10 year route documentation

Nites007 · Post by **Nites007** » Thu Jun 13, 2024 9:00 pm

Please help me with my query. I came to the UK on a Student visa on 5th September 2014 and then I was granted graduate entrepreneur visa.I am currently on Tier 1 Entrepreneur Visa, expiring on 10th August 2024. I have been staying legally in the country continuously and have not stayed outside the UK over the limit specified.
1. Am I eligible to apply for ILR via 10 year route? Can I apply between 5th Aug to 10 Aug 2024 as we can apply one month before completing 10 years?
2. Could you please tell me what all documents I will be needing aside from Life in the UK test?
3. Do I need to show any documents related to my business?

I am really stressed as the dates are very close.

Thanks

Post by **zimba** » Fri Jun 14, 2024 1:17 am

1. You can apply within 28 days of completing your 10 years
2. Minimal documents: Passports, BRP, LIUK and proof of English language
3. No as you will not be applying for ILR under Tier 1E route

Nites007 · Post by **Nites007** » Sun Jul 14, 2024 11:35 am

Thank you so much.

As I am looking at the questions, there are more queries:

Are you currently employed or self-employed?" - And I am an entrepreneur/self-employed (have my own company-sole director).

If I select self-employed, next field is of "Annual earnings" - My business is not generating profits and I am not withdrawing any salary. How do I fill this section, I am meeting business expenses and personal expenses using partly sales and partly my own savings/help from family. Do I have to provide any proof/documents now or at any later stage?

If I show no income/zero, how this will impact my application?

Another question is "Do you have any other reasons for wanting to stay in the UK?" - I have other reasons for wanting to stay in the UK, with that if I add reason for having invested in my business and that I have an ongoing lease for my busines/cafe, running until 2026 makes a good reason? what else could be added beyond keen to settle in the UK basis 10year life, having friends and social life?

Grateful for your guidance and time.

Post by **AmazonianX** » Sun Jul 14, 2024 12:28 pm

Nites007 wrote: ↑
Sun Jul 14, 2024 11:35 am
Thank you so much.

As I am looking at the questions, there are more queries:
Are you currently employed or self-employed?" - And I am an entrepreneur/self-employed (have my own company-sole director).
If I select self-employed, next field is of "Annual earnings" - My business is not generating profits and I am not withdrawing any salary. How do I fill this section, I am meeting business expenses and personal expenses using partly sales and partly my own savings/help from family. Do I have to provide any proof/documents now or at any later stage?
If I show no income/zero, how this will impact my application? The above is of no import on the application
Another question is "Do you have any other reasons for wanting to stay in the UK?" - I have other reasons for wanting to stay in the UK, with that if I add reason for having invested in my business and that I have an ongoing lease for my busines/cafe, running until 2026 makes a good reason? what else could be added beyond keen to settle in the UK basis 10year life, having friends and social life? Decision on.your application will not be influenced by a Yes or No to this question.

Grateful for your guidance and time.

Post by **zimba** » Sun Jul 14, 2024 3:35 pm

Nites007 wrote: ↑
Sun Jul 14, 2024 11:35 am
Thank you so much.

As I am looking at the questions, there are more queries:
Are you currently employed or self-employed?" - And I am an entrepreneur/self-employed (have my own company-sole director).
If I select self-employed, next field is of "Annual earnings" - My business is not generating profits and I am not withdrawing any salary. How do I fill this section, I am meeting business expenses and personal expenses using partly sales and partly my own savings/help from family. Do I have to provide any proof/documents now or at any later stage?
If I show no income/zero, how this will impact my application?
Another question is "Do you have any other reasons for wanting to stay in the UK?" - I have other reasons for wanting to stay in the UK, with that if I add reason for having invested in my business and that I have an ongoing lease for my busines/cafe, running until 2026 makes a good reason? what else could be added beyond keen to settle in the UK basis 10year life, having friends and social life?

Grateful for your guidance and time.

Company directors are NOT necessarily self-employed. This is a common misconception. That question does not affect your ILR as long residence has no income requirement. Also you do NOT need to provide additional reasons to stay in the UK. If you answer YES, the form will ask for evidence and you will be confused again. The form should not be treated as a full disclosure

Nites007 · Post by **Nites007** » Sun Jul 14, 2024 6:57 pm

Dear Zimba and Amazonianx

In the form there is a Mandatory section "Employment"
these are the options

I am employed (includes full and part-time work)

I am self-employed

I am unemployed

when I click self employed it ask me my annual salary. Can I put zero salary?
As I am the Director of the company where I am not withdrawing any salary and I don't have any other source of income. My company is not making profit, it only made profit only one year whereas last year it was in loss.
I have another question on continuous stay under 10 year Route:
I came to the UK on a Student visa - 1 year, then I got graduate entrepreneurship visa. After that I applied for Entrepreneur visa which was initially refused to me as a document was missing from my side but within 14days I filed Admin review which was also unsuccessful as it was not their fault. Then again within 14 days, I reapplied with the fresh application and submitting all the documents then the application was successful. During this time when I applied fresh application, my visa decision which took almost 7-8 months (I was in the UK the whole time).
Will any of this break my continuous status?

