ILR Application - Tier 1 Entrepreneur

[Maria hassan]

Yes the same guidance which you sent me link, indefinite leave to remain start from page 26 , can you have look on it, they says they will examine investment is genuine, business activities etc interview as well, problem is last year i had the same phase i went through interview genuiness test as well, I passed these all process but still again?

[CULLINAN]

Yes the same guidance which you sent me link, indefinite leave to remain start from page 26 , can you have look on it, they says they will examine investment is genuine, business activities etc interview as well, problem is last year i had the same phase i went through interview genuiness test as well, I passed these all process but still again?

This is not a new requirement. Genuineness entrepreneur test was introduced for ILR previously. It is up to the CW if he/she is not satisfied, can request for additional documents to prove genuineness or call for an interview if need be. Not everyone gets additional documents request or an interview call for ILR.

[Maria hassan]

Evidential flexibility or verification ? Page 25, I need your view about this requirement please? Thank you

[CULLINAN]

Evidential flexibility or verification ? Page 25, I need your view about this requirement please? Thank you

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

You are overthinking. Rules are the same. You are reading guidance for Case Workers.

Easier to follow:

https://assets.publishing.service.gov.u ... V_1019.pdf


The genuineness entrepreneur test has been a part for extension and ILR both previously. Normally if you are called for an interview for extension, you are not called for an interview for ILR. But it is entirely up to CW’s decision. There have been cases where applicants were called for an interview again at ILR stage even after an interview at extension stage.

I had an interview for my own extension but not for ILR. I immigrated via the same Tier 1 Entrepreneur route also.

[Maria hassan]

I see, sorry for that,
I will go through guidance again tomorrow properly, i hope i will see things more bright and shine.

I really appreciate for your patience during my help.
Stay healthy and happy in your life.
Thank you

[CULLINAN]

I see, sorry for that,
I will go through guidance again tomorrow properly, i hope i will see things more bright and shine.

I really appreciate for your patience during my help.
Stay healthy and happy in your life.
Thank you

Thank you.
Do not worry too much about the genuineness entrepreneur test. As long your business is genuine, you do not have to worry about that. Given, your admin review was successful for genuineness at extension stage, means you have a genuine business.

Focus on the documents preparation as per the guidance and keep your application to the point and well organised.

[Maria hassan]

You are right, i will focus on my application , let see what next. Thank you

[Maria hassan]

Good morning, I hope you are well there,
I have completed my paperwork,
1) application form Set(0)
2) RTI ,FPS and Payslips for 2 employees last 1 year including furloughed payslips.
3) business account letter from bank
4) life in uk certificate,
5) my Master degree.
6) covering letter in which business details overview, job descriptions, business goals, services which we are providing our customer,
7) Jobs chart from 2016 till up to date including P60, P45.wages rate increases or decrease.

What else i need to be provide with my application?

Please have look for above documents if do you think i am missing something please let me know.

Many thanks

[CULLINAN]

Have you paid minimum 80% salary on furlough? Are you relying on furlough payslips also?

You need to prove that you are registered as self-employed and that your company is registered for corporation tax.

You need proof of passport copies/settled status for employees.

7) Jobs chart from 2016 till up to date including P60, P45
(7) is not required. Job titles and job description, wage rate change is needed only for the period you are claiming for. You can only claim for employment after extension. P45, P60 not needed.

[Maria hassan]

Hi, thank you for reply, yes I have attached my recent tax returns as self employed which is mentioned details my income and tax code etc,
I am not rely on furlough wages, yes i have paid furlough wages to my emplyees,
My claim employment starts from May 2019 to February 10 months, then starts furlough because from 23 March lockdown announced do account adviced by law you must register furlough so i did, Furloughed March to august.
September and October I didn’t file furlough so 2 months and 10 months previously total 12 months i will claim.

Ok I ll make chart for jobs after extension period.

Is that fine? Do i need anything els to be add into my application? Thx

[CULLINAN]

Initially the time on furloughed was not counted and the gov website still says the same even though it is updated on 5th Nov:

https://www.gov.uk/guidance/coronavirus ... -residents

If you’re on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.

These arrangements will continue for applications made after 31 May 2020, where the jobs you’re relying on were disrupted due to coronavirus.

However, the recent Tier 1 Entrepreneur guidance updated for Case Workers say:

Time when their employees were furloughed under the UK Government scheme will count towards the 12 month period if they have been paid at least 80% of their normal salary.

Page 91
https://assets.publishing.service.gov.u ... gov-uk.pdf

IF you are relying on furlough payslips for 2 months, I would urge you to mention the above updated guidance in the cover letter to be on the safe side.

