Tier 1 Entrepreneur to ILR

[GoodmanUK]

Good Evening,
I am on Tier 1 Entrepreneur Visa, the details are as under:
1. I have got my Tier 1 Entrepreneur Visa in October 2013 and expired in October 2016.
2. My 3 X dependents (Wife, Son and Daughter) got the Tier 1 Entrepreneur Dependent Visa in December 2013 but they arrived in UK in May 2014.
3. We did apply for extension in October 2016 and got successfully extension in January 2017 which will be expiring in January 2019.
4. My son born in April 2017 and I did not apply his dependent visa because we have no intention to travel outside the UK.
5. My 10 years are going to be completed in September 2018
6. My Tier 1 Entrepreneur Team member has got ILR yesterday using 10 years long residency route and using the same day premier service got decision within 2 hours of same day.
7. We have all the up to date records and requirements of the Tier 1 Entrepreneur Visa.

I have the following queries:
• Please advise me that which route I should go for ILR either using the 10 years long residency or using the Tier 1 Entrepreneur route.
• If I am using the 10 years route then my dependent will get their ILR after 5 Years and if I am using the Tier 1 Entrepreneur route they will get their ILR quickly.
• I am planning to use the Tier 1 Entrepreneur route so my dependents can get their ILR quickly.
• But unfortunately if my ILR refuse using the Tier 1 Entrepreneur route then can I reapply the ILR using the 10 years long residency route.

It’s been highly appreciated in advance all of your comments and suggestions.

Thanks and Regards

[sm12]

You can use either, but yes, you can apply again for ILR if you don't get it the first time.
One more thing to remember: you can only apply for the premier service using the 10 year route. If you choose the Entrepreneur route, you will have to apply by post.

[zimba]

Your dependants will not be eligible to apply with you for ILR under 5 year Tier 1E as their 5 year continuous period of stay starts from their date of entry to the UK (unlike yours which is the date of visa being issued)
They have to apply to extend their stay under PBS dependant route and vary to ILR later when you are granted ILR.
However under set(LR) their ILR will be delayed by another 5 years as they have to switch to FLR(M).

Also If your ILR is refused under PBS route (why it is refused matters) then you still can reapply via SET(LR), but the reason your ILR is refused under PBS route becomes quite important as your SET(LR) can potentially be refused on the same basis

[GoodmanUK]

Dear Zimba,

Thanks for your quick and in detailed reply . One more thing if i go for ILR using the 10 years long Residency route in August 2018 and suppose got the ILR. Then for my partner and 2 kids i have to show income of GBP 24,800/P.A. As you know that i am on Tier 1 Entrepreneur Visa and cannot become an employee to any company except my own business then how can i show the required income threshold.

Should i become the employee of my own company and show the income through my pay slips.

Should my wife become the employee of my company or any other company to show the income requirement.

OR Me and my wife both can share the required income and show the pay slips of both of us as a proof of required income.

Thanks and Regards

[zimba]

You can show the income from your own company if you or your wife get on the company's payroll. You can share the income required.
I still suggest to stick to the PBS route as it will be much better for your dependants

[ishfaqsangra]

For dependents the 5 year period to apply ILR will start from the date of entry? Not the date of visa granted
Can I have link to this guideline please?
I was under the impression that it will start the date visa is valid fom.

[zimba]

For dependents the 5 year period to apply ILR will start from the date of entry? Not the date of visa granted
Can I have link to this guideline please?
I was under the impression that it will start the date visa is valid fom.

See the discussion: indefinite-leave-to-remain/please-help- ... 41142.html

[ishfaqsangra]

Gone through.
Thanks Zimba.
Can I ask one more thing if Main applicant has applied for ILR and if dependents still have valid leave for few months .
Can dependent apply later despite main applicant decision pending for ILR giving his/her application refrence?

[zimba]

Gone through.
Thanks Zimba.
Can I ask one more thing if Main applicant has applied for ILR and if dependents still have valid leave for few months .
Can dependent apply later despite main applicant decision pending for ILR giving his/her application refrence?

Yes. They can apply later if they have valid visa

[GoodmanUK]

Dear All .

I am wondering that if anyone have got ILR using the Tier 1 Entrepreneur 5 years route only and not the accelerated route. If any one knows could some one share the link please .

