Tier 1 Ent Extension - options if refused

Dear All,

Please I would like to know what options will be there if Tier 1 Entrepreneur Extension refuse. I have 9 months more for 10 year route.

Tier 1 Extension applied on Aug 2018
Biometrics Done in Oct 2018
Decision - Waiting

1. My solicitor says to vary my application immediately to FLR (FP) because, the refusal is high coz the venture capital firm isn't FCA regulated. (But I am afraid to do this, because I have a friend whose FLR (FP) is refused and certified as invalid. He has straight lodged FLR (FP) instead of Tier 1 Entrepreneur Extension because he wasn't employing people at his business).

2. My solicitor also said, I can wait until the refusal, apply for AR to take time, then wait for AR refusal and apply FLR (FP) within 7 days after AR refusal, still 3c leave will continue.

Please kindly advise me what to do..

Thanks <3

asiripathum wrote: ↑

Sun Nov 18, 2018 2:41 am

Dear All,

Please I would like to know what options will be there if Tier 1 Entrepreneur Extension refuse. I have 9 months more for 10 year route.

Tier 1 Extension applied on Aug 2018
Biometrics Done in Oct 2018
Decision - Waiting

1. My solicitor says to vary my application immediately to FLR (FP) because, the refusal is high coz the venture capital firm isn't FCA regulated. (But I am afraid to do this, because I have a friend whose FLR (FP) is refused and certified as invalid. He has straight lodged FLR (FP) instead of Tier 1 Entrepreneur Extension because he wasn't employing people at his business).

2. My solicitor also said, I can wait until the refusal, apply for AR to take time, then wait for AR refusal and apply FLR (FP) within 7 days after AR refusal, still 3c leave will continue.

Please kindly advise me what to do..

Thanks <3

1. If your VC is not FCA registered, how did you get the Visa in the first place ? Your extension will get rejected, question is when would the decision be made.
2. Your solicitor is wrong. Your 3C leave will end once the AR is rejected. However, if you apply for a new visa withing 14 days of refusal, that period will be ignored.

Have to met all the other requirements for extension ? If so, you could try to find a qualified VC to invest and provide the documentation to HO before the decision is made.
Do you have any basis for FLR (FP) - do you have kids here, for example ?

You may also be able to increase your investment to 200K and qualify via the 200K route.

If all of these are not possible, then you just have to hope that a decision will not be made for another 7-8 months.

Hi

Thanks so much for your advises. Greatly Appreciated

1. At the time I was applying for Tier 1 Entrepreneur Initial Application, the VC was FCA regulated. But later they've stopped funding any more businesses. So, when I am applying for Extension, its out of FCA register. They've transferred £16,000 my business account, but they haven't made full £50,000 investment. At the time of transfer, they weren't FCA regulated. But, all other criteria for extension are met - 2 employees employed for 12 months, all taxes paid, accounts sent, business is running well, marketing done, everything else is fine, except the investment part by the VC. But, VC gave a letter saying they will invest balance in next 6 months. I am planning to invest £50,000 by myself in next few months and submit new evidence before decision is made. My initial application date for Tier 1 Entrepreneur was made in Aug 2013. I got visa approved after appeal on Aug 2015 - Aug 2018. I have done business well during all 5 years and sent all evidence.

2. If I apply for FLAR (FP) within 14 days of AR rejected, if they ignore overstaying period and continue with FLR (FP) and this will take me to complete 10 years in UK, means, I can vary my FLR (FP) to ILR? Please kindly advise.

3. For FLR (FP), I have two kids born in London, UK (one is 4 years 6 months old and other one is 1 year 3 months old). My husband and I living in UK together for past 9 years 3 months. We have 2 businesses running and my husband was a director of one of the business.

