Varied application from Tier 1 (Entrepreneur) extension to ILR

khan7866 · Post by **khan7866** » Mon Mar 04, 2019 12:30 pm

Hi Guys,

I applied for Tier-1 Enterpenesure visa extension in Aug 2017. The application is still under review by the Home Office. However, In a few days, my 5 years in the UK are going to complete. Therefore, I am thinking to apply for ILR. I have 2 questions for you guys

1. Do you guys suggest me to go for ILR application or not?
2. Is there any other option for me?

I am really tired of waiting. I will really appreciate your suggestions on this matter.

Kind Regards

be123+ · Post by **be123+** » Mon Mar 04, 2019 1:07 pm

1. If your extension is approved then you can apply ILR provided you spend 5 years full on entrepreneur. Otherwise you might want to wait. Have you tried to get your MP involved?
2. It would be difficult for not knowing the whole of your history.

khan7866 · Post by **khan7866** » Mon Mar 04, 2019 1:17 pm

Thanks for your reply.

My History is very simple I applied for Tier-1 Enterpesure visa extension in Aug 2017. The interview was conducted about 6 months back and till now I am waiting for Home Office reply on my application.

marcnath · Post by **marcnath** » Mon Mar 04, 2019 9:24 pm

khan7866 wrote: ↑
Mon Mar 04, 2019 12:30 pm
Hi Guys,

I applied for Tier-1 Enterpenesure visa extension in Aug 2017. The application is still under review by the Home Office. However, In a few days, my 5 years in the UK are going to complete. Therefore, I am thinking to apply for ILR. I have 2 questions for you guys

1. Do you guys suggest me to go for ILR application or not?
2. Is there any other option for me?

I am really tired of waiting. I will really appreciate your suggestions on this matter.

Kind Regards

Yes, you can vary your application to an ILR application - why would you not do that. You can vary 28 days before 5 year is completed.
But by itself, it does not mean your wait is going to reduced.

Frontier Mole · Post by **Frontier Mole** » Mon Mar 04, 2019 11:19 pm

Varied applications do not speed the process at all. The general view is if your Tier 1 Ent is going to be refused for not meeting the requirements it is transposed by default onto the ILR application.
This is particularly the case where the refusal is based on failure to invest, failure to meet job creation requirement and especially where it is believed the business is / was not genuine.

If you hit any of the big three take it as read your ILR application will be refused too. I believe there has been a decided case on the ability to in essence carry on with a Tier 1 Ent decision even after a varied ILR application is received. The thinking being if the business failed to meet the criteria for extension then you can not benefit from the delay to claim ILR.

I am sure others will correct me if I have not got that right.

As for MP involvement, nothing to lose by using that route / option but I think you will find the MP will get a fairly standard letter saying these are complex cases etc and the Home Office is processing them as appropriate.

marcnath · Post by **marcnath** » Mon Mar 04, 2019 11:28 pm

Frontier Mole wrote: ↑
Mon Mar 04, 2019 11:19 pm
Varied applications do not speed the process at all. The general view is if your Tier 1 Ent is going to be refused for not meeting the requirements it is transposed by default onto the ILR application.
This is particularly the case where the refusal is based on failure to invest, failure to meet job creation requirement and especially where it is believed the business is / was not genuine.

If you hit any of the big three take it as read your ILR application will be refused too. I believe there has been a decided case on the ability to in essence carry on with a Tier 1 Ent decision even after a varied ILR application is received. The thinking being if the business failed to meet the criteria for extension then you can not benefit from the delay to claim ILR.

I am sure others will correct me if I have not got that right.

As for MP involvement, nothing to lose by using that route / option but I think you will find the MP will get a fairly standard letter saying these are complex cases etc and the Home Office is processing them as appropriate.

To reiterate this, remember that the main attributes for Tier 1 Ent Extension and Tier 1 Ent ILR are exactly the same - the evidence needed is the same, the decision criteria is the same.

Of course, if successful, you will save time in waiting for ILR after extension. And you will also save the fees.

khan7866 · Post by **khan7866** » Mon Mar 04, 2019 11:41 pm

Thank you so much Frontier Mole & marcnath,

I really appreciate your help.

I just have two more question that based on my understanding that now I need to submit only life in UK test results as other things I had already submitted (For example Investment proof, employment creation etc.)?

Secondly, I don't need to prove the post extension criteria? (As I am still in the process of extension)

Again I will really appreciate the help of you guys.

Thanks

marcnath · Post by **marcnath** » Tue Mar 05, 2019 9:48 am

khan7866 wrote: ↑
Mon Mar 04, 2019 11:41 pm
Thank you so much Frontier Mole & marcnath,

I really appreciate your help.

I just have two more question that based on my understanding that now I need to submit only life in UK test results as other things I had already submitted (For example Investment proof, employment creation etc.)?

Secondly, I don't need to prove the post extension criteria? (As I am still in the process of extension)

Again I will really appreciate the help of you guys.

