Tier 1 entrepreneur initial - no response yet

[Shak007]

Hi all,

I have been following this board for last few months and need some clarifications urgently. I am planning to apply Tier 1 Entrepreneur within next couple of days.

My scenario: I came to UK as a Tier 2 General dependent and My wife is the main applicant. I started a Limited company in 2015 and was providing IT consulting services (Basically IT contracting). My wife sponsor recently cancelled her VISA and issued P45, however we are yet to get curtailment letter. Its been 35 days since the employer issued P45.

Since the employer told us about this job termination few months back, My wife maintained 200K + 6K in her personal account for 90+ days, became a co-director in my company and then transferred 200K to my business account (as Director Loan). She holds 50% share and I hold 50% share in the company and the company revenue in FY16 is about £110K and same is expected in FY17 as well. Our business plan is to expand our existing consulting services to a growing new technology.

1.I am not sure whether me being a director with 50% share affect the Tier 1 Entrepreneur application for my wife (she is the main applicant and I am dependent in Tier 1 Entrepreneur as well).

2. We have proof of my wife transferring 200K to business account, do we need accountant letter to confirm 200K is invested ?

Also, any other suggestions for me before I apply ?

Thanks
Shak

[Shak007]

Few more points:

1. I was having 100% share in the company before she became director. I changed the share % only few months before.

2. My wife is also a signature in my business account

3. I hold the director appointment / removal rights

Is the above a problem ? If so, what I need to do ?

[marcnath]

1.I am not sure whether me being a director with 50% share affect the Tier 1 Entrepreneur application for my wife (she is the main applicant and I am dependent in Tier 1 Entrepreneur as well).

No, it shouldn't as long you have not violated any conditions on your visa.

2. We have proof of my wife transferring 200K to business account, do we need accountant letter to confirm 200K is invested ?

No, you don't. There is no requirement for accountant letter, just the accounts certified by an accountant.

1. I was having 100% share in the company before she became director. I changed the share % only few months before.

So, she joined an existing business. Trust the investment was made after her nomination as a Director. If the investment is as a Director's loan, the shareholding is immaterial.

2. My wife is also a signature in my business account

Ok.

3. I hold the director appointment / removal rights

Not sure what that means (did you do a special Articles of association giving you exclusive rights ?) Anyway, it has no relevance as per immigration rules.

[Shak007]

Thank you very much marcnath.

Not sure what you mean ‘not violated any other conditions on visa’. Can you be specific and provide example please. Sorry this may be very basic things.

[zimba]

Read the guide please: https://www.gov.uk/government/publicati ... trepreneur

[Shak007]

Thank you zimba.

Final question - As I said I am working as a IT contractor for around 2.5 years and have a limited company. The company has filed accounts till July 2016 and the next accounts is due in few months time.

My wife is now applying for tier 1 entrepreneur main applicant by investing in my business. She has transferred 200k to my account a month ago as director loan a month ago. I was about to apply Tier 1, but one of my friend is suggesting to get unaudited accounts for FY17 and also management accounts till oct 2017 to show 200k as director loan (creditors). Is this really needed ? Mine is initial and not extension. If I provide this, will it make my case stronger ?

Thanks
Shak

[zimba]

As she transferred the money in the business account, she now must prove she has invested in the business. Now she needs director's loan, company accounts and bank statements showing this investment. The guide is clear what needs to be sent

[marcnath]

Thank you zimba.

Final question - As I said I am working as a IT contractor for around 2.5 years and have a limited company. The company has filed accounts till July 2016 and the next accounts is due in few months time.

My wife is now applying for tier 1 entrepreneur main applicant by investing in my business. She has transferred 200k to my account a month ago as director loan a month ago. I was about to apply Tier 1, but one of my friend is suggesting to get unaudited accounts for FY17 and also management accounts till oct 2017 to show 200k as director loan (creditors). Is this really needed ? Mine is initial and not extension. If I provide this, will it make my case stronger ?

Thanks
Shak

Couple of things.
1. From your description so far (for e.g using "my business", Í was about to apply ..."), I get the impression that your wife would be more of an investor rather than entrepreneur. You would be continuing the IT contracting business which appears to be more your domain rather than hers (I could be wrong). Note that if the HO decides to do an interview, it will be your wife that will be interviewed if she is the main applicant and would need to pass the genuine entrepreneur test.
2. On whether you need a DL or not, it is up to you. For the initial application, you only need to show access to funds. So, you can use the money in the business accounts as a third party funding. However, if you also produce the DL, you can claim points for money already invested. That means you will not need to provide further evidence at the time of extension. So, definitely much better to do it now.

[marcnath]

Thank you zimba.

Final question - As I said I am working as a IT contractor for around 2.5 years and have a limited company. The company has filed accounts till July 2016 and the next accounts is due in few months time.

