ILR due on Mon, set up Ltd company on Mon, need help..Please

vivekR · Post by **vivekR** » Wed Oct 28, 2009 3:26 pm

Good Day All,

Thanks for taking the time to read and possibly respond to my message.

I have an ILR interview due on Mon. I was WP until Aug, but then unfortunately I was made redundant and therefore after a major change of plans, I decided to set up my own company. My question is re the docs I need to provide to immigration for the ILR. I have just started up so there is no revenue to show and therefore no accountant certifying any docs.

I managed to register the company at Companies House (strangely, I have a registration date of 25th Oct (Sunday!!). I have the following docs, will it suffice:

Certificate of Inc
Articles of Assoc
Website
Share Certificates ( I am the sole owner of the Pvt Ltd Co.)
First board minutes
Business account (meeting at branch for account opening procedures due on Fri)
The email from Smart Company Formations (the company who does the registration for you, which states that the other docs as below will be processed next week due to the postal delays and the strikes, plus a breakdown with the electronic registration with the Companies house.

Combined Company Register (NOW REQUIRED BY LAW)
Limited by Shares Electronic Formations
VAT Registration
Printed Certificate of Incorporation
3 Bound Copies of Memorandum & Articles of Association
Completed Share Certificates
Stock Transfer Form

Will the above suffice?

Any response would be much appreciated.

Rgds
vR

Wanderer · Post by **Wanderer** » Wed Oct 28, 2009 3:34 pm

I doubt it - just show your last payslips and P45, I think that's all you can do now at this late stage, short of postponing ILR.

vivekR · Post by **vivekR** » Wed Oct 28, 2009 3:51 pm

Hi Wanderer,

Does it mean the Home office will not accept just the incorporation. But they need to see an established business. If yes for how long?

I thought (presumably thought wrong!)a registered start up company, given that I was made redundant end of Sept, and now this is late Oct, they would accept that atleast I am on my way.

If the chances are high for a refusal, then I would rather cancel the appoinment and save the money I would waste!! My Visa is valid until 2012 on a tier1, General, obtained basis of my MBA.

rgds
vR

Wanderer · Post by **Wanderer** » Wed Oct 28, 2009 3:57 pm

vivekR wrote:Hi Wanderer,

Does it mean the Home office will not accept just the incorporation. But they need to see an established business. If yes for how long?

I thought (presumably thought wrong!)a registered start up company, given that I was made redundant end of Sept, and now this is late Oct, they would accept that atleast I am on my way.

If the chances are high for a refusal, then I would rather cancel the appoinment and save the money I would waste!! My Visa is valid until 2012 on a tier1, General, obtained basis of my MBA.

rgds
vR

The business is nothing to do with you in law, it's a separate legal entity, you should become an employee of ur own ltd, but we are back at square one, payslips no company income, no wages for employees......

vivekR · Post by **vivekR** » Wed Oct 28, 2009 4:08 pm

Wow! I am really worried.

Surely they do not expect immediate pick up on the business side!

I started my company with a Â£1000 capital, from a contract work I did while I registered the company. Can I show that as an earning?

may be get a letter from an accountant to state the above, and the registration wwith HMRC is in progress.

Can someone please share any similar experience, would highly appreciate that.

vR

magsi23 · Post by **magsi23** » Wed Oct 28, 2009 5:09 pm

Well i might be loosing the plot here, but how can you set up business on WP?

Wanderer · Post by **Wanderer** » Wed Oct 28, 2009 5:19 pm

magsi23 wrote:Well i might be loosing the plot here, but how can you set up business on WP?

Good point, u CAN be SE if it's related to ur WP, but setting up a Ltd is a bit out side the scope...

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OFCHARITY · Post by **OFCHARITY** » Wed Oct 28, 2009 5:32 pm

The OP mentioned he is now on tier1. He also mentioned that he was made redundant end of September in which case I think he should submit his last 3 payslips, which would take him up to September. I suppose the company documents should show that he is economically active, considering he was employed up to Sept and started the company in Oct. Of course it's all up to the case worker on the day, but I would think you stand a good chance.

