Tier 1 Entrepreneur - ILR

[1954abbas]

could anyone kindly let me know: I am almost in my last 5 th year of tier 1 extension and would be applying for the ILR early next year in January 2018 along with my spouse and my two children over 18 years. Both my children were born in UK. Have operated a company successfully as a Director with excellent turnover of over 250k, recently was caught for driving without insurance by the police. It is quite recent and waiting for their action still. I am very worried that will this effect my Indefinite leave to remain application which I will be submitting in January 2018?
What shall I do? I don't know if the police will take me to the court or would settle it by asking for the fines and the points on my license. Please anyone to help me out!! Would be very grateful. Shall I disclose this in my application next year?

[zimba]

The director of a company with a turnover of 250K drives without insurance on the roads
Depends on the action taken by the police. If taken to court in which you will be probably convicted, you will fail the good character requirement and will not be able to get ILR. In that case you must apply for a second extension on your Tier 1E visa. I'll wait and see what happens

[Casa]

It will have to be declared. Do you have any points on your driving licence at present?

[CR001]

It will have to be declared. Do you have any points on your driving licence at present?

OP still waiting to hear what will happen apparently

[1954abbas]

Hi, Zimba 88 & Casa,
Many thanks for your very kind reply. I really appreciate & respect your comments that how is it possible for a responsible company director to come on the road without insurance?? Well if you allow me then I would like to explain the circumstances which lead me to come on road without insurance.
I had bought a vehicle in early December 2016 for my son on his passing driving test. Being December so the car was kept for full winter not driven at all parked in my private garage. It was SORN & not insured since it was not to be driven till winter ended. Now in April 2017 when weather improved so attended the car but found the battery was completely dead & failed to start.
Called home side assistance & was told that they can only attend the car if it was taxed. Further they told me that if we cannot start your car then would take it to the garage of your choice within 10 miles radius.
So the same day got it taxed via DVLA. Informed the Rescue people & they came up to start the engine. Technician worked for over an hour & found out that starter had gone completely & needed to replace. He succeeded in starting the car by beating the starter with Rods & all that & told me to take
it to the garage before the engine stops again. I told him that I cannot take the car since it is not insured & moreover it might stop on the way. So I asked him to tow it till the garage. He said that is not possible since he has a standard van & moreover he assured me that you are NOT driving for any other reason but taking to garage to replace the starter. I still refused so he said not to worry but he can ESCORT me till the garage.
My dear zimba, in the meantime he gave me a company note for attending the vehicle & having started the engine. IT IS WORTH TO NOTE HERE THAT THE MILEAGE ON THE VEHICLE ON 8 APRIL 2017 WAS ALMOST SAME AS OF DECEMBER 2016 WHEN PURCHASED, CONFIRMING THAT THE CAR WAS NOT DRIVEN AT ALL. ( I am keeping all those poofs as evidence if god forbid needed at the time of getting ILR.)
So to continue further he as said agreed to follow me till the garage which was hardly not even 2 miles from my place. As soon as I moved & had not gone even half a mile that I noticed that the engine was making funny sound like suffocating. I immediately stopped on the left side of the road & so this Road side Rescue man who was following me. He came out & asked me what happened? I told him the problem & the engine was still on. He was standing on my right side while I was on the drivers seat. He was holding the drivers side door wide open & told me not to worry but to do what exactly he tells me to do. Then he told me to put my leg on the accelerator so that he may see & feel the engine. It was an automatic car. When he said to put my leg on the accelerator I looked at him twice to what he was saying. I was really wondering if I should do that. He again said not to worry but to do what he was saying. Now he was a professional technician & I took his words. As soon as I put my leg on the accelerator the car being faulty all of a sudden went in reverse & hit his van which was immediately parked behind my car. My leg was injured in the process since he had left the drivers side door opened. He was to be a qualified technician in my opinion.
So since collision occurred & both cars were damaged & on contacting his control he was told to get police involved. Then this whole scenario of car with no insurance came up. Let me mention here Zimba, that I have given a full report to the police what exactly had happened duly signed by me.
Now I have mentioned in full detail what exactly had happened & I would certainly inform all this detail while submitting my ILR application.
Now my friend please tell me where I stand???
I really hope & pray that the police may not send me to magistrates court & things get settled & me learning a lesson.
Please it is a very humble request to tell me where I stand & what should really me by next step.

[1954abbas]

Sorry the above message is indeed very long. I tried to edit it but could not.Do let me know how to edit it please. Did try from FAQ but did not work.

