Tier 1 Entrepreneur Set(O) ILR Checklist

[sm12]

The software we use also puts the employer address on payslips. Do we need to generate payslips that have an old address again, or can we use them with the old address on them?

[zimba]

Not necessarily

[sm12]

Not necessarily

Thank you, Zimba. I am applying tomorrow.
I have just one final question.

The payslips say "payslip for the month ending 5 Dec" rather than stating "payslip for the month 6 Nov to 5 Dec"

I approached a solicitor, which was probably a bad idea because he confused me about the above saying all payroll documents should have the exact dates.
Do you think I should try to see if I can change this on the payslips?

[zimba]

No. As long as all your payslips cover the full period you are claiming you should be fine

[sm12]

No. As long as all your payslips cover the full period you are claiming you should be fine

Thank you, Zimba. It seems that right under Table 6 in the Immigration Rules, HO has added specified documents. this follows both Tables and 5 & 6, so just wondering if these new changes have been brought in with the April changes? Just want to make sure that bank statements and corporation tax documents continue to not be required for ILR, because the structure of the rules seems to have changed?

Thanks again.

[marcnath]

No. As long as all your payslips cover the full period you are claiming you should be fine

Thank you, Zimba. It seems that right under Table 6 in the Immigration Rules, HO has added specified documents. this follows both Tables and 5 & 6, so just wondering if these new changes have been brought in with the April changes? Just want to make sure that bank statements and corporation tax documents continue to not be required for ILR, because the structure of the rules seems to have changed?

Thanks again.

As I mentioned in my earlier reply to you, the bank statement and tax documents are a specified document now.

Why do you think it is not required ?

[sm12]

No. As long as all your payslips cover the full period you are claiming you should be fine

Thank you, Zimba. It seems that right under Table 6 in the Immigration Rules, HO has added specified documents. this follows both Tables and 5 & 6, so just wondering if these new changes have been brought in with the April changes? Just want to make sure that bank statements and corporation tax documents continue to not be required for ILR, because the structure of the rules seems to have changed?

Thanks again.

As I mentioned in my earlier reply to you, the bank statement and tax documents are a specified document now.

Why do you think it is not required ?

Hi Marcnath
Actually, from what I remember, a couple of years ago, Zimba had got his extension just before I applied, so wondering if he is affected by the possible change in specified documents and how he dealt with it, as I imagine he must have applied for ILR not long ago though not sure.

[fatguyslim]

No. As long as all your payslips cover the full period you are claiming you should be fine

Thank you, Zimba. It seems that right under Table 6 in the Immigration Rules, HO has added specified documents. this follows both Tables and 5 & 6, so just wondering if these new changes have been brought in with the April changes? Just want to make sure that bank statements and corporation tax documents continue to not be required for ILR, because the structure of the rules seems to have changed?

Thanks again.

As I mentioned in my earlier reply to you, the bank statement and tax documents are a specified document now.

Why do you think it is not required ?

I read through the guidance notes again and this is ehat it has to say.

On pg 41
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. If you are applying for accelerated settlement you will also need to provide the additional evidence specified bellow to show you meet at least one of the two accelerated settlement routes.

I am not sure why it says that we should supply specified documents for investment? Given that in the table just above this paragraph it says we don't have to provide any investment document, if the applicant has supplied them in his/her previous application? In this paragraph it doesn't say we need to supply business activity documents but then on page 32 under the Business activity: specified documents it says this

You must provide the following specified documents, showing that you obtained the necessary business registration within the 6 month period referred to in the Table D for extension applications and Table F for settlement applications:

I am so confused now lol. Earlier I thought we had to supply bank statements and CT documents but not investment? Reading that paragraph on pg 41 it seems we have to provide evidence for everything again lol. But then zimba says we don't need to show any of that lol.

[sm12]

Fatguyslim


Exactly. It's really confusing because that part does seem to suggest that investment, corporation tax, business bank statements all are required even at this stage. My leave expires in about 10 days so was going to apply today but now thinking of waiting till Monday because I'm concerned after reading the above.

[jjs456]

Recently those who got their ILR approved did not submit evidence for investment and if we look at their list of documents they have submitted corporation tax documents. Some successful applicants are of opinion of submitting only required documents and some favours providing few more documents. In both cases they have their application been approved.

[sm12]

This has nothing to do with genuine entrepreneur test. If necessary it will be asked

Hi Zimba

I would be grateful if you could advise on the business activity specified documents because it seems these now follow and also apply to table 6 regarding ILR as well. In fact, Fatguyslim's post suggests even investment documents are required again?

[marcnath]

Yes, it may seem a bit confusing but it can be explained.

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.

The table above clearly specifies that if investment evidence was presented and accepted either in the initial application or any other extension application. it does not need to submitted again.

In all cases you should supply the required evidence of investment and job creation set out in the Extension Application section above.

This is the confusing section.
Yes, you have to supply all investment evidence but it does not say it has to be supplied WITH the settlement application. The fact that it was supplied with an earlier application meets this requirement. I think it was written there more to lead up to the next line for accelerated settlement.

So, I think it is clear Investment related documents are NOT NEEDED with a settlement application.

