My upcoming ILR Application

[benhuang]

BRP and proof of immigration status is the same thing. BRP will fulfil both.

Also, consent form has three parts. Your child 18+ will sign part 1, your wife will sign part 2 and part 3 for child 18+ if applies.

https://visas-immigration.service.gov.u ... onsent.pdf

You should tick yes to consent.

Dear Cullinan,

Your above points taken.

Regarding this:
BRP and proof of immigration status is the same thing. BRP will fulfil both.
Does it mean i have to TICK both BRP and other evidence showing immigration status? Please confirm

Regarding this question:
Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?
My answer is NO, as 18+Child 1 holds all the documents in his sole name only. Please confirm

Thank you

Regards

Ben

Dear Cullinan,

Your points taken and thank you.

As my wife is the sponsor for both 18+ children, my wife has to share a lot of common information as the children such as the house address, which in turn is supported by one of the documents, the electricity bills. The electricity bill is in joint names (My wife and me). Does this mean that I also have to sign a separate consent form and attach it to the Child 1 and Child 2 accounts ?

Regarding the maintenance cost for living in the uk for 18+Child:
The Set(O) form doesn't seem to ask for such proof...Please confirm.

Regarding the absence requirement in the uk for 18+Child:
The Set(O) form doesn't seem to ask for such details...so for them, this is not a requirement.....Please confirm.

Thank you again and i wish you have a great day.

Regards

Ben

[CULLINAN]

Consent form has 3 parts. Sign in perspective of each applicant separately. Your children are adults, please do not confuse this. Sign accordingly as it applies.

No maintenance is required.

Children do not have any residence requirement.

Just submit proof that they are not leading an independent life as stated above.

[benhuang]

Dear Cullinan,

Thank you and i have finished Set(O) forms for the two 18+ children.

Now i want to focus on the main applicant's set(O).

Regarding the country the main applicant's live in "from and to". I put from "the date of birth" to the date
which is one day earlier (i.e 6/1/2016) than the date the main applicant 1st arrived in the UK under the Entry clearance visa (i.e 7/1/2016). So it does not reflect the following actual itinerary.....so as to keep it simple for HO purposes. Please confirm it is OK with this, otherwise HO will accuse me of not being honest.

Actual Itinerary:
In fact, we all left Malaysia on 24/12/2015 and arrived UK on the same day on a tourist visa and continue staying until 3/1/2016. We then left UK on 4/1/2016 for Amsterdam and re-entered on 7/1/2016 (the date of our 1st entry to UK) bcos our Entry clearance visa started on 5/1/2016 (as informed earlier). We did this deliberately so that we complied with the dates on the Entry clearance visa.

Thank you.

Regards

Ben

[CULLINAN]

Input DOB till 6/1/2016. No issues. These are small things. I hope you are focusing more on all the requirements and documents for Tier 1 Entrepreneur for the main applicant. Her ILR being successful is mandatory for all of dependent’s ILR to be successful. So focus on that also.

[benhuang]

Dear Cullinan,

Thank you for the clarification on the trivial matter, it gives me peace of mind. Greatly appreciated.

Now coming to the main stuff as follows:

1.Documents for Tier 1 Biz registered with HMRC:
The main applicant biz must be continued to be registered with HMRC as self employed and this must be met within 3 months before the date of application (tentatively 10/12/2020). To proof this I can only think of the following documents:
1.1 SA100 tax payment receipt for 2020/2021 (foresee payment of tax few days before submission date)
1.2 Oct, Nov and Dec 2020 PAYE receipts
1.3 Please confirm if any other documents are required ??

2.Documents for 2 jobs created with 2 employees:
2.1 the biometric page of employee passport showing the employee's photograph and personal details
2.2 payslips and FPS (19 months from June 2019 to Dec 2020)
2.3May I know is P45 or 46 compulsory ??
My 2 staff joined us since inception and throughout the upcoming ILR application, so there is no P45. At 1st extension, i remembered we did not submit these documents.
2.4 I remembered I wrote a brief job descriptions for "Admin and book keeping assistant" describing the job functions for both the employees. Both employees have the same job descriptions. Do i still need to submit this at the ILR application ?
2.5Please confirm if any other documents are required ??

