Tier1 entrepreneur to ILR pre April 2014 rule

[Kiterider]

You have to apply before 6 April 2019 if you want to take advantage of the transitional arrangements

Hi
can you Please send me the link about this statement. I was looking for the new policy guidance and I can not find anything like this.

[zimba]

uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1752325

[teddybear79]

Hi there,

Do check new policy guidance page 27 under Business Activity part - c....thats new stuff added. And its a myth that apply to pre april 2014 or not.

its only applies to extension applications not ILR I think

[teddybear79]

Hi there,

Do check new policy guidance page 27 under Business Activity part - c....thats new stuff added. And its a myth that apply to pre april 2014 or not.

pg 27 applies to extension only not ILR I think , please advice

[Mak9878]

Hi there,

Do check new policy guidance page 27 under Business Activity part - c....thats new stuff added. And its a myth that apply to pre april 2014 or not.

pg 27 applies to extension only not ILR I think , please advice

In my view it applies to both extension and settlement. It does not specifically point out to extension neither settlement. If we are meeting Section-A and Section-B under Business Activity documents so obviously we have to meet Section-C under Business Activity.

My main concern is that does it apply to pre april 2014 which is finishing on 6th April 2019 or not?

And it is also a myth, that pre april (transitional arrangement) exist anymore as new guidance is not speaking about it anything. They have remove paragraph and explanation to transitional arrangement.

Lets see what admin say about this.

[teddybear79]

if you go to page 33 top of table it says not to provide evidence of ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

[Mak9878]

if you go to page 33 top of table it says not to provide evidence of ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Are you talking about following point number 2 in Table-F which is for Business activity on page 32-33 of new guidance:

"You have been:
(a) registered with HM Revenue & Customs as self-employed, or
(b) registered with Companies House as a director of a UK company or
member of a UK limited liability partnership.
The requirements above must have been met:
(i) within 6 months of entering the UK (if granted entry clearance and there is
evidence to establish your date of entry) or, in any case within six months from
the date your last leave was granted, and
(ii) within the three months before the date of application.

You do not need to provide evidence of (i) if you were awarded points for this in
your last successful Tier 1 (Entrepreneur) application. You must still provide
evidence of (ii)."

[teddybear79]

yes

[Mak9878]

yes

No. It is not related to that. It is talking about registered as director within three months.

[Mak9878]

yes

No. It is not related to that. It is talking about registered as director within three months.

No. It is not related to that Section-C in Business Activity on page 27.

If you read it carefully these both point are part of Section-b on same table-F mentioned above.

It is talking about registered as director within three months before date of application i.e. Current Appointment Report.

If you go back and read page 27. They ask about a business bank statement or bank letter in Section-B, which is also not listed in Table-F, so why everyone submit that document. And many people have been refused for not submitting just a single business bank statement.

We have to follow Guidance, Table-F and online checklist after submission of application.

I may be wrong...but wait for gurus to respond.

[aman90]

For applications made on or after 29/03/19:

https://assets.publishing.service.gov.u ... -_0319.pdf


HO staff guidance published on 29/03/19:

https://assets.publishing.service.gov.u ... v24ext.pdf

We only need evidence that is directly relevant to the application, as set out in this guidance. We will not consider irrelevant evidence when deciding whether your application meets the requirements of the Immigration Rules for the route under which you applied.

If your situation is unusual or particularly complex, you may wish to consider including a covering letter with your application to:
for extension applications, give a brief history of the business or businesses you have created or joined, the investments you have made, and the jobs you have created since your initial application was granted.

This is under Extension:
(c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

(c) Confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.
(This was not in the guidance earlier but does the online form cater to Job description)

Settlement:
If you are applying for settlement you will need to provide all the necessary documentation to evidence you have met the requirements of the table above. In all cases you should supply the required evidence of investment and job creation set out in the Extension Application section above.

I can see why there seems to be a confusion in the guidance with regards to the overview of business and applicants role whether its only for extension or ILR as well. If i was applying I would be wondering too.