[CR001]

Sorry the above message is indeed very long. I tried to edit it but could not.Do let me know how to edit it please. Did try from FAQ but did not work.

You only have 15 minutes after you submit the post to edit. It cannot be edited by you now and it is so long and difficult to read that it likely is putting members off responding.

[zimba]

I am not sure what you are trying to get here ?? The advice is simply wait and see what happens with the police.
Update here when you have that !

[1954abbas]

Thanks for your reply. May I ask you if your employee during the two years of employment goes for SMP i.e. Statuary Maternity Pay, then will this period be considered as a full time job. Indeed I as an employer am paying her SMP & cannot tell her to leave the job if she is pregnant & since she is alreay on full time job. So will HO consider that period of SMP as a full time employed period?

[zimba]

The rules do not cover this area. You should certainly treat a fully paid leave period as normal working period.
However given that the hourly rate changes during SMP, I suggest to split the full time and maternity leave periods separately, each with their appropriate hourly rate (each period on a new row in the job table on the form)

[1954abbas]

Thanks Zimba for your super reply. The question is you have mentioned that:

The rules do not cover this area. You should certainly treat a fully paid leave period as normal working period.
However given that the hourly rate changes during SMP, I suggest to split the full time and maternity leave periods separately, each with their appropriate hourly rate (each period on a new row in the job table on the form)

She as you can understand is not coming for the job & as such my accountant calculated her salary as per SMP requirement.
Which is less as you know then the normal full pay which she was getting before SMP. So is it not correct to give her as per SMP calculation?
Do I have to pay her the original full salary when she was not on maternity leave?
Now since last September 2016 she is on SMP. So please tell me what I should do. Many thanks.
Do I have to pay extra to equal it as per her full salary?

[zimba]

Talk to your accountant on how much you HAVE to pay within the law. The Tier 1E rules require you to follow the law !
For your visa purposes, it is simple. If the hourly rate of an employee changes, you MUST enter such period separately on the form. If not, you do NOT need to do anything. So if you are paying the same hourly rate as a full time during maternity leave, you do not need to do anything. Otherwise enter it separately with the relevant hourly rate.

[1954abbas]

Hello! Once again. It says in Tier1e guidelines that:

Q20 - Do I need to take photocopies of documents submitted?
The application form states the following - You should photocopy each of these documents and provide the copies in addition to the originals. You should also provide passport/s along with photocopies of any pages that contain personal details, visas or immigration stamps (foreign or UK).

Now do I have to submit photocopies & original of all my passports & visa entry stamps for U.K. & other countries. I have over 13 passports covering 41 years!! since I am now 63 close to retirement. For uk only I have over 250 entries besides many many other countries. Since I have been resident in many countries as an international bank executive. So do I have to submit besides off course original passports, all these copies of hundreds of visas & entries.

[zimba]

I cannot see this in the guide. There is no need to send photocopies of documents. I never done that

[1954abbas]

Zimba you are really very prompt in reply.
Still waiting for the police reply. Meanwhile if repeat if 2nd extension of 2 years is asked for 24 months cover period of spent, then WHAT APPLICATION FORM is to filled in please.

[zimba]

For ILR you need to use SET(O)
For Tier 1E extensions you use the Tier 1E form as usual.

[1954abbas]

My dear Zimba, extremely grateful for prompt replies. Now again IF I go for this 2nd Tier1e extension for 2 yrs then out of the last 95 points earned, I only need this time to show 2 workers full time for total 2 years. Right?
what other points needs to be shown since I have already shown 75 points in the last 2 yrs extension.
Will this life in U.K. Test required. I think no.
Investment of 200k already shown.
Registered with HMRC already shown.
Maintance funds I don't know?
Company house showing me as Director 3 months prior. Yes needed right?
What other things needed.
ENGLISH language already shown.
Please summarise what exactly I need to present besides 2 employees who are already working now.
Then one million question please:
After the end of 2nd year extension & hopefully applying for ILR:
Do I need AGAIN TO SHOW TWO EMPLOYEES IN THE NEXT TWO YEARS. I mean during the 2nd extension period. I would have already shown now to get the 2nd extension. So need to repeat for ILR application also.?
What about the penalties if I get God forbid & yet unspent now. Do I need to declare in this 2nd extension application Tier1e?

