Applying ILR on T1 Ent in a week - few questions please

[sky_rise]

Dear members,

appreciate your help and advise throughout the forum over the years.

I am applying for ILR on entrepreneur route in a week's time.

Received first T1E leave in May 2013, so completing 5 years now. Extended in Oct 2016 (6 months wait, had employment in that waiting period too).

Few first questions - will welcome advise:

- After getting leave, during oct16-may18 i have created more than 24months equivalent of full time jobs (if i count may16-oct16 this will be even more than 24m f-t employment). Do i need to show only selected (limited) 24months i prefer as employment creation to meet criteria (diring oct16-may18), or do i show all total employment created from time i applied for extension (or received it?) till now or only some specific 24months creation and not more than that? I don't mind to submit docs for all employment created, just whether it is relevant or not as extra documents/ paperwork for CW?

- My partner switched to being my PBS dependent in October 2017 from tier 2, and her leave is still valid till Oct 2018 - can she extend her stay (premium in person) as my dependent on PBS route once i get ILR hopefully, or does she have to apply with me via post? She works and travels a lot, hence hesitation to apply by post together. Is there any restriction if we do that way?

many thanks for help,

SR

[regularuser]

Hi

- After getting leave, during oct16-may18 i have created more than 24months equivalent of full time jobs (if i count may16-oct16 this will be even more than 24m f-t employment). Do i need to show only selected (limited) 24months i prefer as employment creation to meet criteria (diring oct16-may18), or do i show all total employment created from time i applied for extension (or received it?) till now or only some specific 24months creation and not more than that? I don't mind to submit docs for all employment created, just whether it is relevant or not as extra documents/ paperwork for CW? -

Employment created only count after the extension means you need 24 months full time employment from oct-16

Not sure about your wife situation wait for others to reply.

[sky_rise]

hi, thank you, i fully understand this and that's what i have reflected. My question is should i provide only the 24months created, or is it good to show that i have done more than that? during period of leave i have done more that 24months (oct16-may18), and also while awaiting extension grant (may16-oct16).

I will appreciate response on this on the partner visa question.

thanks

SR

[marcnath]

The job creation during the extension waiting period is irrelevant, so I would not include it.
It is generally fine to add more than the exact 24 month, mainly because it gives a buffer if a document is missed or misplaced or some other mistake has been made.

Your partner can continue on the existing visa until it expires and renew it when it is due. She does not have to apply with you.

[sky_rise]

The job creation during the extension waiting period is irrelevant, so I would not include it.
It is generally fine to add more than the exact 24 month, mainly because it gives a buffer if a document is missed or misplaced or some other mistake has been made.

Your partner can continue on the existing visa until it expires and renew it when it is due. She does not have to apply with you.

evening marcnath, thanks for valuable comment.

i understand that guidance notes ask us to only submit relevan 24months. so do you suggest i include a bit extra in the table we fill in, or just add a few payslips and cover it in a letter?

so just to confirm, when i apply end of may, my partner can continue travel as required and can apply in person when due later in the year to extend?

many thanks once again to all reading,

SR

[marcnath]

The guidance does not specifically say you should only submit 24 months.
It has a general statement that says adding irrelevant documents may lead to delays.
A few extra documents, I believe, are not going to add delays.
But if you are adding those, then they need to be consistent and complete - job table, fps, payslips, etc. Only then does it have some value if you something else slipped up.
Yes, your partner will continue to be able to travel on the dependant's visa.
But, if her visa expires when yours is still in process, then it would have to be a postal application.

[sky_rise]

The guidance does not specifically say you should only submit 24 months.
It has a general statement that says adding irrelevant documents may lead to delays.
A few extra documents, I believe, are not going to add delays.
But if you are adding those, then they need to be consistent and complete - job table, fps, payslips, etc. Only then does it have some value if you something else slipped up.
Yes, your partner will continue to be able to travel on the dependant's visa.
But, if her visa expires when yours is still in process, then it would have to be a postal application.

many thanks for this response, noted.

on another note: there is now an option to apply online for set o ilr, is this a good idea, or better stick to the paper form? we still need to send evidence in the envelope as i understand.

