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T1 HS Entrepreneur to SET(LR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

ThisisA
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T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 8:00 pm

Hi Guys,

I am a bit confused with the documentation I need to submit for my SET (LR) application. I am on T1 HS Entrepreneur visa at present and also completing my 10 years lawful residence.

According to the SET (LR) guidelines I only need the following -
  1. All of the passports
  2. BRP
  3. LIUK pass letter
  4. Degree certificate
I have recently got in touch with an OISC approved solicitor and he advised me to submit additional documents such as -
  1. Current appointments report
  2. Business bank account statement
  3. Certificate of Incorporation
  4. Invoices raised
  5. Letter from accountant confirming me being the director of the company and investment of 50k fund
  6. Personal bank account statement
I am just wondering if someone else is in similar situation and if yes, then would you kindly list down the documents submitted for a positive outcome?

Thank you very much.

PS. I would also like any advise from the Gurus if possible please. Thanks.

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CR001
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Re: T1 HS Entrepreneur to SET(LR)

Post by CR001 » Sat Jan 14, 2017 9:24 pm

According to the SET (LR) guidelines I only need the following -
  1. All of the passports
  2. BRP
  3. LIUK pass letter
  4. Degree certificate
This is all that is required for long residence ILR.
I have recently got in touch with an OISC approved solicitor and he advised me to submit additional documents such as -
  1. Current appointments report
  2. Business bank account statement
  3. Certificate of Incorporation
  4. Invoices raised
  5. Letter from accountant confirming me being the director of the company and investment of 50k fund
  6. Personal bank account statement
If applying in person, you can take these with you in case they ask for them.
Char (CR001 not Casa)
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ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 9:29 pm

CR001 wrote:
According to the SET (LR) guidelines I only need the following -
  1. All of the passports
  2. BRP
  3. LIUK pass letter
  4. Degree certificate
This is all that is required for long residence ILR.
I have recently got in touch with an OISC approved solicitor and he advised me to submit additional documents such as -
  1. Current appointments report
  2. Business bank account statement
  3. Certificate of Incorporation
  4. Invoices raised
  5. Letter from accountant confirming me being the director of the company and investment of 50k fund
  6. Personal bank account statement
If applying in person, you can take these with you in case they ask for them.
Thank you. I am going to apply by post. I need to exercise the rule of being able to apply 28 days earlier than the 10 years completion date. I am guessing I can't apply in person in that case right?

Would you be able to point to any other documentation at all, from your experience?

ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 9:42 pm

Am I missing something here? One of the moderators posted saying I can apply in person. What happened to that response?

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CR001
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Re: T1 HS Entrepreneur to SET(LR)

Post by CR001 » Sat Jan 14, 2017 9:45 pm

ThisisA wrote:Am I missing something here? One of the moderators posted saying I can apply in person. What happened to that response?
The rule of being able to apply 28 days before reaching 10 years residence (counted from date of first entry to the UK) applies to both postal and premium in person appointments. So yes, you can apply in person within 28 of reaching 10 years.
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Casa
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Re: T1 HS Entrepreneur to SET(LR)

Post by Casa » Sat Jan 14, 2017 9:46 pm

ThisisA wrote:Am I missing something here? One of the moderators posted saying I can apply in person. What happened to that response?
I removed it while I checked that a LR application as a TI Entrepreneur can be submitted in person. It appears that under LR you can.

The 28 day rule applies to PSC applications as well as postal.

Edit: Beaten by CR001
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 9:48 pm

Brilliant, thank you both of you. I am looking at the procedure now. Didnt even consider it. I wonder if I am going to get any appointment at all.

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Re: T1 HS Entrepreneur to SET(LR)

Post by CR001 » Sat Jan 14, 2017 9:51 pm

ThisisA wrote:Brilliant, thank you both of you. I am looking at the procedure now. Didnt even consider it. I wonder if I am going to get any appointment at all.
When does your 10 years complete and when did you plan to apply?

Appointments shouldn't be a problem (not like they were a couple of years ago).
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 9:56 pm

CR001 wrote:
ThisisA wrote:Brilliant, thank you both of you. I am looking at the procedure now. Didnt even consider it. I wonder if I am going to get any appointment at all.
When does your 10 years complete and when did you plan to apply?

Appointments shouldn't be a problem (not like they were a couple of years ago).
Just checked, there is no appointment available at the Croydon centre before the 3rd of Feb.
My 10 years completes on the 26th of Jan but current visa is valid till the 18th, so I am literally looking to apply on Monday or Tuesday.

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Casa
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Re: T1 HS Entrepreneur to SET(LR)

Post by Casa » Sat Jan 14, 2017 10:02 pm

If you're willing to travel, you may get an earlier appointment at Solihull PSC.
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ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sat Jan 14, 2017 10:05 pm

Casa wrote:If you're willing to travel, you may get an earlier appointment at Solihull PSC.
Yeah I thought that, checked all of them other than the Glasgow one, there is no appointment available before the 30th. I do not want to be a overstayer and then go for in person application. I am thinking probably I send the postal application within time and then vary it for a in person application?! Do you think that would be an option? I am pretty confident about my case and I should be able to answer all of their questions if they have any. Its just that since 2016 the business is going in loss so I don't know if they are going to say something about it.

