Help needed for Ent to ILR (Set O)

[aman90]

Could anyone guide me on above please.

Thanks

Can you post the link for the above please? Thanks

[aman90]

Its hard to believe that they would just simply scrap transitional arrangement earlier than stated and so close to the date as there are probably hundreds applying keeping it in view and aiming to do it just before 6th April 2019.
It would be very unfair on the applicants.

Part C-
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and

(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

A cover letter explaining the above should suffice as a "specified document"
To strengthen it, perhaps couple of invoices or contract. If one has a website a link to it.

They'll probably be in touch to find out more if they feel so..

[Mak9878]

Its hard to believe that they would just simply scrap transitional arrangement earlier than stated and so close to the date as there are probably hundreds applying keeping it in view and aiming to do it just before 6th April 2019.
It would be very unfair on the applicants.

Part C-
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and

(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

A cover letter explaining the above should suffice as a "specified document"
To strengthen it, perhaps couple of invoices or contract. If one has a website a link to it.

They'll probably be in touch to find out more if they feel so..

Thanks Aman for your reply.. really appreciate it.

Seen couple of solicitor regarding this change ( page 27, part c).

Solicitor said just ask your accountant to make letter higligting your job title, what you do and what you provide to clients and how you are keeping with business under one page. That will be enough for both points. I asked why acccountant need to give verification about my company and what i do as he is not linked to this. The HO can say why accountant is taking so personal his company or favoring him by writing this. Then he said, its same as job verification letter given by accountant to verify jobs for company. Same he is to verify about you


He said, there is no need of invoices and contracts.

Other solicitor said to put invoices this accounting period and couple contracts. And write self explantory letter about what you do and how you do.

Mixed information.

Lets see what other say about this.

[aman90]

I don’t think any document could be incorrect at this point as nothing has been categorically specified..
It’s just:
A snapshot of the business activities and the applicants role.
A companies website usually contains its profile and the applicants profile is evident from the CV.

Accountants are respected professionals and are expected to state facts. And also some applicants may have difficulty in articulating eloquently. So a good idea actually,

If one is writing it up oneself than:
Invoices and contracts would support the company’s profile.

[Mak9878]

I don’t think any document could be incorrect at this point as nothing has been categorically specified..
It’s just:
A snapshot of the business activities and the applicants role.
A companies website usually contains its profile and the applicants profile is evident from the CV.

Accountants are respected professionals and are expected to state facts. And also some applicants may have difficulty in articulating eloquently. So a good idea actually,

If one is writing it up oneself than:
Invoices and contracts would support the company’s profile.

Thanks Aman for your quick reply, you are right that accountant letter about my job, my role, my responsibilities and company will weigth more than self explanation but some accountant will not write it due to some reason.

I m surprised Marcnath and Zimba are very quiet on this. Kidding

Lets see what they both say about this.

[shb101]

Hi Marcnath, Zimba, all seniors and juniors,

Hope you all are at best of your health.

I am ready with all documents and online application form. Started application form from 22nd March.

I have really no idea about new changes that whether they apply to me i.e pre-april 2014 or not.

If you see statement of changes 7th March 2019, its states:

“Changes are being made to provide greater assurance that Tier 1 (Entrepreneur) migrants are genuinely engaged in business. Applicants will be asked to provide an overview of their business’s activity, details of their role within the business, and the job titles/descriptions for the settled worker employees for whom they are claiming points. The government has judged it proportionate to apply these changes to future extension and settlement applications by entrepreneurs already in the category.”

And if you see new guidance under Business Activity part-c on page 27 version 03/2019, states that

"C:) Regardless of whether you are self-employed, a director or member, you must also
rovide:

(i) an overview of your business's activity, including an explanation of the goods or
services it provides to its customers or clients; and

(ii) your job title and job description, setting out your role within the company, how you
are implementing your business plan and what your main tasks and responsibilities
are in running the business on a day-to-day basis."