Here is the link to online and print application https://www.gov.uk/government/publicati ... -form-seto

[marcnath]

The guidance does not specifically say you should only submit 24 months.
It has a general statement that says adding irrelevant documents may lead to delays.
A few extra documents, I believe, are not going to add delays.
But if you are adding those, then they need to be consistent and complete - job table, fps, payslips, etc. Only then does it have some value if you something else slipped up.
Yes, your partner will continue to be able to travel on the dependant's visa.
But, if her visa expires when yours is still in process, then it would have to be a postal application.

many thanks for this response, noted.

on another note: there is now an option to apply online for set o ilr, is this a good idea, or better stick to the paper form? we still need to send evidence in the envelope as i understand.

Here is the link to online and print application https://www.gov.uk/government/publicati ... -form-seto

When an online option is available, it is better to use that. Saves the CW some work in entering data from your paper form into the computer.

[sky_rise]

thanks - i will go for online then.

I have a few questions on the job creation i will be submitting, and will value response:

For my ILR, i will follow this submission - please correct or confirm that the case is suitable:

- Extension received on 07.10.2016
- The jobs i would like to claim are:
- One same full time person (30+ hours per week) for the period 1 oct 2016 - 31 May 2018 - 20months full time total
- 2 part time workers (each 16hrs per week) working each month during the period 5 December 2017 - 31 May 2018 - 6 months full time total

Questions are:

- Can i count employment created in october 2016 as a full month given that my extention issued on 7 Oct?
- 2 part time workers working each month dec 17 - may 18 - is that ok that they might have diferent job titles, and it was a total of 5 different people across roles? There was no interruption to employment as the handover between coming and going employees was seamless.

thank you,

SR

[sm12]

The guidance does not specifically say you should only submit 24 months.
It has a general statement that says adding irrelevant documents may lead to delays.
A few extra documents, I believe, are not going to add delays.
But if you are adding those, then they need to be consistent and complete - job table, fps, payslips, etc. Only then does it have some value if you something else slipped up.
Yes, your partner will continue to be able to travel on the dependant's visa.
But, if her visa expires when yours is still in process, then it would have to be a postal application.

many thanks for this response, noted.

on another note: there is now an option to apply online for set o ilr, is this a good idea, or better stick to the paper form? we still need to send evidence in the envelope as i understand.

Here is the link to online and print application https://www.gov.uk/government/publicati ... -form-seto

When an online option is available, it is better to use that. Saves the CW some work in entering data from your paper form into the computer.

This is interesting. If this is used, doesn't a printout of the application form have to be sent anyway?

[marcnath]

thanks - i will go for online then.

I have a few questions on the job creation i will be submitting, and will value response:

For my ILR, i will follow this submission - please correct or confirm that the case is suitable:

- Extension received on 07.10.2016
- The jobs i would like to claim are:
- One same full time person (30+ hours per week) for the period 1 oct 2016 - 31 May 2018 - 20months full time total
- 2 part time workers (each 16hrs per week) working each month during the period 5 December 2017 - 31 May 2018 - 6 months full time total

Questions are:

- Can i count employment created in october 2016 as a full month given that my extention issued on 7 Oct?
- 2 part time workers working each month dec 17 - may 18 - is that ok that they might have diferent job titles, and it was a total of 5 different people across roles? There was no interruption to employment as the handover between coming and going employees was seamless.

thank you,

SR

I would consider that only employment from 7.10 count. But it is not going to make a difference - you have about 26 months, so that 1 week will not disqualify you.
Since you are pre-April 2014, you should be ok. Just figure out how to present it in the job table as you are supposed to indicate which two jobs are combined to make 1 FT equivalent.

[sky_rise]

thanks - i will go for online then.

I have a few questions on the job creation i will be submitting, and will value response:

For my ILR, i will follow this submission - please correct or confirm that the case is suitable:

- Extension received on 07.10.2016
- The jobs i would like to claim are:
- One same full time person (30+ hours per week) for the period 1 oct 2016 - 31 May 2018 - 20months full time total
- 2 part time workers (each 16hrs per week) working each month during the period 5 December 2017 - 31 May 2018 - 6 months full time total

Questions are:

- Can i count employment created in october 2016 as a full month given that my extention issued on 7 Oct?
- 2 part time workers working each month dec 17 - may 18 - is that ok that they might have diferent job titles, and it was a total of 5 different people across roles? There was no interruption to employment as the handover between coming and going employees was seamless.

thank you,

SR

I would consider that only employment from 7.10 count. But it is not going to make a difference - you have about 26 months, so that 1 week will not disqualify you.
Since you are pre-April 2014, you should be ok. Just figure out how to present it in the job table as you are supposed to indicate which two jobs are combined to make 1 FT equivalent.

thank you, should i put all this 26months in the table or just 24?

