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ILR main and dependent application Tier 1E

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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msx273
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Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

ILR main and dependent application Tier 1E

Post by msx273 » Mon Aug 07, 2023 4:49 pm

Dear Mods and Experts,

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise

Also please let me if there is any documents missing to apply for ILR

LIUK test,
IELTS UKVI Academic,
Maintaining two jobs for 1 year prior applying for ILR,
Business Bank statement for 3 months prior to application,
Accounts and payslipts of staffs

I entered UK on 3rd week of September 2019 and my visa was issued on 3rd week of August 2019, can i apply for visa on 3rd week of September 2024 or I can apply a monty earlier than that

I came first and my family came 3 weeks later i arrived

Thanking you in advance.

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zimba
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Re: ILR main and dependent application

Post by zimba » Mon Aug 07, 2023 5:02 pm

You may apply earlier if you want. The ILR qualifying period starts from the first visa APPROVAL date for all Tier 1E applicants and their dependents. You count five years ahead from that date, minus 28 days. That is the earliest date that you are eligible for ILR. The date of entry to the UK is irrelevant.

The job creation requirement is exactly the same as the extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
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Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application

Post by msx273 » Mon Aug 07, 2023 5:54 pm

Thank you Zimba,

How about below

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise

Also please let me if there is any documents missing to apply for ILR

LIUK test,
IELTS UKVI Academic,
Maintaining two jobs for 1 year prior applying for ILR,
Business Bank statement for 3 months prior to application,
Accounts and payslipts of staffs


I came first and my family came 3 weeks later i arrived
zimba wrote:
Mon Aug 07, 2023 5:02 pm
You may apply earlier if you want. The ILR qualifying period starts from the first visa APPROVAL date for all Tier 1E applicants and their dependents. You count five years ahead from that date, minus 28 days. That is the earliest date that you are eligible for ILR. The date of entry to the UK is irrelevant.

The job creation requirement is exactly the same as the extension

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Mon Aug 07, 2023 7:06 pm

I already answered that. You can apply first
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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marcnath
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Re: ILR main and dependent application

Post by marcnath » Tue Aug 08, 2023 10:24 am

msx273 wrote:
Mon Aug 07, 2023 5:54 pm
Thank you Zimba,

How about below

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise

Also please let me if there is any documents missing to apply for ILR

LIUK test,
IELTS UKVI Academic,
Maintaining two jobs for 1 year prior applying for ILR,
Business Bank statement for 3 months prior to application,
Accounts and payslipts of staffs


I came first and my family came 3 weeks later i arrived
zimba wrote:
Mon Aug 07, 2023 5:02 pm
You may apply earlier if you want. The ILR qualifying period starts from the first visa APPROVAL date for all Tier 1E applicants and their dependents. You count five years ahead from that date, minus 28 days. That is the earliest date that you are eligible for ILR. The date of entry to the UK is irrelevant.

The job creation requirement is exactly the same as the extension
IELTS, 3 months Business bank statements and accounts are not mandatory - no harm submitting.

However, there are more documents to submit for business activity:


(a) If you are self-employed you must provide:
(i) evidence of your registration with HM Revenue & Customs to show your business is based in the UK, and showing you were registered within the three months before the date of the application,
(ii) HM Revenue & Customs evidence that you are making tax returns within the selfassessment tax system, and
(iii) a personal bank statement showing transactions for your business, or a business bank statement, or a letter from a UK-regulated financial institution, on the institution’s headed paper, confirming that you have a business and act through that bank for the purposes of that business.
(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.
(c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

msx273
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Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application

Post by msx273 » Tue Aug 08, 2023 1:15 pm

Thank you so much Marcnath,

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise

marcnath wrote:
Tue Aug 08, 2023 10:24 am
msx273 wrote:
Mon Aug 07, 2023 5:54 pm
Thank you Zimba,

How about below

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise

Also please let me if there is any documents missing to apply for ILR

LIUK test,
IELTS UKVI Academic,
Maintaining two jobs for 1 year prior applying for ILR,
Business Bank statement for 3 months prior to application,
Accounts and payslipts of staffs


I came first and my family came 3 weeks later i arrived
zimba wrote:
Mon Aug 07, 2023 5:02 pm
You may apply earlier if you want. The ILR qualifying period starts from the first visa APPROVAL date for all Tier 1E applicants and their dependents. You count five years ahead from that date, minus 28 days. That is the earliest date that you are eligible for ILR. The date of entry to the UK is irrelevant.

The job creation requirement is exactly the same as the extension
IELTS, 3 months Business bank statements and accounts are not mandatory - no harm submitting.

