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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.asiripathum wrote: ↑Sun Nov 18, 2018 2:41 amDear 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. 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.asiripathum wrote: ↑Sun Nov 18, 2018 10:15 amHi
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
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.asiripathum wrote: ↑Sun Nov 18, 2018 4:12 pm2. 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?
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