[marcnath]

Go with 26 - gives you a buffer just in case

[sky_rise]

Go with 26 - gives you a buffer just in case

thank you.

I remember we had to sign each FPS, payslip and passport copy doc for extension. Do we still need to sign each job creation document?

And, we do need to print each document twice (like a "original" and a copy?)

thank you,

SR

[marcnath]

Go with 26 - gives you a buffer just in case

thank you.

I remember we had to sign each FPS, payslip and passport copy doc for extension. Do we still need to sign each job creation document? ==> That has changed and is no longer required.

And, we do need to print each document twice (like a "original" and a copy?) ==> That's what I did

thank you,

SR

[sky_rise]

Go with 26 - gives you a buffer just in case

thank you.

I remember we had to sign each FPS, payslip and passport copy doc for extension. Do we still need to sign each job creation document? ==> That has changed and is no longer required.

And, we do need to print each document twice (like a "original" and a copy?) ==> That's what I did

thank you,

SR

Thanks Marcnath,

so even for extra safety we definitely do not need to sign anything, right?

One of my employees changed surname (got married).
- Do i need to submit new passport copy with changed surname?
- Do i need to enter this employee as a new employee in a table on the date surname changed? they keep same national insurance and pay.

thanks
SR

[sky_rise]

Go with 26 - gives you a buffer just in case

thank you.

I remember we had to sign each FPS, payslip and passport copy doc for extension. Do we still need to sign each job creation document? ==> That has changed and is no longer required.

And, we do need to print each document twice (like a "original" and a copy?) ==> That's what I did

thank you,

SR

Thanks Marcnath,

so even for extra safety we definitely do not need to sign anything, right?

One of my employees changed surname (got married).
- Do i need to submit new passport copy with changed surname?
- Do i need to enter this employee as a new employee in a table on the date surname changed? they keep same national insurance and pay.

thanks
SR

Dear members and guru, i will appreciate a response as i am submitting the application online in a few days and have a few last questions - please kindly help:

- date when i entered the UK - i put the date i was 1st granted T1e?

- question on the evidence of absences - do we need to provide any evidence, or just answer :not required/ not applicable?"

- Job creation: i am providing job creation, and they allow input of job created and employees for that - incl. only name, start and end date, full or part time and hourly rate. I have two questions: do we still put one employee but with different pay as two different employees? And, do i need to enter same employee as a new employee in a table on the date surname changed?

- In job creation, there is no option to actually state which jobs you combine, so i assume that whoever is under one Job title section, will be assumed to be combined? For that, i would need to put employees with varying job titles into similar/ mixed job title, otherwise no way to indicate who is combined. Is that looking ok?

- English language: There is no option to indicate you are exempt/ satisfied in the past as PSW. So i click to provide university degree certificate - is that ok?

Please kindly respond, thank you!
SR

[marcnath]

Sorry to say this, but some of these just need you to read the form with care.
It is critical that you read the form and guidance in detail.

Dear members and guru, i will appreciate a response as i am submitting the application online in a few days and have a few last questions - please kindly help:

- date when i entered the UK - i put the date i was 1st granted T1e? ==> Yes, if you entered on the date it was granted. Otherwise, the actual date that you entered.

- question on the evidence of absences - do we need to provide any evidence, or just answer :not required/ not applicable?" ==> There is a box in section 6.3 that tells which visa categories need evidence. So, if you fall into one of those, you need to provide evidence. Do you ?