If not, then you no need to mention. Make sure all your employment claim is AFTER extension?

Also, what is the date when your extension was approved??

[CULLINAN]

Also, you need a document to prove your company is registered for corporation tax. Like CT600 etc.

[Maria hassan]

I dnt have company i am just registered as self employed,
My extension applied june 2017 and approved july 2019.

[CULLINAN]

I dnt have company i am just registered as self employed,
My extension applied june 2017 and approved july 2019.

Oops sorry. You are right. I mixed up. You need:

(i) evidence of your registration with HM Revenue & Customs to show your business is based in the UK, and showing you were registered within the three months before the date of the application,
(ii) HM Revenue & Customs evidence that you are making tax returns within the self- assessment tax system
iii) a personal bank statement showing transactions for your business, or a business bank statement, or a letter from a UK-regulated financial institution, on the institution’s

Also, you can NOT claim any employment before July 2019 then. You said you are claiming May 2019 onwards?? You can only claim AFTER extension.

[Maria hassan]

Hello dear, my application almost ready, my accountant make folders for payslips,RTI and PFS , P45,P11 etc. And said upload these folder online, also she said attached employment contact as well, employment table .
Are these documents are fine?

[CULLINAN]

Hello dear, my application almost ready, my accountant make folders for payslips,RTI and PFS , P45,P11 etc. And said upload these folder online, also she said attached employment contact as well, employment table .
Are these documents are fine?

RTI FPS is only needed. Job title, Job Description and wage per hour. All other documents will be extra. It is entirely your choice.
And I hope you have noted that you can claim for employment after extension only.

[Maria hassan]

Yes accountant said we will claim from may 2019, if they will consider from 9th july when my extension approved still 12 months will completed because furloughed period can claim now. Job title ans job descriptions including in job contracts. Thats why I attached job contacts .
Is that fine?

[CULLINAN]

You can NOT claim from May 2019. Why are you listening to your accountant than following the guidance?

You should not even be sending any old documents either.

Job contracts are fine.

It seems like you will have to rely on furlough 80% months also. In that case read my previous message as two different stories are on gov website and CW updated guidance. You should make it clear in the cover letter with quoting the guidance in my opinion.

[CULLINAN]

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.

Page 33 Tier 1 Ent guidance

[Maria hassan]

Ok...actually one guy was working in accountant office he applied extension, his extension approved in October 2019, he started 2 full time emplyees from march 2019 when extension approved october 2019 then he applied ILR february 2020, his ilr approved. She shows his documents , she said dnt worry about it,
But I have to apply my ilr now so I ll add guidance reference in my covering letter which was updated 5th November. I think it should be fine because its gov guidelines.

[CULLINAN]

The other guy must have fallen under the exception rule:

where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application.

His ILR date and extension approval date would be less than 12 months apart so he claimed for last 12 months immediately before date of application.

You need to understand the guidance first before applying someone else’s experience on yourself. You can only claim employment AFTER extension in your case i.e. after the date your extension was approved in July 2019. You can NOT rely on any employment before that.

[Maria hassan]

What you suggested shall i claim from july 2019 , if i ll claim from july still i can qualify according to new guidelines, claim furloughed period or need to wait further?

[CULLINAN]

What you suggested shall i claim from july 2019 , if i ll claim from july still i can qualify according to new guidelines, claim furloughed period or need to wait further?

You can simply not rely on anything before July 2019. You will get zero points for anything before July 2019. Yes as per the new guidance, you can claim for fulrough months IF minimum 80% salary was paid. You should clarify this is the cover letter and refer to the exact guidance. The gov website is still not updated properly but as far the guidance says so, you are good to go.

You must only count employment after extension and send the relevant months evidence only. Your jobs that existed before July 2019 have zero importance for ILR.

[Maria hassan]

Ok I understand, I will claim from 9th july 2019 where my extension application was approved and I will explain in covering letter about guidance. I will get view from immigration solicitor as well on monday.
Do i need sign all RTI and FPS pages or dnt need to?

Thank you

[CULLINAN]

Ok I understand, I will claim from 9th july 2019 where my extension application was approved and I will explain in covering letter about guidance. I will get view from immigration solicitor as well on monday.
Do i need sign all RTI and FPS pages or dnt need to?

Thank you

You need to make sure your jobs existed for minimum 30 hours/week or 130 hours a month for 52 weeks each after 9th July 2019.
No signatures required.

As per the guidance you can claim for months you paid employees min 80% on furlough.