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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sun Jan 15, 2017 5:51 pm

Any suggestion on this Gurus?

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Re: T1 HS Entrepreneur to SET(LR)

Post by noajthan » Sun Jan 15, 2017 5:56 pm

When the preferable is not available, the available becomes preferable!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sun Jan 15, 2017 6:25 pm

noajthan wrote:When the preferable is not available, the available becomes preferable!
Thank you, I was wondering if it will be advisable to apple via post and then upgrade to premium services.

Cheers.

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Casa
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Re: T1 HS Entrepreneur to SET(LR)

Post by Casa » Sun Jan 15, 2017 6:27 pm

You can certainly request an upgrade, but there's no guarantee it will be permitted.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sun Jan 15, 2017 6:40 pm

Casa wrote:You can certainly request an upgrade, but there's no guarantee it will be permitted.
Thank you, would you possibly be able to point me to the procedure of requesting for this upgrade?

Cheers,

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Re: T1 HS Entrepreneur to SET(LR)

Post by CR001 » Sun Jan 15, 2017 6:44 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Sun Jan 15, 2017 10:11 pm


ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Mon Jan 16, 2017 12:57 pm

Hi All,

I was about to send my SET(LR) form with all the relevant documents as discussed earlier but then came across a thread here talking about the type of work carried out on T1 Entrepreneurship Visa. When I initially applied for the Visa 3 years ago in January 2013, I had a contract with an agency to provide software consultancy to their clients. I initially submitted that contract and was granted the visa after a year long delay back in January 2014. This contract then subsequently got extended a few times until September 2015.

Now going over a few guidelines, it seems I may have issues with my ILR due to this work?! Can anybody shade any light or similar case details?

Thanks.

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Re: T1 HS Entrepreneur to SET(LR)

Post by Casa » Mon Jan 16, 2017 1:11 pm

Contracting through an agency (or otherwise) is not permitted while under Tier 1 Entrpreneur.

Is this the thread you were referring to?
http://www.immigrationboards.com/uk-tie ... 08516.html
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Mon Jan 16, 2017 1:33 pm

Casa wrote:Contracting through an agency (or otherwise) is not permitted while under Tier 1 Entrpreneur.

Is this the thread you were referring to?
http://www.immigrationboards.com/uk-tie ... 08516.html
Yes, and the other post - http://www.immigrationboards.com/uk-tie ... 88534.html

My issue is that I provided similar contract in 2013 and they granted me visa based on that contract in January 2014. They must have changed the rules after that. Otherwise I wouldn't have been granted the visa initially anyway.

Another point I just read up on the T1 Entrepreneurship extension guideline.

iii. Director’s loan
If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business. You must also provide a legal agreement, between you (in the name that appears on your application for leave) and the company.
This agreement must show:
 the terms of the loan;
 any interest that is payable;
 the period of the loan; and
 that the loan is unsecured and subordinated in favour of third-party creditors.
If it is not clear from the information provided that the loan is unsecured and subordinated in favour of third-party creditors, we will not accept the loan for the award of points.

Does the "legal agreement" bit mean it needs to be on a stamp paper or something? Because at present the only Loan Agreement I have is the one I wrote originally and is in the company records.

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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Mon Jan 16, 2017 4:14 pm

I hope someone looks at this soon, Literally running against time here.

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Re: T1 HS Entrepreneur to SET(LR)

Post by a--R » Mon Jan 16, 2017 7:28 pm

no need to submit any business related documents with your application . I got approval while on this visa without any additional documents.

ThisisA
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Re: T1 HS Entrepreneur to SET(LR)

Post by ThisisA » Mon Jan 16, 2017 10:10 pm

a--R wrote:no need to submit any business related documents with your application . I got approval while on this visa without any additional documents.
Oh wow... Thanks for that, so could you please explain your case a bit more in detail? A few points to highlight if you could please.
  1. Were you on PSW before applying for T1 Entrepreneurship?
  • What type of business did you have?
  • Did you transfer £50K to the business account?
  • Did you meet all the other criteria of T1 extension, such as creating 2 jobs and keep them for 12 months at least?
  • Did you get any query or an interview?
  • How long did it take you to get the decision?
  • Did you apply in person or via post?

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Re: T1 HS Entrepreneur to SET(LR)

Post by a--R » Tue Jan 17, 2017 7:37 pm

ThisisA wrote:
a--R wrote:no need to submit any business related documents with your application . I got approval while on this visa without any additional documents.
Oh wow... Thanks for that, so could you please explain your case a bit more in detail? A few points to highlight if you could please.
  1. Were you on PSW before applying for T1 Entrepreneurship?
YES
  • What type of business did you have?
IT
  • Did you transfer £50K to the business account?
YES
  • Did you meet all the other criteria of T1 extension, such as creating 2 jobs and keep them for 12 months at least?
YES
  • Did you get any query or an interview?
As i said in the nothing being asked about previous visa
  • How long did it take you to get the decision?
one hour total
  • Did you apply in person or via post?
In person

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