- Job creation: i am providing job creation, and they allow input of job created and employees for that - incl. only name, start and end date, full or part time and hourly rate. I have two questions: do we still put one employee but with different pay as two different employees? And, do i need to enter same employee as a new employee in a table on the date surname changed? ==> Last paragraph in Pg 42 says If the hourly rate changed for an employee in the same job, please enter this information as a fresh period of employment. So enter it as different rows in the same table. You can do the same for surname change

- In job creation, there is no option to actually state which jobs you combine, so i assume that whoever is under one Job title section, will be assumed to be combined? For that, i would need to put employees with varying job titles into similar/ mixed job title, otherwise no way to indicate who is combined. Is that looking ok? ==> Not sure which form you are using. I am looking at the one issued Jan 2018 and it and the Job Table in pg 43 has this If this job is being combined with another job to make equivalent of 1 full time job, indicate which job:

- English language: There is no option to indicate you are exempt/ satisfied in the past as PSW. So i click to provide university degree certificate - is that ok? ==> Yes, mention it in the cover letter. You can see how I handled it at uk-tier-1-entrepreneur-visas/an-example ... 34487.html

[sky_rise]

Sorry to say this, but some of these just need you to read the form with care.
It is critical that you read the form and guidance in detail.

Dear members and guru, i will appreciate a response as i am submitting the application online in a few days and have a few last questions - please kindly help:

- date when i entered the UK - i put the date i was 1st granted T1e? ==> Yes, if you entered on the date it was granted. Otherwise, the actual date that you entered.

- question on the evidence of absences - do we need to provide any evidence, or just answer :not required/ not applicable?" ==> There is a box in section 6.3 that tells which visa categories need evidence. So, if you fall into one of those, you need to provide evidence. Do you ?

- Job creation: i am providing job creation, and they allow input of job created and employees for that - incl. only name, start and end date, full or part time and hourly rate. I have two questions: do we still put one employee but with different pay as two different employees? And, do i need to enter same employee as a new employee in a table on the date surname changed? ==> Last paragraph in Pg 42 says If the hourly rate changed for an employee in the same job, please enter this information as a fresh period of employment. So enter it as different rows in the same table. You can do the same for surname change

- In job creation, there is no option to actually state which jobs you combine, so i assume that whoever is under one Job title section, will be assumed to be combined? For that, i would need to put employees with varying job titles into similar/ mixed job title, otherwise no way to indicate who is combined. Is that looking ok? ==> Not sure which form you are using. I am looking at the one issued Jan 2018 and it and the Job Table in pg 43 has this If this job is being combined with another job to make equivalent of 1 full time job, indicate which job:

- English language: There is no option to indicate you are exempt/ satisfied in the past as PSW. So i click to provide university degree certificate - is that ok? ==> Yes, mention it in the cover letter. You can see how I handled it at uk-tier-1-entrepreneur-visas/an-example ... 34487.html

Hi Marcnath, thank you for your response. I have read the form a few times, but questions are due to the fact that i am submitting in through online form, and it is VERY different - it turns out to be much smaller than a paper one, and there are no ways to indicate a few things as on paper form, hence my questions. I believe you will get more people asking the same as this is not same as paper one

please help me understand:

- I am in the UK for 12 years, so i did not enter the UK on T1e, i was granted leave (like you were i assume), so, should my date here be the date BRP first issued on T1e?

- Evidence for absences - the online form states that evidence also needed for T2, T5 and "Permitted employment categories" - does this include us? Also, the form does not let me continue until i choose what evidence i can provide - there is no option like "No i do not need to provide on T1e"

- Employee surname change - noted, i will enter the employee with new start dates because of surname change

- Job creation: in the online form, there is no such things as to indicate which jobs are combined, and this is confusing me largely. what is your opinion on this?

- English language: online form, if i choose i do not provide evidence of degree or other evidence, states that i then need exceptional circumstances not allowing me to pass English test.

Please respond on these.

Thank you,

SR

[marcnath]

Ok. Fair enough - I did not realise you were using the online form.

This is tough to answer as I do not have access to the online form myself.

But you can still use the paper form to guide some of the questions
- Date of entry - I would safely assume it is the same as paper form. Start date on the route
- Evidence of absences is not needed for T1E. So if there is the option to mark not required/applicable, that is what you go with
- Part time job - I am not sure. There is a requirement to indicate which jobs are combined, so if it is not in the online form, then some sort of cover letter online or when you send in your documents
- English language - if the form does not allow you to proceed without an attachment, then either attach it or create a simple document that says you are not submitting it because it was previously awarded and attach that

[sky_rise]

Ok. Fair enough - I did not realise you were using the online form.

This is tough to answer as I do not have access to the online form myself.