Kind regards

Ben

[CULLINAN]

Since your wife is self-employed like user @Maria Hassan, very recent similar case, I would suggest you go through this thread FYI. It will answer many of your questions. If you have any follow up questions please ask in your own thread:

indefinite-leave-to-remain/ilr-applicat ... 08343.html

[benhuang]

Since your wife is self-employed like user @Maria Hassan, very recent similar case, I would suggest you go through this thread FYI. It will answer many of your questions. If you have any follow up questions please ask in your own thread:

indefinite-leave-to-remain/ilr-applicat ... 08343.html

Dear Cullinan,

Thank you for the info. It is indeed very similar.

RTI-FPS
I am confused about Real Time Info (RTI) and Full Payment Submission (FPS). I only have the FPS, my understanding is FPS would automatically include the RTI details. There is no separate document called RTI to be submitted together with FPS? Please confirm my thoughts are correct.

Regarding the business bank statements:
How many months are required ?

Regarding Biz registration with HMRC within 3 months of submission:
1. SA 100 submission and payment receipt near to the submission date is an evidence,
2. are PAYE payment receipts dated Oct, Nov and Dec2020 qualified ? or the equivalent of business bank stmt Oct, Nov and Dec2020 showing the PAYE payment to HMRC qualified ?




Thank you.

Kind Regards

Ben

[CULLINAN]

Since your wife is self-employed like user @Maria Hassan, very recent similar case, I would suggest you go through this thread FYI. It will answer many of your questions. If you have any follow up questions please ask in your own thread:

indefinite-leave-to-remain/ilr-applicat ... 08343.html

Dear Cullinan,

Thank you for the info. It is indeed very similar.

RTI-FPS
I am confused about Real Time Info (RTI) and Full Payment Submission (FPS). I only have the FPS, my understanding is FPS would automatically include the RTI details. There is no separate document called RTI to be submitted together with FPS? Please confirm my thoughts are correct.
Correct

Regarding the business bank statements:
How many months are required ?
1 - best if it is latest

Regarding Biz registration with HMRC within 3 months of submission:
1. SA 100 submission and payment receipt near to the submission date is an evidence,
2. are PAYE payment receipts dated Oct, Nov and Dec2020 qualified ? or the equivalent of business bank stmt Oct, Nov and Dec2020 showing the PAYE payment to HMRC qualified ?
I think user @Maria Hassan only submitted the latest self-assessment tax return for it.



Thank you.

Kind Regards

Ben

[benhuang]

Dear Cullinan,

Thank you.

Regarding the ONE month business bank statement required, may i know what am i trying to prove here?
I think if it is to prove i am in biz, then i might as well submit 3 months bank statements and that would be even more convincing.

Regarding cover letter, after reading the user@ Maria Hassan, i summarised the points below which i need to submit with my ILR application for your perusal, please confirm whether i omitted anything:

1.The main applicant's job description and how the biz plan is implemented,
2.Job description of 2 employees
3. the summary of the hourly rates over the 19 months (June2019 to Dec2020), if there are any changes,
4. According to new guidance, I can claim for fulrough months IF minimum 80% salary was paid. I should clarify this is in the cover letter and refer to the exact guidance.
5. I DO NOT need to list down documents required and submitted in the covering letter.

Thank you.

Regards

Ben

[CULLINAN]

You have to prove that your business has a UK bank account under the business activity requirement. I would suggest to submit documents to the point as per the guidance. Sending additional/extra documents do more harm than benefit. I have learnt this with experience. 1 month bank statement is enough but it is your choice obviously as you deem fit.

Your other understanding is correct. As previously stated you only need evidence for 2 jobs that existed for 12 months each AFTER extension. However, as suggested previously, clarify in the cover letter the new furlough guidance. Also mention that you are submitting 19 months, but required is only 12 months.
No need to list documents in the cover letter. The documents are already listed in the online form itself for reference. A checklist is also generated at the end (for your own records only).

[benhuang]

You have to prove that your business has a UK bank account under the business activity requirement. I would suggest to submit documents to the point as per the guidance. Sending additional/extra documents do more harm than benefit. I have learnt this with experience. 1 month bank statement is enough but it is your choice obviously as you deem fit.