Post by **zimba** » Mon Jul 15, 2024 2:20 am

Yes, you can answer that your salary is zero. You did not have lawful residence for the 7-8 months that you were waiting, from the date of AR refusal to the date of the new visa being granted. That period will not count towards the 10 years but it did not break the continuous residence as per paragraph 39E of the rules.

You need 7 or 8 extra months of lawful residence to make up for that period before you qualify.

See: More changes to the rules regarding paragraph 39E, effective from 4 April 2024

Nites007 · Post by **Nites007** » Mon Jul 15, 2024 7:18 am

Dear Zimba,
Thanks for your response, I would like to add I did not go for any judicial review, rather applied for fresh in time application after failed admin review. my fresh application took 7-8 months, then the application was successful, my last application was granted as Tier1 Entrepreneur extension on 10th aug 2022 valid till 10 aug 2024, just incase any of the new guidance will apply or not apply in my case.

If I am not eligible for 10 year route what could be my other option?
Student visa to cover the remaining 7-8 months? or any other options?

Regards

Post by **zimba** » Mon Jul 15, 2024 4:16 pm

Nites007 wrote: ↑
Mon Jul 15, 2024 7:18 am
Dear Zimba,
Thanks for your response, I would like to add I did not go for any judicial review, rather applied for fresh in time application after failed admin review. my fresh application took 7-8 months, then the application was successful, my last application was granted as Tier1 Entrepreneur extension on 10th aug 2022 valid till 10 aug 2024, just incase any of the new guidance will apply or not apply in my case.

If I am not eligible for 10 year route what could be my other option?
Student visa to cover the remaining 7-8 months? or any other options?

Regards

Please read the advice given. This has nothing to do with judicial review and you also did NOT apply in-time. Applying in-time means applying while having a valid visa. You were an overstayer when AR was refused and only regularised your stay after being granted the new visa. Time spent without valid leave is not lawful residence and will not count under the long residence as per the recent changes under the rules. This period simply is disregarded but it does not break your continuous stay.

If your visa is expiring, it is your responsibility to either find a suitable route to continue your stay here or alternatively leave the UK.

Nites007 · Post by **Nites007** » Fri Nov 01, 2024 2:25 pm

Dear moderators I have returned to India before my Visa expiry date and I applied for a second Master degree Via Student Visa but I received a letter from home office that processing of my application is not straightforward so will take time and at the end I had to withdraw my application as university enrolment date has passed.I applied on 12th Sep via general route. Now I am again planing to apply for January intake and I need some help regarding following

1. Counting from year 2014 onwards, my 548 days outside the UK have passed (as per 10yr ILR route), but I will be still within the 6-month limit (counting my days outside of the UK for this year). If I get a student visa for Jan 25 intake, and then apply for my ILR after completing my degree and subsequently apply for a Post-Study Work Visa. Will I be able to make and application at the end of PSW to fulfill the 10-year residency requirement? Just to confirm if this will be counted as continuous residence and will this be acceptable?

2. I received an email from the Home Office stating that 'the processing of my application has not been straightforward.' What are my chances of receiving a visa in a timely manner if i apply under priority visa? Additionally, does the type of university (ranking) or the choice of course I will be enrolled in, affect their decision?

3. Would you recommend applying for priority processing, or do you think it would not make a difference given my current situation?

4. In my previous application, the Home Office requested additional information and documents, to support what I was doing over the past four years. What will be the best way to address this in my current application? I was sole director of a company and was running a cafe for the past 3 years, but I was not drawing any salary.

5. I still have my UK bank account, is it better to provide financial evidence of money in the UK bank account or Indian bank account? I have sufficient money individually in each account for Visa requirnement.

6. I am currently in India, not engaged in any type of business activity. If I start something- self employed or employment will that impact my application positively or it won't matter?

Regards
Nitesh

Post by **zimba** » Fri Nov 01, 2024 2:38 pm

You should return within 6 months or else your lawful residence will be broken. The 548-day absence limit only applies to any lawful residence period before April 2024. Student visas and PSW visas count towards lawful residence under long residence. Also, your employment status outside the UK is irrelevant. Questions regarding your student visa application must be asked in the relevant forum.

Nites007 · Post by **Nites007** » Fri Nov 01, 2024 3:50 pm

zimba wrote: ↑
Fri Nov 01, 2024 2:38 pm
You should return within 6 months or else your lawful residence will be broken. The 548-day absence limit only applies to any lawful residence period before April 2024. Student visas and PSW visas count towards lawful residence under long residence. Also, your employment status outside the UK is irrelevant. Questions regarding your student visa application must be asked in the relevant forum.

Thank you so much Zimba for your help.
Would you be able to explain this lawful residence period before april 2024 means I moved to UK in September 2014 as a student visa and returned to India in August 2024.
I will post on student query on the student forum.

Post by **zimba** » Sat Nov 02, 2024 12:54 am

Lawful and continuous residence changes to Long Residence route from 11 April 2024

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