Tier 1 Entrepreneur - ILR route

[Minnzzy]

The jobs must have existed for at least 12 months during your most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application.


Your lawyer has weak English and no experience.
Disregarded the comma
“ or, where the leave was granted less than 12 months ago.......”
Which isn’t ur case!

Thank you so much for your response.

Dear Marcnrath, Zimba and other senior members

Need urgent clarification please, although I had asked this before I am really getting varied answers from solicitors and getting too confused.

My first entry in Nov 2013 with my son for 10 days. - my sons first entry.

My second entry in Feb 2014 with my spouse for 10 days - My spouses first entry.

I only moved with my spouse to Uk in July 2014 so there was an absence between feb 2014- July 2014 and some again in dec 2014.

As per your previous reply if me and my spouse qualifies my son qualifies to file for ILR so please advise and help me settle this confusion.

Urgent Query;

I am planning to file my ILR in March 2019 with my 2 dependants provided if I can calculate my continuous period backward for these periods. Please confirm - even though I was absent from the UK from mid Feb 2014 - July 2014 and some absences again in Dec 2014 could I still qualify and file my ILR in March 2019?

Could I calculate the first continuous year from MARCH 2014- FEB 2015 if I have completed 180 days during this period and so on for the next years till march 2019 keeping in mind I had already made my entries to UK on 2 occasions and I was not in the UK in March 2014. Post this year there are hardly any absences.

I really hope I can file before the rules change in April 2019.

Appreciate your quick response please.

Warm Regards,
Minnzzy

Apologies for being repetitive.

[aman90]

My first entry in Nov 2013 with my son for 10 days. - my sons first entry.

My second entry in Feb 2014 with my spouse for 10 days - My spouses first entry.

I only moved with my spouse to Uk in July 2014 so there was an absence between feb 2014- July 2014
and some again in dec 2014.


I am planning to file my ILR in March 2019 with my 2 dependants provided if I can calculate my continuous period backward for these periods. Please confirm - even though I was absent from the UK from mid Feb 2014 - July 2014 and some absences again in Dec 2014 could I still qualify and file my ILR in March 2019?

what are ur exact dates? Date of entry in Feb 14- date of leaving Uk in Feb 14-
Date of entry July 14? How many days were you away from the date u left in FEB 14 to the day you entered in JULY 14. How many days were you away in Dec 14? when did you leave and enter?

Could I calculate the first continuous year from MARCH 2014- FEB 2015 if I have completed 180 days during this period and so on for the next years till march 2019 keeping in mind I had already made my entries to UK on 2 occasions and I was not in the UK in March 2014. Post this year there are hardly any absences.

The rule is absences must not exceed 180 days not that you've been living 180 days in UK in a year. That would be 185 days.

I really hope I can file before the rules change in April 2019.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Read page 8,9

Dependants absences dont count as absences only yours do!
Both leaves were granted before 11/01/18.

The form requires you to list all the absences as Entry date and leaving date.

lets say you plan to apply on 01/03/19. The number of days must not exceed 180 days in any given year.
calculate the number of days between:
1. 01/03/19- 01/03/18 =
2. 01/03/18-01/03/17 =
3.01/03/17-01/03/16 =
4. 01/03/16-01/03/15 =
5. 01/03/15/-01/03/14 =

Use timeanddate calculator for exact number of days between dates.

[Minnzzy]

My first entry in Nov 2013 with my son for 10 days. - my sons first entry.

My second entry in Feb 2014 with my spouse for 10 days - My spouses first entry.

I only moved with my spouse to Uk in July 2014 so there was an absence between feb 2014- July 2014
and some again in dec 2014.


I am planning to file my ILR in March 2019 with my 2 dependants provided if I can calculate my continuous period backward for these periods. Please confirm - even though I was absent from the UK from mid Feb 2014 - July 2014 and some absences again in Dec 2014 could I still qualify and file my ILR in March 2019?

what are ur exact dates? Date of entry in Feb 14- date of leaving Uk in Feb 14-
Date of entry July 14? How many days were you away from the date u left in FEB 14 to the day you entered in JULY 14. How many days were you away in Dec 14? when did you leave and enter? - As explained above I came to Uk in Feb 2014 only for 10 days and then left UK.

