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Advice for Set (O) question please

Posted: Thu Aug 22, 2019 3:42 pm
by AANA
My Tier 1 entrepreneur partner and i are about to apply for ILR on the 5 year route and are having a small issue understanding a question on the online Set (O) application form.

Created 2 full-time equivalent jobs
Have you created 2 or more full-time jobs in the UK? YES

What date did you begin submitting Real Time information to HMRC? (Required)
01/11/2014

Are you the sole partner or director in your business? (Required) ??? NO
Tier 1 (Entrepreneur) migrants investing in the same business who are not part of an entrepreneurial team may not use the same evidence of job creation. By entrepreneurial team members, we mean people applying under this provision of the Immigration Rules.

Partner or director details
This should not include your entrepreneurial team member (if applicable). You will be able to add details of any additional partners or directors after you click 'Save and continue'.

Is this partner or director a Tier 1 (Entrepreneur) migrant????

My tier 1 partner IS also a director in all of our companies but it is saying on the director/partner details NOT to include entrepreneurial team members, i have read on other posts that the SET (O) has an option which says "is the other partner part of your entrepreneur team" but i am not getting this option??

We don;t want to put in the wrong info and then the job creation is not allowed for the 2nd team member

Any help and advice would be greatly appreciated

Many Thanks in advance

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 4:27 pm
by zimba
That is to include any OTHER partner/director who is not a part of the team. You and your team member will be able the same job creation evidence in your own separate applications.

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 4:29 pm
by AANA
Thanks Zimba

appreciate your reply

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 4:35 pm
by AANA
So just to make sure i have things right, what do i reply to the following questions?

Are you the sole partner or director in your business? (Required) IF NO

Then i add the other director details and this question comes up

Is this partner or director a Tier 1 (Entrepreneur) migrant?

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 5:18 pm
by zimba
Answer No

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 5:30 pm
by AANA
Thanks once again Zimba

This is what i have gone for..
i have used the additional information part to clarify

There seems to be a flaw within the application form that is confusing and i am unable to see a way around it without explaining the situation here.

My Tier 1 Business partner and i are both Tier 1 migrants and also directors of our companies and we are both using the same 2 jobs created as evidence.
As we are both directors i have answered NO to the "Are you the sole partner or director in your business?", i have then filled in her details in the Partner or director details as it does not allow blank fields, even though it says
This should not include your entrepreneurial team member (if applicable). You will be able to add details of any additional partners or directors after you click 'Save and continue'.

Just to clarify we are BOTH part of the same Entrepreneurial Team.

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 5:33 pm
by zimba
Your records show you are part of the team. So your application will not be refused for using the same job creation evidence regardless of the form data. You are overthinking this

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 7:03 pm
by CULLINAN
Nothing to worry. This seems to be a confusing flaw in the online form. Just clarify in the cover letter.

Re: Advice for Set (O) question please

Posted: Thu Aug 22, 2019 11:03 pm
by AANA
Thank you.. i know i am being over cautious

i am still a little scarred from last time, my/our extension was initially refused as the case worker did not allow 2 jobs to be merged to make one full time job. a lot of stress while waiting for the admin review which Alhumdulillah was successful