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Posted: **Wed Sep 23, 2020 10:47 pm**

Dear everyone,

I came to UK on T1 entrepreneur visa in January of 2019. I would like to apply for ILR in January 2022 based on job creation criteria.

COVID made this very hard because my business is now down 70% in sales and I am not sure when will it recover. At the moment I have 7 employees and I am not sure when will I need more. However, before COVID I had 11 employees for 13 months (mid February 2019 to mid March 2020), which means that I had more than 10 full time jobs for more than 12 months during my latest (current) visa.

Can I apply for accelerated ILR even if i never reach 10 jobs from now until January 2022 when I am supposed to either apply for ILR or extend my visa?

Posted: **Thu Sep 24, 2020 1:04 am**

Yes you can apply for ILR

Posted: **Thu Sep 24, 2020 5:00 pm**

Dear Zimba,

Thank you for your answer! Just to make sure since it is my mistake the way I asked last question - I can apply by accelerated route?

I gave an example of having 6-7 employees until I apply, which might be confusing if I mean accelerated route or full 5 years.

Thank you very much!

Posted: **Thu Sep 24, 2020 8:14 pm**

Yes you can after 3 years

Posted: **Mon Sep 28, 2020 3:41 pm**

Dear Zimba,

Thank you very much again.

Can you please answer me one more thing, I read that Job created should have existed for 12 months or more, but for multiple jobs can it be any 12 months or it needs to be all at the same time?

Exact situation is that apart from all jobs that existed February - March, I also have 2 more jobs that existed August 2018 - February 2020, (these would be calculated from January 2019 since that is when I received my Tier 1 visa), but can I count these as well since they were more than 12 months during my current visa, but not at the same time as other jobs mentioned in my original post?

Thank you!

Posted: **Mon Sep 28, 2020 3:46 pm**

Olymp991 wrote: ↑
Mon Sep 28, 2020 3:41 pm
Dear Zimba,

Thank you very much again.

Can you please answer me one more thing, I read that Job created should have existed for 12 months or more, but for multiple jobs can it be any 12 months or it needs to be all at the same time?

Exact situation is that apart from all jobs that existed February - March, I also have 2 more jobs that existed August 2018 - February 2020, (these would be calculated from January 2019 since that is when I received my Tier 1 visa), but can I count these as well since they were more than 12 months during my current visa, but not at the same time as other jobs mentioned in my original post?

Thank you!

I suggest you go read the Tier 1E guide. There is NO requirement that jobs must have been created at the same time or such

Posted: **Fri Oct 09, 2020 2:24 am**

Dear Zimba,

Thank you once again for your clarification. I read the guidance and I came across this part regarding who counts as settled worker:

(d) Copies of any of the following documents which demonstrate that each employee has settled status in the UK:

(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national;

Can you please confirm if this means that someone who has BRP card and is not EEA national, but is married to EEA national and was married during the job period can be counted as well for job creation? And in order to prove this, I need to send BRP card of that person, their marriage certificate to EEA partner, and EEA partner's passport?

Thank you!

Posted: **Mon Oct 12, 2020 10:09 am**

Yes assuming they were here in the UK under EEA regulations (or EU settlement scheme)

Posted: **Sat Oct 30, 2021 5:38 pm**

Dear members,

I will soon be making my application based on tier 1 entrepreneur accelerated route. I had my topic but it is now locked as it was inactive for some time, which is why I am starting a new one. Old topic:

indefinite-leave-to-remain/accelerated- ... l#p1940184

So, just to be clear and avoid confusion - I did some forum research and I am aware of the post which explains how documents are submitted, the one from this topic:

british-citizenship/steps-to-follow-aft ... 14359.html

However, for some reason, I still find it hard to understand the exact process. In step 2 it says that upon submitting an application I can chose the appointment and upload documents, so my first question is - do I have to upload any documents at that time?

Then, it says that I can chose the appointment - do I first pay for the application and then I get options for standard appointments, priority and super priority decision? .

Next question - When do I chose super priority service? When chosing biometrics appointment, at any time before biometrics or at biometrics appointment?

Next - upon chosing my biometrics appointment time, do I have to chose any particular option to be able to self uload documents or that is considered as standard option?

Finally, if I upload document before biometrics, is it uploaded "forever" or it can be removed and reuploaded if I later see that I made a mistake?

Thank you. I honestly hope that team of this forum is aware how much they are helping people like me. This is extremely stressful. Thank you all!

Posted: **Sun Oct 31, 2021 11:18 am**

Explained before: indefinite-leave-to-remain/super-priori ... l#p2026375

Self-upload is the default option. You may finalise after upload but you also may let the UKVCAS do it on the appointment day

Posted: **Sun Oct 31, 2021 4:50 pm**

Zimba wrote: ↑
Sun Oct 31, 2021 11:18 am
Explained before: indefinite-leave-to-remain/super-priori ... l#p2026375

Self-upload is the default option. You may finalise after upload but you also may let the UKVCAS do it on the appointment day

Thank you for clarifying this!

In case super priority is not available at the time I am supposed to chose it (before I pay) can I try checking it latter / tomorrow or there is no point trying to check later?

Also, if I choose super priority, will I automatically get the closest slot for biometrics or I can chose one for example 7 days later (if it is available at that time) so I have some time to finish documents?

I am aware that for biometrics it is suggested to see over a few days about appointments, but I don't know if the same can be done for the type of service.

Thanks!

Posted: **Sun Oct 31, 2021 5:11 pm**

Super priority service has nothing to do with your UKCVAS appointment. It is not the appointment that is super priority. UKCVAS is a third party agent for identity check and biometrics only.