Could I calculate the first continuous year from MARCH 2014- FEB 2015 if I have completed 180 days during this period and so on for the next years till march 2019 keeping in mind I had already made my entries to UK on 2 occasions and I was not in the UK in March 2014. Post this year there are hardly any absences.

The rule is absences must not exceed 180 days not that you've been living 180 days in UK in a year. That would be 185 days.

I really hope I can file before the rules change in April 2019.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Read page 8,9

Dependants absences dont count as absences only yours do!
Both leaves were granted before 11/01/18. - Yes both were granted before 11 Jan 2018.

The form requires you to list all the absences as Entry date and leaving date.

lets say you plan to apply on 01/03/19. The number of days must not exceed 180 days in any given year.
calculate the number of days between:
1. 01/03/19- 01/03/18 =
2. 01/03/18-01/03/17 =
3.01/03/17-01/03/16=
4. 01/03/16-01/03/15 =
5. 01/03/15/-01/03/14 =

Use timeanddate calculator for exact number of days between dates.

Dear Aman,

There are no issues in any year as per the list above. In each year I have not exceeded my absences over 180 days form the UK. Only from 01/03/2015-01/03/2014 - I was absent for 170 days from UK including all absences from 1 March - July and then again in Dec 2014. The real question is I was not in uk on 1 March 2014, even though I had made my first entry to Uk so I could I use the period from 1 March - 2014 onwards for this continuous period.

Thanks for all your help.

Regards,
Minnzzy

[aman90]

My first entry in Nov 2013 with my son for 10 days. - my sons first entry.

My second entry in Feb 2014 with my spouse for 10 days - My spouses first entry.

I only moved with my spouse to Uk in July 2014 so there was an absence between feb 2014- July 2014
and some again in dec 2014.


I am planning to file my ILR in March 2019 with my 2 dependants provided if I can calculate my continuous period backward for these periods. Please confirm - even though I was absent from the UK from mid Feb 2014 - July 2014 and some absences again in Dec 2014 could I still qualify and file my ILR in March 2019?

what are ur exact dates? Date of entry in Feb 14- date of leaving Uk in Feb 14-
Date of entry July 14? How many days were you away from the date u left in FEB 14 to the day you entered in JULY 14. How many days were you away in Dec 14? when did you leave and enter? - As explained above I came to Uk in Feb 2014 only for 10 days and then left UK.

Could I calculate the first continuous year from MARCH 2014- FEB 2015 if I have completed 180 days during this period and so on for the next years till march 2019 keeping in mind I had already made my entries to UK on 2 occasions and I was not in the UK in March 2014. Post this year there are hardly any absences.

The rule is absences must not exceed 180 days not that you've been living 180 days in UK in a year. That would be 185 days.

I really hope I can file before the rules change in April 2019.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Read page 8,9

Dependants absences dont count as absences only yours do!
Both leaves were granted before 11/01/18. - Yes both were granted before 11 Jan 2018.

The form requires you to list all the absences as Entry date and leaving date.

lets say you plan to apply on 01/03/19. The number of days must not exceed 180 days in any given year.
calculate the number of days between:
1. 01/03/19- 01/03/18 =
2. 01/03/18-01/03/17 =
3.01/03/17-01/03/16=
4. 01/03/16-01/03/15 =
5. 01/03/15/-01/03/14 =

Use timeanddate calculator for exact number of days between dates.

Dear Aman,

There are no issues in any year as per the list above. In each year I have not exceeded my absences over 180 days form the UK. Only from 01/03/2015-01/03/2014 - I was absent for 170 days from UK including all absences from 1 March - July and then again in Dec 2014. The real question is I was not in uk on 1 March 2014, even though I had made my first entry to Uk so I could I use the period from 1 March - 2014 onwards for this continuous period.

Thanks for all your help.

Regards,
Minnzzy

You don’t have to be present on March 1st 2014 to apply. That’s included in ur allowable absences.
I wasn’t in UK on the date that I applied either.
I just didn’t have more than 180 days of absences.