Appreciate your feedback,
Thanks xx

asiripathum wrote: ↑

Sun Nov 18, 2018 10:15 am

Hi

Thanks so much for your advises. Greatly Appreciated

1. At the time I was applying for Tier 1 Entrepreneur Initial Application, the VC was FCA regulated. But later they've stopped funding any more businesses. So, when I am applying for Extension, its out of FCA register. They've transferred £16,000 my business account, but they haven't made full £50,000 investment. At the time of transfer, they weren't FCA regulated. But, all other criteria for extension are met - 2 employees employed for 12 months, all taxes paid, accounts sent, business is running well, marketing done, everything else is fine, except the investment part by the VC. But, VC gave a letter saying they will invest balance in next 6 months. I am planning to invest £50,000 by myself in next few months and submit new evidence before decision is made. My initial application date for Tier 1 Entrepreneur was made in Aug 2013. I got visa approved after appeal on Aug 2015 - Aug 2018. I have done business well during all 5 years and sent all evidence.

2. If I apply for FLAR (FP) within 14 days of AR rejected, if they ignore overstaying period and continue with FLR (FP) and this will take me to complete 10 years in UK, means, I can vary my FLR (FP) to ILR? Please kindly advise.

3. For FLR (FP), I have two kids born in London, UK (one is 4 years 6 months old and other one is 1 year 3 months old). My husband and I living in UK together for past 9 years 3 months. We have 2 businesses running and my husband was a director of one of the business.

Appreciate your feedback,
Thanks xx

1. There is a clear requirement for documentation for any investment by a VC. But, given that they have not invested the 50K, that is not going to matter. What is interesting is that the immigration rules do not explicitly say that, if your initial visa is based on 50K VC funding, the actual investment must be from a VC. I am sure it is implied and expected, but the rules do not say that. The rules only say that you must invest at least 50K if your approval was on the 50K route. And you only need to provide the VC evidence at extension if you are claiming investment from a VC. What I am saying is that if you invest your own 50K you at least have the ability to argue that you meet the immigration rules requirement (don't take my word for it, talk to a lawyer). But I am not sure why you have not done it yourself. You have a weaker case now but if you want to do it, you should do it immediately and send updated pages of the application and all the evidence for personal money investment.
As it stands, you are definitely going to get a refusal.
2. Yes, you can. But it is a big risk - in all probability they will make the FLR (FP) decision quite fast.
3. You don't seem to have strong grounds for FP

Thanks very much marcnath
1. Ok noted with thanks
2. Even if FLR(FP) rejected quickly, there’s appeal rights I guess. Then whilst processing appeal, my 10 years will be up. Then I’ll put ILR?
3. Noted
Thank you

asiripathum wrote: ↑

Sun Nov 18, 2018 4:12 pm

2. Even if FLR(FP) rejected quickly, there’s appeal rights I guess. Then whilst processing appeal, my 10 years will be up. Then I’ll put ILR?

Many are only getting out of country appeals for failed FLR(FP) applications and they are members who appear to have stronger cases than you have stated. You only seem to want to use it to buy time and HO, unfortunately for applicants, is very aware of this trend of 'frivolous and vexatious' applications simply to buy time.

It also does not change the fact that your legal stay under section 3C ends with AR refusal and you will be an overstayer.

OMG
Please kindly advise what other options I have..please...
Can I go for JR? Because, VC funding problem is beyond my control na. I have put all my effort to bringing my business to a sound level. I have met all other points. Its all VC's fault. What if I argue like that in JR.
Please kindly advise.
Thanks xx

JR is a court process separate from the Immigration Rules. It also does not extend your section 3c protection and you would need JR to be successful for the overstay to be ignored.

Any other visa you might qualify for??

Can I vary Tier 1 Extension to Tier 2? Please kindly advise.
Thank you.

If I vary to Tier 2 Work Permit, will they still refuse saying the application is invalid? because I am supposed to apply for Tier 1 entrepreneur extension na.

Please advise me.
Thanks

Can I apply for a fresh Tier 1 Extension application with my own investment to business without going for AR?

You can vary to Tier 2 anytime.

