Tier 1 Ent £50k ILR

[CULLINAN]

Original poster that is you as this is your thread. So anyone referring to you will say “OP”.



Is your company registered at home?

Hi tier11417,
Many congratulations on your ILR. I am really happy for you. Thanks for all your help on the forum. God bless you and all the best for the future

Thank you

I hope you get yours soon too inshaAllah. Any update?

Thanks tier11417.

I tried calling UKVI at 0300 123 2241 and they mentioned that in order to re-escalate, I need to wait for 4 weeks to complete since the complex letter was issued. So, I am now only allowed to re-escalate on 14th of May if I done hear back until then.

Below is by timeline:
Applied for ILR Route : 12/10/2018 ( Online ) - Tier 1 Entrepreneur 5 years route - 50k
Date application sent : 12/10/2018
Document received by HO : 15/10/2018
Ack letter received (if applicable) : 15Oct/ 15NOV /12Dec/12Jan / 12Feb/12Mar/12 April
Complex Letter received : 18th April (issued on 17th April)

Do you know if there is/are other phone numbers we can call to other than UKVI: 0300 123 2241 ?

Many Thanks

The best is to write a letter to CW quoting your Case ID and sending it to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Explain your situation and request to expedite the case. Send via special delievery.

I would advise you to do that.

[lifeinthukilr]

Hi tier11417,
Many congratulations on your ILR. I am really happy for you. Thanks for all your help on the forum. God bless you and all the best for the future

Thank you

I hope you get yours soon too inshaAllah. Any update?

Thanks tier11417.

I tried calling UKVI at 0300 123 2241 and they mentioned that in order to re-escalate, I need to wait for 4 weeks to complete since the complex letter was issued. So, I am now only allowed to re-escalate on 14th of May if I done hear back until then.

Below is by timeline:
Applied for ILR Route : 12/10/2018 ( Online ) - Tier 1 Entrepreneur 5 years route - 50k
Date application sent : 12/10/2018
Document received by HO : 15/10/2018
Ack letter received (if applicable) : 15Oct/ 15NOV /12Dec/12Jan / 12Feb/12Mar/12 April
Complex Letter received : 18th April (issued on 17th April)

Do you know if there is/are other phone numbers we can call to other than UKVI: 0300 123 2241 ?

Many Thanks

The best is to write a letter to CW quoting your Case ID and sending it to:

Tier 1 ILR
PO Box 3468
Sheffield
S3 8WA

Explain your situation and request to expedite the case. Send via special delievery.

I would advise you to do that.

Thanks.

[langlin092688]

Thank you for your information. I will also call them this week. Please let me know if you receive any feedback. Thank you.

I have a same circumstance like you. I submitted my application on 18 Oct 2018 and received the complex letter on the last day of 6 months standard service. I am anxious everyday because I don't know how long I should still wait. Do you have any idea about what things we can do at current stage?

Hi,

Has anyone waiting for ILR decision after having submitted the SET(0) for T1E-50K route received the letter from Home Office saying "exceptionally complex issues"?

I have received this letter from HO when they have already completed their service standard of 6 months.
I applied for ILR via SET(0) T1E - 50K route on 12th of October 2018. And I did not get decision from HO after complete 6 months. I then called UKVI on 15th of April 2019 to look into my application because 6 months service standard has already been completed and no decision has been made yet.

And on 17th of April 2019, Home Office has issued me a letter mentioning that my application raises "exceptionally complex issues" which requires more time to consider before making a decision.

Is there anyone in the same/similar situation?

I just want to understand if this is the standard template from HO?

Hi langlin092688,

I called UKVI today to followup after having received the Complex letter on 18th of April (dated 17th April).
They said that HO needs 4 weeks to respond back after having issued the Complex letter, therefore, I am can only re-escalate on 14th of May.
So, I will call them back on 14th of May again to re-escalate.

Thanks

[marcnath]

Thanks bizman, moongesture, tier11417, mohensari for all your comments. I really appreciate it.

On a slightly different note, does anyone know the source where marcnath mentioned about switching from T1E to T2

"Obviously T2 conditions do not allow you to continue to work for that company"

Here is the post where marcnath mentioned the above line. I am asking this here because I want to know if any applicant on T1E serving a few clients could switch on T2 on one of its own client, if required?

uk-tier-1-entrepreneur-visas/switch-fro ... 26374.html

Once you switch to T2, you cannot continue to work for the company you set up under your T1E unless it meets a number of conditions - same level/kind of job, number of hours, etc.

[lifeinthukilr]

Thanks marcnath.

I have a question. Can I still vary my application to switch onto the Tier2 visa if I get the interview call (just in case) without having to attend the interview ?

Please let me know .

Many Thanks

[marcnath]

Thanks marcnath.

