Tier 1 Entrepreneur to ILR

[ashwolf]

Hello,

I am applying for ILR on the basis of completion of 5 years on Tier 1 Entrepreneur Visa. I have the following questions,

1. NHS surcharge- do we need to pay this for ILR application? also if we are not, is there any registration number etc we need to submit with application or covering letter?

2. My old Indian passport expired 8 months ago and got a new one from Birmingham. So you i need to submit my both passport with my ILR application? Please note all my international travel stamps are in old passport. Please suggest?

3. Further, Do i need to register my self or my new passport with the police? I have never had to register myself or my passport with the police ever before in the UK and never had issue getting student visa, PSW visa, and even extension to Tier 1 entrepreneur Visa.

4. Maintenance- Do i need to submit my personal bank statement with My ILR application? if yes, what is the minimum amount of funds and for how many days must be these maintained? Please so there are no dependents.

5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

6. Job creation- I have to show that i have created 2 Full time jobs for 12 months anytime during my last leave. Employee 1 works 50 hours a week , so this is fine. Employee 2 has worked 30 hours a week for 50 weeks for last 12 months ( total 1500 hours and not 1560 as they need it) as we only trade for 50 weeks. He has also taken full leave during MArch, so i cant even so show holiday pay, as these have been claimed and already added in 1500 hours. So would they consider him as a full time employee or not?

I Have 3rd part time employee who works 16 hours a week, is it safe/better to combine employee 2 and 3 to make up one full time job creation?
Please note all 3 employees started work in September 2015 and continue to work till date.

i would really appreciate if you could please answer these questions

Kind Regards,

Ash

[marcnath]

1. NHS surcharge- do we need to pay this for ILR application? also if we are not, is there any registration number etc we need to submit with application or covering letter ?

No IHS needed for ILR

2. My old Indian passport expired 8 months ago and got a new one from Birmingham. So you i need to submit my both passport with my ILR application? Please note all my international travel stamps are in old passport. Please suggest?

Yes, both need to be submitted

3. Further, Do i need to register my self or my new passport with the police? I have never had to register myself or my passport with the police ever before in the UK and never had issue getting student visa, PSW visa, and even extension to Tier 1 entrepreneur Visa.

Only if you have been asked to

4. Maintenance- Do i need to submit my personal bank statement with My ILR application? if yes, what is the minimum amount of funds and for how many days must be these maintained? Please so there are no dependents.

No maintenance requirement for ILR

5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

Yes, but no requirement on period

6. Job creation- I have to show that i have created 2 Full time jobs for 12 months anytime during my last leave. Employee 1 works 50 hours a week , so this is fine. Employee 2 has worked 30 hours a week for 50 weeks for last 12 months ( total 1500 hours and not 1560 as they need it) as we only trade for 50 weeks. He has also taken full leave during MArch, so i cant even so show holiday pay, as these have been claimed and already added in 1500 hours. So would they consider him as a full time employee or not?

I Have 3rd part time employee who works 16 hours a week, is it safe/better to combine employee 2 and 3 to make up one full time job creation?
Please note all 3 employees started work in September 2015 and continue to work till date.

This depends if you are pre April 2014 or post.
If you are post April 2014, then you are short of 2 weeks for Employee 2.
If you are pre April 2014, you can either use another 2 weeks of Employee 1 (assuming he/she has worked more than exactly 52 weeks) or the part-time employee to make up the 2 weeks

[fzp83]

HI
For question5: we can also submit a letter from bank confirming the company holds a uk business account, director and signatory details and that the account is used for business purposes.
I will prefer to submit a letter, which I’m going to do for my case as statements may raise some further queries. Few friends have submitted such letter with their applications and did not have any issues.
Rest already answered above.
Thanks

[marcnath]

HI
For question5: we can also submit a letter from bank confirming the company holds a uk business account, director and signatory details and that the account is used for business purposes.
I will prefer to submit a letter, which I’m going to do for my case as statements may raise some further queries. Few friends have submitted such letter with their applications and did not have any issues.
Rest already answered above.
Thanks

Yes, a bank letter will also work

[10020132]

As far as I am aware, Indian nationals HAVE to register with police even if not asked by home office as it is part of visa guidance. So when you apply you agree that I will register with police once I get visa so they don’t have to remind this to you

[raj.m]

As far as I am aware, Indian nationals HAVE to register with police even if not asked by home office as it is part of visa guidance. So when you apply you agree that I will register with police once I get visa so they don’t have to remind this to you

Indian nationals aren't required to register with the UK police.

[Celina]

Hello Everyone

Wed Mar 07, 2018 7:47 am
5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

I was under the impression that we do not need to send our business bank statements , as its not stated under the documents section . Is it mandatory to send it ?

[marcnath]

As far as I am aware, Indian nationals HAVE to register with police even if not asked by home office as it is part of visa guidance. So when you apply you agree that I will register with police once I get visa so they don’t have to remind this to you

From https://www.gov.uk/register-with-the-police

Check if you need to register
If you applied outside the UK
Check your visa ‘vignette’ (sticker in your passport). You must register if it has ‘Police registration’ or ‘Register with police in 7 days of entry’ on it.

If you applied inside the UK
Check the letter you get from the Home Office when your application’s approved. It will tell you if you must register.

[marcnath]

Hello Everyone

Wed Mar 07, 2018 7:47 am
5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

I was under the impression that we do not need to send our business bank statements , as its not stated under the documents section . Is it mandatory to send it ?

Check Business activity: specified documents in the guidance.