However, there are more documents to submit for business activity:


(a) If you are self-employed you must provide:
(i) evidence of your registration with HM Revenue & Customs to show your business is based in the UK, and showing you were registered within the three months before the date of the application,
(ii) HM Revenue & Customs evidence that you are making tax returns within the selfassessment tax system, and
(iii) a personal bank statement showing transactions for your business, or a business bank statement, or a letter from a UK-regulated financial institution, on the institution’s headed paper, confirming that you have a business and act through that bank for the purposes of that business.
(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.
(c) Regardless of whether you are self-employed, a director or member, you must also provide:
(i) an overview of your business’s activity, including an explanation of the goods or services it provides to its customers or clients; and
(ii) your job title and job description, setting out your role within the company, how you are implementing your business plan and what your main tasks and responsibilities are in running the business on a day-to-day basis

meself2
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Re: ILR main and dependent application Tier 1E

Post by meself2 » Tue Aug 08, 2023 1:16 pm

You were given an affirmative answer already.
zimba wrote:
Mon Aug 07, 2023 7:06 pm
I already answered that. You can apply first
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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marcnath
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Re: ILR main and dependent application

Post by marcnath » Tue Aug 08, 2023 2:10 pm

msx273 wrote:
Tue Aug 08, 2023 1:15 pm
Thank you so much Marcnath,

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise


@Zimba already answered that - yes, you can. You can apply for your family any time until the date their visa expires
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

msx273
Senior Member
Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application

Post by msx273 » Tue Aug 08, 2023 2:43 pm

Thank you so much @zimba and @marcnath

marcnath wrote:
Tue Aug 08, 2023 2:10 pm
msx273 wrote:
Tue Aug 08, 2023 1:15 pm
Thank you so much Marcnath,

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise


@Zimba already answered that - yes, you can. You can apply for your family any time until the date their visa expires

msx273
Senior Member
Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application

Post by msx273 » Thu Aug 31, 2023 5:01 pm

Dear Mods and Experts,

I need your suggestion with two scenarios , also please recommend me which one is better

Scenario 1) If I apply for ILR for me and my dependents at the same time, what documents I need provide for my dependents, my child is in school and I beleive he is exempt from LIUK test and English test, how about my wife does she need LIUK and English test , beside that what all the documents requied for dependents.

Scenario 2 ) - What documents I need to submit if i apply for ILR for my dependents after getting my ILR,

Since I cannot use Super prioroity for my ILR, Can my depents use super prioroity service for ILR if they apply after I get my ILR.

Thanking you in advance

msx273 wrote:
Tue Aug 08, 2023 2:43 pm
Thank you so much @zimba and @marcnath

marcnath wrote:
Tue Aug 08, 2023 2:10 pm
msx273 wrote:
Tue Aug 08, 2023 1:15 pm
Thank you so much Marcnath,

Can I apply for ILR first and apply for my family later ?

We have our visa valid until mid of 2025, kindly advise


@Zimba already answered that - yes, you can. You can apply for your family any time until the date their visa expires

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Thu Aug 31, 2023 5:14 pm

Whether they apply with you or after you does not matter. Your spouse needs LIUK and English language evidence plus cohabitation evidence covering the last two years. Children do not need any of that
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application Tier 1E

Post by msx273 » Thu Aug 31, 2023 5:38 pm

Thank you so much Zimba, dependent dont need to submit any bank statement at all ?

For Cohabitation proof for last 2 years - what documents are accepted ?




zimba wrote:
Thu Aug 31, 2023 5:14 pm
Whether they apply with you or after you does not matter. Your spouse needs LIUK and English language evidence plus cohabitation evidence covering the last two years. Children do not need any of that

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Thu Aug 31, 2023 6:01 pm

Any evidence can be used like bank statements, bills, letters, etc. There is no specific document or requirement. The advice is 6 pieces of evidence, from min 3 sources
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
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Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application Tier 1E

Post by msx273 » Thu Aug 31, 2023 10:55 pm

Thank you so much Zimba, does the bank statement need to joint or it has be joint like how we have both our names on council tax bill, also rental agreement has both our names
zimba wrote:
Thu Aug 31, 2023 6:01 pm
Any evidence can be used like bank statements, bills, letters, etc. There is no specific document or requirement. The advice is 6 pieces of evidence, from min 3 sources

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Fri Sep 01, 2023 12:35 am

No, they do not need to have joint names. As I said there is no specific requirement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
Senior Member
Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application Tier 1E

Post by msx273 » Sun Sep 03, 2023 4:54 pm

Thank you so much Zimba, I really apprecaite it.