[zimba]

For a second extension, there is NO NEED to prove investment, or showing your registered within 6 months and or the English language.
However all the other extension criteria apply including maintenance. You just need:
- Current registration evidence with HMRC or companies house (showing you remain a registered director or self employed)
- Maintenance for min 90 consecutive days
- Jobs evidence

After the end of 2nd year extension & hopefully applying for ILR:
Do I need AGAIN TO SHOW TWO EMPLOYEES IN THE NEXT TWO YEARS. I mean during the 2nd extension period. I would have already shown now to get the 2nd extension. So need to repeat for ILR application also.?

Yes. Unfortunately the rules require jobs to be created/maintained during the LAST grant of leave, when you apply for extension or ILR under Tier 1E. So you need to maintain the jobs for ILR too

What about the penalties if I get God forbid & yet unspent now. Do I need to declare in this 2nd extension application Tier1e?

Yes. If you have any court conviction (spent or unspent), you need to declare them on the form. However all convictions need be spent for ILR to be successful

[1954abbas]

Zimba if your criminal record is completely clear & no convictions at all & so PCN. I mean the criminal record report which you apply for on small payment. Further if you put all the details with proofs leading to drive with no insurance. The whole story you know it. Still you think then case worker would refuse ILR application.
Will he or she not check the criminal record & then read the details mentioned leading to that situation. Will the logic, curcumtaces & the facts all to be ignored.
Also if one has an international driving license indeed one can drive if entered U.K. within 12 months time then as you must be aware that police would never issue FPN but would refer to court to take up the matter. Where one would stand in such scenario??

[seasky]

An interesting situation arises if u get 2nd extension and shortly thereafter this issue becomes spent.

If u apply for ILR techically yoir last period of visa will not yet have 2 years of employemnt.

I would contact UKVI there may be a sympathetic ear.

[zimba]

Zimba if your criminal record is completely clear & no convictions at all & so PCN. I mean the criminal record report which you apply for on small payment. Further if you put all the details with proofs leading to drive with no insurance. The whole story you know it. Still you think then case worker would refuse ILR application.
Will he or she not check the criminal record & then read the details mentioned leading to that situation. Will the logic, curcumtaces & the facts all to be ignored.

Well you need to pass the Good Character Requirement which is quite specific. Again you need to wait

Also if one has an international driving license indeed one can drive if entered U.K. within 12 months time then as you must be aware that police would never issue FPN but would refer to court to take up the matter. Where one would stand in such scenario??

It is up to the driver to comply with the local rules. When you sit behind the wheel, you must know the local rules on the road and the consequence of breaking them. Ignorance of the law is not a defence

[1954abbas]

thanks my dear Zimba for your super replies as usual. Will my IELT certificate received in my initial Tier 1/e would be accepted in ILR application? It is indeed over two years now but it says somewhere that if any such certificate was accepted by UKBA on immigration entry then it should be fine. Reading different posts now is creating confusion. Do I need to have my english test also now or shall present this old IELT received in 2012?
many thanks

[zimba]

FAQs - English language requirements for settlement

[1954abbas]

Dear Zimba, many thanks once again. Well your link to the English language test still is unclear to me. I got my Tier1e on 2 November 2012 & uk entry on 11 November 2012. Indeed my IELTS were done with 7.5 score. My question again is: Do I have to get another English test done or this IELTS which is well over 4 years now will be ACCEPTABLE?
My 2nd question is: since I got the initial Tier1e on 2 November 2012 & entered U.K. On 11 November 2012 then when I can apply for my ILR? If I do within 28 days of my visa stamped i.e. on 2 November 2012 then the question is that my employees employment period would NOT COMPLETE exactly 2 years. Since the extension visa was from January 2016. Please let me know if it is essential to complete 2 years full employment when your five year completes sometimes in October 2017.
Thanks c

[zimba]

You can use a B1 level qualification taken more than 2 years ago if you are applying to settle in the UK and the qualification was accepted for another UK immigration application.

My 2nd question is: since I got the initial Tier1e on 2 November 2012 & entered U.K. On 11 November 2012 then when I can apply for my ILR? If I do within 28 days of my visa stamped i.e. on 2 November 2012 then the question is that my employees employment period would NOT COMPLETE exactly 2 years. Since the extension visa was from January 2016. Please let me know if it is essential to complete 2 years full employment when your five year completes sometimes in October 2017.

Yes, you need to have 24 months of employment from the date your extension was GRANTED. ILR can be applied within 28 days of finishing the 5 years which is October 2017 for you, HOWEVER you must meet ALL the other requirements too (including the employment)
You must wait until you are FULLY eligible (when you have the 24 months of employment) and apply then. I guess you have valid visa till Jan 2018.
If you want to apply at the earliest or cannot make it to 24 months with one employee, you better hire another employee to cover more months.