In the statement of changes and new guidance, there is nothing mentioned that it will apply from 6th April 2019, that in my opinion it apply since 29 March 2019 to pre april and post april.

They have cancelled pre-april transitional arrangement as well from 29th March 2019 as in new guidance nothing mention for transitional arrangement.

After looking at both statement of changes and new guidance, both are different. In statement of changes (7 march), they are asking about job titles and description about settled workers but other side in new guidance (29 March) it just ask about Director role, responsibilities, director title and job description.

My application is ready, just confused about that has transitional arrangement been ended on 29 March?

If transitional arrangement has not been ended, does this new change in Business Activity under part-c (29 march guidance) applies to me as well or not?

If new changes in Business Activity part-c applies to me, what formal documents should be provided for director (as it just ask about director job, director description etc)? I believe here they are not asking about an self explanation of director job role, responsibilies, business overview etc.

Waiting for your reply anxiously.

Thanks for your time.

Hi, in regards to section c and 2 points I believe you are referring extension section not settlement, could you please have a look again and confirm tier11417 & Aman can you also confirm ?

[Mak9878]

Dear shb101,

It applies to both extension and settlement. Even if you see Table-D for extensions on page 23 (new guidance) and Table-F for settlements on page 32-33 are same.

Lets see what others say about this

[shb101]

Dear shb101,

It applies to both extension and settlement. Even if you see Table-D for extensions on page 23 (new guidance) and Table-F for settlements on page 32-33 are same.

Lets see what others say about this

I think you are talking about below it says or and it applies on those who are applying settlement in 3 years obv they have to show employment and genuine business all that which 5 years route already shown during the time of extension. Does it make sense ? what you think if you are applying via 3 years route then you need to show if 5 years then it doesn't apply on you. That is table F. Correct me if I am wrong. Moreover I don't think we need to look at extension's requirement. Let see what other says because I never heard about it before

(a) You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant,
or
(b) You have spent a continuous period of 3 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs, which meet the requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or
(iii) taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year periods immediately before the date the applicant became involved with the business as a Tier 1 (Entrepreneur) migrant.

[Mak9878]

Dear shb101,

It applies to both extension and settlement. Even if you see Table-D for extensions on page 23 (new guidance) and Table-F for settlements on page 32-33 are same.

Lets see what others say about this

I think you are talking about below it says or and it applies on those who are applying settlement in 3 years obv they have to show employment and genuine business all that which 5 years route already shown during the time of extension. Does it make sense ? what you think if you are applying via 3 years route then you need to show if 5 years then it doesn't apply on you. That is table F. Correct me if I am wrong. Moreover I don't think we need to look at extension's requirement. Let see what other says because I never heard about it before

(a) You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant,
or
(b) You have spent a continuous period of 3 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs, which meet the requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or
(iii) taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year periods immediately before the date the applicant became involved with the business as a Tier 1 (Entrepreneur) migrant.

Dear Shb101,

I m making application on the basis of 5 years spent on this Tier 1 Entrepreneur.

What I am saying, you are not getting properly.

Business Activity Section-C on page 27 of new guidance issued on 29 March 2019 have 2 points. Which applies to both extensions and settlements.

I said you the both table does not say anything about this thing. But offcourse we have to meet table documents, online checklist and guidance as well.

Lets see what other say about this. Waiting for our admin for correction, suggestion and guidance on it.

[shb101]

Dear shb101,

It applies to both extension and settlement. Even if you see Table-D for extensions on page 23 (new guidance) and Table-F for settlements on page 32-33 are same.

Lets see what others say about this

I think you are talking about below it says or and it applies on those who are applying settlement in 3 years obv they have to show employment and genuine business all that which 5 years route already shown during the time of extension. Does it make sense ? what you think if you are applying via 3 years route then you need to show if 5 years then it doesn't apply on you. That is table F. Correct me if I am wrong. Moreover I don't think we need to look at extension's requirement. Let see what other says because I never heard about it before

(a) You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant,
or
(b) You have spent a continuous period of 3 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs, which meet the requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or
(iii) taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year periods immediately before the date the applicant became involved with the business as a Tier 1 (Entrepreneur) migrant.

