ILR vi LR

[Pariss]

My Tier 4 visa was approved on 10 July 2009 and I came into the UK on 16 Sept 2009 after which I switched to PSW visa which was approved on 11 Feb 2011. Then I switched to Tier 1 Ent visa which I applied for on 30 Jan 2013 but visa got approved on 30 June 2014. I applied for the renewal my Ent visa on 13 Jun 2017 and it was approved on 8 September 2017 and expires 8 September 2019.

Please I have the following questions:

1) Would it be better if I apply for ILR through Tier 1 Ent 5yrs route or through 10yrs long stay route? Which of them will the requirements be easier for me to meet? and can I apply for 24 Hrs/Premium Service for ILR application under both routes?

2) For 10 years route am I eligible to apply 28 days before 10 July 2019 or 28 days before 16 Sept 2019, i.e does my 10 years start counting from when my initial Tier 4 visa was approved or from when I first entered into the UK?

3) Please what are the requirements for 10 years route?

4) By my calculation I will be eligible to apply for ILR under the Ent route 28 days before 30 June 2019, please is this correct?


Many thanks for your effort and time.
Paris

PS: Someone advised one can switch from 10 years long stay route to naturalisation without having to spend 1 year on ILR, I have done extensive researched on this and found no answer. Please is this true?

[CR001]

Someone advised one can switch from 10 years long stay route to naturalisation without having to spend 1 year on ILR, I have done extensive researched on this and found no answer. Please is this true?

Someone is wrong.

ILR long residence starts from the date you entered the UK.

So you have dependents in the UK on tier 1 dependent visas!?

[Pariss]

Thanks you so very much for your prompt response, no I have no dependent.

[CR001]

Someone advised one can switch from 10 years long stay route to naturalisation without having to spend 1 year on ILR, I have done extensive researched on this and found no answer. Please is this true?

Someone is wrong. 12 months on ILR is mandatory unless you are married to a British citizen.

ILR long residence starts from the date you entered the UK.

So you have dependents in the UK on tier 1 dependent visas!?

[Pariss]

Someone advised one can switch from 10 years long stay route to naturalisation without having to spend 1 year on ILR, I have done extensive researched on this and found no answer. Please is this true?

Someone is wrong. 12 months on ILR is mandatory unless you are married to a British citizen.

ILR long residence starts from the date you entered the UK.

So you have dependents in the UK on tier 1 dependent visas!?

Thanks ever so much for your response, no I do not have any dependents on tier 1 dependent visas.

[aman90]

My Tier 4 visa was approved on 10 July 2009 and I came into the UK on 16 Sept 2009 after which I switched to PSW visa which was approved on 11 Feb 2011. Then I switched to Tier 1 Ent visa which I applied for on 30 Jan 2013 but visa got approved on 30 June 2014. I applied for the renewal my Ent visa on 13 Jun 2017 and it was approved on 8 September 2017 and expires 8 September 2019.

It took a year and half to get T1?

Please I have the following questions:

1) Would it be better if I apply for ILR through Tier 1 Ent 5yrs route or through 10yrs long stay route? Which of them will the requirements be easier for me to meet? and can I apply for 24 Hrs/Premium Service for ILR application under both routes?

You’ll qualify under T1 sooner than LR.
If you fulfil requirements of either.. it’ll be easy.
Standard service for Tier1 though.. but by the time you qualify for LR it’s possible you’ll get ur ILR approved under T1. Under LR you may apply for super priority(something like that) and get a quick decision.

2) For 10 years route am I eligible to apply 28 days before 10 July 2019 or 28 days before 16 Sept 2019, i.e does my 10 years start counting from when my initial Tier 4 visa was approved or from when I first entered into the UK?

3) Please what are the requirements for 10 years route?

Read guidance or search forum. LR

4) By my calculation I will be eligible to apply for ILR under the Ent route 28 days before 30 June 2019, please is this correct?

Yes.

