Credit sales: Tier 1 entrepreneur extension

Ah okay! Thank you so much Marcnath. Even if they ask me bank statements, I'll provide an explanation that I transferred the money on 17th evening but bank date will be next working day. Anyway you mentioned the date shouldn't be an issue. Even if they consider 20th, i have invested everything and hopefully they will consider that.

Hi Marcnath.

I have uploaded all documents and mr biometrics is in few days but I have an issue with a document. I have an employee who is from Italy and has settled status in the UK. I checked his right to work at the time. But I somehow can't find the right to work document. I don't know how i lost it. I have got his passport, NI and status outcome letter dated 2021 but not the rtw share code check. It mentions he has been granted a settled status but also says this letter can't be use to prove right to work. What can i do? Should i again print his right to work share code? The problem is it shows todays date then as date of check. What can i do? How can i explain home office he was legal to work even when I enrolled him for the job.

divchopra wrote: ↑

Wed Mar 08, 2023 8:12 am

Hi Marcnath.

I have uploaded all documents and mr biometrics is in few days but I have an issue with a document. I have an employee who is from Italy and has settled status in the UK. I checked his right to work at the time. But I somehow can't find the right to work document. I don't know how i lost it. I have got his passport, NI and status outcome letter dated 2021 but not the rtw share code check. It mentions he has been granted a settled status but also says this letter can't be use to prove right to work. What can i do? Should i again print his right to work share code? The problem is it shows todays date then as date of check. What can i do? How can i explain home office he was legal to work even when I enrolled him for the job.

Is there a requirement to provide the RTW check? As far as I am aware, it is not.

But how do i prove their status otherwise? He is on Italian passport. The home office letter mentions he has a settled status but on second page it also says "This letter is your written notification of leave, which you may wish to keep for your
personal records, but it is not proof of your status and cannot be used to prove your
status to others.
"

Im confused as to what document should i give for him now. What do you suggest?

divchopra wrote: ↑

Wed Mar 08, 2023 11:17 am

But how do i prove their status otherwise? He is on Italian passport. The home office letter mentions he has a settled status but on second page it also says "This letter is your written notification of leave, which you may wish to keep for your
personal records, but it is not proof of your status and cannot be used to prove your
status to others.
"

Im confused as to what document should i give for him now. What do you suggest?

Right to work check is not a proof of Settled status. So that will not help.

The guidance sets out the documents needed for an EEA national:
(d) Copies of any of the following documents which demonstrate that each employee has settled status in the UK:
(i) the biometric data page of a British or EEA passport showing the photograph and personal details of the employee;
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence document;

Hello Marcnath.

I got my visa in less than a month after Biometrics. There was no additional document asked or interview. I was tensed for no reason. I guess when the business is genuine, you don't need to worry! Thank you very much for all your help and inputs.

I want to ask a bit about my future applications. My tier 1 ent was approved on 17/02/2020. Ideally in Feb 2025 I should be able to apply for an ILR but I had more than 6 months absence from UK (October 2020 to July 2021). There were few reasons all surrounding covid. When I wanted to come back (my planned date) covid cases increased too much which actually postponed my wedding. Few family members including me got covid and there were then quarantine. And from April India got into the UK's red list. There was too much fear and nuisance especially after i got covid and was just not feeling great for almost a month. The flights were delayed, postponed, cancelled. Travel was risky and on top of that the quarantine system in UK was rubbish. It wasn't a normal time for anyone to leave anywhere really especially from India when thousands of people were dying. Do you think I can explain this to UKBA and apply for an ILR then even with the absence? Shouldn't they be considerate about a time when there was pandemic which influenced everyone's life. I have been in the UK on student visa and a GE Entrepreneur visa before this and never even had a 2 months absence from UK anytime. Even now i won't have that. It was only the year of covid when things were chaotic and risky. What do you think are chances of getting the ILR then?

divchopra wrote: ↑

Sat Apr 29, 2023 1:40 am

Hello Marcnath.

I got my visa in less than a month after Biometrics. There was no additional document asked or interview. I was tensed for no reason. I guess when the business is genuine, you don't need to worry! Thank you very much for all your help and inputs.

I want to ask a bit about my future applications. My tier 1 ent was approved on 17/02/2020. Ideally in Feb 2025 I should be able to apply for an ILR but I had more than 6 months absence from UK (October 2020 to July 2021). There were few reasons all surrounding covid. When I wanted to come back (my planned date) covid cases increased too much which actually postponed my wedding. Few family members including me got covid and there were then quarantine. And from April India got into the UK's red list. There was too much fear and nuisance especially after i got covid and was just not feeling great for almost a month. The flights were delayed, postponed, cancelled. Travel was risky and on top of that the quarantine system in UK was rubbish. It wasn't a normal time for anyone to leave anywhere really especially from India when thousands of people were dying. Do you think I can explain this to UKBA and apply for an ILR then even with the absence? Shouldn't they be considerate about a time when there was pandemic which influenced everyone's life. I have been in the UK on student visa and a GE Entrepreneur visa before this and never even had a 2 months absence from UK anytime. Even now i won't have that. It was only the year of covid when things were chaotic and risky. What do you think are chances of getting the ILR then?

Congratulations on getting the extension processed so quickly. You are right - most people with a genuine business should get through smoothly.