Dear Shb101,

I m making application on the basis of 5 years spent on this Tier 1 Entrepreneur.

What I am saying, you are not getting properly.

Business Activity Section-C on page 27 of new guidance issued on 29 March 2019 have 2 points. Which applies to both extensions and settlements.

I said you the both table does not say anything about this thing. But offcourse we have to meet table documents, online checklist and guidance as well.

Lets see what other say about this. Waiting for our admin for correction, suggestion and guidance on it.

[shb101]

Dear shb101,

It applies to both extension and settlement. Even if you see Table-D for extensions on page 23 (new guidance) and Table-F for settlements on page 32-33 are same.

Lets see what others say about this

I think you are talking about below it says or and it applies on those who are applying settlement in 3 years obv they have to show employment and genuine business all that which 5 years route already shown during the time of extension. Does it make sense ? what you think if you are applying via 3 years route then you need to show if 5 years then it doesn't apply on you. That is table F. Correct me if I am wrong. Moreover I don't think we need to look at extension's requirement. Let see what other says because I never heard about it before

(a) You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant,
or
(b) You have spent a continuous period of 3 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant, and have:
(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs, which meet the requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or
(iii) taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year periods immediately before the date the applicant became involved with the business as a Tier 1 (Entrepreneur) migrant.

Dear Shb101,

I m making application on the basis of 5 years spent on this Tier 1 Entrepreneur.

What I am saying, you are not getting properly.

Business Activity Section-C on page 27 of new guidance issued on 29 March 2019 have 2 points. Which applies to both extensions and settlements.

I said you the both table does not say anything about this thing. But offcourse we have to meet table documents, online checklist and guidance as well.

Lets see what other say about this. Waiting for our admin for correction, suggestion and guidance on it.

Hi Mak,

I understand what you saying but my point is why would you look at extension section when you are applying for settlement, you just need to fulfil settlement requirements which is employement etc. I am sure all other members will agree on this. Let see

[Mak9878]

Dear Shb101,

I got your point but lets see what our board heroes say about it Zimba and Marcnath and CR001

[Mak9878]

Where are you Zimba and Marcnath, need your expert advice, suggestion and guidance.

I have 3 days left to submit application.

[rajbhanu300]

Hi Shb101 and Mak9878, looking at your discussions, i am also confused as to which extra docs. do we have to submit in order to prove the said changes in the guidance.Please let me know as well if you are submitting anything else apart from the previous specified docs as i am also applying soon.(Before transitional arrangements ends)

[shb101]

Hi Shb101 and Mak9878, looking at your discussions, i am also confused as to which extra docs. do we have to submit in order to prove the said changes in the guidance.Please let me know as well if you are submitting anything else apart from the previous specified docs as i am also applying soon.(Before transitional arrangements ends)

Hi Both,

If I am not wrong then transitional arrangement is only apply on jobs creation ? Correct me if I am wrong.

[aman90]

https://www.gov.uk/guidance/immigration ... attributes

ILR applicants applying on or after 29/03/19 are required to submit:

Table 6

1.(c) regardless of whether the applicant is self-employed, a director or member, they must also provide:
(i) an overview of the business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) the applicant’s job title and job description, setting out their role within the company, how they are implementing their business plan and what their main tasks and responsibilities are in running the business on a day-to-day basis.

2.(c) confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon, including any changes to the same and the dates of those changes;

[Mak9878]

Hi Shb101 and Mak9878, looking at your discussions, i am also confused as to which extra docs. do we have to submit in order to prove the said changes in the guidance.Please let me know as well if you are submitting anything else apart from the previous specified docs as i am also applying soon.(Before transitional arrangements ends)

Hi Both,

If I am not wrong then transitional arrangement is only apply on jobs creation ? Correct me if I am wrong.