Thanks

When you submit a variation application, it is a full application - so you need to provide ALL documents needed as per the guidelines for ILR. You cannot just refer to documents in your extension (unless they are original and can't be provided again)

you can't prove post extension as you are not post extension, as you yourself pointed out.

khan7866 · Post by **khan7866** » Mon Apr 08, 2019 6:48 pm

Hi Guys,

I applied for Tier 1 (Entrepreneur) visa extension in August 2017 after that I haven't received any decision on my application. Meanwhile, I become eligible to apply for ILR as I legally spent 5 years in the UK under Tier-1. Therefore, I varied my application recently from Tier 1 extension to ILR. I have 2 questions for you guys.

1. My case handler will remain same or Home Office will assign a new case handler? I am afraid because my case handler of Tier 1 (Entrepreneur) extension application taking ages.

2. I varied my application, Now the home office is obliged to pay me back the fee I submitted in Aug 2017. Can someone tell me how much time the Home Office take to make such kind of refund?

I will really appreciate your suggestions over this.

Kind Regards
Khan

marcnath · Post by **marcnath** » Mon Apr 08, 2019 8:58 pm

khan7866 wrote: ↑
Mon Apr 08, 2019 6:48 pm
Hi Guys,

I applied for Tier 1 (Entrepreneur) visa extension in August 2017 after that I haven't received any decision on my application. Meanwhile, I become eligible to apply for ILR as I legally spent 5 years in the UK under Tier-1. Therefore, I varied my application recently from Tier 1 extension to ILR. I have 2 questions for you guys.

1. My case handler will remain same or Home Office will assign a new case handler? I am afraid because my case handler of Tier 1 (Entrepreneur) extension application taking ages.

2. I varied my application, Now the home office is obliged to pay me back the fee I submitted in Aug 2017. Can someone tell me how much time the Home Office take to make such kind of refund?

I will really appreciate your suggestions over this.

Kind Regards
Khan

1. I have no idea. I suspect it will change, but my guess is as good as yours. But I doubt if the delay is related to an individual CW - it is just the system is clogged up.

2. Sorry, again have no idea. Maybe someone else can answer.

nali78 · Post by **nali78** » Tue Apr 09, 2019 3:22 am

My 5 years also completed in February 2019 for 5 years ILR but still I’m waiting for extension approval I think it’s better to vary extension application to ILR ( 5 years ) route at least you will get Right of appeal chance in case if they refuse you ILR application . But I think your documents will transfer to ILR department when you vary your application from extension to ILR and you case worker should be different. Less chance for interview in ILR it’s will take approximately 5 months. I want to ask one question here from dear Marcnath if you I vary my application from extension to ILR can I have my full IHS fees back ? Thanks in advance

CR001 · Post by **CR001** » Tue Apr 09, 2019 5:31 am

nali78 wrote: ↑
Tue Apr 09, 2019 3:22 am
My 5 years also completed in February 2019 for 5 years ILR but still I’m waiting for extension approval I think it’s better to vary extension application to ILR ( 5 years ) route at least you will get Right of appeal chance in case if they refuse you ILR application . But I think your documents will transfer to ILR department when you vary your application from extension to ILR and you case worker should be different. Less chance for interview in ILR it’s will take approximately 5 months. I want to ask one question here from dear Marcnath if you I vary my application from extension to ILR can I have my full IHS fees back ? Thanks in advance

Please start your own topic and do not tag your question onto other members threads. It is unfair to other users and creates confusion.

rihan · Post by **rihan** » Tue Apr 09, 2019 4:40 pm

khan7866 wrote: ↑
Mon Apr 08, 2019 6:48 pm
Hi Guys,

I applied for Tier 1 (Entrepreneur) visa extension in August 2017 after that I haven't received any decision on my application. Meanwhile, I become eligible to apply for ILR as I legally spent 5 years in the UK under Tier-1. Therefore, I varied my application recently from Tier 1 extension to ILR. I have 2 questions for you guys.

1. My case handler will remain same or Home Office will assign a new case handler? I am afraid because my case handler of Tier 1 (Entrepreneur) extension application taking ages.

2. I varied my application, Now the home office is obliged to pay me back the fee I submitted in Aug 2017. Can someone tell me how much time the Home Office take to make such kind of refund?

I will really appreciate your suggestions over this.

Kind Regards
Khan

Hello Mr Khan,

How did you eligible for ILR for 5 years route, when you applied for your extension on 2017 July? Have you got your initial leave for 3 years and 4 months ?

Thanks

khan7866 · Post by **khan7866** » Tue Apr 09, 2019 6:49 pm

Thanks for your reply

1. I applied for ILR 28 days before 5 years
2. Yes, I got my first extension for 3 years 4 months (My visa started from 22 April 2014)

rihan · Post by **rihan** » Tue Apr 09, 2019 11:16 pm

Hi Khan

Thanks for your reply

Just wondering did you send your company annual accounts for ILR application ?

khan7866 · Post by **khan7866** » Wed Apr 10, 2019 1:24 pm

Everything same like before

CULLINAN · Post by **CULLINAN** » Wed Apr 10, 2019 7:54 pm

khan7866 wrote: ↑
Wed Apr 10, 2019 1:24 pm
Everything same like before

Goodluck keep us posted!

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