Your other understanding is correct. As previously stated you only need evidence for 2 jobs that existed for 12 months each AFTER extension. However, as suggested previously, clarify in the cover letter the new furlough guidance. Also mention that you are submitting 19 months, but required is only 12 months.
No need to list documents in the cover letter. The documents are already listed in the online form itself for reference. A checklist is also generated at the end (for your own records only).

Dear Cullinan,

Of course i will listen to Guru's advice!

Business bank statement:
1. A review of November 2020 bank statement shows payment of staff salaries and bank service charges only

2. A review of October 2020 bank statement shows payment of staff salaries, bank service charges, PAYE payment to HMRC and renewal of anti money laundry license payment to HMRC .

Do you think if i were to choose ONE month bank statement, I should choose Oct2020 as it has much better content ?

Thank you.

Kind regards

Ben

[CULLINAN]

Although it is not specified how old it can be, ideally it should be within 3 months (from date of application). So yes you can choose Oct also. It is simply to tick the box that your business has a UK bank account.

(iii) a business bank statement from a UK account which shows business transactions or a letter from the UK bank in question on its headed paper, confirming that the company or partnership has a bank account, that you are a signatory of that account, and that the company or partnership uses that account for the purposes of their business.

Also just to elaborate as what we discussed in previous post regarding the cover letter or A4 sheet items:

c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

For employees:

c) Confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

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

[benhuang]

Although it is not specified how old it can be, ideally it should be within 3 months (from date of application). So yes you can choose Oct also. It is simply to tick the box that your business has a UK bank account.

(iii) a business bank statement from a UK account which shows business transactions or a letter from the UK bank in question on its headed paper, confirming that the company or partnership has a bank account, that you are a signatory of that account, and that the company or partnership uses that account for the purposes of their business.

Also just to elaborate as what we discussed in previous post regarding the cover letter or A4 sheet items:

c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

For employees:

c) Confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.

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

Dear Cullinan,

Thank you for your detailed comments. I will definitely follow your advice.

I have one question regarding passport of the 2 employees. If the employees are only "settled status" i.e they are permanent resident but not British citizen, do I still need to submit the information page of their passport or are BRP of the employees sufficient ?

Kind regards

Ben

[CULLINAN]

vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK.

Tier 1 Ent Guidance.

[benhuang]

vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK.

Tier 1 Ent Guidance.

Dear Cullinan,

Based on the above guidance, if the workers are overseas national, I need to submit the biometric data page of their passport containing their photograph and personal details, and the biometrics residence permit since HO no longer put UK Government stamp or an endorsement on the passport page.

I hope i am correct. Thank you

Regards

Ben

[benhuang]

Dear Cullinan,

While waiting for your reply, i wish to clarify the main applicant set(O) after job creation sections, the heading is:

Additional information:
The instruction here says, If your business situation is unusual or complicated, you may wish to provide a further explanation of the evidence you will be providing as part of your application.

The additional info such as business’s activity, including an explanation of the goods or services it provides to its customers or clients, job title and description for both the main applicant/ 2 employees, etc as suggested by you earlier will be disclosed in the cover letter. So I can just leave this section blank, huh?

Thank you

Regards

Ben

[CULLINAN]

vi) If the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK.

Tier 1 Ent Guidance.

Dear Cullinan,

Based on the above guidance, if the workers are overseas national, I need to submit the biometric data page of their passport containing their photograph and personal details, and the biometrics residence permit since HO no longer put UK Government stamp or an endorsement on the passport page.

I hope i am correct. Thank you

Regards

Ben

Correct passport’s bio page and BRP.

[CULLINAN]

Dear Cullinan,

While waiting for your reply, i wish to clarify the main applicant set(O) after job creation sections, the heading is:

Additional information:
The instruction here says, If your business situation is unusual or complicated, you may wish to provide a further explanation of the evidence you will be providing as part of your application.

The additional info such as business’s activity, including an explanation of the goods or services it provides to its customers or clients, job title and description for both the main applicant/ 2 employees, etc as suggested by you earlier will be disclosed in the cover letter. So I can just leave this section blank, huh?

Thank you

Regards

Ben

Not sure what the question is. Can you clarify please? Is this a question in SET(O)?