Yes transitional arrangement applies to job creation. Only for people who applied thier initial application before April 2014 (also known as pre-april 2014 transitional arrangement). In which you can combine different job titles job together to claim one full time job irrespective of period they worked for you (employees should have worked for your after your grant of extension or initial application).

But unfortunately, transitional arrangement rule is finishing on 6th April 2019. So afterwards, you can not comine different job title workers together to claim one full time....to claim job titles have to be same irrespective of period they havw worked for you.

[Mak9878]

https://www.gov.uk/guidance/immigration ... attributes

ILR applicants applying on or after 29/03/19 are required to submit:

Table 6

1.(c) regardless of whether the applicant is self-employed, a director or member, they must also provide:
(i) an overview of the business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) the applicant’s job title and job description, setting out their role within the company, how they are implementing their business plan and what their main tasks and responsibilities are in running the business on a day-to-day basis.

2.(c) confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon, including any changes to the same and the dates of those changes;

Thanks Aman..really appreciate that.

I am going to include one year invoices (according to accounting period ended on 25th March), one year bank statement for same period, and contracts for covering Section-C point (i)

For point (ii) a self explanation of mine with role, description and responsibilieis

And will also include employees contract showing thier job description.

Thanks

[marcnath]

Nothing really to add.

There are no specifications for these, so an applicant's own description is sufficient.

[miumiuuk]

After a quick view of the new guidance V– version 0 3 /2019, those changes affected extension only, I think.
As those contents are all under Extension applications section (Page 22- Page 29 ) according to the index page.

The transitional arrangement should be still valid until 6 April 2019.
Point out the statement for the caseworker if you are still worried. Simply attach a screenshot for them for example.

[aman90]

Hi, in regards to section c and 2 points I believe you are referring extension section not settlement, could you please have a look again and confirm tier11417 & Aman can you also confirm ?

No. It’s applicable to both extension n settlement applicants submitting after or on 29/03/19
The flow confirms it on the link I’ve posted above.
Mak is correct.

Anyways it’s fairly fresh so best not to go overboard with documents
The guidance will probably be updated again in a few days or weeks ( as I’ve folllowed)
Keep it simple and brief. Don’t set far reaching examples for others to follow..

[shb101]

Hi, in regards to section c and 2 points I believe you are referring extension section not settlement, could you please have a look again and confirm tier11417 & Aman can you also confirm ?

No. It’s applicable to both extension n settlement applicants submitting after or on 29/03/19
The flow confirms it on the link I’ve posted above.
Mak is correct.

Anyways it’s fairly fresh so best not to go overboard with documents
The guidance will probably be updated again in a few days or weeks ( as I’ve folllowed)
Keep it simple and brief. Don’t set far reaching examples for others to follow..

It doesn't say that it's applicable for both however it is mentioned in extension section, my concern is why would you look at extenstion section for documents. Moreover I would say keep your case as simple as possible.

[aman90]

I would have agreed with you if I hadn’t read from table 6 onwards..

https://www.gov.uk/guidance/immigration ... attributes

The flow of info confirms it as does the statement of changes..

I guess some of you can feel free not to accept it and that’s ok..you’ve justified it from ur understanding. And if I hadn’t read ALL the related docs but only the guidance I may have agreed with it.. I’ve never liked the flow of information on the guidance..

my only fear is that by not explaining ur business, ur role, and ur jobs descriptions may delay applications and require you an interview attendance or worse an over worked caseworker may just refuse it for the lack of it and get the applicants running around at the time of admin review.

[shb101]

I would have agreed with you if I hadn’t read from table 6 onwards..

https://www.gov.uk/guidance/immigration ... attributes

The flow of info confirms it as does the statement of changes..