I have a question. Can I still vary my application to switch onto the Tier2 visa if I get the interview call (just in case) without having to attend the interview ?

Please let me know .

Many Thanks

You can vary at any time.

But if you get an interview call, you can explain that you have varied. But it is up to HO to decide whether you need to attend or not.

[lifeinthukilr]

Thanks marcnath for your prompt reply, I really appreciate it.

Also, please correct me if I am wrong. As per the rules, as long as the Tier1 Entrepreneur ILR application SET(O) is under progress with Home Office, we are still allowed to trade. Am I right?

Since my visa application is still in process (applied on 12th Oct 2018, last BRP expired on 3rd Jan 2019) with Home Office and its been over 7.5 months. My client has asked me to stop trading with them for now and asked me to re-start trading with them when the ILR is approved by the Home Office.

Is it a right thing that my Client has asked me to stop trading with them until I get my ILR? I couldn't find anywhere in the Policy Guidance any such thing.

Could you please share your thoughts on this?


Many Thanks

[bizman]

What they did is not right under the law, they are just over protective of themselves. You can actually mention this to HO so they can speed up your decision, you are not the first person that will experience this but it’s not right. A lot of people even immigration lawyers are ignorant of the workings of the law. You have not broken any law and you are still a legal resident of UK, if you mention this to HO. it will confirm you are in business genuinely and that their inaction has affected you negatively. It might help to expedite your decision.

[lifeinthukilr]

Thanks bizman for your prompt reply.

I already called HO on 15th of May 2019 and mentioned this to HO in order to expedite my decision and still waiting to get the final decision.

What else should I do in such a situation where my client is playing safe in not letting me continue trading and HO is taking really long time even after completing the service standard of 6 months?

Please advise.


Many Thanks

[bizman]

If you have any documented evidence of this from your client, send it with a covering letter quoting your Case ID to HO, it will really help.

[marcnath]

Thanks marcnath for your prompt reply, I really appreciate it.

Also, please correct me if I am wrong. As per the rules, as long as the Tier1 Entrepreneur ILR application SET(O) is under progress with Home Office, we are still allowed to trade. Am I right?

Since my visa application is still in process (applied on 12th Oct 2018, last BRP expired on 3rd Jan 2019) with Home Office and its been over 7.5 months. My client has asked me to stop trading with them for now and asked me to re-start trading with them when the ILR is approved by the Home Office.

Is it a right thing that my Client has asked me to stop trading with them until I get my ILR? I couldn't find anywhere in the Policy Guidance any such thing.

Could you please share your thoughts on this?


Many Thanks

I don't understand this. What kind of trade are you in ?

Your client would be trading with your business and not you. And your business is not impacted by your immigration status.

[lifeinthukilr]

Thanks marcnath for your prompt reply, I really appreciate it.

Also, please correct me if I am wrong. As per the rules, as long as the Tier1 Entrepreneur ILR application SET(O) is under progress with Home Office, we are still allowed to trade. Am I right?

Since my visa application is still in process (applied on 12th Oct 2018, last BRP expired on 3rd Jan 2019) with Home Office and its been over 7.5 months. My client has asked me to stop trading with them for now and asked me to re-start trading with them when the ILR is approved by the Home Office.

Is it a right thing that my Client has asked me to stop trading with them until I get my ILR? I couldn't find anywhere in the Policy Guidance any such thing.

Could you please share your thoughts on this?


Many Thanks

I don't understand this. What kind of trade are you in ?

Your client would be trading with your business and not you. And your business is not impacted by your immigration status.

Thanks marcnath for your response - My company provides IT Services (Companies House: 62020 - Information technology consultancy activities)

[lifeinthukilr]

If you have any documented evidence of this from your client, send it with a covering letter quoting your Case ID to HO, it will really help.

Thanks bizman.

My Client is hesitant in providing anything in writing about it, however, they are forcing me to switch to Tier2 if I want to work for them.

Switching to Tier2 at this point will be pointless as I am too close to ILR.
I am bit in a dilemmatic situation here whether to switch to Tier2 as its a bit tricky when the ILR decision comes out.

[lifeinthukilr]

Hi marcnath and bizman. Many thanks for your inputs.

May I please ask a simple question here:

I arrive in the UK on 28th Sep 2010 on Tier 4 student visa which expired on 31st Jan 2012.
Before it was close to its expiry, I then switched on to PSW on 19th Jan 2012 which was valid until 19 Jan 2014.
Next, before the expiry of my PSW, I switched on to Tier 1 Entrepreneur on 5th Nov 2013 which I got extended on 3rd of Jan 2017. Next, I applied for ILR (on 12th Oct 2018) based on Tier 1 entrepreneur 5 year completion which I am still waiting on.

My question here is, currently, I am waiting for my ILR decision to come out from Home Office, and if at this point I switch to Tier2 then when can I apply for ILR next?