[Minnzzy]

Dear Senior Members / Zimba / Marcnath.

Please seek your urgent help and advise if I qualify for applying for ILR if I start counting backwards from 1 March 2019 or Later maybe April 2019, with the following dates of my entry and exit . Please advise when I can apply for ILR at the earliest.

Date of initial visa - granted from 13 Nov 2013 onwards till 10 March 2017
Date of first Entry to UK: 13 nov 2013
Date left Uk: 22 nov 2013
Date of 2nd Entry: 03 feb 2014

Date left Uk: 13 feb 2014
Date of 3rd Entry: 9 July 2014

Date left uk : 14 nov 2014
Date of 4th Entry: 21 Dec 2014

Do we count both exit and entry dates as well as absences ?

Initially according to me I was planning to count from ! march 2019 going backwards and file in Feb 2019.

1 march 2019- 1 march 2018 - 20 days absence
1 march 2018- 1 march 2017- nil
1 march 2017- 1 march 2016 - nil
1 march 2016 - 1 march 2015 - nil
1 march 2015 - 1 march 2014 - 170 days ( But please keep in mind I was not in UK on 1 march 2014 but had made entries twice in UK as per the dates above in November 2013 and Feb 2014.

Will really appreciate your expert guidance as soon as possible, its really crucial for me to apply before April 2018 as I am pre transitional .

Warm Regards,
Minnzzy.

[marcnath]

Dear Senior Members / Zimba / Marcnath.

Please seek your urgent help and advise if I qualify for applying for ILR if I start counting backwards from 1 March 2019 or Later maybe April 2019, with the following dates of my entry and exit . Please advise when I can apply for ILR at the earliest.

Date of initial visa - granted from 13 Nov 2013 onwards till 10 March 2017
Date of first Entry to UK: 13 nov 2013
Date left Uk: 22 nov 2013
Date of 2nd Entry: 03 feb 2014 Approx. 70 days absence

Date left Uk: 13 feb 2014
Date of 3rd Entry: 9 July 2014 Approx. 170 days absence

Date left uk : 14 nov 2014
Date of 4th Entry: 21 Dec 2014 Approx. 35 days absence

Do we count both exit and entry dates as well as absences ? ==> No.

Initially according to me I was planning to count from ! march 2019 going backwards and file in Feb 2019.

1 march 2019- 1 march 2018 - 20 days absence
1 march 2018- 1 march 2017- nil
1 march 2017- 1 march 2016 - nil
1 march 2016 - 1 march 2015 - nil
1 march 2015 - 1 march 2014 - 170 days ( But please keep in mind I was not in UK on 1 march 2014 but had made entries twice in UK as per the dates above in November 2013 and Feb 2014.

Will really appreciate your expert guidance as soon as possible, its really crucial for me to apply before April 2018 as I am pre transitional .

Warm Regards,
Minnzzy.

it does look like you qualify.

You should calculate the exact number of days and work out the earliest date there will be no more than 180 days absence. I expect it is sometime in the middle of March

[Minnzzy]

Dear Senior Members / Zimba / Marcnath.

Please seek your urgent help and advise if I qualify for applying for ILR if I start counting backwards from 1 March 2019 or Later maybe April 2019, with the following dates of my entry and exit . Please advise when I can apply for ILR at the earliest.

Date of initial visa - granted from 13 Nov 2013 onwards till 10 March 2017
Date of first Entry to UK: 13 nov 2013
Date left Uk: 22 nov 2013
Date of 2nd Entry: 03 feb 2014 Approx. 70 days absence

Date left Uk: 13 feb 2014
Date of 3rd Entry: 9 July 2014 Approx. 170 days absence

Date left uk : 14 nov 2014
Date of 4th Entry: 21 Dec 2014 Approx. 35 days absence

Do we count both exit and entry dates as well as absences ? ==> No.

Initially according to me I was planning to count from ! march 2019 going backwards and file in Feb 2019.

