T1 HS Entrepreneur to SET(LR)

[noajthan]

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

Legal agreement for DL means legal agreement.
And you should have stopped contracting back in 2014 even if it was permitted before extension.

[ThisisA]

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

Legal agreement for DL means legal agreement.
And you should have stopped contracting back in 2014 even if it was permitted before extension.

Hi noajthan, thank you for the update. When you say Legal Agreement means legal agreement, do you mean it needs to be on some type of stamp paper? Because all I have so far is the normal company agreement which is on the company records and the minutes for meetings.

Well, I was not aware of the changes of the rules until later and shouldn't I be counted under the old rules as at that time Home Office approved visa on the same contract? I remember a similar situation happening with the income threshold under HSMP route as well, people with lower income were categorised under "old" rules.

[noajthan]

Hi noajthan, thank you for the update. When you say Legal Agreement means legal agreement, do you mean it needs to be on some type of stamp paper? Because all I have so far is the normal company agreement which is on the company records and the minutes for meetings.

Well, I was not aware of the changes of the rules until later and shouldn't I be counted under the old rules as at that time Home Office approved visa on the same contract? I remember a similar situation happening with the income threshold under HSMP route as well, people with lower income were categorised under "old" rules.

Not sure what you mean by stamp paper. But the wording of a DL is critical.

My understanding is you should not be contracting.
Here's a related case;
http://www.immigrationboards.com/uk-tie ... 23604.html

[ThisisA]

Hi noajthan, thank you for the update. When you say Legal Agreement means legal agreement, do you mean it needs to be on some type of stamp paper? Because all I have so far is the normal company agreement which is on the company records and the minutes for meetings.

Well, I was not aware of the changes of the rules until later and shouldn't I be counted under the old rules as at that time Home Office approved visa on the same contract? I remember a similar situation happening with the income threshold under HSMP route as well, people with lower income were categorised under "old" rules.

Not sure what you mean by stamp paper. But the wording of a DL is critical.

My understanding is you should not be contracting.
Here's a related case;
http://www.immigrationboards.com/uk-tie ... 23604.html

I mean is there any specific legal way to make it a "legal agreement" or making an agreement in private between me and the company and keeping it in the records will suffice?

So this specific mention of the "No contract" work came in effect from April 2014 and I was granted the visa on January 2014. Seeing I was granted visa based on a similar contract, shouldn't I be deal with under the rules in effect when I applied / granted the visa?

[ThisisA]

Having read through another thread on this forum - http://www.immigrationboards.com/uk-tie ... 88534.html

Looks like they may question but then I have stopped contracting since September 2015 and have created 2 full time jobs and have invested the £50k as well. So hopefully should be ok, fingers crossed.

[zimba]

You are applying via the 10 year private life route. You do not need to worry much about Tier 1E rules and do not need to submit any documents for it. You will face no issue unless you were in a breach of any visa conditions during the last 10 years

[ThisisA]

You are applying via the 10 year private life route. You do not need to worry much about Tier 1E rules and do not need to submit any documents for it. You will face no issue unless you were in a breach of any visa conditions during the last 10 years

Cheers, I was never in breach of any condition but just wondering if Home Office is going to count the contract work as mentioned earlier as "breach of T1 conditions", but then because they granted my visa based on similar contract I have a leg to stand on I suppose.

[zimba]

Unless they question you regrading your Tier 1E visa which is unlikely. I advise you to just apply and you should be fine

[ThisisA]

Unless they question you regrading your Tier 1E visa which is unlikely. I advise you to just apply and you should be fine

I certainly hope so. Fingers crossed...

[ThisisA]

Quick question, having gone through the forum I have not found a post where people have been called in for an interview who applied for ILR on the basis of SET (LR). Do people get interviewed on while applying under long residence? If yes, what type of questions do they ask?

[ThisisA]

Hi Admins,

It looks like merging the 2 posts didn't help getting any response in my case. Can I just confirm if the forum allows to have only 1 topic per user? I ask because the topic for my 2nd post was not at all related to this post.

[zimba]

Quick question, having gone through the forum I have not found a post where people have been called in for an interview who applied for ILR on the basis of SET (LR). Do people get interviewed on while applying under long residence? If yes, what type of questions do they ask?

You will be interviewed if UKVI determines there is a need for it. In most cases it is not done.

[ThisisA]

Quick question, having gone through the forum I have not found a post where people have been called in for an interview who applied for ILR on the basis of SET (LR). Do people get interviewed on while applying under long residence? If yes, what type of questions do they ask?

You will be interviewed if UKVI determines there is a need for it. In most cases it is not done.

Thank you zimba88, I am aware that UKVI will invite for interview if they deem necessary, I was just wondering if anybody has been called in for one. You wouldn't have such an example, would you?

[ThisisA]

Hi Gurus,

It has been just over a month since I submitted my SET(LR) application, I was wondering if you guys would advise me to go for the premium upgrade option. There is not much complication in my case and I have never really broken any terms of my previous visas. Also, I would really appreciate if someone can point me to a case where a forum member has been called in for an interview after a SET(LR) application.