Please advise.

Many Thanks

[CULLINAN]

If you have any documented evidence of this from your client, send it with a covering letter quoting your Case ID to HO, it will really help.

Thanks bizman.

My Client is hesitant in providing anything in writing about it, however, they are forcing me to switch to Tier2 if I want to work for them.

Switching to Tier2 at this point will be pointless as I am too close to ILR.
I am bit in a dilemmatic situation here whether to switch to Tier2 as its a bit tricky when the ILR decision comes out.

Do you only have 1 client? Are you sure you are not contracting?

[lifeinthukilr]

If you have any documented evidence of this from your client, send it with a covering letter quoting your Case ID to HO, it will really help.

Thanks bizman.

My Client is hesitant in providing anything in writing about it, however, they are forcing me to switch to Tier2 if I want to work for them.

Switching to Tier2 at this point will be pointless as I am too close to ILR.
I am bit in a dilemmatic situation here whether to switch to Tier2 as its a bit tricky when the ILR decision comes out.

Do you only have 1 client? Are you sure you are not contracting?

I have more than 1 client.

I am not contracting, I have Business to Business contracts with my clients.

[CULLINAN]

If you have any documented evidence of this from your client, send it with a covering letter quoting your Case ID to HO, it will really help.

Thanks bizman.

My Client is hesitant in providing anything in writing about it, however, they are forcing me to switch to Tier2 if I want to work for them.

Switching to Tier2 at this point will be pointless as I am too close to ILR.
I am bit in a dilemmatic situation here whether to switch to Tier2 as its a bit tricky when the ILR decision comes out.

Do you only have 1 client? Are you sure you are not contracting?

I have more than 1 client.

I am not contracting, I have Business to Business contracts with my clients.

As Marcnath said, if you have business to business contracts your employer should not be worried about your immigration status.

Also, switching to Tier 2 with this particular client, are you willing to give up on your other clients? Seems like you are more interested in this one client?

[lifeinthukilr]

Thanks bizman.

My Client is hesitant in providing anything in writing about it, however, they are forcing me to switch to Tier2 if I want to work for them.

Switching to Tier2 at this point will be pointless as I am too close to ILR.
I am bit in a dilemmatic situation here whether to switch to Tier2 as its a bit tricky when the ILR decision comes out.

Do you only have 1 client? Are you sure you are not contracting?

I have more than 1 client.

I am not contracting, I have Business to Business contracts with my clients.

As Marcnath said, if you have business to business contracts your employer should not be worried about your immigration status.

Also, switching to Tier 2 with this particular client, are you willing to give up on your other clients? Seems like you are more interested in this one client?

Only one of my client has the sponsorship licence to sponsor me with Tier2.
I am thinking about my other options if the ILR waiting really takes a lot longer then I have to find some other route as my current BRP has already expired on 3rd of Jan 2019 given the fact the Tier1 E ILR SET(O) application is still with HO.

[bizman]

Your case seem straightforward and having waited for this long, I honestly see no reason why you should be switching to Tier 2 except there is something bordering you that you have not mentioned. I will advise you escalate again if it has not come before June and see what happens.

[lifeinthukilr]

Your case seem straightforward and having waited for this long, I honestly see no reason why you should be switching to Tier 2 except there is something bordering you that you have not mentioned. I will advise you escalate again if it has not come before June and see what happens.

Thanks bizman for your reply.

My only worry is that if I am held up by HO for another 2-3 months then I am unable to travel to home, and switching to Tier2 now will let me travel sooner in that case.

My question is: If I happen to switch to Tier2 then when can I apply for ILR next time? Given the fact that I have already spent 5.5 years on Tier1 and will spend some time on the Tier 2 as well. In that case, how many more months I have to spend on Tier2 before I could apply for ILR in that route by mixing Tier1 time + Tier2 time?

Please share your thoughts.

Many Thanks

[marcnath]

Hi marcnath and bizman. Many thanks for your inputs.

May I please ask a simple question here:

I arrive in the UK on 28th Sep 2010 on Tier 4 student visa which expired on 31st Jan 2012.
Before it was close to its expiry, I then switched on to PSW on 19th Jan 2012 which was valid until 19 Jan 2014.
Next, before the expiry of my PSW, I switched on to Tier 1 Entrepreneur on 5th Nov 2013 which I got extended on 3rd of Jan 2017. Next, I applied for ILR (on 12th Oct 2018) based on Tier 1 entrepreneur 5 year completion which I am still waiting on.

My question here is, currently, I am waiting for my ILR decision to come out from Home Office, and if at this point I switch to Tier2 then when can I apply for ILR next?

Please advise.

Many Thanks

If you switch to Tier 2, you can apply for ILR immediately. Your years is T1 Ent count towards the ILR.