My wife is now applying for tier 1 entrepreneur main applicant by investing in my business. She has transferred 200k to my account a month ago as director loan a month ago. I was about to apply Tier 1, but one of my friend is suggesting to get unaudited accounts for FY17 and also management accounts till oct 2017 to show 200k as director loan (creditors). Is this really needed ? Mine is initial and not extension. If I provide this, will it make my case stronger ?

Thanks
Shak

Couple of things.
1. From your description so far (for e.g using "my business", Í was about to apply ..."), I get the impression that your wife would be more of an investor rather than entrepreneur. You would be continuing the IT contracting business which appears to be more your domain rather than hers (I could be wrong). Note that if the HO decides to do an interview, it will be your wife that will be interviewed if she is the main applicant and would need to pass the genuine entrepreneur test.
2. On whether you need a DL or not, it is up to you. For the initial application, you only need to show access to funds. So, you can use the money in the business accounts as a third party funding. However, if you also produce the DL agreement and the accounts showing the DL, you can claim points for money already invested. That means you will not need to provide further evidence at the time of extension. So, definitely much better to do it now.

[Shak007]

Thank you zimba and marcnath.

Yes my forte is IT consulting and my wife is investing money to expand the business to a growing technology consulting in which she has knowledge and completed few certificates as well to proof.

My company is in profit and already paid around 20k as corporation tax and expecting to pay similar amount in next few months, so hopefully HO will consider as genuine.

[Shak007]

Thank you all.

Can someone tell me what is account compilation report ? My wife transferred 200k from her personal account to business account in one go, does account compilation applicable for us ?

[marcnath]

Thank you all.

Can someone tell me what is account compilation report ? My wife transferred 200k from her personal account to business account in one go, does account compilation applicable for us ?

Account compilation report is prepared by your accountant, confirming that the accounts are properly prepared, etc.

[Shak007]

Hello experts,

Finally I have couriered by documents to Home office day before yesterday, however I feel I have messed up things.

I had submitted the printouts for the bank statement for maintenance (Not the copy from bank). Is this a problem ? Can I send the original documents again ? If so, how to do ?

I am yet to get invite for biometric.

Thanks
Shak

[marcnath]

Hello experts,

Finally I have couriered by documents to Home office day before yesterday, however I feel I have messed up things.

I had submitted the printouts for the bank statement for maintenance (Not the copy from bank). Is this a problem ? Can I send the original documents again ? If so, how to do ?

I am yet to get invite for biometric.

Thanks
Shak

HO will only accept original bank statements, so yes you need to send those.

Wait for the biometrics so you get your reference number. And then sent the documents with the reference number as soon as possible to the same address you send the application to.

[marcnath]

Hello experts,

Finally I have couriered by documents to Home office day before yesterday, however I feel I have messed up things.

I had submitted the printouts for the bank statement for maintenance (Not the copy from bank). Is this a problem ? Can I send the original documents again ? If so, how to do ?

I am yet to get invite for biometric.

Thanks
Shak

HO will only accept original bank statements, so yes you need to send those.

Wait for the biometrics so you get your reference number. And then sent the documents with the reference number as soon as possible to the same address you send the application to.

[Shak007]

Thanks marcnath.

I felt so, but since I had submitted original statements to prove that I held 200k for 90 days, I had submitted printouts for maintenance funds.

I will request for originals duplicate and send it soon.

Thanks
Shak

[Shak007]

Hi Experts,

It’s been 10 days since my solicitor posted the documents to HO. The Visa fee is still not deducted, is it normal ?

Thanks
Shak

[Shak007]

Hi experts,

I have submitted by biometrics few days before and is there any link to check the application status ?

Thanks
Shak

[zimba]

https://contact-ukvi.homeoffice.gov.uk/ ... visastatus

[Shak007]

Hi experts,

I applied tier 1 entrepreneur initial application within UK exactly 5 weeks before and completed biometric 4 weeks back and yet to get any response from HO, not even complex letter.

Is this normal ? I went through the timelines post and noticed atleast a complex letter is sent within a month even if visa process takes a longer time, really worried

Thanks
Shak

[bizman]

Why do you want a complex letter if your case is not complex. Be patient and keep hoping for the best, they will eventually respond. 5 weeks is within the published standard processing time. After 8 weeks you can then call them. Did you check on line and what is your current status.

[Shak007]

In online, it says some error like your reference is not found.

[bizman]

Just be patient for maximum three more weeks. I think they will respond, if not you can call them after 8 weeks.

[Manu_cal]

In online, it says some error like your reference is not found.

Hello. Its a good sign not to have a complex issues letter. For me the royal mail special delivery number was working for a couple of months then it came up as unrecognized and I tried the IHS number which worked until it was decided.
Good luck.

[Shak007]

Hello ,

Anyone recently got approved for T1E Initial in country application. It’s been 8 weeks and no complex letter as well, not sure what is causing this delay and really worried as well. any guidance ?

Thanks
Shak