Bank statement is a specified document.

[ashwolf]

1. NHS surcharge- do we need to pay this for ILR application? also if we are not, is there any registration number etc we need to submit with application or covering letter ?

No IHS needed for ILR

2. My old Indian passport expired 8 months ago and got a new one from Birmingham. So you i need to submit my both passport with my ILR application? Please note all my international travel stamps are in old passport. Please suggest?

Yes, both need to be submitted

3. Further, Do i need to register my self or my new passport with the police? I have never had to register myself or my passport with the police ever before in the UK and never had issue getting student visa, PSW visa, and even extension to Tier 1 entrepreneur Visa.

Only if you have been asked to

4. Maintenance- Do i need to submit my personal bank statement with My ILR application? if yes, what is the minimum amount of funds and for how many days must be these maintained? Please so there are no dependents.

No maintenance requirement for ILR

5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

Yes, but no requirement on period

6. Job creation- I have to show that i have created 2 Full time jobs for 12 months anytime during my last leave. Employee 1 works 50 hours a week , so this is fine. Employee 2 has worked 30 hours a week for 50 weeks for last 12 months ( total 1500 hours and not 1560 as they need it) as we only trade for 50 weeks. He has also taken full leave during MArch, so i cant even so show holiday pay, as these have been claimed and already added in 1500 hours. So would they consider him as a full time employee or not?

I Have 3rd part time employee who works 16 hours a week, is it safe/better to combine employee 2 and 3 to make up one full time job creation?
Please note all 3 employees started work in September 2015 and continue to work till date.

This depends if you are pre April 2014 or post.
If you are post April 2014, then you are short of 2 weeks for Employee 2.
If you are pre April 2014, you can either use another 2 weeks of Employee 1 (assuming he/she has worked more than exactly 52 weeks) or the part-time employee to make up the 2 weeks

Macnarth thank you for answering the question. Luckily, i was Granted tier 1 entrepreneur Visa in 2013. So i will add 2 weeks hours from another employee to make up the emplyee no.2 full time hours.

[Napoleon77]

Hello Everyone

Wed Mar 07, 2018 7:47 am
5. Business Banks statement- I have to submit my business bank account statement as a part of genuine entrepreneur test. Is there any minimum requirement here like 3 month or 6 ? or it is mandatory to submit the entire leave period which was 2 years?

I was under the impression that we do not need to send our business bank statements , as its not stated under the documents section . Is it mandatory to send it ?

Check Business activity: specified documents in the guidance.

Bank statement is a specified document.

I was also under the impression that we do not need bank statements or letters when applying for ILR via Entrepreneur Visa.

Applying for ILR from Entrepreneur Visa is point based as follows-

20 points-Invested £50k in business
20 points- HMRC/Companies House evidence
20 points- Employee details
15 points- Not spent more than 180 days outside UK.

I don't think you get awarded points for bank statements or letters.

[marcnath]

I was also under the impression that we do not need bank statements or letters when applying for ILR via Entrepreneur Visa.

Applying for ILR from Entrepreneur Visa is point based as follows-

20 points-Invested £50k in business
20 points- HMRC/Companies House evidence
20 points- Employee details
15 points- Not spent more than 180 days outside UK.

I don't think you get awarded points for bank statements or letters.

The highlighted requirement seems to have an expanded requirement in the latest version.

The latest guidance includes this for that requirement:
(b) If you are a director of a UK company or member of a UK partnership, you must provide:
(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) your name, as a director or member,
(3) the date of your appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),
(ii) HM Revenue & Customs’ confirmation or equivalent evidence that the company is registered for corporation tax (if you are a director of the company), or that you are making tax returns within the self-assessment tax system (if you are a member of a partnership),
and
(iii) a business bank statement from a UK account which shows business transactions or a letter from the UK bank in question on its headed paper, confirming that the company or partnership has a bank account, that you are a signatory of that account, and that the company or partnership uses that account for the purposes of their business.
They have added the "and a business bank statement"

[fzp83]

Although, I agree with this and am submitting letter from bank with my application but is the above part of the guidance not taken from Initial/Extension section rather than ILR section?

[Napoleon77]

Although, I agree with this and am submitting letter from bank with my application but is the above part of the guidance not taken from Initial/Extension section rather than ILR section?

I think the part he quoted was from the Extension Section and not ILR which is page 39 of the current guidance although I would also include a bank letter when I apply for my ILR next month.

[marcnath]

Please read the section entitled Business activity: specified documents on page 32 of the guidance.

Yes, it is under the extension section but there is a clear reference to Table F of the settlement applications.

There are no separate Specified documents for ILR for any of the attributes that are common with extension - it has to be assumed the specified documents are the same.

[fzp83]

just read the guidance again with your post in mind and Yes it makes perfect sense. It means that the business bank statement/letter is compulsory. Thank you for clarifying this:)

[Sarim78]

Can anyone please provide format of bank letter as I went to branch and they said that provide us the format?

[raj.m]

Can anyone please provide format of bank letter as I went to branch and they said that provide us the format?

Hi, please find the content of my bank letter below:

We are writing to you about confirmation of a banking relationship.

We confirm Mr XXXX is listed the sole signatory for xxxxxx Ltd. The account xx-xx-xx xxxxxxxx has been held with HSBC Bank Plc since DD-MM-YYYY.

The XXXXX Ltd company account is used for the purpose of business for Mr XXXX.

[Sarim78]

Thanks raj.m for your response.

I requested bank for this letter but in they change the wording that this account is to be used for business purpose only.

Will it work ?