Just to reconfirm " For claiming points for job creation for ILR I can maintian the same two jobs which I relied on extension to be maintained for one year after the grant of extenion to meet the criteria to full fill job creation requirement right "

Have a nice weekend.


zimba wrote:
Fri Sep 01, 2023 12:35 am
No, they do not need to have joint names. As I said there is no specific requirement

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Sun Sep 03, 2023 7:02 pm

Maintain the same positions for another 12 months
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
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Posts: 685
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Re: ILR main and dependent application Tier 1E

Post by msx273 » Sun Sep 03, 2023 8:48 pm

You are *S*T*A*R, thanks Zimba
zimba wrote:
Sun Sep 03, 2023 7:02 pm
Maintain the same positions for another 12 months

msx273
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Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
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Re: ILR main and dependent application Tier 1E

Post by msx273 » Fri Oct 13, 2023 12:11 am

Dear Mods and Experts,

My spouse may need little extra time to take English and LIUK test so Im planning to apply for my ILR first.

My Son is under 18 born outside UK will compete his 5 years of continue stay in UK next year, can he apply for British citizenship afer I get ILR or he need to apply with his Mom until she takes her English and LIUK test , kindly advise

Thanking you in advance.
msx273 wrote:
Sun Sep 03, 2023 8:48 pm
You are *S*T*A*R, thanks Zimba
zimba wrote:
Sun Sep 03, 2023 7:02 pm
Maintain the same positions for another 12 months

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Fri Oct 13, 2023 12:33 am

Children do not have any residence requirements for ILR, so there is no 5-year requirement. Non UK-born children have NO entitlement to citizenship when a parent settles (that is only for the UK-born children). The child follows the same immigration path as the mother. They settle when both parents settle.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

msx273
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Posts: 685
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Re: ILR main and dependent application Tier 1E

Post by msx273 » Fri Oct 13, 2023 12:36 am

Thank you so much Zimba

zimba wrote:
Fri Oct 13, 2023 12:33 am
Children do not have any residence requirements for ILR, so there is no 5-year requirement. Non UK-born children have NO entitlement to citizenship when a parent settles (that is only for the UK-born children). The child follows the same immigration path as the mother. They settle when both parents settle.

msx273
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Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application Tier 1E

Post by msx273 » Wed Dec 06, 2023 1:39 pm

Dear Marcnath and Zimba,

I will stick to my topic here

@marcnath
Also can I apply for priorioty visa for my dependents after I get my ILR ?

" Imporant question - Im not on payroll yet and still managing day to day live through my consulting business which I have not used to claim point, does it makes any differnce when it comes to ILR ?

No, it should not. As long as your consulting business is not likely to fall foul of contract for service rules "

Could you please clarify the highlighted, what is mean by foul of contract for service rules

Thank you so much Marcnath

AmazonianX
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Re: ILR main and dependent application Tier 1E

Post by AmazonianX » Wed Dec 06, 2023 2:35 pm

msx273 wrote:
Wed Dec 06, 2023 1:39 pm
Dear Marcnath and Zimba,

I will stick to my topic here

@marcnath
Also can I apply for priorioty visa for my dependents after I get my ILR ? Where available yes.

" Imporant question - Im not on payroll yet and still managing day to day live through my consulting business which I have not used to claim point, does it makes any differnce when it comes to ILR ?

No, it should not. As long as your consulting business is not likely to fall foul of contract for service rules "

Could you please clarify the highlighted, what is mean by foul of contract for service rules

Thank you so much Marcnath

msx273
Senior Member
Posts: 685
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: ILR main and dependent application Tier 1E

Post by msx273 » Wed Dec 06, 2023 4:26 pm

Thank you AmazonianX, could you please advise what is mean by " foul of contract for service rules "



AmazonianX wrote:
Wed Dec 06, 2023 2:35 pm
msx273 wrote:
Wed Dec 06, 2023 1:39 pm
Dear Marcnath and Zimba,

I will stick to my topic here

@marcnath
Also can I apply for priorioty visa for my dependents after I get my ILR ? Where available yes.

" Imporant question - Im not on payroll yet and still managing day to day live through my consulting business which I have not used to claim point, does it makes any differnce when it comes to ILR ?

No, it should not. As long as your consulting business is not likely to fall foul of contract for service rules "

Could you please clarify the highlighted, what is mean by foul of contract for service rules

Thank you so much Marcnath

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zimba
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Re: ILR main and dependent application Tier 1E

Post by zimba » Wed Dec 06, 2023 4:39 pm

It means that you should not be working in the capacity of an employee for another business through your own established business entity. This arrangement is often known as the personal service company (PSC) and even specific tax rules (IR35 legislation) apply to them to prevent any NI tax avoidance. Seek legal help regarding your contracts to ensure the terms do not render your company a PSC
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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