Tier 1 Entrepreneur (50K) to ILR - Employee Document

[thebestman]

Hi all,

I was also granted Entrepreneurship visa pre April 2014. My first 3 years visa was valid until 15th July 2016. The extension for another 2 years was granted on 1st September 2016 which is valid until 26th August 2018. I am planning to apply for my ILR by 10th August 2018. However, I just realised that as per rules, I have not employed one employee for 24 months since the extension was granted (as the extension was granted for less than 24 months). I have employed one full time employee since by original entrepreneurship application in 2013.

Also, I am not sure if I should wait until early September to apply for ILR (as criteria of 24 months of job creation will be met, however, my current leave would have expired).

Any help will be much appreciated.

[zimba]

You simply need 104 weeks of full time employment AFTER the extension was granted.
You cannot get ILR if you do not meet such requirement under Tier 1E. My suggestion is to apply for Tier 1E extension before your visa expiry and to avoid being an overstayer. Then vary the extension application to ILR in September when you had full 104 weeks by sending a new application under SET(O) including all the employment evidence to that point.

[thebestman]

Zimba, many thanks for your response. I have couple queries in that case:
- I have employed one employee for 21 months. I also employed another employee for another job, however, that post was made redundant after one month of his employment. As a result, he left the company. Can we consider this one month employment for our ILR? Or it has to be a job for minimum of 12 months?

- If I apply for the extension application, unfortunately I did not keep maintenance funds for last three months in my account. Also, for extension HO would need employing staff for 24 months which is not possible in my case. Should I still apply with insufficient documents and submit an ILR application within 10 days of initial extension application?[/quote]

[zimba]

- I have employed one employee for 21 months. I also employed another employee for another job, however, that post was made redundant after one month of his employment. As a result, he left the company. Can we consider this one month employment for our ILR? Or it has to be a job for minimum of 12 months?

Yes you can under pre-April 2014 transitional arrangements

- If I apply for the extension application, unfortunately I did not keep maintenance funds for last three months in my account. Also, for extension HO would need employing staff for 24 months which is not possible in my case. Should I still apply with insufficient documents and submit an ILR application within 10 days of initial extension application?

You must vary to ILR only when you have enough employment. The option to apply for extension is to buy time not to aim for successful 2nd extension

[thebestman]

Thanks Zimba!

Then I'll go with the 1st option. I was a bit concerned as for one employee I would claim 23 months but for the other employee just one month in a different position. Thanks once again for the clarification.

[thebestman]

Hi there,

I'm going to apply for my ILR in two weeks. I had employed a staff for just one month last year. While taking his identity documents I didn't realise that he had blurred his passport number and also the side strip with passport number on it. He is a British citizen, his name, DOB, photo and other personal details are visible except the passport number. Since we made him redundant, I'm not sure if he will send the details again. Do you think this document will be valid for HO. SET(O) guideline shows the following

Documentation to prove the employee was a settled worker; for example, the biometric page of a British passport showing the employee’s photograph and personal details.


Please advice.

[thebestman]

Hi, I spoke over phone with HO today regarding the issue above. The representative said that HO guidelines do not specifically ask for passport number, however, it does not at the same time mention that it is ok to not have the passport number. He mentioned that I could take a chance and leave the decision to case worker's discretion. Therefore, I decided that I would apply for Tier 1 Entrepreneur visa second extension and then vary the application for ILR. Because by end of August I'll have the other employee completing 24 months.

In the guidance notes they suggest that the original application should be a valid one with following mandatory documents:
- Valid application form
- Mandatory sections of the application completed
- Payment of required fee
- Payment of Immigration Health Surcharge
- Passport and BRP
- 2 Photos

Have I missed any other important document? I would also send other documents including employees' payslips, RTI, FPS, P11, P45, P60 etc. But since they are not mandatory, will it be ok if I don't send them?

Also, what is a safe timeline within which I should vary the application? I am definitely thinking of ASAP, but realistically I think I may take couple weeks before varying the application.

[zimba]

You should ignore advice given on the phone. HO phone lines are answered by third party companies and you should never rely on immigration advice given on the phone as in many cases they are flat out incorrect. Apply for extension with all the required docs and then vary to ILR with the extra documents

[thebestman]

Hi Zimba

Thanks for the response. The employee was kind enough to send his passport page, so I decided to submit an ILR application.

I am filling up my ILR form and I'm confused about two questions -
Q1) For job creation Table B7, I have filled it in the attached format. Could you please let me know if the way I've added the jobs to the table is correct. (screenshot attached).

https://gyazo.com/d075e8d3df891dda06d1abcc0253314e


Q2) On page 32 of SET(0) there's a question in part A2 "Please tick to confirm you have provided appropriate evidence to demonstrate your registration". The options are:
- HM Revenue and Customs documentation
- Companies House documentation
Since I am providing CT600, should I tick both the options or just 2nd one?

Thanks in advance.

Best

[feller]

Hi Thebestman,

I wonder whether your application for ILR was successful using 1 employee for 23 months and another for 1 month?

I am in the exact position as you were.

Thank!
Feller

[rajesh0505]

Are you filling online form or paper form?

What about absence from the UK list?

Do we need any documents to prooved our absences? If so what are they. Please reply someone as I am submitting my documents this week. Thanks.

[rajesh0505]

My solicitors said me select both on your second question, as you are sending ct 600.

First question, I am also confused. Please help us Zumba. Thanks In advance.

Hi Zimba

Thanks for the response. The employee was kind enough to send his passport page, so I decided to submit an ILR application.

I am filling up my ILR form and I'm confused about two questions -
Q1) For job creation Table B7, I have filled it in the attached format. Could you please let me know if the way I've added the jobs to the table is correct. (screenshot attached).

https://gyazo.com/d075e8d3df891dda06d1abcc0253314e


Q2) On page 32 of SET(0) there's a question in part A2 "Please tick to confirm you have provided appropriate evidence to demonstrate your registration". The options are:
- HM Revenue and Customs documentation
- Companies House documentation
Since I am providing CT600, should I tick both the options or just 2nd one?

Thanks in advance.

Best