Now, for the Business Bank statement and Taxation evidence, I am not sure what the issue is.

To me, it is clear that the 2018 guidance requires it.

The specified documents for Business Activity is shown in Pg 32/33 of the guidance.

You must also provide the following specified documents to show you have established a new UK business, or joined and are engaged in business in the UK when you make your application:
(a) ....
(b) If you are a director of a UK company or member of a UK partnership, you must provide:
(i) printouts of Companies House documents ....
(ii) HM Revenue & Customs’ confirmation or equivalent evidence......
and
(iii) a business bank statement from a UK account


(ii) and (iii) are new in the 2018 guidance.

If you want to, you can argue that this does not specifically say that it applies to the settlement requirements. Interestingly, for the registered within 6 months they specifically say it applies to Table F.
But it is not worth it. It is one bank statement and one tax evidence that should be easy to attach and meet the requirement.

[zimba]

The immigration rules trump the guide. Under table 6 of Immigration rules Appendix A there is no requirement to send the business activity again if you provided them before (except evidence of current directorship or self employment). So you should be able to score points without sending your investment, 6 months registration or tax documents at all (if you already proved you established a UK company during initial/extension and relying on the same company)

1. The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last grant of leave) in cash directly into one or more UK businesses.

The applicant does not need to provide evidence of this investment if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

2. The applicant was:

(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 partnership.

The above requirement must have been met:

(i) within 6 months of entering the UK (if they were most recently granted entry clearance and there is evidence to establish their date of entry) or, in any other case, within 6 months from the date the most recent leave was granted, and

(ii) within the three months before the date of application.

The applicant does not need to provide evidence of (i) if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

[sm12]

The immigration rules trump the guide. Under table 6 of Immigration rules Appendix A there is no requirement to send the business activity again if you provided them before (except evidence of current directorship or self employment). So you should be able to score points without sending your investment, 6 months registration or tax documents at all (if you already proved you established a UK company during initial/extension and relying on the same company)

Hi Zimba

Thank you for replying.

I think investment and business activity are two different sections now in the immigration rules, so even if accounts for investment aren't required, it seems the business activity documents are required again?

[zimba]

Table 6 covers business activity for ILR. Paragraph 47-48 cover the specified documents

[sm12]

Table 6 covers business activity for ILR. Paragraph 47-48 cover the specified documents

Hi Zimba
Yes, I was referring to the following from paragraph 8:

(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.

[sm12]

Table 6 covers business activity for ILR. Paragraph 47-48 cover the specified documents

Hi Zimba
Yes, I was referring to the following from paragraph 8:

(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.

Sorry, I mean paragraph 48, which seems to apply to ILR applications?

[zimba]

But the paragraph 48 seems to suggest that such data is necessary to show when 'that they have established a new UK business or joined or taken over an existing business'. I also provided a previous success case which did not send such evidence

[sm12]

But the paragraph 48 seems to suggest that such data is necessary to show when 'that they have established a new UK business or joined or taken over an existing business'. I also provided a previous success case which did not send such evidence

Thanks, Zimba. Yes, AgnesMary applied in December 2017 so I wondered if the requirement may have changed since then.

[marcnath]

The immigration rules trump the guide. Under table 6 of Immigration rules Appendix A there is no requirement to send the business activity again if you provided them before (except evidence of current directorship or self employment). So you should be able to score points without sending your investment, 6 months registration or tax documents at all (if you already proved you established a UK company during initial/extension and relying on the same company)

I agree with the logic. Especially if it is the same company that was used for extension.

However, Paragraph 48, which specifies with the documents needed to show " they are engaged in business in the UK when they make their application" includes the bank statement and tax document also (if they are a Director).

I suspect that the CW will not be strict on the requirement under 48 (b)(ii) and 48(b)(iii) as they have been produced in a previous application or could be derived based on the fact that it was the same company in the previous application. But I would personally not take that risk given it is so easy to comply.

[sm12]

Yes, it's the wording that has me wondering whether they've changed the requirement to make it mandatory for ILR applications as well.

[marcnath]

Yes, it's the wording that has me wondering whether they've changed the requirement to make it mandatory for ILR applications as well.

And it has me wondering why you are worrying so much about this when it is the simplest to be safe and attach couple of documents.

One bank statement and one tax document are not going to have a negative impact on the application even in case it is not a mandatory one.

[fatguyslim]

You are right Marc. It is not a big deal for me to provide the bank statements.

[sm12]

Yes, it's the wording that has me wondering whether they've changed the requirement to make it mandatory for ILR applications as well.

And it has me wondering why you are worrying so much about this when it is the simplest to be safe and attach couple of documents.

One bank statement and one tax document are not going to have a negative impact on the application even in case it is not a mandatory one.

It's the issue I explained in the pm.
Just that the latest one I have is for the month ending 31st March. The April one got delayed due to bank holiday and I don't want to wait.
I know that the one month limit is only stated for personal statements but I don't know how strict HO is with expecting the most recent statements for businesses.

[sm12]

I've delayed my application until Tuesday to see if the latest statements arrive by then. Otherwise will submit the one from March.