Thanks and Regards

[zimba]

Check the timeline please: indefinite-leave-to-remain/ilr-postal-t ... l#p1511011

[sm12]

There are a few members who got ILR on the 5 year route. There are few on this timeline thread:
indefinite-leave-to-remain/ilr-postal-t ... 55-20.html

Also, here are a couple of threads by members who were successful:

indefinite-leave-to-remain/ilr-approved ... l#p1511845

indefinite-leave-to-remain/ilr-timeline ... 39907.html

Marcnath (who also got his ILR) made a very helpful post about the documents that he sent for Set(O) ILR (5 years route).
You can have a look here:
uk-tier-1-entrepreneur-visas/an-example ... 34487.html

[GoodmanUK]

Good Evening ,

Thanks very much for the prompt reply and really appreciated for your support.

I need some more advise on the following issue:

I got my first Tier 1 Entrepreneur Visa in October 2013 for 3 years expired in October 2016

I did apply for extension in October 2016 and successfully approved in Jan 2017 and valid till Jan 2019.

Could you please advise that when can i apply for ILR

In October 2018 when my five years are completed or i have to apply in January 2019 when my current extension of 2 years period completed.

If i can apply in October 2018 then i have the following employees details


1 X Employee = 21 months full time till October 2018( carry on from my previous extension application)
1 x Employee = 6 Months full time but left the company in September 2017 ( started in February 2017 and left in September 2017( can be consider or not )
2 x Employees= 6 Months part time and still working

I am on pre April 2014 transitional arrangement

one thing more if unfortunately my ILR application refused using tier 1 Entrepreneur route then can i have an appeal right or not .


My 10 years going to be completed in September 2018 but i want to apply ILR using PBS route due to dependents .

Thanks in advance

[zimba]

You can apply as early as Oct 2018. As advised above, your dependants will have to apply later when their 5 year is over, counted from their date of entry.
You simply need to show that you maintained/created 24 months of full time employment AFTER your extension approval date. You do not get a right to appeal any immigration decision

[GoodmanUK]

Dear Zimba,

Good Morning,

Thanks for your reply and you are very helpful.

I am sorry to disturb you again. Please give me advise on the employees combination as explained above . Is it correct combination for the pre April 2014 transitional arrangement

My dependents are 5 months shorts for the completion of 5 years as they entered in UK 5 months later after the approval of their initial application. And now their visas are going to expire in January 2019 . So i f apply in October 2018 for ILR then i have to apply their Tier 1 Entrepreneur dependent extension as well in October 2018 with me or should i wait till January 2019 when their current leave is going to expire.

Thanks and Regards

[GoodmanUK]

Good Morning to All,

I am going to apply my ILR in October 2018 . I am on pre 2014 transitional arrangement .

A: I have 1 x Full time employee , she was in my extension process and still continuous since my extension approved in Jan 2017

B:1 have 2 x part time employees and they are also continuous from my extension since it approved in Jan
2017

C: 1 have 1 x Full time employee started in June 2017

The employee in A and Employees in B will complete their continuous 12 months in January 2018 and will carry on as well .

Please advise Is it ok to carry on with the combination of A and B or the c need to be carry on as well .

Thanks and Regards

[zimba]

Please give me advise on the employees combination as explained above . Is it correct combination for the pre April 2014 transitional arrangement

Yes. Position A and B can be combined to score points for job creation

My dependents are 5 months shorts for the completion of 5 years as they entered in UK 5 months later after the approval of their initial application. And now their visas are going to expire in January 2019 . So i f apply in October 2018 for ILR then i have to apply their Tier 1 Entrepreneur dependent extension as well in October 2018 with me or should i wait till January 2019 when their current leave is going to expire.

They can stay on their visas until eligible for ILR.

[sky_rise]

You can show the income from your own company if you or your wife get on the company's payroll. You can share the income required.
I still suggest to stick to the PBS route as it will be much better for your dependants

Sorry to hijack this - this is exactly the question i have now in switching to ILR (LR) from Entrepreneur with one dependent who is not due for her ILR for the next two years.

Is it correct that we can both draw a salary each to combine a total of 18600 in the 12 months leading to the spouse application as long as the total "household" (two of us) income on payslips from my company would make 18600 over these 12 months? I will have all 12 months payslips and she maybe only 4 months - is that a right way?

thank you so much

SR

[GoodmanUK]

Dear Zimba,

Thanks very much for your help and advice. If i need more help i will disturb you again

Thanks and Regards

[sky_rise]

You can show the income from your own company if you or your wife get on the company's payroll. You can share the income required.
I still suggest to stick to the PBS route as it will be much better for your dependants

Sorry to hijack this - this is exactly the question i have now in switching to ILR (LR) from Entrepreneur with one dependent who is not due for her ILR for the next two years.

