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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I'd like to know what exact papers relating to job creation

Resolved Question:

I'd like to know what exact papers relating to job creation I need to submit for Tier 1 Entrepreneur visa extension. I'd also like to know if my wife (45) doesn't pass ESOL and Life in the UK tests, what kind of visa she can apply for when I'll be applying for ILR.
Regards.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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Customer: replied 2 years ago.
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Customer: replied 2 years ago.
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Thanks.
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Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. In respect of the creation of jobs you would need an accountants letter verifying that jobs have been created. This letter should verify that there has been a net creation of jobs, and confirm the number
of posts. The accountant must be a member of one of the following professional bodies:
The Institute of Chartered Accountants in England and Wales (ICAEW), the Institute of Chartered Accountants in Scotland (ICAS), the Institute of Chartered Accountants in Ireland (ICAI); the Association of Chartered Certified Accountants (ACCA); and the Association of Authorised
Public Accountants (AAPA).
The letter must be an original document and contain the following
details:
 the name and contact details of the business;
 your status in the business;
 the number of posts created in the business and the hours worked;
 the dates of the employment created;
 the registration or permission of the accountant to operate in the United Kingdom;
 the date that the accountant created the letter on your behalf; and
 that the accountant will confirm the content of the letter to us at our request.
2. In respect of your wife, if she has a valid entrepreneur visa when you apply for ILR , then she may wish to continue on this visa until she passes her life in the UK test. If she is unable to pass the life in the UK test before the expiry of her visa then she would have no option but to switch to a spouse visa when you have obtained ILR. If you have not obtained ILR prior to the expiry of her visa then she would need to apply for discretionary leave to remain or apply for a Tier 2 visa on her own basis.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
Thank you for the reply. However, I need some more clarifications such as;- is only the accountant's letter sufficient for the ILR or I need to submit any other HMRC documents like FPS, Employer Payment Record, etc?
Regarding my wife, she is not on Tier 1 Entrepreneur visa. She has got the visa as my dependant (Tier 1 Ent Dependant). So, is she able to continue as my dependant without passing the Life in the UK Test? By the way, what are the conditions of descretionary leave to remain.
I look forward to your further clarification.
Kind regards.
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. If you have documents which corroborate the accountants letter then I would recommend that you submit them as well as part of your application for ILR, the more evidence you submit the easier it will be for the home office to acknowledge that you have created the required jobs.
2. Ideally she should switch from a dependent visa to either ILR or a spouse visa. The requirements for discretionary leave to remain would be evidence that you and your wife are residing together, letters in both your names or single names, tenancy agreement, bank statements, photographs, marriage certificate. Basically evidence that you and your wife have been residing together and are still in a relationship. What you need to be aware of is if she does switch into discretionary leave to remain she would need to complete 10 years lawful residency in the UK before applying for ILR. So the time spent in the UK as a Tier 1 dependent plus whatever years in the UK on discretionary leave to remain to make up the 10 years lawful residency.
I hope this clarifies the matter.I look forward to your rating
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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