Help needed for Ent to ILR (Set O)

[marcnath]

Thanks Marcnath for your prompt reply in the matter.
But for ILR application we have to send 2 years previous annual accouts (i.e. 4th and 5th years accounts) along with few business bank statement for showing current activity and bank signatory letter too which can reflect the repayment of director loan to director.

And I read somewhere when the company is in loss or near to liquidation (which is not case here), the other creditor are paid off first than director itself for any loan given to company.

Waiting for your reply anxiously. Thanks

Can you point out where you found the requirement above ?

There is a requirement for ONE bank statement - is the only bank statement you have showing the repayment of loan.

Anyway, as pointed earlier, the immigration rules DOES NOT explicitly say the loan can't be repaid

[Mak9878]

Thanks Marcnath for your prompt reply in the matter.
But for ILR application we have to send 2 years previous annual accouts (i.e. 4th and 5th years accounts) along with few business bank statement for showing current activity and bank signatory letter too which can reflect the repayment of director loan to director.

And I read somewhere when the company is in loss or near to liquidation (which is not case here), the other creditor are paid off first than director itself for any loan given to company.

Waiting for your reply anxiously. Thanks

Can you point out where you found the requirement above ?

There is a requirement for ONE bank statement - is the only bank statement you have showing the repayment of loan.

Anyway, as pointed earlier, the immigration rules DOES NOT explicitly say the loan can't be repaid

Thanks Marcnath for clarifying this thing.

Normally i have seen people submitting accounts for ILR along with Ct600 especially after extension period.

Do you mean to say we dont need to send accounts after extension period for ILR?

I would be sending only current or 3 months back business statement for showing business trading Or shall i just send bank signatory letter? Or both together.

I would refrain to take any money out as repayment in before 3 months of submission.

Hope it would be ok.

[marcnath]

Thanks Marcnath for your prompt reply in the matter.
But for ILR application we have to send 2 years previous annual accouts (i.e. 4th and 5th years accounts) along with few business bank statement for showing current activity and bank signatory letter too which can reflect the repayment of director loan to director.

And I read somewhere when the company is in loss or near to liquidation (which is not case here), the other creditor are paid off first than director itself for any loan given to company.

Waiting for your reply anxiously. Thanks

Can you point out where you found the requirement above ?

There is a requirement for ONE bank statement - is the only bank statement you have showing the repayment of loan.

Anyway, as pointed earlier, the immigration rules DOES NOT explicitly say the loan can't be repaid

Thanks Marcnath for clarifying this thing.

Normally i have seen people submitting accounts for ILR along with Ct600 especially after extension period.

Do you mean to say we dont need to send accounts after extension period for ILR?

I would be sending only current or 3 months back business statement for showing business trading Or shall i just send bank signatory letter? Or both together.

I would refrain to take any money out as repayment in before 3 months of submission.

Hope it would be ok.

Go through the guidelines/forms and list all the documents. Do not just depend on people posting in this forum (including me) - you have to do that yourself. I have posted my own ILR application as a sample here (it is pinned at the top in the T1E forum). That can be a reference but rules have changed since then, so use it only as a guide.

[Mak9878]

Thanks Marcnath.

Could u please give me link for your ilr application, i tried to find in T1E forum but could not find it.

Thanks

[CR001]

Thanks Marcnath.

Could u please give me link for your ilr application, i tried to find in T1E forum but could not find it.

Thanks

How hard did you look?? Near top of the Tier 1 Ent page.

an-example-of-the-application-and-document-attachments (click)

[Mak9878]

Hi Marcnath,

Hope you are at the best of your health. I am in big trouble again in regards to dependent visa.

My wife has joined me since June 2018 (nearly 6 months) as T1 Ent Dependent and I am ready to go for ILR Set (O) hopefully before 6 April 2019 and our visa runs out in June 2019.