[benhuang]

Dear Cullinan,

While waiting for your reply, i wish to clarify the main applicant set(O) after job creation sections, the heading is:

Additional information:
The instruction here says, If your business situation is unusual or complicated, you may wish to provide a further explanation of the evidence you will be providing as part of your application.

The additional info such as business’s activity, including an explanation of the goods or services it provides to its customers or clients, job title and description for both the main applicant/ 2 employees, etc as suggested by you earlier will be disclosed in the cover letter. So I can just leave this section blank, huh?

Thank you

Regards

Ben

Not sure what the question is. Can you clarify please? Is this a question in SET(O)?

Dear Cullinan,

I mean for the main applicant's Set(O), after i have filled up the job creation details, the next section is "Additional information" for the biz/ the job creation. I think this section asked me whether i want to furnish additional information in the box regarding the biz/ job creation. If yes, just write in the box.

The instruction for this section is: "If your business situation is unusual or complicated, you may wish to provide a further explanation of the evidence you will be providing as part of your application."

My clarification is:
Since you have suggested me to furnish all relevant info regarding the biz/ job description/ job title, etc in the cover letter, i may give the above mentioned section a SKIP. i.e just ignore the additional info section and click next. I just want to confirm i am doing the right thing.

Thanks

Regards

Ben

[CULLINAN]

NO. This section is if your business situation is unusual. Tick NO to the question. Yes skip is the right thing.

The job description as stated in the previous post in detail is mandatory for all. Provide that on a separate A4 sheet or cover letter.

[benhuang]

NO. This section is if your business situation is unusual. Tick NO to the question. Yes skip is the right thing.

The job description as stated in the previous post in detail is mandatory for all. Provide that on a separate A4 sheet or cover letter.

Dear Cullinan,

Thank you for your clarifications!

I have question regarding the one month business bank statement. The bank statement consist of:

1.Page 1 of 6 - this shows the bank transactions with opening and closing balances (with business name , address, account number and dated 30/11/2020)
2.Page 2 of 6 - Heading is "useful information" and with full of small wordings
3.Page 3 of 6 - Interest rates for the period (with business name , address, account number and dated 30/11/2020)
4.Page 4 of 6 - completely blank
5.Page 5 of 6 - Heading is "Invoice" (with business name , address, account number and dated 11/11/2020)
6.Page 6 of 6 - Summary of service provided for the period (with business name , address, account number and dated 9/11/2020)

Do i have to submit all the 6 pages as they are labelled page 1 of 6, page 2 of 6,...etc. ? and I wonder submit all the 6 pages would confuse HO?

Awaiting for your reply.

Thank you.

Kind regards

Ben

[CULLINAN]

Submit 1 month bank statement as it is generated with all pages.

[benhuang]

Submit 1 month bank statement as it is generated with all pages.

Dear Cullinan,

I wish you have a great day!

Noted your comment to submit the 1 month bank statement with all pages.

I am now have a final review on my cohabitation documents. As the last grant of leave is from 12/6/2019 and expiring on 12/6/2021. The cohabitation documents that we are going to furnish are from July 2019 onwards until December 2020 (note: the tentative date of ILR application is "this few days") which is less than 2 year-period. So am I ok with the documents less than 2 year-period or i have to submit the documents for at least 2 years??

Thank you.

Kind regards

Ben

[benhuang]

Submit 1 month bank statement as it is generated with all pages.

Dear Cullinan,

I wish you have a great day!

Noted your comment to submit the 1 month bank statement with all pages.

I am now have a final review on my cohabitation documents. As the last grant of leave is from 12/6/2019 and expiring on 12/6/2021. The cohabitation documents that we are going to furnish are from July 2019 onwards until December 2020 (note: the tentative date of ILR application is "this few days") which is less than 2 year-period. So am I ok with the documents less than 2 year-period or i have to submit the documents for at least 2 years??

Thank you.

Kind regards

Ben

Dear Cullinan,

I want to make a correction. I would say most of the cohabitation documents are from July 2019 onwards until November 2020.

Regards

Ben

[CULLINAN]

Cohabitation documents are needed for yourself i.e. the dependent partner for the last 2 years from the date of application (counting backwards). Ideally from 3/4 different sources spread evenly through last 2 years i.e. every 3/4 months. Ideally in joint names, otherwise top it up with solo names with same address.