Is it correct that we can both draw a salary each to combine a total of 18600 in the 12 months leading to the spouse application as long as the total "household" (two of us) income on payslips from my company would make 18600 over these 12 months? I will have all 12 months payslips and she maybe only 4 months - is that a right way?

thank you so much

SR

hi sorry to chase but will really appreciate a view on this as it is very important at this stage.

regards

SR

[CR001]

You can show the income from your own company if you or your wife get on the company's payroll. You can share the income required.
I still suggest to stick to the PBS route as it will be much better for your dependants

Sorry to hijack this - this is exactly the question i have now in switching to ILR (LR) from Entrepreneur with one dependent who is not due for her ILR for the next two years.

Is it correct that we can both draw a salary each to combine a total of 18600 in the 12 months leading to the spouse application as long as the total "household" (two of us) income on payslips from my company would make 18600 over these 12 months? I will have all 12 months payslips and she maybe only 4 months - is that a right way?

thank you so much

SR

hi sorry to chase but will really appreciate a view on this as it is very important at this stage.

regards

SR

Instead of rudely hijacking another members topic, and admitting to hijacking and tagging on and then bumping the thread for a response to your hijacked question, why can you not either a) continue in a topic you already have or b) start your own topic with your questions??

[sky_rise]

You can show the income from your own company if you or your wife get on the company's payroll. You can share the income required.
I still suggest to stick to the PBS route as it will be much better for your dependants

Sorry to hijack this - this is exactly the question i have now in switching to ILR (LR) from Entrepreneur with one dependent who is not due for her ILR for the next two years.

Is it correct that we can both draw a salary each to combine a total of 18600 in the 12 months leading to the spouse application as long as the total "household" (two of us) income on payslips from my company would make 18600 over these 12 months? I will have all 12 months payslips and she maybe only 4 months - is that a right way?

thank you so much

SR

hi sorry to chase but will really appreciate a view on this as it is very important at this stage.

regards

SR

Instead of rudely hijacking another members topic, and admitting to hijacking and tagging on and then bumping the thread for a response to your hijacked question, why can you not either a) continue in a topic you already have or b) start your own topic with your questions??

Sorry for that it is just that this particular question and issue here are relevant - and since there were already responses to this particular issues i though it would be appropriate instead of repeating it once again and explaining in my own thread. Let me know if not and i will do this over my thread.

[GoodmanUK]

Dear Zimba and All,

Good Evening,

I am going to apply ILR soon using Tier 1 Entrepreneur route. Please advise on the following issue:

I know that there is no need to send the documents again to show the proof of investment because all the related documents have been shown during the extension process . The extension was approved. I am just confused should i send the SAME Director Loan Agreement again or not.

I have the following documents ready now as well:

1 X Full time Employee working more than 18 months
1 x Full time Employee working more than 8 months
1 X Part time Employee working more than 18 months
1 x Part time Employee working more than 12 months
1 x Part time Employee working more than 6 months

I think i am ok with the full time employees only . Please advise



(1)RTI Full Payment Submission of each month showing the start date and leaving date as well.

3 of my employees ( 2 part time and 1 full time ) are continuous from my extension period . So i have their old RTI Full Payment Submission in year 2016 which are showing their start date because they are still continuing , so is it ok to send 2016 RTI Full Payment Submission .
(2) P11, P32, P60
(3) Company accounts after the extension period
(4) Insurance Certificate for the last 5 years
(5) Company House documents (Director Appointment Report, Company Filing History , Company Registration Certificate etc
(6) CT600
(7) Corporation Tax paid receipts and employers NI and tax payment receipts
(8) Business invoices
(9) Accountant Letter confirming the creation of jobs
(10) Company Bank Statement
(11) Some professional Qualification Certificate
(12) Msc Degree Certificate
(13) Maintenance funds and IHS for my dependents
( 14) Life in the UK Test pass certificate
(15) All passports , photographs and BRP Cards of all the family members

I am going to apply for ILR and my 3 dependents are going to apply for second extension because they are 5 months short of completing their 5 years as Tier 1 Entrepreneur dependent. I have to use SET(O) form and my dependent will use the Tier 1 Entrepreneur dependent latest form . Please advise

[nasreen100]

Hi goodmanuk ,

Please I need help , in your first question you had mentioned about your friend who got ILR on long residency from trier 1 entrepreneur on same day appointment . Please tell me which premium service he used for that ? I'm in same situation as him . Waiting your reply

[zimba]

You do not need to send any investment proof. Just stick to what the SET(O) form requires