Wanderer · Post by **Wanderer** » Wed Oct 28, 2009 5:35 pm

OFCHARITY wrote:The OP mentioned he is now on tier1. He also mentioned that he was made redundant end of September in which case I think he should submit his last 3 payslips, which would take him up to September. I suppose the company documents should show that he is economically active, considering he was employed up to Sept and started the company in Oct. Of course it's all up to the case worker on the day, but I would think you stand a good chance.

Agree but a ltd co is NOT legally the same as the person running it - I would guess the ltd would need to generate income and pay it's employee/director a salary, unless the OP has money to put into the Ltd and still pay a salary despite no company income..

Missed the Tier 1 bit too - bad day!

raymasa2 · Post by **raymasa2** » Wed Oct 28, 2009 10:10 pm

You have payslip for the entire month of September? If so, I dont think 1 month without a job on Tier 1 is going to be an issue, especially if you can show that you have been economically active. I would think that trying to setup a company would be considered showing you are moving towards staying economically active.

Having said that, this is just my opinion. I dont know for sure. And a Â£1,000 is a lot of money.

Are you applying in person? Which POE? I think Birmingham charge fees AFTER they have reviewed your file. If you dont qualify, you wont be charged. Might consider going there for ILR.

You may not want to delay getting ILR too long. Who knows what the next changes will be in the immigration rules. Get the ILR if you can.

Ray

Post by **John** » Wed Oct 28, 2009 10:50 pm

vivekR, I can't see how a limited company that has existing as a legal person for just three days is relevant to your ILR applications.

By the way, what is the basis of your ILR application? And why the big rush to submit that ILR application?

vivekR · Post by **vivekR** » Thu Oct 29, 2009 8:28 am

Hi All,
Many thanks for the response.

Just a quick recap-

-Lost job in the 1st week of Sept, so out of job for about 7 weeks on Tier 1.
-Tier 1 Obtained in July.
-Spent about 5 weeks to get a new contract from a company in USA for financial analysis and checking the BPM structure. They also paid me the Â£1000 as the initial cost.
-Set up own company for the same
-Appointment at Croydon
-Applying for ILR now, because any delay to ILR will result in delay to the British passport later. Plan to leave for US post naturalisation.

But again in your view, a newly setup company does a difficult chance to clear for ILR? If there is fair chance, I will be happy to apply. But if this is a long shot, I might as well wait and apply again by next year, rather than waste the Â£1000 at the Croydon office.

rgds
vR

vivekR · Post by **vivekR** » Thu Oct 29, 2009 5:00 pm

Anyone? Please.

vR

raymasa2 · Post by **raymasa2** » Thu Oct 29, 2009 6:00 pm

This is just my opinion, so take it with a pinch of salt. If you got a contract recently, that to me shows you are economically active. Combine that with savings that would see you through (without getting on the welfare system), and I dont think 6-7 weeks without a job is an issue.

But, Â£1,000 is a lot of money. I also understand the need to get ILR as quickly as you can.

If I was in that situation, I would cancel the appointment and get one in Birmingham. From what I understand, they will charge you after reviewing your application. Other than a trip to Birmingham, you wont risk too much money.

Ray

Sushil-ACCA · Post by **Sushil-ACCA** » Thu Oct 29, 2009 8:10 pm

Wanderer wrote:
vivekR wrote:Hi Wanderer,

Does it mean the Home office will not accept just the incorporation. But they need to see an established business. If yes for how long?

I thought (presumably thought wrong!)a registered start up company, given that I was made redundant end of Sept, and now this is late Oct, they would accept that atleast I am on my way.

If the chances are high for a refusal, then I would rather cancel the appoinment and save the money I would waste!! My Visa is valid until 2012 on a tier1, General, obtained basis of my MBA.

rgds
vR
The business is nothing to do with you in law, it's a separate legal entity, you should become an employee of ur own ltd, but we are back at square one, payslips no company income, no wages for employees......

IF U r applying under jr review than progress of business is required u need not be employee of ocmpany ,
u can wait some time and show some business and get management accounts from accountant with letter that u r shareholder of ocmpany .

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ILR due on Mon, set up Ltd company on Mon, need help..Please