One solicitor is suggesting me to apply for your wife as Tier 1 Ent Dependent at same time with your application and other solicitor is suggesting to go with spouse route (he will ask HO to retain application till my ILR decision comes).

Now problem i am facing is that I have not been withdrawing any salary due to business loss concern but my wife is earning since 3 months. By 6 months (upto march 2019) her salary will hit by £6000 gross, So 2nd solicitor has suggested that if you withdraw salary in same 6 months period of £3500 or if your wife can earn through same amount in 2nd job. So your family income in 6 months will be equal to £9500 (which is half of £18600) that means you qualify for financial requirement. so your wife can qualify for spouse route and can apply together with you or later (before visa runs out in june 2019).

If i go with first solicitor suggestion, that means I have to maintain my maintenance £945 plus wife maintenance £630 altogether £1575 for 90 days and apply at the same time.

But I am not sure about the 2nd solicitor approach regarding spouse route. Second solicitor also said that you would need 6 evidences of you and your wife as cohabiting documents such as DVLA, Vote registeration letter, NI letter, Bank statement, NHS letter, teneancy agreement, utility bills etc to prove that you are living together. And i just have dvla, ni letter, bank statment, nhs letter for my wife.

I am really confused, which route should i take for my wife or shall i apply for her together or seperate (before visa runs out in june 2019)

waiting for your valuable suggestion

Thanks

[marcnath]

Hi Marcnath,

Hope you are at the best of your health. I am in big trouble again in regards to dependent visa.

My wife has joined me since June 2018 (nearly 6 months) as T1 Ent Dependent and I am ready to go for ILR Set (O) hopefully before 6 April 2019 and our visa runs out in June 2019.

One solicitor is suggesting me to apply for your wife as Tier 1 Ent Dependent at same time with your application and other solicitor is suggesting to go with spouse route (he will ask HO to retain application till my ILR decision comes).

Now problem i am facing is that I have not been withdrawing any salary due to business loss concern but my wife is earning since 3 months. By 6 months (upto march 2019) her salary will hit by £6000 gross, So 2nd solicitor has suggested that if you withdraw salary in same 6 months period of £3500 or if your wife can earn through same amount in 2nd job. So your family income in 6 months will be equal to £9500 (which is half of £18600) that means you qualify for financial requirement. so your wife can qualify for spouse route and can apply together with you or later (before visa runs out in june 2019).

If i go with first solicitor suggestion, that means I have to maintain my maintenance £945 plus wife maintenance £630 altogether £1575 for 90 days and apply at the same time.

But I am not sure about the 2nd solicitor approach regarding spouse route. Second solicitor also said that you would need 6 evidences of you and your wife as cohabiting documents such as DVLA, Vote registeration letter, NI letter, Bank statement, NHS letter, teneancy agreement, utility bills etc to prove that you are living together. And i just have dvla, ni letter, bank statment, nhs letter for my wife.

I am really confused, which route should i take for my wife or shall i apply for her together or seperate (before visa runs out in june 2019)

waiting for your valuable suggestion

Thanks

Just don't use either of those solicitors and if you have paid them, you should seriously consider lodging a complaint against them.

You definitely don't want to go the spouse route - that resets the clock to 0 at the point you get your ILR.

You would apply for T1E PBS dependant visa. You can apply together and ask them to hold it until your ILR is decided or apply closer to June 2019 and if you haven't got the ILR yet, do the same thing - request that it be held until your ILR is decided.

And you only need £630 for maintenance. Your ILR application does not need maintenance fund. You have plenty of time before June 2019 to set aside that for 90 days.

[Mak9878]

Thanks Marcnath for your prompt reply in the matter. Really appreciate that.

I have not given any penny to both solicitor, just popped in for guidance on which route should I take for dependent.

I know the application submission for ILR Set (O) and Tier 1 Ent dependent have gone online now.

Will they be able to hold application for dependent till ILR decided?