Many thanks for your effort and time.
Paris

PS: Someone advised one can switch from 10 years long stay route to naturalisation without having to spend 1 year on ILR, I have done extensive researched on this and found no answer. Please is this true?

[aman90]

Forgot to add.. in case you go for LR.. ensure you have documents pertaining to ur business on tier1. Its possible that the HO would like to confirm ur fulfilling tier1 conditions..

[Pariss]

Okay many thanks.

[Pariss]

This is a long post but please I need further clarification

I came into the UK on 16 Sept 2009, switched to PSW visa in Feb 2011, then to Tier 1 Ent visa in June 2014 which was renewed on 08 September 2017. Therefore, I am eligible for ILR via 10 yrs and T1 Ent routes but I’d like to apply via LR as I’ll be able to use the super priority service.

My questions are:
• My initial TI Ent visa was refused, and I made an Intime appeal, the whole process took 18 months. Please will the 18 months break my continuous stay and will this have any negative impact on my application?

• Sometime in April 2016 upon arrival at Heathrow Airport my Biometric and passport was held by immigration as they wanted to verify if I met my visa requirements at the time, this was however given back to me after about 3 weeks after an interview will this have a negative impact on my application?

The requirements for ILR via T1 Ent are:
Evidence of Registration
• A printout of a Current Appointment Report from Companies House
Evidence of UK Business
• A company bank statement showing that the company has a UK account
• HMRC’s confirmation that your company is registered for corporation tax such as CT41G or a completed CT600.
• All audited accounts with compilation report for year ends 2018 and 2019.

Employment Creation Since Last Grant of Leave
• Evidence that the employees are settled workers. This will be shown via either:
A) A copy of their British/EEA passport; or
B) A copy of their Home Office visa for indefinite leave to remain
• Full payment Submissions (Real Time-Full Payment Submissions) submitted to HMRC, which show the total payments made to the relevant workers, as well as the tax deducted and date any starters or leavers dates.
• Payslips issued to the employee since last grant of leave to end of July 2019.
• For each employee, confirmation of the employment start and end dates, job title, and the hourly rate for each of them (including any changes in the hourly rate and the dates of these changes)
• Employees and Directors job description

Genuine Entrepreneur
• Any invoices and receipts for current business activity since your last grant of leave.
• Marketing materials (in print or on-line)
• Signed contracts with third parties
• Payments of employee’s tax/NI receipts
• Current company insurance

The requirements for ILR via 10 yrs LR are:
• Original current/ all previous passport in the past 10 years are submitted(pages with visas/stamps)
• Original BRP card will need to be submitted to the Home Office.
• Original copy of Life in the UK Test
• Original UK Masters’ Degree certificate/Transcripts
• Tenancy agreement
Correspondence for 10 qualifying years to evidence residence in the UK. These may include;
• Council Tax Bills
• Utility Bills
• Bank Statements
• GP Registration / Hospital Letters
Evidence I’m able to maintain myself.
• Most recent 3 months personal bank statements showing receipts of income
• Most recent 3 months business bank statements showing transfer of income into personal account

My lawyer advised I need to meet requirements for both T1 Ent and 10 years long stay therefore I must include all documents above in my application - please is this correct?

I understand the application steps for application are:
1. Fill up the online application on the Gov.uk website (SET(LR) application form)
2. I do not need to pay the Immigration Health Surcharge (IHS)
3. Select the service type - Standard or Priority or Super Priority
4. Attach documents
5. Pay the fees for the relevant service
6. I will then be redirected to a third party (Sopra Steria) website to book appointment
7. An email will be sent with the appointment details
8. Attend biometric and documents verification sessions.

Can someone please ADVICE if I’m missing any documents or steps out as my lawyer wants to charge me £1,500 and I’d really like to make this application myself but I’m so anxious.

Thanks for taking the time to read through.