But you can still use the paper form to guide some of the questions
- Date of entry - I would safely assume it is the same as paper form. Start date on the route
- Evidence of absences is not needed for T1E. So if there is the option to mark not required/applicable, that is what you go with
- Part time job - I am not sure. There is a requirement to indicate which jobs are combined, so if it is not in the online form, then some sort of cover letter online or when you send in your documents
- English language - if the form does not allow you to proceed without an attachment, then either attach it or create a simple document that says you are not submitting it because it was previously awarded and attach that

thank you!

Is that ok to print double sided for docs we submit, specifically FPS - they are all multiple pages?

[marcnath]

Ok. Fair enough - I did not realise you were using the online form.

This is tough to answer as I do not have access to the online form myself.

But you can still use the paper form to guide some of the questions
- Date of entry - I would safely assume it is the same as paper form. Start date on the route
- Evidence of absences is not needed for T1E. So if there is the option to mark not required/applicable, that is what you go with
- Part time job - I am not sure. There is a requirement to indicate which jobs are combined, so if it is not in the online form, then some sort of cover letter online or when you send in your documents
- English language - if the form does not allow you to proceed without an attachment, then either attach it or create a simple document that says you are not submitting it because it was previously awarded and attach that

thank you!

Is that ok to print double sided for docs we submit, specifically FPS - they are all multiple pages?

Sure.

[sky_rise]

Dear all,

I have just noticed the following: on my monthly FPS, specifically some dating back to 2016, i have all details required for employees mentioned, BUT on some of the monthly FPS name of my business/ PAYE reference is not stated anywhere (usually it is on top of the 1st page in FPS - but somehow payroll accountant have those omitted/ missed on some of them). All these employees on such FPS have payslips where company and PAYE reference are mentioned. Will this be ok as FPS timestamp for submission date and payslips correspond?

I looked into the T1e guidance (april 2018) and it does state that FPS needs to have names and details of employees, but does not specifically mention that company name/ PAYE ref must be there. Is that ok or...?

will appreciate your response please as a matter of urgency.

Guidance states on p35:

"Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker as legally required, and have done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions."


and on p57:


"How to assess the dates of the employment from Full Payment Submissions (FPS)
A33. In order to qualify for points the post must be created as a result of your contribution to the United Kingdom economy. The posts you have created or have been created by your business, must be new posts.
A34. If you are joining an existing business you must create posts as a result of your contribution. When awarding points, we will only accept evidence of posts created after the date that you started work in the business.
A35 Full Payment Submissions show the dates of employment of the worker, and you must supply them with your application."

thank you,

SR

[sm12]

Which software is this?
Is the accounts office reference also missing, or just the PAYE referene and company name?
I just looked at the XML of my FPS and it seems only the PAYE reference and the accounts office reference are submitted and not the actual name.

[marcnath]

Dear all,

I have just noticed the following: on my monthly FPS, specifically some dating back to 2016, i have all details required for employees mentioned, BUT on some of the monthly FPS name of my business/ PAYE reference is not stated anywhere (usually it is on top of the 1st page in FPS - but somehow payroll accountant have those omitted/ missed on some of them). All these employees on such FPS have payslips where company and PAYE reference are mentioned. Will this be ok as FPS timestamp for submission date and payslips correspond?

I looked into the T1e guidance (april 2018) and it does state that FPS needs to have names and details of employees, but does not specifically mention that company name/ PAYE ref must be there. Is that ok or...?

will appreciate your response please as a matter of urgency.

Guidance states on p35:

"Job creation: specified documents
If you are required to score points for job creation you must provide all the following specified documents:
(a) Printouts of Real Time-Full Payment Submissions showing you are complying with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs, in respect of each relevant settled worker as legally required, and have done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions."


and on p57:


"How to assess the dates of the employment from Full Payment Submissions (FPS)
A33. In order to qualify for points the post must be created as a result of your contribution to the United Kingdom economy. The posts you have created or have been created by your business, must be new posts.
A34. If you are joining an existing business you must create posts as a result of your contribution. When awarding points, we will only accept evidence of posts created after the date that you started work in the business.
A35 Full Payment Submissions show the dates of employment of the worker, and you must supply them with your application."

thank you,

SR

You can check with your accountant if it can be recreated. But it should not matter - especially if some of them have it and others don't. Taken together with other documents, it would be clear they are employed in your business.