If in case ILR granted to me,
Will I be able to switch application to spouse route (if still pending) and show the family combined income for 6 months i.e. £9500 (which is nearly half of £18600)?

The reason i want to switch because it would straight to apply in future, no mess up in future to send company documents, accounts, job creation for keep extending further two time for T1 Ent dependent for wife. May be I am wrong!!

Would it not be better to go for spouse route as she has been here for 6 months only and if clock resets it does not matter.

In both categories i have to apply two times if u look at it.

What do u suggest.

Thanks

[CR001]

The reason i want to switch because it would straight to apply in future, no mess up in future to send company documents, accounts, job creation for keep extending further two time for T1 Ent dependent for wife.

There is NO requirement to submit all of this for a PBS Dependent extension or keep your company if you choose not to, so not sure why you believe your dependent would have to meet all the requirements that a main Tier 1 Ent visa holder has to.

Your dependent is dependent on YOU not your company and Tier 1 Ent main visa holder rules and conditions.

[Mak9878]

The reason i want to switch because it would straight to apply in future, no mess up in future to send company documents, accounts, job creation for keep extending further two time for T1 Ent dependent for wife.

There is NO requirement to submit all of this for a PBS Dependent extension or keep your company if you choose not to, so not sure why you believe your dependent would have to meet all the requirements that a main Tier 1 Ent visa holder has to.

Your dependent is dependent on YOU not your company and Tier 1 Ent main visa holder rules and conditions.

Thanks CR001 for your input in the matter. Really appreciate it.

Yes indeed you are right, but something was clicking in my mind that i would need to send everything again. Thanks for clarification.

Perhaps I am wrong, this time they may give her T1 Ent dependent for 3 yrs but in future my status would be changed to ILR (if granted).

Would it not create confusion for her 2nd application on T1 Ent dependent basis for extending one more year on same route to complete 5 yrs OR it would be straight application

Please advice.. Thanks

[CR001]

The rules allow her to continue as PBS Dependent if you get ILR based on PBS route 5 years residence, see link below and then apply for ILR on form SET(O) when she meets the requirements.

immigration-for-family-members/dependan ... 14832.html

[Mak9878]

The rules allow her to continue as PBS Dependent if you get ILR based on PBS route 5 years residence, see link below and then apply for ILR on form SET(O) when she meets the requirements.

immigration-for-family-members/dependan ... 14832.html

Thank you very much CR001.. Really appreciated..

[Mak9878]

Hi Marcnath,

Hope you are at best of your health.

It would be really appreciated if you could answer the following questions on behalf of my friend:

My friend varied the Tier 1 Ent extension application int ILR Long Residency 10 year at PEO in Jan 2018. He was granted ILR in two weeks. Now since then he is chasing UKVi for refund of previous application but still no success.

Is there any other ways or useful contact of UKVI or email to chase it up further to this?

Thanks

[marcnath]

Hi Marcnath,

Hope you are at best of your health.

It would be really appreciated if you could answer the following questions on behalf of my friend:

My friend varied the Tier 1 Ent extension application int ILR Long Residency 10 year at PEO in Jan 2018. He was granted ILR in two weeks. Now since then he is chasing UKVi for refund of previous application but still no success.

Is there any other ways or useful contact of UKVI or email to chase it up further to this?

Thanks

Not really - unless he wants to try a legal route.

[Mak9878]

Hi Marcnath, zimba and other members.

Hope you all are at best of your health.

Today my accountant has sent me RTI/FPS email. And I am planning to apply before rules change on 6 April 2019.

Accountant has done a mistake in RTI/FPS in 2nd employee submission under starters section that basically 2nd employee started job on 2nd of April but he has put 6th of April.

If you count weeks from 6th April 2018 to 31 March 2019 then it calculates to 51 weeks and 3 days. So its coming 4 days short.