[zimba]

Hi Gurus,

It has been just over a month since I submitted my SET(LR) application, I was wondering if you guys would advise me to go for the premium upgrade option. There is not much complication in my case and I have never really broken any terms of my previous visas. Also, I would really appreciate if someone can point me to a case where a forum member has been called in for an interview after a SET(LR) application.

A postal ILR application is normally decided within 6 months, so you need to be patient. You can upgrade to premium if you like though.

[ThisisA]

Hi Gurus,

So my case just got a little bit complicated. As you all know I applied for SET(LR) on 17/01/2017 and my T1 HS Visa expired on the 18/01/2017. I submitted a bankers draft for the fees and it turns out that the date on the draft was put as January 2016 by mistake. So I am guessing that the payment could not be processed.

I have just received the documents for the SAR and in those documents I have found a comment mentioning that the draft is invalid. The problem is that home office has not got back to me about this yet. I thought the payment generally gets cleared within the first week and any discrepancies should have been flagged and communicated to me by now. I have also received the biometric letter earlier and since have completed that as well.

I am wondering what should be my next step?! I do not want to delay the process for stupid reason and is there an email address or a postal address which I can use to get in touch with them? I have confirmed with the bank that the amount has not been taken out yet but they cannot refund until I have the original draft returned.

Any suggestion will be really helpful.

Thanks a lot.

[zimba]

Contact details of UKVI: https://www.gov.uk/contact-ukvi/visas-and-settlement

[ThisisA]

Thank you very much. I already called that number but they could not help at all. The lady said, just wait for Home Office to get in touch. This is stupid... Am I not able to initiate a communication from my end? Apparently they can only help if the application is out of normal "expected" time frame.

[ThisisA]

I am going to call them on Monday morning to ask about the options available but in case I receive anything back form the Home Office regarding this, what are my options here? Can I just send them another cheque or a draft? Do I have to apply fresh and if thats the case then would I be an overstayer in that situation? Please help.

[ThisisA]

So I called the customer care number again today and spoke to a helpful gentleman. After explaining my situation he said, if there is a problem with the payment, the Home Office will contact directly and that there is no way to contact them directly regarding this.

Can someone confirm if I have any other way of getting this sorted. I do not want them to refuse the application based on this. That will be a bigger issue.

[be123+]

So I called the customer care number again today and spoke to a helpful gentleman. After explaining my situation he said, if there is a problem with the payment, the Home Office will contact directly and that there is no way to contact them directly regarding this.

Can someone confirm if I have any other way of getting this sorted. I do not want them to refuse the application based on this. That will be a bigger issue.

Not sure whether there is anything that you can do. I received a letter from the HO and said that my photo is not valid and would need to submit another one. I did eventually send another photos to the HO. The thing is when you submit your application, it's only valid when 1. they receive the payment and 2. when the pass photo is accepted and 3. after the biometric.

So not sure whether it would be treated as out of application. When is your 10 years?

Thanks

[ThisisA]

So I called the customer care number again today and spoke to a helpful gentleman. After explaining my situation he said, if there is a problem with the payment, the Home Office will contact directly and that there is no way to contact them directly regarding this.

Can someone confirm if I have any other way of getting this sorted. I do not want them to refuse the application based on this. That will be a bigger issue.

Not sure whether there is anything that you can do. I received a letter from the HO and said that my photo is not valid and would need to submit another one. I did eventually send another photos to the HO. The thing is when you submit your application, it's only valid when 1. they receive the payment and 2. when the pass photo is accepted and 3. after the biometric.

So not sure whether it would be treated as out of application. When is your 10 years?

Thanks

I have already completed by 10 years on the 26th Jan 2017, but my last visa expired on the 18th of Jan. I have seen so many cases where home office just asks for a different payment method rather than rejecting the application outright.

[ThisisA]

I was looking through the guidance and found this - (Source - https://www.gov.uk/government/uploads/s ... es-v18.pdf)

An applicant must pay any specified fee by one of the methods specified in the form and/or guidance notes.
The application is invalid and must be rejected if:
- it is paid by any other method
- any specified fee is not paid in full
- the applicant has been given 10 business days to correct this error but they have failed
to respond to your request or correct the error sufficiently
In the majority of cases, this should have been done before the case reaches the caseworking team. However, you must check the payment details screen to make sure there are no fee issues before you consider the application.

Does this mean they will still give me a chance to make the payment?

[ThisisA]

Also on page 81 -

Fees
You must not use discretion and accept an application or claim as valid if a specified fee is not paid. The requirements for the payment of fees are in the relevant fees regulations.
You must contact the applicant, in writing, to give them a single opportunity to correct any omission or error they have made which could make their application invalid. You must give them 10 business days to respond to your request.
If the applicant does not respond to your request to pay the correct fee, the application is invalid because of the regulations rather than the Immigration Rules.

It looks like I may get a chance to rectify the payment issue after all. Can the Gurus confirm please?

[ThisisA]

Update,

So I received a letter from the Home Office along with the payment page from the application form to provide a different payment method. I have already got another bankers draft created and am going to send it over tomorrow.

However, there is no address mentioned in the letter, can someone confirm if I need to send it to the initial ILR application address where I sent the form and all the supporting documents?

Cheers.