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ILR (Tier 1E)

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sonirulz
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ILR (Tier 1E)

Post by sonirulz » Thu Mar 02, 2017 12:37 pm

Dear Members,

I have recently got my extension visa and was preparing for my ILR which is due in Feb 2019.

My husband is my dependent since Oct 2013. Will he qualify for ILR prior to me becoming ILR as he will complete his 5 year tenure as a dependent in Oct 2018? Or will he qualify for ILR along with me?

Appreciate your advise on the same.

Thanks
Soni

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CR001
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Re: ILR

Post by CR001 » Thu Mar 02, 2017 12:42 pm

sonirulz wrote:Dear Members,

I have recently got my extension visa and was preparing for my ILR which is due in Feb 2019.

My husband is my dependent since Oct 2013. Will he qualify for ILR prior to me becoming ILR as he will complete his 5 year tenure as a dependent in Oct 2018? Or will he qualify for ILR along with me?

Appreciate your advise on the same.

Thanks
Soni
NO, he will only qualify for ILR when you do. A PBS dependent cannot apply for ILR without the main PBS migrant based on 5 years. This would only be possible for 10 years long residence ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sonirulz
Junior Member
Posts: 84
Joined: Wed Jan 22, 2014 5:11 pm

Re: ILR

Post by sonirulz » Wed Mar 29, 2017 1:24 pm

Dear Members and Zimba,

As I am enquiring regarding ILR on 5 years route. I would really appreciate if I can receive some insights on the below-mentioned queries:

My initial visa was granted pre 6 April 2014 so I fall under the old rule of Job Creation.
Please can you advise on the following queries:
1. If I discontinue in my current business and start a new business, will I be able to claim Job creation point from the old business till the date I was a director in that business and later on claim points from my new business for job creation as well?
Eg: If I had an employee for 6 months in my old business and then I left the directorship and decided to start a new company and have an employee for 18 months will that qualify for job creation point equivalent to 2 employees?
2. Does my new business have to be of the same SOC code?
Eg: I am an Ergonomist and Physiotherapist by profession so my current business model is on same SOC code. Can I run a business in different SOC code such as in business management or any other field?
3. Please advise me if I will qualify for job creation point if I recruit apprentice as well under the government scheme of promoting apprentice at workplace? I believe they are also categorised under employment rules of minimum wage.

Appreciate your advise.

Thanks
Soni

seasky
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Re: ILR

Post by seasky » Wed Mar 29, 2017 1:32 pm

sonirulz wrote:Dear Members and Zimba,

As I am enquiring regarding ILR on 5 years route. I would really appreciate if I can receive some insights on the below-mentioned queries:

My initial visa was granted pre 6 April 2014 so I fall under the old rule of Job Creation.
Please can you advise on the following queries:
1. If I discontinue in my current business and start a new business, will I be able to claim Job creation point from the old business till the date I was a director in that business and later on claim points from my new business for job creation as well?
Eg: If I had an employee for 6 months in my old business and then I left the directorship and decided to start a new company and have an employee for 18 months will that qualify for job creation point equivalent to 2 employees?
2. Does my new business have to be of the same SOC code?
Eg: I am an Ergonomist and Physiotherapist by profession so my current business model is on same SOC code. Can I run a business in different SOC code such as in business management or any other field?
3. Please advise me if I will qualify for job creation point if I recruit apprentice as well under the government scheme of promoting apprentice at workplace? I believe they are also categorised under employment rules of minimum wage.

Appreciate your advise.

Thanks
Soni
You can have employees across multiple businesses just make sure you have all the evidence. For £200K route you can change to any allowed business (no idea on £50k route)

Don't forget to be a director at point of extension (which must be very soon if u are pre Apr 14). Also let's be realistic that closing and opening business that doesn't make sense (Physiotherapy to Management Consultant) will raise flags.

Good luck

sonirulz
Junior Member
Posts: 84
Joined: Wed Jan 22, 2014 5:11 pm

Re: ILR

Post by sonirulz » Wed Mar 29, 2017 1:42 pm

Thanks for your advise. So if I had employee who worked for 6 months in my old business but later on the busienss was dissolved as I started a new company. Will I still be able to claim points from the dissolved company till the point it had employees and I was director?

Or is it that because I dissolved it I will not be able to claim points?

Thanks
Soni

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zimba
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Re: ILR

Post by zimba » Wed Mar 29, 2017 2:27 pm

Yes you can
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sonirulz
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Posts: 84
Joined: Wed Jan 22, 2014 5:11 pm

Re: ILR

Post by sonirulz » Wed Mar 29, 2017 3:20 pm

Thanks Zimba for your advise. Please can you advise me of the below mentioned query as well:

1. Does my new business have to be of the same SOC code?
Eg: I am an Ergonomist and Physiotherapist by profession so my current business model is on same SOC code. Can I run a business in different SOC code such as in business management or any other field?

2. Please advise me if I will qualify for job creation point if I recruit apprentice as well under the government scheme of promoting apprentice at workplace? I believe they are also categorised under employment rules of minimum wage.

Thanks
Soni

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zimba
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Re: ILR

Post by zimba » Thu Mar 30, 2017 9:16 am

1. Does my new business have to be of the same SOC code?
Eg: I am an Ergonomist and Physiotherapist by profession so my current business model is on same SOC code. Can I run a business in different SOC code such as in business management or any other field?
SOC codes are not relevant
2. Please advise me if I will qualify for job creation point if I recruit apprentice as well under the government scheme of promoting apprentice at workplace? I believe they are also categorised under employment rules of minimum wage.
Yes, I do not see why not.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sonirulz
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Posts: 84
Joined: Wed Jan 22, 2014 5:11 pm

Re: ILR (Tier 1E)

Post by sonirulz » Thu Mar 30, 2017 10:07 am

Thanks Zimba for your advise but can I change my business type from healthcare to business and management fro the 5 years Entrepreneur visa ILR application?

Thanks
Soni

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zimba
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Re: ILR (Tier 1E)

Post by zimba » Thu Mar 30, 2017 12:05 pm

sonirulz wrote:Thanks Zimba for your advise but can I change my business type from healthcare to business and management fro the 5 years Entrepreneur visa ILR application?

Thanks
Soni
There is no restriction
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sonirulz
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Posts: 84
Joined: Wed Jan 22, 2014 5:11 pm

Re: ILR (Tier 1E)

Post by sonirulz » Thu Mar 30, 2017 12:19 pm

Thanks for your response. Please can you help me with this final set of queries:

1. If I start a new business do I have to provide accounts for the same?
2. I have qualified for investment during my extension so I don't require to prove it again?
3. If I have the same 1 employee who continues will he require to continue for 24 months or 12 months only?
4. Do i submit most of the same documents as CAR and corporation tax documents during ILR?

Thanks
Soni

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zimba
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Re: ILR (Tier 1E)

Post by zimba » Thu Mar 30, 2017 2:16 pm

1. If I start a new business do I have to provide accounts for the same?
No
2. I have qualified for investment during my extension so I don't require to prove it again?
YES
3. If I have the same 1 employee who continues will he require to continue for 24 months or 12 months only?
24 months AFTER extension was granted if you want to claim it for ILR
4. Do i submit most of the same documents as CAR and corporation tax documents during ILR?
No
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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