Can accountant revert this back? I have not spoken to accountant yet?
OR
Is it fine and understood that employee is still working?
OR
Can I show his period of employment from 06-04-2018 to 04-04-2019 if accountant is unable to revert back change? Will he be able to generate payslip and fps for 4 days?

Waiting for your answer anxiously..

Thanks.

[CULLINAN]

Hi Marcnath, zimba and other members.

Hope you all are at best of your health.

Today my accountant has sent me RTI/FPS email. And I am planning to apply before rules change on 6 April 2019.

Accountant has done a mistake in RTI/FPS in 2nd employee submission under starters section that basically 2nd employee started job on 2nd of April but he has put 6th of April.

If you count weeks from 6th April 2018 to 31 March 2019 then it calculates to 51 weeks and 3 days. So its coming 4 days short.

Can accountant revert this back? I have not spoken to accountant yet?
OR
Is it fine and understood that employee is still working?
OR
Can I show his period of employment from 06-04-2018 to 04-04-2019 if accountant is unable to revert back change? Will he be able to generate payslip and fps for 4 days?

Waiting for your answer anxiously..

Thanks.

Ask your accountant to update the RTI with correct start date and submit to HMRC again and provide you with proof of submission.

What employees are you relying on? I dont have your history so really cant comment if you can fulfill this gap with some other employee.

[Mak9878]

Thanks Marcnath for your prompt reply in the matter.

Really appreciate it.

I am pre-april applicant. I had two full time employees during extension for whole year from March 2016 to Feb 2017. One was Marketing officer (1st emp) and other one was Receptionist (2nd emp). Extension application was submitted 1st week of March 2017.

So my extension approved in 1st week of June 2017 and visa ending 1st week of June 2018.

Both employees became part time (20hrs per week) since June 2017 (1st emp wanted to become part time at his own choice so he became Marketing Officer-I ) and July 2017 (2nd emp, offered him part time Marketing officer-II), and both left job ending June 2018 (1st emp) and August 2018 (2nd emp) respectively.

So both employees have worked as part time 13 month each literally.

The business was in loss, and i had to close reception position and Marketing officer (1st emp) wanted to go part time at his choice since June 2017 so became Marketing Officer-I and offered Receptionist (2nd emp) to work as Part Time Marketing Officer-II to work together with Marketing Officer-I as trainee or assist him.

Next hired 3rd employee as full time Marketing Officer -III because they both wanted to leave job soon since 2nd April 2018 till present.

Counting Employment as follows:

Job 1 = Marketing Officer 1 - Part Time - From 01-07-2017 to 30-06-2018 (left job on this date to, taken recent 12 months to back date, but actually became part time since June 2017.).

Job 1 = Marketing Officer 2 - Part Time - From 01-08-2017 to 31-07-2018 (left job on date, taken recent 12 months to back date, became Part time since July 2017, Note: June 2017 he was receptionist)

Note: Combining these above two jobs.

Job 2 = Marketing Officer 3 - Full Time 30hrs per week - From 02-04-18 till present.
---------x---------
1st Application Approved = End week of March 2014
2nd Application Approved = 1st week of June 2017
Visa ends = 1st week of June 2019
Eligible for 5yrs on route = 1st Week of March 2019
Intend to apply = Before 6th April 2019.

My question is, Am I safe to apply before rules change (06 April 2016) in regards to employment criteria

Am I safe to apply after 6th April 2019 in regards to employent criteria?

Do i need to send employment contract especially for full time became part time and change of thier job title along with old job contract?

Spoke to accountant regarding wrong start date mentioned for 3rd Job in FPS/RTI, accountant said, it is normal and if he put 02/04/2018 starting date before 6th April 2018, then FPS/RTI for 3rd job will not appear in april FPS/RTI. It will appear in May 2018 due to tax year change. What shall I do?

Accountant further said that employment is counted monthly basis and your 3rd job is paid full amount for april month in payslip. So its obvious in payslip.

Waiting for your reply anxiously.

Thanks for your time, really appreciate it.

