ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

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

Locked
shanky
Member
Posts: 137
Joined: Wed Oct 24, 2012 10:33 am
Location: Wonderland

Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by shanky » Fri Apr 19, 2019 8:28 am

Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?

I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-


Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document 
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.

Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)

Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?

Thanks

S
Top
msx273
Senior Member
Posts: 540
Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by msx273 » Fri Apr 19, 2019 1:22 pm

Was her first initial application from UKIP outside uk

Why was the first visa rejected and why they took 6 months?

Which country the initial application was made from ?

Did she had previous uk Immigration history prior to applying for initial tier 1 visa ?

Thanks
Top
User avatar
marcnath
Moderator
Posts: 6480
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by marcnath » Fri Apr 19, 2019 2:07 pm

shanky wrote: ↑
Fri Apr 19, 2019 8:28 am
 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?

I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-


Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document 
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.

Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)

Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?

Thanks

S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements
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.
Top
shanky
Member
Posts: 137
Joined: Wed Oct 24, 2012 10:33 am
Location: Wonderland

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by shanky » Sat Apr 20, 2019 10:41 am

marcnath wrote: ↑
Fri Apr 19, 2019 2:07 pm
shanky wrote: ↑
Fri Apr 19, 2019 8:28 am
 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?

I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-


Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document 
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.

Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)

Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?

Thanks

S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements

She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
S
Top
User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by CULLINAN » Sat Apr 20, 2019 6:03 pm

shanky wrote: ↑
Sat Apr 20, 2019 10:41 am
marcnath wrote: ↑
Fri Apr 19, 2019 2:07 pm
shanky wrote: ↑
Fri Apr 19, 2019 8:28 am
 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?

I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-


Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document 
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.

Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)

Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?

Thanks

S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements

She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
Transitional arrangements have ended on 6th April 2019.

She needs 2 FT “JOBS” that have existed 12 months each AFTER extension OR if she has has 2 FT JOBS in the last 12 months from the date of ILR application in your case.

However, as she only had Job 1 since Oct 2017, she would have to create JOB 2 from April 2019 onwards for 12 months.

In this situation the other Job 1 that existed since Oct 2017 will be meaningless to claim points (as you can only go back 12 months or claim after extension that is for Job 2 to complete 12 months it would be April 2020) and then Job 1 can be counted from April 2019 only also.

Basically she needs two JOBS that exist for 12 months each from April 2019 (after date of extension). Earliest she will be able to apply is April 2020.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
Top
shanky
Member
Posts: 137
Joined: Wed Oct 24, 2012 10:33 am
Location: Wonderland

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by shanky » Tue Apr 23, 2019 12:57 pm

tier11417 wrote: ↑
Sat Apr 20, 2019 6:03 pm
shanky wrote: ↑
Sat Apr 20, 2019 10:41 am
marcnath wrote: ↑
Fri Apr 19, 2019 2:07 pm
shanky wrote: ↑
Fri Apr 19, 2019 8:28 am
 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?

I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-


Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document 
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.

Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)

Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?

Thanks

S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements

She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
Transitional arrangements have ended on 6th April 2019.

She needs 2 FT “JOBS” that have existed 12 months each AFTER extension OR if she has has 2 FT JOBS in the last 12 months from the date of ILR application in your case.

However, as she only had Job 1 since Oct 2017, she would have to create JOB 2 from April 2019 onwards for 12 months.

In this situation the other Job 1 that existed since Oct 2017 will be meaningless to claim points (as you can only go back 12 months or claim after extension that is for Job 2 to complete 12 months it would be April 2020) and then Job 1 can be counted from April 2019 only also.

Basically she needs two JOBS that exist for 12 months each from April 2019 (after date of extension). Earliest she will be able to apply is April 2020.


Looking at her timeline. Can she apply for 10 years route? guessing 10 years route will be less hassle if she goes on 10 years route maybe I'm wrong?
S
Top
User avatar
aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by aman90 » Tue Apr 23, 2019 1:26 pm

shanky wrote: ↑
Tue Apr 23, 2019 12:57 pm
Looking at her timeline. Can she apply for 10 years route? guessing 10 years route will be less hassle if she goes on 10 years route maybe I'm wrong?
What visa was she on before she applied for tier1?
Top
richard22911
Newly Registered
Posts: 9
Joined: Tue Apr 23, 2019 1:40 pm
Wales

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by richard22911 » Tue Apr 23, 2019 2:02 pm

Very interesting case I see here, after waiting nearly 2 yrs, Hi, S, you are not alone.

ILR--long residence route, if you match 10 years continuous residence legally within the UK, you are fine to go on this path. More details see (https://www.gov.uk/guidance/immigration ... categories).

ILR--If you still carry on current visa statue, you have to match requirements like tier11417 said. This path will make your way to mountain hard and tough.

All the best in future.

R.

P.S. I am not a legal advisor, only contribute what I am able to.
Top
miumiuuk
Junior Member
Posts: 64
Joined: Sat Apr 01, 2017 3:19 am

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by miumiuuk » Tue Apr 23, 2019 6:41 pm

The transitional agreement is completely unfair to apply in this case. :twisted:
Top
User avatar
zimba
Moderator
Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by zimba » Tue Apr 23, 2019 9:48 pm

miumiuuk wrote: ↑
Tue Apr 23, 2019 6:41 pm
 The transitional agreement is completely unfair to apply in this case. :twisted:
There are no transitional arrangements in place
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
Top
miumiuuk
Junior Member
Posts: 64
Joined: Sat Apr 01, 2017 3:19 am

Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?

Post by miumiuuk » Wed Apr 24, 2019 4:34 pm

Sorry, my mistake. I meant it was wrong to seeing transitional agreement in helping with this case.
Transitional agreement rules are unfair at the beginning,especially for some cases like this. Although, it is invalid at the moment. It is just sneakily to ease applicants pain and anger.

Look back to 5 years ago, the Entrepreneurs like OP had agreed with the original agreements of job creations which allow combined 24 months as 2 full-time jobs. Therefore, they signed their names on the initial Application form, not the new terms.

I think OP still have a chance to argue, as obviously, OP has already fulfilled the original agreements and terms. If I were the OP, I will give it a try.
Top
Locked

Return to “Indefinite Leave to Remain”

cron