I haven't seen HO publish anything about exceptions for absence due to COVID. Since there is nothing official, it will be up to you if you want to try applying with relevant documents about your reasons. The worst case is that they reject it and lose the fees. You will be able to apply again early 2026.
But if travelling was allowed, it may be a little difficult to justify.
You just need to weigh the potential of losing the fees is worth getting ILR a few months earlier.

Thanks Marcnath!

You mentioned the worst case is losing the fees. I'm not bothered about that if the reward is ILR. But my question is isn't the worst case my file getting messed up? My current visa expires on 20th April 2025. Say if my ILR is rejected, what do I do after that? Do I continue applying for it? How would that effect my file. And what about the time when ILR is rejected and re-applied? Having said all this I really feel this is really unfair given covid. You're right in saying that flights were open but just because they are open doesn't mean they are safe and the whole travel. Why would anyone want to leave their safe space in covid! They should see my complete history. Anyway the main question being how do i go about it especially when tier 1 extension will end in July 2025. Also a side note is I really don't want to keep 2 Employees so want ILR quickly hopefully. I want to divert budget of one employee to branding agencies honestly!

divchopra wrote: ↑

Sun Apr 30, 2023 3:17 pm

Thanks Marcnath!

You mentioned the worst case is losing the fees. I'm not bothered about that if the reward is ILR. But my question is isn't the worst case my file getting messed up? My current visa expires on 20th April 2025. Say if my ILR is rejected, what do I do after that? Do I continue applying for it? How would that effect my file. And what about the time when ILR is rejected and re-applied? Having said all this I really feel this is really unfair given covid. You're right in saying that flights were open but just because they are open doesn't mean they are safe and the whole travel. Why would anyone want to leave their safe space in covid! They should see my complete history. Anyway the main question being how do i go about it especially when tier 1 extension will end in July 2025. Also a side note is I really don't want to keep 2 Employees so want ILR quickly hopefully. I want to divert budget of one employee to branding agencies honestly!

If your ILR is rejected in Feb, there is no impact on your current visa. Your extension continues to be valid until April 2025.
Yes, the ILR application deadline is April 2025, so your absence does pose a challenge.
HO may change it because COVID impacted businesses may not be able to meet that deadline either.
You may want to start talking to your MP now and see if the issue can be raised now. But typically they will make changes, if any at all, closer to the deadline.

Hi,

If I apply on 20th April, take my biometrics in say a month.. let's say 1st of June for the sake of conversation and get my decision in another 3 months i.e. 1st of September. If the decision is negative? What are my options? How do i delay this till next February/January when I'll be eligible for ILR if that's possible at all? (In case they don't consider my covid leave)

Also im a bit confused about what you said on MP. Im a unaware of that process or why it is to be used. My visas have been fairly easier so don't know few things around contacting MP.

divchopra wrote: ↑

Wed May 03, 2023 5:00 pm

Hi,

If I apply on 20th April, take my biometrics in say a month.. let's say 1st of June for the sake of conversation and get my decision in another 3 months i.e. 1st of September. If the decision is negative? What are my options? How do i delay this till next February/January when I'll be eligible for ILR if that's possible at all? (In case they don't consider my covid leave)

Also im a bit confused about what you said on MP. Im a unaware of that process or why it is to be used. My visas have been fairly easier so don't know few things around contacting MP.

Well, I think the criteria is that you should have completed 5 years on the date of application, so delays are not very useful.

I don't think there is any specific process for going through the MP. Find your local MP's contact details and start communicating your case with them

Hi Marcnath.

Pardon me for the late reply. I have been on a tour and was giving this a thought as well.

I'm very confused on what to do. Cuz there are a few reasons I want to get ILR and not extension. First is the employee salary. I don't want to keep one of the employees even now but I have to because of the rules. I'd rather spend that money on a PR agency and get business. If I apply for extension, it means continuing the employee for 3 years (2 years now and then 1 more year after extension for ILR). Secondly I will have to go through thr hassle of applying for visas again and again, paying the fees and IHS. It gets too much at times with all the visa process and formalities and the finances involved. I don't know if I should take chances with ILR and explain them that covid impacted all our lives. The mere fact that flights were operating doesn't mean anything when you're keeping yourself safe from something that could potentially take your life. I had no reasons to not be in the UK apart from covid. I haven't even had a 2 months straight break from UK in all my years here whether as a student or graduate entrepreneur or t1. It was only during covid time I was hesitant to come back and broke the continuous period. I don't know if it's fair to ask you this but can I apply for ILR on 20th April 2025 (last day of my extension) , take my biometrics in say 2 3 months. Lets say 1st July. I'm guessing the result would take 3 months. So If my ILR is rejected say on 1st october, where do i go from there technically? Cuz if i can reapply then it will mean my outcome of ILR application will come in about Jan feb which will finish my continuous period (considering section 3c will not break my continuous period). So the first question is, is that a good way and a logical way? Also I don't even know if we can re apply if ILR is rejected. Can i do something like this? Of course ideally I don't want to go through all this and hope that they will grant me covid leave and accept my application. This is just a backup in case something goes wrong. What do you think?

Apologies for jumping in, but have a similar concern to hours regarding the employees. You know that you only need to prove 2 jobs created for 12 months Each for ILR
So not 2 employees for 24moths