[CULLINAN]

I am not sure why are you counting only 12 months back dated for your employees. I read through your thread and perhaps you are confusing yourself with the exception rule change in Jan 2018. That exception rule does NOT apply to you. All you need is 104 weeks of FT employment after your extension was approvoved in June 2017 if you apply before 6th April 2019.

Why are you counting from 1st July 2017 instead?

[Mak9878]

I am not sure why are you counting only 12 months back dated for your employees. I read through your thread and perhaps you are confusing yourself with the exception rule change in Jan 2018. That exception rule does NOT apply to you. All you need is 104 weeks of FT employment after your extension was approvoved in June 2017 if you apply before 6th April 2019.

Why are you counting from 1st July 2017 instead?

Thanks for your reply. Indeed I am aware that if I apply before 6 April, I can mix and match hours.

But I am trying to make things easier for case worker to count employment straight from current date to backward whether I apply before or after 6 April 2019

Accountant has fixed the fps and successfuly submitted online.

My question is, if I apply after 6 April 2019, will my above employment be counted 2 jobs or 1 job?

Because job titile for the part timers and full time are Marketing Officer?

Waiting for your response?

[Mak9878]

Hi Zimba, Marcnath and other seniors and juniors.

Waiting for the answer on above job creation.
Thanks

[marcnath]

Thanks Marcnath for your prompt reply in the matter.

Really appreciate it.

I am pre-april applicant. I had two full time employees during extension for whole year from March 2016 to Feb 2017. One was Marketing officer (1st emp) and other one was Receptionist (2nd emp). Extension application was submitted 1st week of March 2017.

So my extension approved in 1st week of June 2017 and visa ending 1st week of June 2018.

Both employees became part time (20hrs per week) since June 2017 (1st emp wanted to become part time at his own choice so he became Marketing Officer-I ) and July 2017 (2nd emp, offered him part time Marketing officer-II), and both left job ending June 2018 (1st emp) and August 2018 (2nd emp) respectively.

So both employees have worked as part time 13 month each literally.

The business was in loss, and i had to close reception position and Marketing officer (1st emp) wanted to go part time at his choice since June 2017 so became Marketing Officer-I and offered Receptionist (2nd emp) to work as Part Time Marketing Officer-II to work together with Marketing Officer-I as trainee or assist him.

Next hired 3rd employee as full time Marketing Officer -III because they both wanted to leave job soon since 2nd April 2018 till present.

Counting Employment as follows:

Job 1 = Marketing Officer 1 - Part Time - From 01-07-2017 to 30-06-2018 (left job on this date to, taken recent 12 months to back date, but actually became part time since June 2017.).

Job 1 = Marketing Officer 2 - Part Time - From 01-08-2017 to 31-07-2018 (left job on date, taken recent 12 months to back date, became Part time since July 2017, Note: June 2017 he was receptionist)

Note: Combining these above two jobs.

Job 2 = Marketing Officer 3 - Full Time 30hrs per week - From 02-04-18 till present.
---------x---------
1st Application Approved = End week of March 2014
2nd Application Approved = 1st week of June 2017
Visa ends = 1st week of June 2019
Eligible for 5yrs on route = 1st Week of March 2019
Intend to apply = Before 6th April 2019.

My question is, Am I safe to apply before rules change (06 April 2016) in regards to employment criteria

Am I safe to apply after 6th April 2019 in regards to employent criteria?

Do i need to send employment contract especially for full time became part time and change of thier job title along with old job contract?

Spoke to accountant regarding wrong start date mentioned for 3rd Job in FPS/RTI, accountant said, it is normal and if he put 02/04/2018 starting date before 6th April 2018, then FPS/RTI for 3rd job will not appear in april FPS/RTI. It will appear in May 2018 due to tax year change. What shall I do?

Accountant further said that employment is counted monthly basis and your 3rd job is paid full amount for april month in payslip. So its obvious in payslip.