Super priority is a UKVI processing service

Posted: **Sun Oct 31, 2021 6:30 pm**

Ok, thanks. So, before I pay my application, and I have to chose service, if super priority is not there can I then check later (tomorrow, the next day etc) or to see if super priority appears or not?

Posted: **Sun Oct 31, 2021 6:39 pm**

Olymp991 wrote: ↑
Sun Oct 31, 2021 6:30 pm
Ok, thanks. So, before I pay my application, and I have to chose service, if super priority is not there can I then check later (tomorrow, the next day etc) or to see if super priority appears or not?

Yes!

Posted: **Mon Nov 01, 2021 12:03 am**

CR001 wrote: ↑
Sun Oct 31, 2021 6:39 pm

Olymp991 wrote: ↑
Sun Oct 31, 2021 6:30 pm
Ok, thanks. So, before I pay my application, and I have to chose service, if super priority is not there can I then check later (tomorrow, the next day etc) or to see if super priority appears or not?
Yes!

Thank you Olymp991 for asking the same questions as me

Posted: **Tue Nov 09, 2021 1:01 pm**

Hello everyone,

I was able to find that while I wait for my application decision I have the same status as I had previously to applying.

Can you please help me with this:

1. Can you confirm that application date is when I pay the form online, and not when biometrics are taken? Basically, if my visa is until 25. January, I can pay up until that day and then biometrics can be arranged after?

2. In case of refusal (for whatever reason), can I legally stay in the UK if I make new visa application as soon as possible after the refusal? How much time do I have to re-apply in that case?

Thank you!

Posted: **Tue Nov 09, 2021 1:30 pm**

Olymp991 wrote: ↑
Tue Nov 09, 2021 1:01 pm
Hello everyone,

I was able to find that while I wait for my application decision I have the same status as I had previously to applying.

Can you please help me with this:

1. Can you confirm that application date is when I pay the form online, and not when biometrics are taken? Basically, if my visa is until 25. January, I can pay up until that day and then biometrics can be arranged after? Correct

2. In case of refusal (for whatever reason), can I legally stay in the UK if I make new visa application as soon as possible after the refusal? How much time do I have to re-apply in that case? If current leave not lapsed, yes legal stay continues and reapplication within valid period. For refusal, the appeal rights you get will state number of days within which such can be lodged in country application 14days, outside application 28days

Thank you!

Posted: **Tue Nov 09, 2021 1:51 pm**

AmazonianX wrote: ↑
Tue Nov 09, 2021 1:30 pm

Olymp991 wrote: ↑
Tue Nov 09, 2021 1:01 pm
Hello everyone,

I was able to find that while I wait for my application decision I have the same status as I had previously to applying.

Can you please help me with this:

1. Can you confirm that application date is when I pay the form online, and not when biometrics are taken? Basically, if my visa is until 25. January, I can pay up until that day and then biometrics can be arranged after? Correct

2. In case of refusal (for whatever reason), can I legally stay in the UK if I make new visa application as soon as possible after the refusal? How much time do I have to re-apply in that case? If current leave not lapsed, yes legal stay continues and reapplication within valid period. For refusal, the appeal rights you get will state number of days within which such can be lodged in country application 14days, outside application 28days

Thank you!

Thank you for prompt response!

One more thing, in case of refusal and then application within those 14 days, my status is still tier 1 entrepreneur?

Also, if I get refused for ILR based on 10 jobs not meeting criteria, can I reapply for Tier 1 Entrepreneur extension (2 jobs created) or I must reapply again for ILR based on accelerated route?

Posted: **Tue Nov 09, 2021 4:22 pm**

@AmazonianX Tier 1E does not have appeal rights.

If your in-time application is refused and your visa has already expired, you get to apply for Administrative Review (AR). While that is pending your leave will be extended as per Section 3C but when AR is concluded and refused, you will become an overstayer and you then have 14 days to apply for ANY new application. You will remain an overstayer even if you apply for a new application at this point

Posted: **Tue Nov 09, 2021 5:51 pm**

Zimba wrote: ↑
Tue Nov 09, 2021 4:22 pm
@AmazonianX Tier 1E does not have appeal rights.
Thanks on the correction Zimba and the information to OP.

If your in-time application is refused and your visa has already expired, you get to apply for Administrative Review (AR). While that is pending your leave will be extended as per Section 3C but when AR is concluded and refused, you will become an overstayer and you then have 14 days to apply for ANY new application. You will remain an overstayer even if you apply for a new application at this point

Posted: **Tue Nov 09, 2021 6:29 pm**

Zimba wrote: ↑
Tue Nov 09, 2021 4:22 pm
@AmazonianX Tier 1E does not have appeal rights.

If your in-time application is refused and your visa has already expired, you get to apply for Administrative Review (AR). While that is pending your leave will be extended as per Section 3C but when AR is concluded and refused, you will become an overstayer and you then have 14 days to apply for ANY new application. You will remain an overstayer even if you apply for a new application at this point

Thanks.

Ok, and will I become overstayer if I do not go for AR in case of refusal and instead submit a new application within 14 days?

Also, if the scenario you explained happens (I follow rules but become overstayer due to AR refusal), will that influence my future applications decisions if I reapply in 14 days?

Posted: **Wed Nov 10, 2021 10:47 am**

Section 3C must end for a new application to go ahead. So whether your AR is refused or if choose to apply for a new application, in both cases you become an overstayer. Overstaying is not an issue of your new application is granted and you regularised your stay as per paragraph 39E of the rules

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