1 march 2019- 1 march 2018 - 20 days absence
1 march 2018- 1 march 2017- nil
1 march 2017- 1 march 2016 - nil
1 march 2016 - 1 march 2015 - nil
1 march 2015 - 1 march 2014 - 170 days ( But please keep in mind I was not in UK on 1 march 2014 but had made entries twice in UK as per the dates above in November 2013 and Feb 2014.

Will really appreciate your expert guidance as soon as possible, its really crucial for me to apply before April 2018 as I am pre transitional .

Warm Regards,
Minnzzy.

it does look like you qualify.

You should calculate the exact number of days and work out the earliest date there will be no more than 180 days absence. I expect it is sometime in the middle of March

Thank you for the prompt positive response. However I am really confused when you mentioned mid march ?
If I have understood correctly From 1 March 2014 - 1 March 2015 - I have 170 days absence and on this basis I was planning to proceed from 1 March 2019 for filing my ILR . Are the above mentioned continuous years from March - 2019 going backward 5 years till March 2014 fine ? I have calculated thoroughly and its 170 days absence in this period.

Please advise if this is possible or am I missing something ? I can't take the month of Feb 2014 into consideration as I exceed 180 days if choose from Feb 2014 - Feb 2015. Also you had mentioned last time that since my spouse came in Feb 2014 he will qualify by Feb 2019 . He has the same time frames like mine.

I really can't wait till July to apply it will be too late for me.

Appreciate your assistance.

Warm Regards,
Minnzzy

[aman90]

Going on the ILR continuous period calculation guidance. Page 8,9

PBS dependants
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 towards the 180 days allowable absences.
According to this your dependants absences don’t matter and they qualify for ILR when you do.

Calculating the specified continuous period

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

• the date of application
• the date of decision
• any date up to 28 days after the date of application.

If the applicants qualifying period includes leave granted before this date,ie 11 Jan 18,
any absences during that leave will be considered under the previous rules – in separate 12-month periods ending on the date of application.

For example:
The application date is 30 June 2020. The applicant’s continuous period includes the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this grant of leave will be considered in separate 12-month periods, ending on 30 June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during this grant of leave will be considered on a rolling basis: you must not include any absences from the previous grant of leave when you assess this.(this point doesn’t apply to you)

According to this if you apply 1st March 2019 or in fact earlier..
You should qualify!!


Although you have 181 days of absences from ur 2nd Entry to Uk..3rd FEB 2014
you cover it by applying on 1st March 2019..you should qualify from the fact that the period is counted backwards from the date of application.
I can’t recall why I was under the impression that any absences of more than 180 days resets the ILR clock.

[Minnzzy]

Dear Zimba/ Marcnath and other senior Members,

Hope what Aman had mentioned above, the same as my understanding is correct and please clear this dilemma for me.

Would really appreciate if you could also reconfirm this contrary to what my solicitor is urging for application should only be made 28 days before July 2019

Really appreciate your prompt response.

Warm Regards,
Minnzzy

[marcnath]

Dear Zimba/ Marcnath and other senior Members,

Hope what Aman had mentioned above, the same as my understanding is correct and please clear this dilemma for me.

Would really appreciate if you could also reconfirm this contrary to what my solicitor is urging for application should only be made 28 days before July 2019

Really appreciate your prompt response.

Warm Regards,
Minnzzy

As I mentioned in my reply, I haven't done the actual calculation of the days and I don't intend to either (sorry, but I don't have the time to do that). So, when I mentioned mid March, it was a very rough approximation basically, 145 days before 9 July. As long as you have done the actual dates, that is fine.

I have no idea why your solicitor uses the July date - you should ask them for the reason and then we could possibly comment.

[Minnzzy]

Dear Senior Members / Marcnath/ Aman,

Seek your kind assistance in confirming that my accountant is only able to give the RTI submission which only show the deductions and not the Salary. They say they are unable to take it out from Sage. Although we are submitting the payslips and other docs will the RTI submission only showing the names, NI and Tax deductions be sufficient.

Please advise soon.

I am looking to file my Tier 1 to ILR application the moment I have these docs from my accounts firm.