I guess some of you can feel free not to accept it and that’s ok..you’ve justified it from ur understanding. And if I hadn’t read ALL the related docs but only the guidance I may have agreed with it.. I’ve never liked the flow of information on the guidance..

my only fear is that by not explaining ur business, ur role, and ur jobs descriptions may delay applications and require you an interview attendance or worse an over worked caseworker may just refuse it for the lack of it and get the applicants running around at the time of admin review.

I think you are talking about below which was copied from the link you sent if you see point 48 onwards it clearly says it's for new business or while making an application. It doesn't say for ILR. Correct me if I am wrong.

"Business activity: specified documents

47. The applicant must provide the following specified documents, showing that they obtained the necessary business registration within the 6 month period referred to in Table 5 or 6:
(a) if the applicant was self-employed, evidence of their registration with HM Revenue & Customs;
(b) if the applicant was a director of a UK company or member of a UK partnership, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of their appointment as a director or member.
48. The applicant must provide the following specified documents to show that they have established a new UK business or joined or taken over an existing business, and that they are engaged in business in the UK when they make their application:
(a) if the applicant is self-employed, they must provide:
(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application,
(ii) HM Revenue & Customs evidence that the applicant is making tax returns within the self-assessment tax system, and
(iii) a personal bank statement showing transactions for their business, or a business bank statement, or a letter from a UK- regulated financial institution, on the institution’s headed paper, confirming that the applicant has a business and acts through that bank for the purposes of that business;
(b) if the applicant is a director of a UK company or member of a UK partnership, they must provide:
(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),
(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.
(c) regardless of whether the applicant is self-employed, a director or member, they must also provide:
(i) an overview of the business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) the applicant’s job title and job description, setting out their role within the company, how they are implementing their business plan and what their main tasks and responsibilities are in running the business on a day-to-day basis."

[Mak9878]

I would have agreed with you if I hadn’t read from table 6 onwards..

https://www.gov.uk/guidance/immigration ... attributes

The flow of info confirms it as does the statement of changes..

I guess some of you can feel free not to accept it and that’s ok..you’ve justified it from ur understanding. And if I hadn’t read ALL the related docs but only the guidance I may have agreed with it.. I’ve never liked the flow of information on the guidance..

my only fear is that by not explaining ur business, ur role, and ur jobs descriptions may delay applications and require you an interview attendance or worse an over worked caseworker may just refuse it for the lack of it and get the applicants running around at the time of admin review.

I think you are talking about below which was copied from the link you sent if you see point 48 onwards it clearly says it's for new business or while making an application. It doesn't say for ILR. Correct me if I am wrong.

"Business activity: specified documents

47. The applicant must provide the following specified documents, showing that they obtained the necessary business registration within the 6 month period referred to in Table 5 or 6:
(a) if the applicant was self-employed, evidence of their registration with HM Revenue & Customs;
(b) if the applicant was a director of a UK company or member of a UK partnership, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of their appointment as a director or member.
48. The applicant must provide the following specified documents to show that they have established a new UK business or joined or taken over an existing business, and that they are engaged in business in the UK when they make their application:
(a) if the applicant is self-employed, they must provide:
(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application,
(ii) HM Revenue & Customs evidence that the applicant is making tax returns within the self-assessment tax system, and
(iii) a personal bank statement showing transactions for their business, or a business bank statement, or a letter from a UK- regulated financial institution, on the institution’s headed paper, confirming that the applicant has a business and acts through that bank for the purposes of that business;
(b) if the applicant is a director of a UK company or member of a UK partnership, they must provide:
(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),
(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.
(c) regardless of whether the applicant is self-employed, a director or member, they must also provide:
(i) an overview of the business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) the applicant’s job title and job description, setting out their role within the company, how they are implementing their business plan and what their main tasks and responsibilities are in running the business on a day-to-day basis."

Yes indeed, we are talking about above.

Great work shb101.. you have really taken out a clicking point. It really talk about "new business" which in my view refer to initial and extension application...



Lets see what Aman and Marcnath say about this. Please read point 48 carefully.