Job Creation for ILR for Tier 1 Entrepreneur visa

[agnesmary]

Hi all,

Allow me to rephrase my question above.

Am I allowed to combine the employment months for both companies for Employee 1? 8 months (for ABC Ltd) + 4 months (for XYZ Ltd) ?

Do I need to sign the FPS and payslips? I remembered having to do this for my first extension but unsure whether this is compulsory for ILR submission.

Many thanks in advance for your kind feedback.

[agnesmary]

I would like to clarify my ILR dateline eligibility with members of this forum.

This is my current visa status:
• Initial T1 Entrepreneur visa granted in August 2012 and my current visa expires on 15th December 2017.

Can I submit my ILR application before my visa expires (am thinking of the last week of November 2017) or did I make a huge blunder by missing the dateline submission of 5 years of continuous period ie. August 2017?

[CR001]

Can I submit my ILR application before my visa expires (am thinking of the last week of November 2017) or did I make a huge blunder by missing the dateline submission of 5 years of continuous period ie. August 2017?

There is no rule that says you MUST apply at the exact 5 year point. You can apply at any time once you meet the requirements but before your visa expires.

[agnesmary]

Hello Char,

Thank you for your swift reply.

If only you knew how relieved I am to hear a positive reply. I will never forgive myself if I had stupidly missed the ILR dateline.

Sending you a big virtual hug.

[Haannii]

I would like to clarify my ILR dateline eligibility with members of this forum.

This is my current visa status:
• Initial T1 Entrepreneur visa granted in August 2012 and my current visa expires on 15th December 2017.

Can I submit my ILR application before my visa expires (am thinking of the last week of November 2017) or did I make a huge blunder by missing the dateline submission of 5 years of continuous period ie. August 2017?

Hi
Can you please share the documents list for ILR application or where can i see all required documents list in this forum please
Many thanks in advance

[zimba]

Do NOt tag your question on someone else's topic SET(O) form clearly tells you the documentation required for ILR under Tier 1E

[agnesmary]

Hi Haannii,

Zimba is right. The SET(O) form and Tier 1 Guidelines clearly state the documentations required for ILR application.

Here's my checklist for ILR:

Passports (Original + Photocopies of personal detail pages)

BRP Cards (Original + Photocopies)

Two recent Passport-sized Photos (Full name written behind each photo)

For settled workers : Copies of British or EU Passports or UK registration certificate/permanent residence document (for EU citizens)showing biometric data page with photograph & personal details

Printouts of Real Time Full Payment Submissions showing total payments made to settled workers, income tax deductions & start/leave date of each settled worker for the entire employment period

Duplicate pay slips for each settled worker for full employment period

For Company Director : Printout from Companies House showing company's filing history page + personal appointments history + date of appointment as company director

Life in the UK Test notification letter (original + Photocopies)

English B1 Certificate SELT reference number (if required)

Cohabitation Evidence (if applying with dependant)

Cover Letter (not mandatory)

Business Investment not less than 200K (No evidence of investment required if you were awarded points in your previous grant of leave as T! Entrepreneur migrant)

[agnesmary]

Hello fellow members,

I'm thinking of submitting my ILR application in November. Should i printout copies of Companies House documentation now or closer towards the date of application? I think I might have read somewhere in the immigration rules that Companies House documentation should be valid 3 months before the date of application. Then again, I could be wrong.

Appreciate if someone can clarify this matter. Thank you.

[zimba]

You must be engaged in business activity at the time of your application to extend your leave and provide the specified evidence (CAR) to show that you were registered as a director/partner in the 3 months before you apply

[agnesmary]

Hi respected members,

I submitted employees P45 and P11 during my initial period of leave in 2015.
However for ILR submission, the guidelines clearly specifies the following as evidence for job creation: passport copies of settled worker, full payment submissions (FPS) and duplicate payslips.

Can someone please advise whether I need to provide P45 and P11 as job creation evidence for ILR application, if the job was created in the initial period of leave (2015) and was maintained a few months during the current extension period of leave?

Thank you in advance for your kind feedback.

[Kai2015]

Hi,

In page 41 of the application form, you are asked to tick the following:

- Employee Payment Records, original HM Revenue & Customs P45 or P46.

So I assume that if you have P45 or P46, you should certainly enclose them.

[Ameten]

Many thanks for your advice, Marcnath

Evidence that the employee is a settled worker
Question 1 :Can I hire an EEA national by submitting her Certificate of Naturalisation as a British citizen as evidence of a settled worker?
Question 2 : Based on the Tier 1 Entrepreneur visa guidelines, an EEA national can also provide a UK
registration certificate/permanent residence document as evidence of a settled worker.
Is it acceptable for me to provide her UK registration certificate/permanent residence document AND her Certificate of Naturalisation as evidence for my ILR application?

