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Need advise for 10 years long residence after successful entrepreneur extension

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Rockey
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Need advise for 10 years long residence after successful entrepreneur extension

Post by Rockey » Fri Nov 09, 2018 3:10 pm

Dear Seniors,

I have gone through some ILR Posts but to be honest i am very confused and unable to understand!

Cutting in short, what is the requirement of ILR 10 Years! after successful extension.

I got extension till 30 October 2020 with all 3 dependents , no one born in uk! All family member came in UK ON 15 April 2013 , and my 10 years will be over on 30 December 2019.

I understand i will need to apply as normal ILR 10 year long residence and will need to prove English test which i got MBA UK Degree so i guess I dont need english test certificate ielts etc? i understand i need life in uk test.

queries:

1. do i need to show income 6 months wages slips for ILR 10 Long residence?
2. Have i to show my extension related company material , website, payslips , accounts etc?
3. i understand i cant apply for my dependent for ilr long residency with me on 30 Dec 2019! so what i have to apply for them ILR (M) , do they need two times or one time extension ?
4. and what is the requirement for dependent like English test, life in uk test and income threshold 18500 per anum ?

Your reply will highly be appreciated.

Thanks
Best Regards

Rockey

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zimba
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by zimba » Fri Nov 09, 2018 3:16 pm

1. do i need to show income 6 months wages slips for ILR 10 Long residence?
No
2. Have i to show my extension related company material , website, payslips , accounts etc?
No
3. i understand i cant apply for my dependent for ilr long residency with me on 30 Dec 2019! so what i have to apply for them ILR (M) , do they need two times or one time extension ?
4. and what is the requirement for dependent like English test, life in uk test and income threshold 18500 per anum ?
SET(LR) is granted only to individuals. Family members must either be eligible under SET(LR) themselves or else switch to FLR(M) which has financial requirement + English language requirement at level A1 . Also their ILR clock is reset to zero

I suggest to apply under Tier 1E so that all of you can all get ILR at the same time without any financial requirement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Rockey
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by Rockey » Fri Nov 09, 2018 4:53 pm

Much obliged Zimba for quick response!

I understand Tier 1 is easiest rout to get ilr 5 year but problem is company in losses so cant afford hiring 2 employees again and other thing is there is no Right of appeal in case anything happens!
I am still confused the options i have got!

Regarding switching FLR(M) :
Do my wife need to show financial requirement or i can show on her behalf at the time of applying FLR (M)? and how much amount and months for wife and two children ?

I never understood about ILR Clock reset to Zero! you mean my dependents ' 10 year time start from their visa extension expiry date which is 30 October 2020? in that case their 10 year will be completed in October 2030!
And how many times my dependents will need to apply for FLR (M) pls?
Best Regards

Rockey

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zimba
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by zimba » Fri Nov 09, 2018 5:59 pm

Regarding switching FLR(M) :
Do my wife need to show financial requirement or i can show on her behalf at the time of applying FLR (M)? and how much amount and months for wife and two children ?
Either of you or in combination. This must be shown with payslips for at least 6 months if you never changed your jobs, otherwise you should provide 12 months. For 2 children in addition to the partner the financial requirement of FLR(M) is set at £24,800 per annum.
Immigration Directorate Instruction - Family Migration
I never understood about ILR Clock reset to Zero! you mean my dependents ' 10 year time start from their visa extension expiry date which is 30 October 2020? in that case their 10 year will be completed in October 2030!
And how many times my dependents will need to apply for FLR (M) pls?
dependents

The ILR clock will reset to zero means that the time spent under 'PBS dependant' route will NOT count for ILR eligibility under family route settlement (aka SET(M) ). So if a PBS dependat switches to family route FLR(M) they usually can get ILR if they:

Spend 5 years residence under FLR(M) which is 2 x 2.5 years visas to be eligible for ILR under SET(M) OR
Spend 10 years in total as individuals to be eligible for ILR under SET(LR) long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Rockey
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by Rockey » Sat Nov 10, 2018 11:57 pm

Hi Zimba thanks for reply.

I am still confused to be honest!
Let me explain my and my wife time line as under:
1. I came in Dec 2009
2. my wife and two children came in April 2013 when i was on PSW
3. Got First Ent April 2015
4.Got Second Ent Extension Oct 2018
5. Second Ent Extension will exp Oct 2020
6. I will be eligible to apply 10 Long residence in dec 2019

As you said i or my wife or both together must show 6 months pay slips for financial requirement for FLR (M), so my query is : I will apply in Dec 2019 for 10 Year Long Residence I guess my case will be in process so how can i show payslips ? as i will still be running my company by that time and as i said my company is already in loss!

My wife is sole trader she got only 4000 profit after deducting expenses per annum! so how can she show payslips , as she is not on payroll?

My other query is :
have i to show 6 months payslips every time when i apply for FLR M for my wife and for Long residence after that?

Secondly you said either need to apply two times FLR M 2.5+2.5 or complete 10 years individually ! As she came in 2013 so can she apply for 10 year Long residence in April 2023?

And is there right of appeal for FLR M pls?
Best Regards

Rockey

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zimba
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by zimba » Mon Nov 12, 2018 12:37 am

As you said i or my wife or both together must show 6 months pay slips for financial requirement for FLR (M), so my query is : I will apply in Dec 2019 for 10 Year Long Residence I guess my case will be in process so how can i show payslips ? as i will still be running my company by that time and as i said my company is already in loss!
My wife is sole trader she got only 4000 profit after deducting expenses per annum! so how can she show payslips , as she is not on payroll?
The question here is can you show the min financial requirement for FLR(M) with your current salary or not ??
I also gave you a link to the UKVI guide to read about all different ways you can satisfy the financial condition. I suggest you read through that properly :idea:
My other query is :
have i to show 6 months payslips every time when i apply for FLR M for my wife and for Long residence after that?
Yes, even during ILR under SET(M)
Secondly you said either need to apply two times FLR M 2.5+2.5 or complete 10 years individually ! As she came in 2013 so can she apply for 10 year Long residence in April 2023?
Yes
And is there right of appeal for FLR M pls?
I think so, given you will be settled in the UK under long residence by that time
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Rockey
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by Rockey » Mon Nov 12, 2018 10:19 am

Thankyou so much sir you are great.

I will go through your suggested link for financial requirement, i will ask again in case i dont understand after going through that link. currently i can fulfill the requirement of wages but i want to hire my wife in my company so that she can share half.


''Secondly you said either need to apply two times FLR M 2.5+2.5 or complete 10 years individually ! As she came in 2013 so can she apply for 10 year Long residence in April 2023?''

Zimba reply. Yes!

As you said YES for above query my problem looks to be sorted out! it means my wife and children have to apply for only one time FLR M (2.5 year) after that she can apply directly to ILR Residence on 10 year basis becz she came in 2013 and her current visa entrepreneur dependent extension will expire in 30 oct 2020 if she apply one more visa FLR M for 2.5 years and in that case her 10 years will completed by april 2023.
And she dont need to apply for ILR under SET(M)

is this my correct understanding pls?
Best Regards

Rockey

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zimba
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Re: Need advise for 10 years long residence after successful entrepreneur extension

Post by zimba » Mon Nov 12, 2018 1:25 pm

Yes. Assuming your wife can complete 10 years of continuous lawful residence by then she can apply under SET(LR). Then kids will be able to settle too as both parents have ILR then
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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