[CR001]

The requirements for ILR via 10 yrs LR are:
• Original UK Masters’ Degree certificate/Transcripts Is this a UK degree??
• Tenancy agreement Not require for Long residence ILR

Correspondence for 10 qualifying years to evidence residence in the UK. These may include; None of these below are required for Long residence ILR
• Council Tax Bills
• Utility Bills
• Bank Statements
• GP Registration / Hospital Letters

Evidence I’m able to maintain myself. None of these below are required for Long residence ILR
• Most recent 3 months personal bank statements showing receipts of income
• Most recent 3 months business bank statements showing transfer of income into personal account

My lawyer advised I need to meet requirements for both T1 Ent and 10 years long stay therefore I must include all documents above in my application - please is this correct?

No it is NOT correct. They are two completely different ILR forms with completely different rules, one based on your business and one based only on 10 years legal residence.

Can someone please ADVICE if I’m missing any documents or steps out as my lawyer wants to charge me £1,500 and I’d really like to make this application myself but I’m so anxious.

You don't need a lawyer for ILR, especially not one who has given you wrong information already.

[Pariss]

Thanks CR001 you're a life saver...

Is this a UK degree??Yes its a UK masters degree

Does that mean I'll have to fill the SET(LR) form and I do not need to include the documents required for ILR via T1 Ent route???

Can you advice on this:

"• My initial TI Ent visa was refused, and I made an Intime appeal, the whole process took 18 months. Please will the 18 months break my continuous stay and will this have any negative impact on my application?"

and this please???

"• Sometime in April 2016 upon arrival at Heathrow Airport my Biometric and passport was held by immigration as they wanted to verify if I met my visa requirements at the time, this was however given back to me after about 3 weeks after an interview will this have a negative impact on my application?"

Can you also advice if I got the steps below correctly please???

1. Fill up the online application on the Gov.uk website (SET(LR) application form)
2. I do not need to pay the Immigration Health Surcharge (IHS)
3. Select the service type - Standard or Priority or Super Priority
4. Attach documents
5. Pay the fees for the relevant service
6. I will then be redirected to a third party (Sopra Steria) website to book appointment
7. An email will be sent with the appointment details
8. Attend biometric and documents verification sessions.

I'll be submitting my application soon.

Muchas gracias !!!

[CR001]

Does that mean I'll have to fill the SET(LR) form and I do not need to include the documents required for ILR via T1 Ent route???

Correct.

Can you advice on this:

"• My initial TI Ent visa was refused, and I made an Intime appeal, the whole process took 18 months. Please will the 18 months break my continuous stay and will this have any negative impact on my application?"

and this please???

"• Sometime in April 2016 upon arrival at Heathrow Airport my Biometric and passport was held by immigration as they wanted to verify if I met my visa requirements at the time, this was however given back to me after about 3 weeks after an interview will this have a negative impact on my application?"

I have specifically not responded to your other questions so suggest wait for zimba or marcnath etc to respond.

Can you also advice if I got the steps below correctly please???

1. Fill up the online application on the Gov.uk website (SET(LR) application form)
2. I do not need to pay the Immigration Health Surcharge (IHS)
3. Select the service type - Standard or Priority or Super Priority
4. Attach documents
5. Pay the fees for the relevant service
6. I will then be redirected to a third party (Sopra Steria) website to book appointment
7. An email will be sent with the appointment details
8. Attend biometric and documents verification sessions.

Point 5 comes before 4. Point 4 comes after point 6.

[Pariss]

Oh okay, thanks every so much for your help much appreciated.

[zimba]

Can you advice on this:

"• My initial TI Ent visa was refused, and I made an Intime appeal, the whole process took 18 months. Please will the 18 months break my continuous stay and will this have any negative impact on my application?"

and this please???

"• Sometime in April 2016 upon arrival at Heathrow Airport my Biometric and passport was held by immigration as they wanted to verify if I met my visa requirements at the time, this was however given back to me after about 3 weeks after an interview will this have a negative impact on my application?"

None those have an impact.

[Pariss]

Ok thanks Zimba.

[Pariss]

Thanks to every one of you who’s responded to my questions. I will be submitting my ILR (SET LR) next week Tuesday and I want to be sure I’m not missing anything out.

