tier 1 extension and ilr

Hi experts i am on tier 1 general which i recieved in feb 2010 and got the extension in 2013
and now about to expire in feb 2015.will complete 5 years
my lawyer advised me to take one more extension and then next year apply on 10 year ilr.
coz i need my documents as i may have to travel soon and i have read many stories on this
forum about the differed peo app for ilr hence to avoid any waiting my lawyer advised me to apply second extension as it is more likely to approve same day and easy to get then ilr. i am self employed and meet all the criteria. i am willing to pay more for extension but cant afford to go on waiting.
on the other side i think may be my lawyer wants more business from me that is why he is advising to apply extension and then ilr so he could get more money from me.


experts/moderators please advise on my situation.

many thanks

Is your ILR application under Tier 1 (General) (245CD) complicated?
Do you have dependants?

i am self employed no complication. have 2 defendants wife who came to uk 6 months ago and newly uk born baby. but i will apply only for mying on the window and once i get it then will apply for my dependents through post.
have more holidays than usual, but within the limit.

If it's straight forward, then apply for SET(O) under Tier 1 (General), in-person. Wife may continue to extend as a PBS dependant.

Applying for SET(LR) under Long residence complicates matters for your wife. It will force her to apply for FLR(M) under Appendix FM, thereby resetting her qualifying period for SET(M).

See also Appendix FM-SE for the supporting documents they may expect from self-employed applicants. You may probably use the same documents to support your SET(O) application.

If you are granted ILR, then UK-born child is entitled to register for British citizenship directly.

alright thank for the advice
and if my ilr case got into waiting or any query, would i able to withdraw it and re apply same day for extension?

Fill in both forms, for further and indefinite leave, for readiness. If there's a problem with indefinite leave, then ask the caseworker to vary your ILR application to further leave.

vinny wrote:Fill in both forms, for further and indefinite leave, for readiness. If there's a problem with indefinite leave, then ask the caseworker to vary your ILR application to further leave.

Interesting.

Not sure this can legally be done on the counter.

Prior to the application been processed, he will be asked which one he wishes to proceed with, and if the one he wishes to proceed with fails, then there is nothing to vary.

If it's delayed for further consideration, then it should be possible.

vinny wrote:If it's delayed for further consideration, then it should be possible.

Yeah , most certainly. I agree with that.

jaykay1618 wrote:Hi experts i am on tier 1 general which i recieved in feb 2010 and got the extension in 2013
and now about to expire in feb 2015.will complete 5 years
my lawyer advised me to take one more extension and then next year apply on 10 year ilr.
coz i need my documents as i may have to travel soon and i have read many stories on this
forum about the differed peo app for ilr hence to avoid any waiting my lawyer advised me to apply second extension as it is more likely to approve same day and easy to get then ilr. i am self employed and meet all the criteria. i am willing to pay more for extension but cant afford to go on waiting.
on the other side i think may be my lawyer wants more business from me that is why he is advising to apply extension and then ilr so he could get more money from me.


experts/moderators please advise on my situation.

many thanks

it is not true that second extension is easier to get approved same day than ILR

I have seen just as much problems people had with second extensions as they did with ILR

you can improve your odds with avoiding particularly problematic PEOs, more so than by filing a different application

vinny wrote:If it's delayed for further consideration, then it should be possible.

Yeah , most certainly. I agree with that.

In OP's case, it appears the solicitor is very pessimistic about his prospect, for reasons unclear to pay, and appear to be seeking to drag him on to an unnecessary path that could have significant impact on his dependent.

Not sure why. Then again it is hard to understand the mental processing system in the minds of some of these representatives sometimes.

vinny wrote:If it's delayed for further consideration, then it should be possible.

sure, it should, but would they have a procedure in place to collect extra fee right there?
although I imagine if it gets delayed for further enquiries he does not even have to vary it right there
he can go home and vary it by post by writing to them the same day enclosing the cheque

Obie wrote:

vinny wrote:If it's delayed for further consideration, then it should be possible.

Yeah , most certainly. I agree with that.

In OP's case, it appears the solicitor is very pessimistic about his prospect, for reasons unclear to pay, and appear to be seeking to drag him on to an unnecessary path that could have significant impact on his dependent.

Not sure why. Then again it is hard to understand the mental processing system in the minds of some of these representatives sometimes.

or maybe he just wants to charge him more than once?

Press your solicitor to clarify why your ILR application under Tier 1 (General) may fail.

sagareva wrote:

Obie wrote:

vinny wrote:If it's delayed for further consideration, then it should be possible.

Yeah , most certainly. I agree with that.

In OP's case, it appears the solicitor is very pessimistic about his prospect, for reasons unclear to pay, and appear to be seeking to drag him on to an unnecessary path that could have significant impact on his dependent.

Not sure why. Then again it is hard to understand the mental processing system in the minds of some of these representatives sometimes.

or maybe he just wants to charge him more than once?

That will break all the rules of ethics.

On the other hand, the interest of client is not on their priority list these days.

to the OP

generally there are three main aspects to the Tier 1 ILR application
1) your points for previous income
2) your life in the Uk and English
3) you absences

(1) is the main sticky point that causes further enquiries, and it is also the most usual sticky points for self-employed people.
your main risk is always on this one and this is exactly the same for ILR and Tier 1 extension. i have even seen second extensions fall under more scrutiny with the genuine income provisions

The only reason why ILR application can be more risky is if you have excessive absences of more than 180 days in any year. if this is your case, you need to tell us more details.

If you do not have excessive absence problem or life in the UK test problem, then there is no reason to suggest that set(o) will be a problem for you more so than a tier 1 extension

by and large, long residence applications are more problematic than set(o) based on tier 1

alright thank you very much for all of yo advice, i have told my lawyer today that i am applying for the ilr not the extension. if there a delay then extension. i will update you with the outcome.

does any one know which documents needed to answer this question in set o application of ilr


"if you are self-employed, you should provide evidence of the progress of the business."

i am self employed and showing my accountants letter, profit loss and earning of past 12 months ie 35k. but i cant show the progress of my business. should i provide some thing more

See also Chapter 6a Section 1 – Settlement – Tier 1.

Appendix A.

thank you
i am self employed sole trader get the commission from the company i have attached these doc

bank statement
accountant letter confirming my earning of past 12 month
commission statements of last one year from the company of past 12 months

do i need invoices as well of each payment came into my acc? though commission statement by
the company shows all the payments.