You cannot do a fresh T1E for 12 months.

I hope you read my earlier reply.

marcnath wrote: ↑

Sun Nov 18, 2018 3:13 pm

1. There is a clear requirement for documentation for any investment by a VC. But, given that they have not invested the 50K, that is not going to matter. What is interesting is that the immigration rules do not explicitly say that, if your initial visa is based on 50K VC funding, the actual investment must be from a VC. I am sure it is implied and expected, but the rules do not say that. The rules only say that you must invest at least 50K if your approval was on the 50K route. And you only need to provide the VC evidence at extension if you are claiming investment from a VC. What I am saying is that if you invest your own 50K you at least have the ability to argue that you meet the immigration rules requirement (don't take my word for it, talk to a lawyer). But I am not sure why you have not done it yourself. You have a weaker case now but if you want to do it, you should do it immediately and send updated pages of the application and all the evidence for personal money investment.
As it stands, you are definitely going to get a refusal.
2. Yes, you can. But it is a big risk - in all probability they will make the FLR (FP) decision quite fast.
3. You don't seem to have strong grounds for FP

Hello All,

As expected, my tier 1 entrepreneur (extension) refused, due to sole reason that the venture capital firm is not genuine. All other points for my business, English language requirement and maintenance have been awarded with 75 points. But, they haven't given me 20 points for the investment, saying the venture capital firm is not genuine and they have only done £15,000 investment out of £50,000, although they've provided letter saying they will do the balance investment within next 6 months.

The refusal letter also says;

"please note on this occasion we have not carried out full verification checks on the documents you submitted or the statements that you have made on your application form, as you application falls for refusal on other grounds as outlined above." what does that mean and does this affect my future applications? Can they refuse my future applications depending on this?

1. My given options are - Apply for an Administrative Review within 14 days from now

2. It also says; you don't have to leave UK;
*During the period which you may apply for administrative review
*while any application for administrative review is being decided
*if you make an application for leave to remain on another basis
*if you have extant leave to remain

3. My solicitor asked to apply for AR (to get further 4-6 week) and then apply for FLR (FP);
*Apply for AR (cost £80 application fees and £1500 lawyer fees)
*Apply for FLR (FP) (Cost £3099 for 3 application fees, £3000 IHS, £1500 lawyer fees)

I am 8 months short to apply for 10 - year route ILR

My questions are;

i) Do you think that I have a chance in AR because, I have done my part well and I got all points there, the VC was a great help for me in fact they've given me business premises for past 3 years for free to run my business, they've given me all support, guidance to run business, they've done my accounts, tax, payroll for free for years now, but yes they've invested £15,000 only but they've issued a letter confirming they'll do balance investment soon. My business is a management consultancy firm and we are running it very well in UK, 2 employees are still working, I have spent years bringing this business to a level now, how can i leave?

From the business's point of view, is it legal to liquidate companies just because owner has to leave, the business is established over 5 years ago, it has customers, employees, paid taxes, trademarks, doesn't it has right to live and contribute to economy? Don't I have right to stay at least to fight against VC for their fraud done, because the refusal letter only talks about VC and they aren't genuinely establish to support businesses, they've highlighted some court cases too against this VC. But, in my case, they've helped me a lot and they still do.

ii) Can I apply my self online for AR, rather than going through the lawyer because, it cost me additional £1500 or you think its better to get a lawyer to do it

iii) If I apply AR and then withdraw it and apply for FLR (FP), does my 3C leave continue? or please kindly advise a route to save my 3c leave because I am only 8 months away from my 10 year route

iv) For FLR (FP) I have family life in UK 9.5 years with my husband and UK born child 5 years old. I have 2 businesses in UK with revenue over 70k a year

v) Can I apply for FLR (FP) and then vary the application to Tier 2 Work Permit? I might get a Tier 2 work permit from a reputed company in UK within next 4-8 weeks (hopefully)

Please kindly advise,
Thank you very much in advance