Tier 1 Entrepreneur - ILR Application

[Maros]

Good morning everyone,

I have received my tier 1 extension in January 2022 and now I am applying for my ILR application. When I sent my accounts to home office to receive my extension I had shown that £200,000 were invested and spent and provided a clear breakdown with invoices for it and also it was shown in the directors loan account with my name on it in a note on the company's accounts at year end when it was prepared by the accountant. After that I made drawings from company and it brought the directors loan account below £200,000 on the latest accounts.

Would I need to reinvest money into the business to top-up my directors loan account again now and produce new management accounts to show it to be able to get my ILR? Also if I do this could they refuse it on the basis of not being genuine or anything like this?

My business currently is operating well and being profitable and employing more than 10 people. Your advice on this matter will be highly appreciated. Thank you in advance.

[zimba]

If you demonstrated you already invested 200K in your business during extension, you do not need to demonstrate that during ILR. This has nothing to do with your business operating as a genuine business or not

[Maros]

Hi Zimba,

Thank you so much for your reply. Yes I have demonstrated that all £200,000 has been invested and spent in the business.

So just to confirm if I submit the latest company accounts to them showing that director loan account has been reduced from a high of £200,000 it won't affect their decision or would I need top up. I am just not sure if it is a requirement to keep the directors loan account untouched. Thank you again.

[zimba]

Hi Zimba,

Thank you so much for your reply. Yes I have demonstrated that all £200,000 has been invested and spent in the business.

So just to confirm if I submit the latest company accounts to them showing that director loan account has been reduced from a high of £200,000 it won't affect their decision or would I need top up. I am just not sure if it is a requirement to keep the directors loan account untouched. Thank you again.

You are not required to submit any investment evidence unless asked. There is no such requirement at all

[Maros]

I am really sorry about this but if I submit my latest accounts would they question me on the directors loan account asking why it has dropped?

[zimba]

I am really sorry about this but if I submit my latest accounts would they question me on the directors loan account asking why it has dropped?

There is no such requirement so I am not sure why you keep asking this

[Maros]

I was only asking again because my solicitor is insisting to reinvest 50k to bring the directors loan account on the accounts to 200k

[zimba]

I was only asking again because my solicitor is insisting to reinvest 50k to bring the directors loan account on the accounts to 200k

I am not sure why you pay and hire a solicitor you cannot trust

[Maros]

Would submitting my unaudited accounts for the year help show I am a genuine enterpnuer or it has no effect?

[Maros]

Also a question with regards to the RTI FPS, my employees who I am relying on for the 2 jobs have started with me in 2019 and the for.ar of the RTI FPS at this time didn't have the start date of employee's. Is it an issue not having the employee start date on the RTI FPS?

[Maros]

I am applying for ILR and when checking the government guidelines I found the following: ''The applicant must provide evidence for each worker of employment created this must show they are reporting Pay As You Earn (PAYE) income tax appropriately to HMRC and have done so for the full period of employment for which points are being claimed. They must provide printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC. These types of submissions have been mandatory for all reporting from 6 October 2013. 


The evidence above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business.''


I have checked with my accountant and he said that start date cannot be added on the RTI FPS. Usually it only has the date of new starters on it but not start date of each employee as a fixed date. The 2 employees I am using have started with me in 2019 so even when I went back to the RTI from those times the format didn't have start date on it. Would that be an issue and can start date be added as a field on the RTI FPS. Please advise me.

[Poliyar]

As I know the starting and leaving dates are included in the relevant month's report. No issues here.

[Maros]

Can an admin help with my query please

[zimba]

XML RTI submissions should have the start date on them. I attached a sample FPS submission for you to see

[Humaira06]

Is this the new format for RTI / FPS submission now a days?

[Maros]

Hello everyone,

I am on Tier 1 visa currently at the end of my extension and applying for ILR. I have a question with regards to the evidence I need to provide for maintaining 2 jobs for 12 months during my current leave. For one of the jobs can I use 2 employees who had different titles (different roles) at the company to complete the 12 months or both employees need to have the same role in the company? - Employee number 1 who had a senior role was employed from period of September 2021 till October 2022 and employee number 2 who had an entry role started at February 2023 till now. I am planning to use employee number 1 from February 2022 till September 2022 (8 months) and then use employee number 2 from February 2023 till May 2023 (4 months), both together (12 months). The main reason I am doing this is because my current leave started in January 2022.

Also when submitting the payslips for each employee do we submit payslips only for the period we are relying on or for their whole employment period?

Would greatly appreciate all the support from everyone. Thanks in advance.

[zimba]

No. The requirement is not about employees but about roles/positions in your company. You cannot combine employment across different roles/positions to score points. You need at least two roles/positions in your company that have been maintained for at least 12 months each. The title of the roles does not matter, e.g. you can have two different roles (manager, sales) or two roles with the same title (sales, sales). Only the number of roles created or maintained matters.

In each role/position, one or more employees can be employed over that 12-month period and such a 12-month period does not need to be continuous. For example, an employee can join and work in a position for 4 months only, then this position remains vacant for another 3 months and then a new employee joins and works in the position for another 8 months, so in total you had employees in that position for 12 months. This satisfies the requirement

You submit payslips covering only the periods you are claiming. For new employees, you need to also submit RTI/FPS showing the start date.

[Maros]

Thank you so much Zimba for your answer and support. I have submitted my application and went to my appointment for my passport scan and give in my biometrics. My current leave expires by end of January 2024, am I allowed to travel during that period?

[CR001]

Thank you so much Zimba for your answer and support. I have submitted my application and went to my appointment for my passport scan and give in my biometrics. My current leave expires by end of January 2024, am I allowed to travel during that period?

If you travel out of the uk, your apllication will be considered withdrawn and you lose your fees.

[Maros]

Good morning everyone,

I really have an urgent matter and need to travel it is very essential for my business. I do have my passport with me and my BRP and it expires in March 2023. Would I be able to travel and come back if it is only for a week?

I do have an application with the home office that they still haven't made a decision on.

[AmazonianX]

Good morning everyone,

I really have an urgent matter and need to travel it is very essential for my business. I do have my passport with me and my BRP and it expires in March 2023. Would I be able to travel and come back if it is only for a week?

I do have an application with the home office that they still haven't made a decision on.

As earlier advised,

1. If you travel your application will be taken as withdrawn.

2. Without a valid BRP airline personnel will most likely not allow you to board aircraft as nothing to show you have immigration status in UK.

[Ticktack]

Good morning everyone,

I really have an urgent matter and need to travel it is very essential for my business. I do have my passport with me and my BRP and it expires in March 2023. Would I be able to travel and come back if it is only for a week?

I do have an application with the home office that they still haven't made a decision on.

As earlier advised,

1. If you travel your application will be taken as withdrawn.

2. Without a valid BRP airline personnel will most likely not allow you to board aircraft as nothing to show you have immigration status in UK.

I'm sure OP meant expires in March 2024. OP only just applied for ILR is September a couple of months ago.
@Maros, if you even travel out of the UK and the CTA for 1 day, you can kiss your application and money good bye. Then you go back to the drawing board when you come back. Seems you still have extant leave.
So the choice is entirely yours to make.