Waiting for your reply anxiously.

Thanks for your time, really appreciate it.

You seem to be quite safe on the job creation.
But if you submit your application as you have outlined, what you are saying is that Job 1 existed for 13 months (1/7/17 to 31/7/18), was filled by two employees but only 11 months of it was full time. So you run the risk of being short. (Note: This is not combining two part time jobs as defined in the immigration rules, it is filing one FT job with two employees)

However, if you split them as two separate jobs - Mktg 1 and Mktg 2, then you can combine them as they each was there for 12 months.

There is no problem with adding an extra month or more of each employee. It gives you some leeway just in case some document got displaced in your submission.

Start date FPS is no longer a requirement - so that issue is immaterial. Payslips and RTI submission are the only evidence needed.

[Mak9878]

Thanks Marcnath for your reply. Really appreciate it.

I really did not get your reply in first paragraph regarding 11 months. Do you mean to say about job creation, when I apply after 5th April 2019?

God willing, i will apply before 6th April 2019, but in case anything can happen.

I mention following job creation again.

Counting Employment as follows:

Job 1 = Marketing Officer 1 - Part Time - From 01-07-2017 to 30-06-2018 (left job on this date to, taken recent 12 months to back date, but actually became part time since June 2017.).

Job 1 = Marketing Officer 2 - Part Time - From 01-07-2017 to 31-06-2018 (left job on date 31-07-18) , taken recent 12 months to back date, became Part time since July 2017, Note: June 2017 he was receptionist)

Note: Combining these above two jobs.

Job 2 = Marketing Officer 3 - Full Time 30hrs per week - From 02-04-18 till present.

My question is, Am I safe to apply before rules change (06 April 2016) in regards to employment mentioned above?

Am I safe to apply after 6th April 2019 in regards to employent mentioned above?

Do i need to send employment contract especially for full time became part time and change of thier job title along with old job contract whether applying before and after 6th April 2019?

Shall i start filling online form from now if I am applying 4th April 2019?

How many days early can you start filling form online?

Is fees changing on 29th March 2019? I am thinking to apply super priority servicd £610. Does it benefit?

Thanks

[CR001]

You can apply no sooner than within 38 days before the 5th anniversary of your initial vis start date. Date of application is the date you submit and pay online.

There is no super priority service for tier 1 ent to ILR.

[marcnath]

I really did not get your reply in first paragraph regarding 11 months. Do you mean to say about job creation, when I apply after 5th April 2019?

The immigration rules require that a FT job is more than 30 hrs/week.

The way you originally stated how you plan to submit it, Job 1 is one FT and the 30 hrs/week is only met when both employees are working at the same time . (01/08/17 to 30/06/18).

However, the way you stated it in the latest post, you are ok for 12 months from 1/7/17 to 30/6/18.

[aman90]

JOB 1: Marketing Officer PT -
01-07-2017 to 30-06-2018 =12months
Emp A
Payslips= July 2017-June 2018

JOB 2: Marketing Officer PT -
01-07-2017 to 30-06-2018 =12months
Emp B
Payslips= July 2017-June 2018

JOB 3: Marketing- FT
02-04-18- present =12 months
Emp C
Payslip= April 2018- April 2019

RTI FPS= July 2017-April 2019

My question is, Am I safe to apply before rules change (06 April 2016) in regards to employment mentioned above?
Yes

Am I safe to apply after 6th April 2019 in regards to employent mentioned above?
Yes

Do i need to send employment contract especially for full time became part time and change of thier job title along with old job contract whether applying before and after 6th April 2019?
No

Shall i start filling online form from now if I am applying 4th April 2019?
Yes

How many days early can you start filling form online?
Whenever without submitting..

Is fees changing on 29th March 2019? I am thinking to apply super priority servicd £610. Does it benefit?
Google fee change. Super priority not available for tier1 ENT.

Thanks