the visa conditions. ALL absence for you need to be declared.

Thanks for spotting this, however, by 'employer' here I only meant my own limited company (but no longer a director now). Reason to mention that as an 'employer' (= 'previous employer') since I have already moved to Tier 2 and have another 'employer' (= 'current employer') now.

[CR001]

Simply wright a self declaration letter of absence while on Tier 1 Ent.

[kaps84]

However, with this I will ask another question

I am aware that one can apply for IRL 28 days before the 5 years actually completes. Does it have any impact on '180 days' absence rule? Do these 28 days add upto 180 days?

I have calculated and noted that I am on the border line of 180 days absence in the first 12 months (when I calculate from the initial visa grant date up-to next 12 months). Applying and adding 28 days to it will go over the 180 days threshold.

[CR001]

The 28 days early application concession is NOT part of the 'absence'.

Absence is calculated backwards from date of online application submission and payment.

[kaps84]

Hi Gurus,

I would like to know if it is OK for me to hold the company shares (from Tier 1 Ent phase) after switching to Tier 2? Could this create any issue during the ILR phase? - Whether or not, I take any dividends.

Thanks,

No problem. You can own shares of other companies and get dividends. You simply cannot be on their payroll or own significant shares of your sponsor

Hi Gurus (Zimba88, CR001),

In continuation and with reference to the above quoted I have a question to ask. I am still the sole mandate holder of the business bank account of the company. I am also the sole shareholder. Wife replaced me as the director of the company before I moved to Tier 2 (from Tier 1 Ent).

Do you think it is OK to be a sole shareholder and a sole mandate holder, while on Tier 2? I am neither a director nor on the payroll. Wife is an administrative director but not on the payroll (derives NO salary).

Could any of these be any issue from ILR perspective?

Thanks,
Kaps84

[zimba]

I do not see any limits