Continuing Business after ILR (part is Tier 1 Ent)

[n8net]

Hi,

my friend has been granted ILR under 10 yrs, part of which was Tier 1 Ent. leave. He is a genuinely passionate about the business and finding it increasingly hard to manage all his business activities, liaising with accountant, maintaining two job etc..and still has some money in his business bank account which he had deposited to get Tier 1 Entr part of which is not used.

I hv tried to help him with immigration and how he has PR, he want to be bit free from the stress of maintaining all this and just want to concentrate on the business and only to maintain what is necessary for HMRC and not for HO.

Now he has PR, I think he can do that, but just wanted to know any implications for his immigration if he does not stick to the rules of maintaining two jobs etc..

any advice ?

[zimba]

This has nothing to do with Tier 1E rules. He obtained ILR which means he is not subject to PBS migrant rules any more.
He is free to run the business as he wishes or take up an employment

[n8net]

that's what I thought so..but isn't there are provision to say "We have you visa partly, coz of business, how can U not continue it etc" by HO and then revoke the ILR (10 yrs) ?

is anyone aware of any such cases, just to be on the safe side ?

[zimba]

There is no such thing in the rules. ILR can only be revoked in very certain circumstances: Revocation of indefinite leave

[marcnath]

The only possible reason for revocation would be "has obtained leave by deception (ILR is revoked); ".

The T1E ILR application does have a mention about the fact that there should be an intention to continue Entrepreneurship.

While HO could, strictly speaking, use this reason if someone gives up his/her business and takes full time employment after a T1E ILR, it is not even a possibility here as this application was on the basis of LR.

[Mrchaany]

The only possible reason for revocation would be "has obtained leave by deception (ILR is revoked); ".

The T1E ILR application does have a mention about the fact that there should be an intention to continue Entrepreneurship.

While HO could, strictly speaking, use this reason if someone gives up his/her business and takes full time employment after a T1E ILR, it is not even a possibility here as this application was on the basis of LR.

The most non-senses remarks about settle visa.

[zimba]

The secretary of state must be satisfied with this when issuing ILR. What happens after ILR, whether the applicant remains in business is not relevant after this.HO cannot demand that you remain an entrepreneur after ILR has been granted and there are no rules to demand this. Your intentions could change after ILR is granted and you are not forced to follow any path, this is not deception.

[n8net]

thanks for the answers guys.. much appreciated.

[marcnath]

[quote="Business2business"]The only possible reason for revocation would be "has obtained leave by deception (ILR is revoked); ".

The T1E ILR application does have a mention about the fact that there should be an intention to continue Entrepreneurship.

While HO could, strictly speaking, use this reason if someone gives up his/her business and takes full time employment after a T1E ILR, it is not even a possibility here as this application was on the basis of LR.

The most non-senses remarks about settle visa.[/quote]

I agree that this would be near impossible scenario but there is a reason why they have left that as a reason for revocation. This allows for the possibility that "The secretary of state was satisfied with this when issuing ILR" based on deceptive information given in the application.

For example, if a criminal conviction was not listed in the application and the HO missed it in their checks, they would have the right to revoke the ILR later when they find it. Or if you managed to fake Bank statements well and they did not cross check with the bank, again they can revoke it if an when they spot it.

This argument can be extended to a situation where an applicant had applied for and accepted a full time job at the time of ILR application clearly indicating an intent not to continue his entrepreneurship. Legally, it gives HO the grounds to revoke the ILR. Even though I am quite sure the HO will never use it - one, they need to get that information and second, it is possibly not worth the bad publicity.