Tier 1 Entrepreneur ILR

[joanna123]

Hello all
I hope someone can clarify this question for me.
I am due to apply for ILR under 5 year tier 1 entrepreneur category but i am confused about how to answer question 5.3 under Your Home and Finances.
The question asks "Are you working in the UK?". I am a director of my own company so should i answer yes or no here.
Also, it further asks 'If so, what is your pay each month after income tax and other deductions". As i run my own business, i pay myself very minimal monthly salary and other income is based on dividends depending on how well the business is doing and this is not on a monthly basis. I am therefore confused how to answer this question and provide evidence of my ability to sustain myself.
I will be grateful for suggestion from others in the same situation who have completed their own applications.
Thank you.

[joanna123]

Any help with these please?

[raj.m]

Hello all
I hope someone can clarify this question for me.
I am due to apply for ILR under 5 year tier 1 entrepreneur category but i am confused about how to answer question 5.3 under Your Home and Finances.
The question asks "Are you working in the UK?". I am a director of my own company so should i answer yes or no here.
Also, it further asks 'If so, what is your pay each month after income tax and other deductions". As i run my own business, i pay myself very minimal monthly salary and other income is based on dividends depending on how well the business is doing and this is not on a monthly basis. I am therefore confused how to answer this question and provide evidence of my ability to sustain myself.
I will be grateful for suggestion from others in the same situation who have completed their own applications.
Thank you.

I am on the same route and will be applying for my ILR next month. I will be answering the question with a "yes". I will just provide clarification in my cover letter that I have answered "yes" to the question as I am the director of the company and I withdraw a salary.

[zimba]

That question is not that important. Just say yes

[joanna123]

Hello all

I wanted to see if there is any more information on the issue of sending corporation tax letter and business bank statement.
I sent in my application in early March and have received a refusal because I did not send in the corporation tax letter and business bank statement. Like many others it was my understanding at the time that these were not a requirement for ilr application. I want to make an admin review now but not sure what to base it on as it appears to be in the rules now.

Does anyone know if this rule was recently changed and if so when?
Has anyone recently got approved without this documents or got a rejection?
I would really appreciate any quick response as I only have 3 more days to complete admin review.
Thanks so much in advance.

[CR001]

Kindly keep all your Tier 1 Ent ILR questions in your own topic. Your post you tagged onto another members thread has been merged with your previous topic (all here in this thread).

[zimba]

Success case: indefinite-leave-to-remain/ilr-approved ... l#p1621214

[regularuser]

Hi joanna123

Sorry for refusal.

Can you please share your refusal reason exactly what is the wording?
so you can get a correct advise, so far you are the first one in this forum reported as refused in this category.

[marcnath]

Hello all

I wanted to see if there is any more information on the issue of sending corporation tax letter and business bank statement.
I sent in my application in early March and have received a refusal because I did not send in the corporation tax letter and business bank statement. Like many others it was my understanding at the time that these were not a requirement for ilr application. I want to make an admin review now but not sure what to base it on as it appears to be in the rules now.

Does anyone know if this rule was recently changed and if so when?
Has anyone recently got approved without this documents or got a rejection?
I would really appreciate any quick response as I only have 3 more days to complete admin review.
Thanks so much in advance.

You appear to to be the second person in this forum who was refused on this basis.

The rules changed this January.

uk-tier-1-entrepreneur-visas/document-s ... ?hilit=ilr should give some ideas for your AR argument.

[entruk]

I think the point in AR would be that there are discrepancies in SeT (O) form and guidance. Form ask one thing and guidance demands other. In the presence of Question A2 this refusal reason is not valid. Why applicant would submit extra docs or refer to guidance when something is very clear in the Form.

I believe the guidance updated quite recently and those changes are still not reflecting in the Forms.

[sm12]

I think the point in AR would be that there are discrepancies in SeT (O) form and guidance. Form ask one thing and guidance demands other. In the presence of Question A2 this refusal reason is not valid. Why applicant would submit extra docs or refer to guidance when something is very clear in the Form.

I believe the guidance updated quite recently and those changes are still not reflecting in the Forms.

A friend of mine who submitted the online form said that in the checklist, there was no mention of sending business bank statements or corporation tax documents.

[marcnath]

I think the point in AR would be that there are discrepancies in SeT (O) form and guidance. Form ask one thing and guidance demands other. In the presence of Question A2 this refusal reason is not valid. Why applicant would submit extra docs or refer to guidance when something is very clear in the Form.

I believe the guidance updated quite recently and those changes are still not reflecting in the Forms.

These discrepancies happen whenever changes are made.

In most cases, HO will look upon it favourably in the AR and decide in favour of the applicant.

Having said that, it would be difficult to demand that just because the form does not include a check box for that document, you don't need to submit it.

There are no check boxes for any genuineness related documents but almost all applicants submit a set of documents after reading the guidance.

[sm12]

Does anyone know if this rule was recently changed and if so when?
Has anyone recently got approved without this documents or got a rejection?
I would really appreciate any quick response as I only have 3 more days to complete admin review.
Thanks so much in advance.