But going on the statement of changes it seems, both are required to complete, the employee job description coupled with business profile and the applicants own role within the business.
And transitional arrangement is active for applicants applying for settlement before 6th April 2019.

[aman90]

https://www.gov.uk/guidance/immigration ... sed-system

[Mak9878]

For applications made on or after 29/03/19:

https://assets.publishing.service.gov.u ... -_0319.pdf


HO staff guidance published on 29/03/19:

https://assets.publishing.service.gov.u ... v24ext.pdf

We only need evidence that is directly relevant to the application, as set out in this guidance. We will not consider irrelevant evidence when deciding whether your application meets the requirements of the Immigration Rules for the route under which you applied.

If your situation is unusual or particularly complex, you may wish to consider including a covering letter with your application to:
for extension applications, give a brief history of the business or businesses you have created or joined, the investments you have made, and the jobs you have created since your initial application was granted.

This is under Extension:
(c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis.

(c) Confirmation of the employment start date, job title, job description, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes.
(This was not in the guidance earlier but does the online form cater to Job description)

Settlement:
If you are applying for settlement you will need to provide all the necessary documentation to evidence you have met the requirements of the table above. In all cases you should supply the required evidence of investment and job creation set out in the Extension Application section above.

I can see why there seems to be a confusion in the guidance with regards to the overview of business and applicants role whether its only for extension or ILR as well. If i was applying I would be wondering too.

But going on the statement of changes it seems, both are required to complete, the employee job description coupled with business profile and the applicants own role within the business.
And transitional arrangement is active for applicants applying for settlement before 6th April 2019.

Thanks Aman, really appreciate the way you reseached and find out.

Great stuff.

[111muhammadabd]

Hi

In application form there is a section where its asking for any additional information regarding Job creation/if you case is complex and all. should i mention there that i fall in pre April 2014 rule??

[111muhammadabd]

Hi Question regarding Job Creation

I have got one of the full time Jobs running since the extension (its 130hrs per week)

Job Start date 1 Nov 2015 and my extension visa was granted on 08/05/2017. it is the same employee since start until 30/11/2017. Now for this application (ILR), I want to claim points off this employee on this job is from 01/05/2017 till 30/11/2017.

The application form is asking when was a job created and start date of the employee, so am a bit confused now.

I think my start date of this job and employee will be 01/11/2015 and end date will be 30/11/2017 but in the explanation box I need to give from when i want to claim points. I.e. If i say the following in explanation box is that ok?

"Although Job was created on 01/11/2015, for this application (ILR), I want to claim points from 01/05/2017 till 30/11/2017, i.e. for 7 months for employee 1 and he/she was replaced by xyz from 1/12/2017 till 28/02/18 and then he/she was replaced by xyz from 01/02/18 till 30/04/2018 which makes up for 12 months from my most recent grant of leave".

Please advice on this. Thanks

[rajbhanu300]

Hi muhammadabd,

I am also under similar dilemma regarding job creation.Are you using the addition information box to explain your job creation or you are writing separate cover letter to explain that?

[aman90]

Hi Question regarding Job Creation

I have got one of the full time Jobs running since the extension (its 130hrs per week)

Job Start date 1 Nov 2015 and my extension visa was granted on 08/05/2017. it is the same employee since start until 30/11/2017. Now for this application (ILR), I want to claim points off this employee on this job is from 01/05/2017 till 30/11/2017.

The application form is asking when was a job created and start date of the employee, so am a bit confused now.

I think my start date of this job and employee will be 01/11/2015 and end date will be 30/11/2017 but in the explanation box I need to give from when i want to claim points. I.e. If i say the following in explanation box is that ok? THIS!

"Although Job was created on 01/11/2015, for this application (ILR), I want to claim points from 01/05/2017 till 30/11/2017, i.e. for 7 months for employee 1 and he/she was replaced by xyz from 1/12/2017 till 28/02/18 and then he/she was replaced by xyz from 01/02/18 till 30/04/2018 which makes up for 12 months from my most recent grant of leave".

