Accelerated ILR ( 5 Million)

[piercebody]

Hi Marcnath & Experts,

I have started my second company 2 years back and combining both companies turn over it is very close to 5M. Both companies I am the only director. Is this enough to qualify for the 5M route accelerated ILR.

First company 4M
Second company close to IM

Both companies are actively running. I have read in forums that 5M should be from the same company.?
Can you please clear this so that I will move on and wait for my 5 year completion.?

Kind regards,

[piercebody]

It looks like I can combine the business as well. In one of the forums admin or any expert strongly said it should be from a single business. Any experts or anyone have experience kindly advise. Thanks



You have spent a continuous period of 3 years lawfully in the UK with leave
as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the 2 jobs already relied
upon to score points under row 3) new full time jobs, which meet the
requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a
gross income from business activity of at least £5 million during the 3 year
continuous period, or
(iii) taken over or invested in an existing UK business or businesses and
your services or investments have resulted in a net increase in gross
income from business activity of £5 million during the 3 year continuous
period, when compared to the 3 year periods immediately before the date
the applicant became involved with the business as a Tier 1 (Entrepreneur)
migrant.

[piercebody]

Mr.Zimba said cant be combined.

Rules changed later or still is this is risky to apply.? Please advise.

uk-tier-1-entrepreneur-visas/tier-1-pbs ... l#p1442460

[marcnath]

It looks like I can combine the business as well. In one of the forums admin or any expert strongly said it should be from a single business. Any experts or anyone have experience kindly advise. Thanks



You have spent a continuous period of 3 years lawfully in the UK with leave
as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the 2 jobs already relied
upon to score points under row 3) new full time jobs, which meet the
requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a
gross income from business activity of at least £5 million during the 3 year
continuous period, or
(iii) taken over or invested in an existing UK business or businesses and
your services or investments have resulted in a net increase in gross
income from business activity of £5 million during the 3 year continuous
period, when compared to the 3 year periods immediately before the date
the applicant became involved with the business as a Tier 1 (Entrepreneur)
migrant.

This criteria is clear in that it does specify "business or businesses .
That would mean that you can combine turnover from multiple businesses.
Unfortunately, the previous thread does not have a conclusion whether the AR succeeded. It is possible Zimba was responding on the basis of his knowledge of other cases, so it would be wise to give it credit.
If I were in your place, unless I know of a specific case where it did nor succeed, I would give it a try. I would include a statement in the cover letter stating very clearly that as per the above clause I interpret multiple businesses can be combined.
There is very little downside, if ILR is not approved you will get an extension (as long as you meet all criteria). So I can't see any harm in applying if you feel you have met the criteria

[piercebody]

Thanks again for your great advice. To move forward, I will explain my situation and advise me to proceed further. I got the first extension already, and it is valid until Feb-2024.
Option 1: Based on the OP, I can apply for accelerated ILR at the end of March.
Option 2: Based on 5 yrs of completion, I can apply ILR in July.
Only a few months difference, but I still wanted to get it fast if there is no harm in giving it a try. If Option 1 is unsuccessful, can I try Option 2 in July, or will it be a downside for option 2 or any further visa or extension? I don’t mind losing the application fee, but I don’t want to have future issues for proceeding with option 1
Please advise and share your thoughts; thanks a lot.

[marcnath]

Thanks again for your great advice. To move forward, I will explain my situation and advise me to proceed further. I got the first extension already, and it is valid until Feb-2024.
Option 1: Based on the OP, I can apply for accelerated ILR at the end of March.
Option 2: Based on 5 yrs of completion, I can apply ILR in July.
Only a few months difference, but I still wanted to get it fast if there is no harm in giving it a try. If Option 1 is unsuccessful, can I try Option 2 in July, or will it be a downside for option 2 or any further visa or extension? I don’t mind losing the application fee, but I don’t want to have future issues for proceeding with option 1
Please advise and share your thoughts; thanks a lot.

There should be no impact if your accelerated ILR is rejected. Your existing extension remains valid. So it is only a matter of losing the fees. You can apply for your ILR in July on 5 year.

This is assuming you have met the job creation requirements after you received the extension last Feb.

[piercebody]

Hi Marcnath,
Thanks again for your valuable advise.

Regarding the job the requirement, I have this confusion or may be overthinking about the rules which said "new jobs" . Can you please clear this as well.

Last Feb 2022, my extension was approved with JOB A more than 12 months and Job B more than 12 months
( 2 jobs). From Feb 2022 I am maintaining the same job as JOB A with old employee 6 months and another 10 months with different employees. I have created JOB C and it going to have 12 months with this Feb 2023.

After my first extension, I am paying for JOB A more than 12 months and JOb C almost 13 months by this March. Now my question is the rule say we need 2 new jobs after the extension, in which my JOB A & JOB C are fine right..?? or do we need to use something like Job C & Job D after the extension without using JOB A.

I hope you got my point and kindly advise as I don't want any enquiry back which will delay the process.

Kind regards,

[marcnath]

Hi Marcnath,
Thanks again for your valuable advise.

Regarding the job the requirement, I have this confusion or may be overthinking about the rules which said "new jobs" . Can you please clear this as well.

Last Feb 2022, my extension was approved with JOB A more than 12 months and Job B more than 12 months
( 2 jobs). From Feb 2022 I am maintaining the same job as JOB A with old employee 6 months and another 10 months with different employees. I have created JOB C and it going to have 12 months with this Feb 2023.

After my first extension, I am paying for JOB A more than 12 months and JOb C almost 13 months by this March. Now my question is the rule say we need 2 new jobs after the extension, in which my JOB A & JOB C are fine right..?? or do we need to use something like Job C & Job D after the extension without using JOB A.

I hope you got my point and kindly advise as I don't want any enquiry back which will delay the process.

Kind regards,

Job A and Job C will be sufficient. You don't need to create new jobs, it is sufficient to continue previous job for 12 months.
But I am little confused by "JOB A with old employee 6 months and another 10 months " That would mean 16 months in total and it has been only 12 months since Feb 2022

[piercebody]

Thanks Marcnath for your clarification.

For JOB A, I had two staffs for four months ( due to heavy work load, all full time around 140+ hrs a month) with the same JOB title. If this is confusing, I will not account that extra staff or change the Job title for that staff. Please share your thoughts. Thanks

[marcnath]

Thanks Marcnath for your clarification.

For JOB A, I had two staffs for four months ( due to heavy work load, all full time around 140+ hrs a month) with the same JOB title. If this is confusing, I will not account that extra staff or change the Job title for that staff. Please share your thoughts. Thanks

No, that is fine