(SET LR) Application Documents
1. All passports and BRP
2. Life in UK
3. UK degree Cert/Transcript
4. Consent form

I also want to keep the documents below pertaining to T1 Ent handy in case HO would want to confirm if I meet T1 conditions.

T1 Ent Application Documents
1. CAR (not older than 3 months)
2. (CT41G or CT603) AND CT600
3. 1-month business bank statement or bank letter
4. All audited accounts with compilation report for year ends 2018 and 2019(Unsure if this is required)
5. RTI- FPS
6. Employee Wage Slips
7. Employee Passport copies
8. Accountant letter (Not requires as I haven’t joined or taken over an existing business)
9. Employees’ confirmation/contract of the employment, start and end dates, job title, and hourly rate
10. Director job/role description
11. Employee job role description

Just to double check that online submission and payment date is the date of application???.

Please can someone ADVISE if these are the required documents under both categories or if anything id missing/not required.


Once again, many thanks for your time and effort and sorry if I asked these questions before I just do not want to take chances.

[CR001]

I also want to keep the documents below pertaining to T1 Ent handy in case HO would want to confirm if I meet T1 conditions.

T1 Ent Application Documents
1. CAR (not older than 3 months)
2. (CT41G or CT603) AND CT600
3. 1-month business bank statement or bank letter
4. All audited accounts with compilation report for year ends 2018 and 2019(Unsure if this is required)
5. RTI- FPS
6. Employee Wage Slips
7. Employee Passport copies
8. Accountant letter (Not requires as I haven’t joined or taken over an existing business)
9. Employees’ confirmation/contract of the employment, start and end dates, job title, and hourly rate
10. Director job/role description
11. Employee job role description

NONE of this is required for ILR based on long residence. Your appointment at UKCVAS is NOT with HO staff, employees or caseworkers.

Just to double check that online submission and payment date is the date of application???.

yes, and this must be no sooner than within 28 days before the 10th anniversary or the date you entered the UK in 2009.

Please can someone ADVISE if these are the required documents under both categories or if anything id missing/not required.

You do NOT need any tier 1 ent documents if you are not apply for ILR based on tier 1.

[Pariss]

Hello CR001,

Thanks for your prompt response to my question.

Sorry I didn't ask my question well, my question is are these the documents for T1 Ent ILR? I want to keep them handy in case they request for it at some point in order for them the ascertain if I meet my current T1 Ent visa requirements.

In addition All passports and BRP, LIUK, UK degree Cert/Transcript and Consent form are definitely all I need for SET LR????

Thanks
Priss

[sameerb]

The requirements for ILR via 10 yrs LR are:
• Original UK Masters’ Degree certificate/Transcripts Is this a UK degree??
• Tenancy agreement Not require for Long residence ILR

Correspondence for 10 qualifying years to evidence residence in the UK. These may include; None of these below are required for Long residence ILR
• Council Tax Bills
• Utility Bills
• Bank Statements
• GP Registration / Hospital Letters

Evidence I’m able to maintain myself. None of these below are required for Long residence ILR
• Most recent 3 months personal bank statements showing receipts of income
• Most recent 3 months business bank statements showing transfer of income into personal account

My lawyer advised I need to meet requirements for both T1 Ent and 10 years long stay therefore I must include all documents above in my application - please is this correct?

No it is NOT correct. They are two completely different ILR forms with completely different rules, one based on your business and one based only on 10 years legal residence.

Can someone please ADVICE if I’m missing any documents or steps out as my lawyer wants to charge me £1,500 and I’d really like to make this application myself but I’m so anxious.

You don't need a lawyer for ILR, especially not one who has given you wrong information already.

Hi,
Is it true that there are two ILR forms for 10 years rule, one based on Business & other one based on 10 years rule?? What are these two forms pls.