Warm Regards,
Minnzzy

[aman90]

Dear Senior Members / Marcnath/ Aman,

Seek your kind assistance in confirming that my accountant is only able to give the RTI submission which only show the deductions and not the Salary. They say they are unable to take it out from Sage. Although we are submitting the payslips and other docs will the RTI submission only showing the names, NI and Tax deductions be sufficient.

Please advise soon.

I am looking to file my Tier 1 to ILR application the moment I have these docs from my accounts firm.

Warm Regards,
Minnzzy

If that’s what’s available then I guess that’s what you’ll have to send.
There is no defined format advised by HO.
Every accountant uses a software that suits them.
As long as RTI has been submitted.
Maybe get ur accountant to write up a letter stating it and if HO has any concern can contact him/her and check with HMRC.

This is an old post but may give perspective and discuss with ur accountant..

uk-tier-1-entrepreneur-visas/rti-fps-t227205.html

[marcnath]

Dear Senior Members / Marcnath/ Aman,

Seek your kind assistance in confirming that my accountant is only able to give the RTI submission which only show the deductions and not the Salary. They say they are unable to take it out from Sage. Although we are submitting the payslips and other docs will the RTI submission only showing the names, NI and Tax deductions be sufficient.

Please advise soon.

I am looking to file my Tier 1 to ILR application the moment I have these docs from my accounts firm.

Warm Regards,
Minnzzy

The immigration rules specifically define that the FPS "must show every payment made to each settled worker as well as any deductions;"

So, the salary is a mandatory requirement.

What other applicants using Sage have delivered are the XML files of the RTI submission. Those files are not very easy to read but they contain all the information needed, so meet the requirements. You can go through those files and take the effort to highlight the relevant information to make it easy ofr the CW, but that is not needed.

[Minnzzy]

Somehow my accountant is unable to procure the XML files from sage and I am stuck with with RTI submissions showing the NI and Tax deductions only excluding the salary. I really do not know what to do ? I have asked them for a letter and printouts of Salary Summary reports with stamp to certify the authenticity but I know its not what the Home office requires. Its just delaying my application filing.

[marcnath]

Somehow my accountant is unable to procure the XML files from sage and I am stuck with with RTI submissions showing the NI and Tax deductions only excluding the salary. I really do not know what to do ? I have asked them for a letter and printouts of Salary Summary reports with stamp to certify the authenticity but I know its not what the Home office requires. Its just delaying my application filing.

The other option is to recreate the FPS on another software. I think people on this forum have used Moneysoft (if I recall correctly) to do that. You don't make the submissions to HMRC but input all the data and print out the RTIs

[Minnzzy]

Dear Marcnath,

I doubt my central London accounts firm would do this!! I have already wasted over 20 days trying to get the XML format. They are still trying through Sage to get the XML . Meanwhile I am thinking of filing the application asap along with their letter to say their software only permits ni and Tax to be shown and they have agreed to stamp and authenticate all the monthly payments summaries showing all deductions. I would not wish to delay this any further and loose time.

Lets hope Sage is able to before my BRP appointment and these letters and payment summaries are accepted. I even tried calling HMRC and Home office to check but did not get any definite answers.

Hoping for the best.

Warm Regards,
Minnzzy

[marcnath]

Dear Marcnath,

I doubt my central London accounts firm would do this!! I have already wasted over 20 days trying to get the XML format. They are still trying through Sage to get the XML . Meanwhile I am thinking of filing the application asap along with their letter to say their software only permits ni and Tax to be shown and they have agreed to stamp and authenticate all the monthly payments summaries showing all deductions. I would not wish to delay this any further and loose time.

Lets hope Sage is able to before my BRP appointment and these letters and payment summaries are accepted. I even tried calling HMRC and Home office to check but did not get any definite answers.

Hoping for the best.

Warm Regards,
Minnzzy

Just to note - the applicants have generally been creating the FPS themselves on the software.
But yes, you should go ahead and file the application with a note from the accountant that these are the only FPS reports they are able to provide. Also point out that the gross pay information is available in the payslip (that can be part of the accountant letter or your cover letter).

If you are able to get the XML reports at any time before the decision, send it in separately.