But based on the responses you have given and the ability to switch the contract you have to an employee relationship, I suspect you are on the borderline of being a contractor. It does not matter that you have a business to business contract - it looks like the client requires you specifically to working on the job and that is one of the criteria which HO uses to evaluate.

If that is the case, switch to Tier 2 will not help as you would be deemed to have broken the conditions of T1 E anyway.

[lifeinthukilr]

Hi marcnath and bizman. Many thanks for your inputs.

May I please ask a simple question here:

I arrive in the UK on 28th Sep 2010 on Tier 4 student visa which expired on 31st Jan 2012.
Before it was close to its expiry, I then switched on to PSW on 19th Jan 2012 which was valid until 19 Jan 2014.
Next, before the expiry of my PSW, I switched on to Tier 1 Entrepreneur on 5th Nov 2013 which I got extended on 3rd of Jan 2017. Next, I applied for ILR (on 12th Oct 2018) based on Tier 1 entrepreneur 5 year completion which I am still waiting on.

My question here is, currently, I am waiting for my ILR decision to come out from Home Office, and if at this point I switch to Tier2 then when can I apply for ILR next?

Please advise.

Many Thanks

If you switch to Tier 2, you can apply for ILR immediately. Your years is T1 Ent count towards the ILR.

But based on the responses you have given and the ability to switch the contract you have to an employee relationship, I suspect you are on the borderline of being a contractor. It does not matter that you have a business to business contract - it looks like the client requires you specifically to working on the job and that is one of the criteria which HO uses to evaluate.

If that is the case, switch to Tier 2 will not help as you would be deemed to have broken the conditions of T1 E anyway.

Thanks marcnath for your response.

Currently one of my client has asked me to stop providing the services to them just because my client is being over-protective and wants me to resume with the services only after I get the ILR (as I already mentioned) and that too with new B2B contract. Therefore, there is no association between my registered company and my ex-client at the moment. Amongst all the other clients this is the ONLY client which has the sponsorship licence.

And regarding the point you raised:
"it looks like the client requires you specifically to working on the job"

--> My client doesn't care at all as to who does this piece of work for them. All they want is that someone has to be on their sponsored Tier2 visa / or a citizen of EU or UK, just so that my ex-client is safe.

If at this point my ex-client offers me with the Tier2 visa for an advertised position which has been published 28 days ago, then does it still breaks the conditions of T1 E ?

[CULLINAN]

Did you have the same client at your extension time?

[lifeinthukilr]

Did you have the same client at your extension time?

Yes, this client was one of the client at the time of my extension.

[marcnath]

Hi marcnath and bizman. Many thanks for your inputs.

May I please ask a simple question here:

I arrive in the UK on 28th Sep 2010 on Tier 4 student visa which expired on 31st Jan 2012.
Before it was close to its expiry, I then switched on to PSW on 19th Jan 2012 which was valid until 19 Jan 2014.
Next, before the expiry of my PSW, I switched on to Tier 1 Entrepreneur on 5th Nov 2013 which I got extended on 3rd of Jan 2017. Next, I applied for ILR (on 12th Oct 2018) based on Tier 1 entrepreneur 5 year completion which I am still waiting on.

My question here is, currently, I am waiting for my ILR decision to come out from Home Office, and if at this point I switch to Tier2 then when can I apply for ILR next?

Please advise.

Many Thanks

If you switch to Tier 2, you can apply for ILR immediately. Your years is T1 Ent count towards the ILR.

But based on the responses you have given and the ability to switch the contract you have to an employee relationship, I suspect you are on the borderline of being a contractor. It does not matter that you have a business to business contract - it looks like the client requires you specifically to working on the job and that is one of the criteria which HO uses to evaluate.

If that is the case, switch to Tier 2 will not help as you would be deemed to have broken the conditions of T1 E anyway.

Thanks marcnath for your response.

Currently one of my client has asked me to stop providing the services to them just because my client is being over-protective and wants me to resume with the services only after I get the ILR (as I already mentioned) and that too with new B2B contract. Therefore, there is no association between my registered company and my ex-client at the moment. Amongst all the other clients this is the ONLY client which has the sponsorship licence.

And regarding the point you raised:
"it looks like the client requires you specifically to working on the job"

--> My client doesn't care at all as to who does this piece of work for them. All they want is that someone has to be on their sponsored Tier2 visa / or a citizen of EU or UK, just so that my ex-client is safe.

If at this point my ex-client offers me with the Tier2 visa for an advertised position which has been published 28 days ago, then does it still breaks the conditions of T1 E ?

It is impossible for me to comment on whether you can be considered as working as a contractor without knowing all the details. There are a set of guidance questions in the T1E guidelines that may help you assess it yourself (it is in one of Appendix). If you are confident it will not be seen as a contractor then you are not breaching any conditions and it does not matter which route you take.