I am in a panic as there are too many unknown factors and hope very much you can help!
I need to submit my application TODAY before 4.30pm and am at a loss of what the best path would be and was hoping to hear your thoughts if possible! I would be so grateful if you could give your thoughts!
I currently on a Tier 1 Entrepreneur Visa as a self employed person, which expired a few weeks ago, and could not fulfill all the requirements of an extension due to some accidents. I could not hire the 2 people for 12 months and still have the Post-Study work visa funds in my personal bank account, ready to be invested in the business, whatever that means (transferring it to a business bank account? Converting it to Share Capital so it´s not spent and gone (can I do that as Self Employed, or similarly not "spend/ waste" the money, unless salaries of employees and commercial property counts as investment? Or making myself a Director to make a Director´s Loan so it is retractable later possibly, or perhaps even somehow loaning the funds to the business without being a Director, as I am simply self-employed and not registered with Companies House?).
Is the relevant deadline the postmarked date or does it have to be received by 28 days? What date is counted as 28 days from the 7th of February please, and does Home Office receive mail on Saturday afternoons? I have heard from HO that it has to be received before 28 days is up, but also have had been advised it is fine postmarked within 28 days, and given that it is due either TODAY to be posted or tomorrow, and I don´t know what to apply for, this is a difference!
Before I file an application for any sort of visa to extend my stay here, which I have 28 days to do after expiration of the visa, can I leave and return to the UK within those 28 days, or will not be allowed back in the UK to submit an application as a Tier 1 Entrepreneur, or as a tourist without breaking ILR (Indefinite Leave to Remain continuous residency)? I need to go to another EU country to ask for permission to leave them for more than 6 months, since my passport will be with the UK Home Office (can one get permission without being in that EU country, or get permission from UK to leave for a few days?) Actually, it would be good to verify that one is allowed to get 2 EU non-tourist visas at the same time, for example a UK Tier 1, 2, 4, etc with a work permit in another EU country?
I am not sure what to apply for in order to bridge a gap in ILR for 7 months (I can try to apply for ILR September 2016 although I have many absences though...), if I can:
1) once again now (and also within 12 months of having had Tier 1 Entrepreneur as the last Leave to Remain?), apply for a fresh initial Tier 1 Entrepreneur within the UK with the lower investment, given I used to have a Post Study Work Visa (but I currently already am on Tier 1 Entrepreneur), or if it is impossible to apply for a fresh initial one now (assuming there is no time frame within which I am not allowed to apply for the same visa?), without the higher investment of a general applicant, me no longer being on a Post Study Work visa, I would then have to be outside the UK to apply, thus also breaking continuous residency for ILR?
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Or instead, the following, depending on whichever would give me more time in the UK to apply for ILR in September:
2) apply for a Tier 1 Extension which is unlikely to be successful perhaps, and then appealing it or doing an administrative review (is that still possible or are all Leave to Remain applications in Tier 1, 2, 4 and 5 no longer able to be appealed after April 2015? In that case, would I become an illegal overstayer with a refusal even though I had applied for a new application within 28 days by virtue of it being refused, and thus lost all years leading up to ILR from 2006 and be automatically banned from the UK because of the refusal?), or
3) apply for a FLR(O) "Further Leave to Remain for Other reasons not covered by other applications" for the reasons of the accident. Can one switch from a successful FLRO to Tier 1,2,4 or 5 again or have to find other reasons to be granted an extension of FLRO for 6 years to get ILR, or does part of the FLRO count towards the previous 9.5 years? If the FLRO is not successful (and I don´t know if it´s more likely than getting an Extension on Tier 1 Entrepreneur without having invested or hired people), can one appeal a refusal of FLRO or anything else which may be more appropriate to apply with given the reasons of accidents hindering the Entrepreneur extension?
4) FLR(RP) for Private Life, arguing that I feel at home in the UK and not politically connected to the US, and culturally at odds in Hong Kong, though I have family in both the US and HK. I don´t know if actually this route requires already 10 years continuous leave, which I am a few months short of (and have absences over 6 months), and is then only embarking on a 10 year route with no room to travel out for the next 10 years, making it a 20 year route in total?
(Getting ILR in September may also be difficult, as I have probably been quite a bit over 540 days out of the UK in the last 10 years, unless you know of provisions to provide for allowable absences as a self employed person over 540 days...Also I do not have all passports and will be depending on a Subject Access Request from Immigration records)
5) My grandmother has a BNO (British National Overseas) passport currently, and my grandfather who has passed away, probably had one too, if not citizenship (where can I research this in historical records?). I don´t know where they were born but lived their lives in Hong Kong and were married in 1947 in Hong Kong, and in the 50s my grandmother recalls getting "some sort of British passport". I was born after May 1983 and have US citizenship as do my parents. My mother was born in Hong Kong and naturalized to USA later as did my father, who was born in China; do I have any chance of British citizenship or a visa with rights to live and work in the UK through ancestry or family history?
I have an important event at the end of June I would want to have my passport for to travel with, and also need to go to Germany to ask immigration there for permission to be out for more than 6 months (unless there is a way to ask for that from the UK, do you know? Plus, is it legal to apply for any type of UK visa when one has a German work permit visa?), which means that if I am not allowed to travel out even within the 28 days of the expiration or period of appeal, or during an appeal, then it would be best to get a valid visa by June if possible. Can one travel out and back in with a 2nd emergency passport while awaiting a Home Office decision? Would that be detected to be the same person with another travel document, and is that then still alright or will it invalidate the application and breach the law? If I found another way whilst waiting for the decision of this next Leave to Remain after applying this week, for example getting a Tier 2 Sponsorship, Tier 4 Study or Tier 1 Exceptional Talent, can I withdraw my other application and simultaneously somehow submit the new application without breaking ILR or needing to leave the UK immediately after withdrawal?
As a thought to how I could actually fulfill the requirements of the Entrepreneur Extension, perhaps I could, to help the requirements missed, perhaps show investment made if you, a lawyer or an accountant you know can issue a certificate that any funds available are held as Share Capital in a business and not available for personal use. Although a stretch, if it at all possible still in these few days find a business you know of, which has created two full time jobs (does that have to be since I joined, which is not currently a reality, or simply have had to have hired 2 workers in the last 12 months?) to be a part of and would like my investment, I could even invest in another business that had created jobs perhaps, to try and fulfill the Extension requirements if one knows of a business which created 2 jobs in the last 12 months and wants investment.
Please do not feel overwhelmed by the detail in this message, any part advice or even talking about it on the phone or face to face ASAP in London would help if you would like to email me, as I am alone in this and need to apply now. Or even, any inexpensive and or good consultation in London? Please do get in touch!
Thank you for any thoughts you experienced people may have to guide this panic!
All the best to you...
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