I believe you should be ok.

[bizman]

I don’t know why you are stressing yourself Minzy, sometime towards end of last year. Someone named Awan90 got his ILR using the normal sage FPS. He said he added P11, P32 to show the gross salary and breakdown of deductions. Give them the simple sage FPS and those ones and you should be fine.

If you search RTI FPS you will see it there.

[Minnzzy]

Dear Senior Member,

Finally managed to get the detailed RTI format from Sage and submitted the application in march 2019. I applied along with 2 dependants visa the new online system.

We got the Biometrics letter for all 3 ( one main and 2 dependants) however the application confirmation has only come for the main and one dependant twice. Despite sending the letter to HO to confirm for the second dependant no response. I even called to check but they said as long as you have done the biometrics - all 3 are in the system but the HO each time only sending the confirmation for one main and one dependant only leaving one dependant out.

Hope this is nothing to worry about as it is going to be 2 months soon. Please advise what I should do ?

I read on the forum, some people are being called for interviews. Hope they can share their experience and list of questions for others.

Warm Regards,
Minnzzy

[CULLINAN]

Dear Senior Member,

Finally managed to get the detailed RTI format from Sage and submitted the application in march 2019. I applied along with 2 dependants visa the new online system.

We got the Biometrics letter for all 3 ( one main and 2 dependants) however the application confirmation has only come for the main and one dependant twice. Despite sending the letter to HO to confirm for the second dependant no response. I even called to check but they said as long as you have done the biometrics - all 3 are in the system but the HO each time only sending the confirmation for one main and one dependant only leaving one dependant out.

Hope this is nothing to worry about as it is going to be 2 months soon. Please advise what I should do ?

I read on the forum, some people are being called for interviews. Hope they can share their experience and list of questions for others.

Warm Regards,
Minnzzy

As long as you have submitted your application and submitted the biometrics, you have the unique application reference number. Many members including myself have experienced the same as you. Sometimes you get the Case ID email and sometimes not. Sometimes you only get for the main applicant and not the dependents and vice versa.
Its just a system error I suppose dont worry.

[bizman]

Dear Senior Member,

Finally managed to get the detailed RTI format from Sage and submitted the application in march 2019. I applied along with 2 dependants visa the new online system.

We got the Biometrics letter for all 3 ( one main and 2 dependants) however the application confirmation has only come for the main and one dependant twice. Despite sending the letter to HO to confirm for the second dependant no response. I even called to check but they said as long as you have done the biometrics - all 3 are in the system but the HO each time only sending the confirmation for one main and one dependant only leaving one dependant out.

Hope this is nothing to worry about as it is going to be 2 months soon. Please advise what I should do ?

I read on the forum, some people are being called for interviews. Hope they can share their experience and list of questions for others.

Warm Regards,
Minnzzy

It is system error and there should be nothing to worry about. It seems you sent application by post?

[Minnzzy]

Dear Senior Member,

Finally managed to get the detailed RTI format from Sage and submitted the application in march 2019. I applied along with 2 dependants visa the new online system.

We got the Biometrics letter for all 3 ( one main and 2 dependants) however the application confirmation has only come for the main and one dependant twice. Despite sending the letter to HO to confirm for the second dependant no response. I even called to check but they said as long as you have done the biometrics - all 3 are in the system but the HO each time only sending the confirmation for one main and one dependant only leaving one dependant out.

Hope this is nothing to worry about as it is going to be 2 months soon. Please advise what I should do ?

I read on the forum, some people are being called for interviews. Hope they can share their experience and list of questions for others.

Warm Regards,
Minnzzy

It is system error and there should be nothing to worry about. It seems you sent application by post?

No it was on the new system at the UKVCAS not a postal application.

[CULLINAN]

My experience posted above relates to the new UKVCAS system also.

[bizman]

I think they have not mastered the online system very well

[Minnzzy]

Dear Mentors,

Please advise is there a link to check the online status for our pending ILR application .
Had filed my ILR online via the new UKVCAS system on 26th Feb 2019 about to complete 6 months and no result still. Just getting monthly emails.

Thanks & Regards,