Please advice on this. Thanks

There is nothing complex abt this and doesn't require an explanation. RTIFPS and payslips shall evidence the time period ur claiming for. The job creation, employee start date will be the same.

[aman90]

for the second employee that took over
The job creation date will be the same as the above,
the start date will be whenever he started and the end date will be whenever he left.
Tbh under TA this not something you need to be concerned abt.

[111muhammadabd]

Thanks aman90

So just to be sure my job start date will be 01/11/15 right?

One more quick advice on job creation please,

I do not want to break two jobs into 6 like you suggested because i then need to supply 6 job titles and descriptions which i do not have..So i am going with the same job titles and descriptions as before but different employees

[aman90]

Thanks aman90

So just to be sure my job start date will be 01/11/15 right?

One more quick advice on job creation please,

I do not want to break two jobs into 6 like you suggested because i then need to supply 6 job titles and descriptions which i do not have..So i am going with the same job titles and descriptions as before but different employees

Thats fine as long as their employment dates don't overlap each other..
But they do below.
Employee2: 01-12-17 till 28 -02-18
Employee3: 01-02-18 till 30-04-18

So you had two employees working against one job at the same time. I think one month will be disregarded then as only 30 hrs are clocked.

Point is: The job titles can stay the same for all the jobs as long as their dates don't overlap.
That was the point of TA.. Creation of ONE job at least but evidence must span 24 months.

[111muhammadabd]

One more question, i was going through the new policy again and iy reminded me of this

Do i need to send address proofs?

My employees are from following countries
Uk
Netherlands
Spain
Norway
Belgium

Thanks

[111muhammadabd]

Thanks aman90

So just to be sure my job start date will be 01/11/15 right?

One more quick advice on job creation please,

I do not want to break two jobs into 6 like you suggested because i then need to supply 6 job titles and descriptions which i do not have..So i am going with the same job titles and descriptions as before but different employees

Thats fine as long as their employment dates don't overlap each other..
But they do below.
Employee2: 01-12-17 till 28 -02-18
Employee3: 01-02-18 till 30-04-18

So you had two employees working against one job at the same time. I think one month will be disregarded then as only 30 hrs are clocked.

Point is: The job titles can stay the same for all the jobs as long as their dates don't overlap.
That was the point of TA.. Creation of ONE job at least but evidence must span 24 months.

Thanks yes thats how i understood. Yes there is an overlap but i am still ok for 12 months of one job and or 24months overall. But its not consecutive 12 months. Hopefully am ok for that as well because according to guidelines they need not be consecutive 12months.

[aman90]

Employment

Job 1
Employee1: 01-05-2017 till 30-11-17
Employee2: 01-12-17 till 28 -02-18
Employee3: 01-02-18 till 30-04-18

Job 2
Employee1: 01-08-2017 till 30-01-18
Employee2: 01-03-18 till 31-05-18
Employee3: 01-11-18 till 31-01-19

All are full time at 30hrs per week

I got my extension on 08-05-17

Job 1
Employee1: 08-05-2017 till 30-11-17 = 29 wks 4
Employee2: 01-12-17 till 28 -02-18 = 12 wks 3
Employee3: 01-03-18 till 30-04-18 = 8 wks 5
50 wks 5 days

Job 2
Employee1: 01-08-2017 till 30-01-18 = 26 wk 1
Employee2: 01-03-18 till 31-05-18 = 13 wks 1
Employee3: 01-11-18 till 31-01-19 = 13 wks 1

52wks 3 days

103 + 1 day

This is how it looks to me..

[111muhammadabd]

Ok thanks.

Employee 3 in job 2 is still working so hopefully it should be ok??

[aman90]

Ok thanks.

Employee 3 in job 2 is still working so hopefully it should be ok??

That’s great!! Add Feb 19 RTI FPS + payslip.
Keep in mind if any of ur employees are continuing do not write an end date within those jobs.