Please just to be cleared on who is a settled worker? Is a non EU and non EEA with an ILR qualifies to be a settled worker? I will appreciate if there is any link to back the answer up. Thanks.

[agnesmary]

Hi,

In page 41 of the application form, you are asked to tick the following:

- Employee Payment Records, original HM Revenue & Customs P45 or P46.

So I assume that if you have P45 or P46, you should certainly enclose them.

Thank you for your reply, Kai2015.

Based on the policy guidance below, For reporting from 6 October 2013 onwards printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC.. My first Real Time FPS reporting was done in 2014. Therefore it's compulsory for me to provide Real Time Full Payment Submissions. Employee Payment Records, original HM Revenue & Customs P45 or P46 are additional evidence (optional).

Tier 1 (Entrepreneur) Policy Guidance - version 04/2017, page 54 states the following:
Evidence to show you are reporting Pay As You Earn (PAYE) income tax
186. You must provide evidence that you are reporting Pay As You Earn (PAYE ) income tax appropriately to HM Revenue & Customs (HMRC), and have done so for the full period of employment for which points are being claimed, as follows:
1) For reporting up to and including 5 October 2013 only:
a) Printouts of Employee Payment Records and, unless the start date of the employment is shown in the Employee Payment Record, an original HMRC form P45 or form P46 (also called a Full Payment Submission) for the settled worker showing the start date of the employment, or
b) Printouts of Real Time Full Payment Submissions which confirm the report of PAYE income tax to HMRC (if you began reporting via Real Time before 6 October 2013); and

2) For reporting from 6 October 2013 onwards printouts of Real Time-Full Payment
Submissions which confirm the report of PAYE income tax to HMRC.

187. This evidence in 1) or 2) above must show the total payments made to the settled workers as
well as the tax deducted and date which they started work with the applicant’s business.
188. From 6 October 2013, all businesses were required to report PAYE via Real Time Full
Payment Submissions.

[agnesmary]

Hi Zimba88, Marcnath & fellow members,

Before I proceed with my explanation, I would like to apologise if I'm overthinking and getting paranoid about my current situation.

I first entered the TI Entrepreneur route in August 2012. Received my extension on 15th December 2015, which means for ILR, I may continue to employ and score points for employment from 15th December 2015 onwards equivalent to 104 weeks of full time employment.

The TI Entrepreneur policy guidelines states if an applicant successfully applied to enter the route before 6 April 2014, this qualifies them for pre-6 April 2014 transitional arrangement in terms of employment.

Does the term "successfully applied to enter the route before 6 April 2014" means the initial date I entered the route (August 2012) OR the date my extension was granted (15th December 2015)?

Am I eligible for pre-6 April 2014 transitional arrangement?

[zimba]

You entered the route in 2012, so you are under transitional arrangements

[hamalt66]

You entered the route in 2012, so you are under transitional arrangements

Hi Zimba, I keep hearing about Transitional Arrangement phrase here in the forum, and I am really not sure what that is? Is there a link to a document that explains what is this transitional arrangement exactly?

[zimba]

Read the Tier 1E guide. Explained there

[hamalt66]

Is it safe to assume that changing job titles will have no negative implications on my ILR application?
Correct - no impact on job titles.

Hi Marcnath, does that mean we can submit evidence of 2 jobs of the same job title? For example, both jobs created are of the title Sales person? Or do we need to create 2 different job roles?

[agnesmary]

Hello gurus and fellow members,

Does a PBS Dependant has permission to work with other companies whilst Tier 1 Entrepreneur ILR application is being processed? Appreciate some feedback on this matter.

[CR001]

Hello gurus and fellow members,

Does a PBS Dependant has permission to work with other companies whilst Tier 1 Entrepreneur ILR application is being processed? Appreciate some feedback on this matter.

A PBS Dependent can work for any company. Does the dependent have a valid visa??

[agnesmary]

The PBS Dependant's visa is valid until 15th December 2017 (same date on BRP).

The SET(O) Guidance Notes - Page 9 states :
" Your status while your application is being considered
If you and any dependants apply before the end of your leave to remain in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/ are decided."

With regards to the guidance above, does PBS Dependant have permission to work with any company after visa expires?

[CR001]

They do, provided they apply for another visa or ILR before their visa expires. But whether an employer will employ them if they are looking to change jobs or start a new job is another matter altogether.

[agnesmary]

PBS Dependant and myself will be applying for our ILRs (via Tier 1 Entrepreneur route) at the same time.
I will still carry on with my existing business but unsure whether my partner can seek employment elsewhere (he received an interview email this morning) whilst our applications are being processed by UKVI and both visa expires on 15th December 2017

[CR001]

Whereas he can work, without the proof of right to work, many employers won't take the chance if the visa has expired.

[agnesmary]

Whereas he can work, without the proof of right to work, many employers won't take the chance if the visa has expired.

Thank you very much for your swift response