Did you go for AR or a fresh application?

[sm12]

A friend of mine who submitted the online form said that in the checklist, there was no mention of sending business bank statements or corporation tax documents.

These discrepancies happen whenever changes are made.

In most cases, HO will look upon it favourably in the AR and decide in favour of the applicant.

Having said that, it would be difficult to demand that just because the form does not include a check box for that document, you don't need to submit it.

There are no check boxes for any genuineness related documents but almost all applicants submit a set of documents after reading the guidance.

My friend showed this checklist to me today, and it is different from the paper form. In the paper form, you are expected to write the list of documents (other than the passport, photos, etc) yourself, while the online form actually gives you the full list you have to submit it seems. The checklist that he received had documents like companies house report, payslips, fps, etc all listed, but there was no mention of corporation tax documents or business bank statements. And it says that you must submit the below checklist or the application may be refused. So it's really strange that these mandatory documents are missing.
I guess someone applying for AR based on an online form could use this argument (among others), but I suppose it's unlikely that someone who applied using the paper form can make any reference to this checklist.

[waseem84]

I beleive if its the same route than doesnt matter you apply online or by post rules should be same . CW should access each application according to guidance given to them nor the way how you apply .

[sm12]

I beleive if its the same route than doesnt matter you apply online or by post rules should be same . CW should access each application according to guidance given to them nor the way how you apply .

The requirements are the same, but the online form comes with a checklist that is relevant to tier 1 entrepreneur, whereas on the paper form, you complete the list yourself.

[waseem84]

Let see , i think this will be cleared for everyone once OP AR decision comes.

@joanna123 please do share your AR decision , this will be helpful for many . Thanks

[moongesture]

The decision will be based upon relevant immigration rules which required business activity documents while in case of refusal no claim will be acceptable based on application checklist. Its always the immigration rules which need to be followed and supersede any guideline/checklist until sectary of state exercises his/her discretionary powers otherwise.

[sky_rise]

I think the point in AR would be that there are discrepancies in SeT (O) form and guidance. Form ask one thing and guidance demands other. In the presence of Question A2 this refusal reason is not valid. Why applicant would submit extra docs or refer to guidance when something is very clear in the Form.

I believe the guidance updated quite recently and those changes are still not reflecting in the Forms.

A friend of mine who submitted the online form said that in the checklist, there was no mention of sending business bank statements or corporation tax documents.

hey i just wanted to add clarification if that might help argue the case etc: i have applied 2 weeks ago fir ILR and in filled in online form. in the checklist, there WAS a demand to submit corporation tax document. i cant remember about bank statements though as a specific doc on checklist.

hope this helps!
SR

[sm12]

I think the point in AR would be that there are discrepancies in SeT (O) form and guidance. Form ask one thing and guidance demands other. In the presence of Question A2 this refusal reason is not valid. Why applicant would submit extra docs or refer to guidance when something is very clear in the Form.

I believe the guidance updated quite recently and those changes are still not reflecting in the Forms.

A friend of mine who submitted the online form said that in the checklist, there was no mention of sending business bank statements or corporation tax documents.

hey i just wanted to add clarification if that might help argue the case etc: i have applied 2 weeks ago fir ILR and in filled in online form. in the checklist, there WAS a demand to submit corporation tax document. i cant remember about bank statements though as a specific doc on checklist.

hope this helps!
SR

Hi
My friend applied just after the form became available. In his list, there was no mention of the corporation tax document. Maybe it was added after he submitted it? Strange.

[entruk]

Its the form itself which asks to submit just the CH report to prove the engagement and nothing else.

Also, I think they have just modified the guidance again in last one week or so (may be after reading this thread) to include the highlighted part. I didn't find this in proposed amendment. You do not need to provide evidence of (i) if you were awarded points for this in your last successful Tier 1 (Entrepreneur) application. You must still evidence of (ii).

[joanna123]

Thank you everyone for your contributions. Yes I submitted the AR based on all of the arguments mentioned. I will update you all once decision is received.
Best regards.

[marcnath]

Its the form itself which asks to submit just the CH report to prove the engagement and nothing else.

Also, I think they have just modified the guidance again in last one week or so (may be after reading this thread) to include the highlighted part. I didn't find this in proposed amendment. You do not need to provide evidence of (i) if you were awarded points for this in your last successful Tier 1 (Entrepreneur) application. You must still evidence of (ii).

Where did you find an updated guidance document ?

The one on https://www.gov.uk/government/publicati ... trepreneur was last updated in April, not one week back.

[entruk]

Dear Marcnath,

Sorry for any confusion caused

I didn't say updated guidance, I said this was not available in the proposed changes (or statement of changes).

I was referring the table 6 in the following link Page 43.

https://assets.publishing.service.gov.u ... _PRINT.pdf

[waseem84]

Thank you everyone for your contributions. Yes I submitted the AR based on all of the arguments mentioned. I will update you all once decision is received.
Best regards.

hi joanna123,

have you got any update regarding your AR?