[CR001]

The requirements for ILR via 10 yrs LR are:
• Original UK Masters’ Degree certificate/Transcripts Is this a UK degree??
• Tenancy agreement Not require for Long residence ILR

Correspondence for 10 qualifying years to evidence residence in the UK. These may include; None of these below are required for Long residence ILR
• Council Tax Bills
• Utility Bills
• Bank Statements
• GP Registration / Hospital Letters

Evidence I’m able to maintain myself. None of these below are required for Long residence ILR
• Most recent 3 months personal bank statements showing receipts of income
• Most recent 3 months business bank statements showing transfer of income into personal account

My lawyer advised I need to meet requirements for both T1 Ent and 10 years long stay therefore I must include all documents above in my application - please is this correct?

No it is NOT correct. They are two completely different ILR forms with completely different rules, one based on your business and one based only on 10 years legal residence.

Can someone please ADVICE if I’m missing any documents or steps out as my lawyer wants to charge me £1,500 and I’d really like to make this application myself but I’m so anxious.

You don't need a lawyer for ILR, especially not one who has given you wrong information already.

Hi,
Is it true that there are two ILR forms for 10 years rule, one based on Business & other one based on 10 years rule?? What are these two forms pls.

SET LR for long residence and SET O for PBS routes

Useful to ask your questions in your own topic please.

[Pariss]

Advice needed please...

1.Came to UK 16 SEP 2009 tier 4 student visa valid until 31 Jan 2011.
2.Applied for PWS visa in Jan 2011 which was valid until 11 Feb 2013.
3.Applied for T1 Ent visa in Jan 2013 but application was refused with appeal rights in June 2013.
4.Visa finally got approved on 30 June 2014 exactly after 18 months.
5.T1 Ent visa extension was approved on 8 September 2017 and expires 8 September 2019.

My question now are:
My initial T1 Ent appeal hearing date was on 23 Nov 2013, HO representative however didn't turn up on the day of the hearing therefore hearing didn't take place. The judge advised HO has WITHDRAWN appeal and will have to re-access my application as the decision to refuse was unfair in the first place as HO should have requested for additional documents instead of refusing my application. Would this be considered as a fresh application and break my continuous stay???

In addition sometime in September 2013 2 months after I had made my appeal, I received about 2 letters and a phone call from a 3rd party company (Capital) advising I was overstaying. I also got a letter from 1st Tier Tribunal advising I was overstaying as I made an out of time appeal. On 09 Sept 2013 my lawyer wrote a letter to Tribunal to address this but there was no response from Tribunal and on 20 September 2013 I got notification of hearing date from them instead.

Please note:
-Refusal letter was dated 18 June 2013
-Lawyer advised refusal letter was received on 20 June 2013
-By my calculation appeal should be made before midnight of 04 July 2013 (10 days from (20 June 2013) date of receipt of refusal letter) - Can someone please clarify its 10 working days and not 10 calendar days???
-Appeal was faxed to Tribunal in July (can't remember exact date) but fee was debited from my account on 04 July 2013.

I'm a bit apprehensive now and I want advice on this please but I'm 100% sure I made an in-time appeal, I feel if I had made an out of time appeal 1st Tier Tribunal or HO would have brought up. There’s been no reference to this ever since my layer wrote them therefore I take it as they miss-calculated my appeal submission date.

Can someone advice on this please....as usual you input and valuable time is much appreciated.

[CR001]

Can you keep ALL your questions in ONE topic please!!! Click link to read the forum rule!!

[zimba]

When HO reconsidered a refusal decision , it is as if the original refusal never happened. You had section 3C until visa granted

[Pariss]

Hi Zimba Oh okay, many thanks for your prompt response to my questions.

Hello @CR001 Sorry I created numerous post and thanks for pointing my to the link to the forum rules...Noted.

[Pariss]

When HO reconsidered a refusal decision , it is as if the original refusal never happened. You had section 3C until visa granted

Hello Zimba,

Just a quick one, does that also mean the fact that HO reconsidered refusal decision the issue of "overstaying"( that is if there was) would have automatically become none applicable?

Thanks
Paiss