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Tier-1 Entrepreneur Extension Visa Approval

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

sm12
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by sm12 » Thu Aug 30, 2018 7:47 pm

Seems ok after the Gross Pay is added.
Could you please share the exact wording of the letter?

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Thu Aug 30, 2018 8:17 pm

kom wrote:
Thu Aug 30, 2018 6:51 pm
Thanks Marcnath for response.

Can you please check below FPS report which my Accountant can generate from Sage. is that OK to Submit it? Below are the fields will be in my New FPS.

1. Employee Name
2. Surname
3. NI Number
4. Pay Date
5.Tax Week
6. Tax month
7. PAYE
8. Employee NIC1
9. Employer NIC
10.Student Loan
11.Start Date
12.Leave Date
13. Gross Pay for Tax


Please suggest me or give suggestion if anything missing for New FPS.

Thanks in Advance.
Should be ok
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.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Wed Oct 17, 2018 1:56 pm

Hi Marcnath,

I have couple of question below.I know you guys already answers my questions but please verify me here again.My first T1- Enterprenuer Extension was refused, then AR Refused then I applied for Fresh Application in July-2018 and still is pending.

1. My 2nd T1-Enterprenuer Extension application is in process from July-2018 and I will be finishing my 10 years in March 2019.Can i vary my application on 10 years basis? if yes then i have to apply for
ILR(LR) and my dependent wife has to apply for FLR(M). Can you please correct me if i am wrong here?

2.If my wife apply for FLR(M) then we need minimum income + English test. minimum income is £18,500 ( i will get dividend from my Company) and for English test if my Wife gets UK NARIC English Assessment Certificate is that valid?

Can you please correct me here if i am wrong.

Thanks In Advance.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Wed Oct 17, 2018 9:21 pm

kom wrote:
Wed Oct 17, 2018 1:56 pm
Hi Marcnath,

I have couple of question below.I know you guys already answers my questions but please verify me here again.My first T1- Enterprenuer Extension was refused, then AR Refused then I applied for Fresh Application in July-2018 and still is pending.

1. My 2nd T1-Enterprenuer Extension application is in process from July-2018 and I will be finishing my 10 years in March 2019.Can i vary my application on 10 years basis? if yes then i have to apply for
ILR(LR) and my dependent wife has to apply for FLR(M). Can you please correct me if i am wrong here?

2.If my wife apply for FLR(M) then we need minimum income + English test. minimum income is £18,500 ( i will get dividend from my Company) and for English test if my Wife gets UK NARIC English Assessment Certificate is that valid?

Can you please correct me here if i am wrong.

Thanks In Advance.
Correct on both
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.

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Rockey
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by Rockey » Wed Oct 17, 2018 11:14 pm

Hi Marcnath,

Pls correct me if i m wrong! As per my understanding his long residency continuity (section 3c) is broken when he applied for second fresh application ! then how can he be eligible for ILR 10 years !
Best Regards

Rockey

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Fri Oct 19, 2018 8:32 am

Thanks Marcnath for your quick response.

I have one more question for you.

1. If I will apply for ILR(LR) and for my wife FLR(M) do i have to fulfill maintenance requirement?

Thanks in Advance.

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CR001
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by CR001 » Fri Oct 19, 2018 8:35 am

kom wrote:
Fri Oct 19, 2018 8:32 am
Thanks Marcnath for your quick response.

I have one more question for you.

1. If I will apply for ILR(LR) and for my wife FLR(M) do i have to fulfill maintenance requirement?

Thanks in Advance.
There is NO maintenance fund requirement for spouse visa.

You have to prove you earn a minimum of £18,600 per annum with documented payslips/bank statements/self employed paperwork etc.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Wed Nov 21, 2018 12:26 pm

Hello to all members,

I am preparing for my ILR(LR) and FLR(M) for my dependent wife as my 2nd Tier-1 Extension application is still pending with UKVI. I am going to apply in first week of March-2019.I have few question below.

1. Can i have list of Documents for My self and Dependent Wife Application?
2. I am going to take dividend to fulfill income requirement for my Wife.Do i need to prove that my income from March-2018 to March-2019 is £18,600? How can i Prove (documents require) that i have taken Dividend from My Company?
3. As i am varying my application do i still need to apply as Paper application or i can book date and go for the same day application?


Please all senior members i need your guidance here.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Tue Dec 04, 2018 11:53 am

Hi Marcnath and Other Gurus,

Can you please reply to mu above question.

Thanks in Advance.

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CR001
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by CR001 » Tue Dec 04, 2018 12:00 pm

Have you read the Set (LR) and FLR(M) guidance notes as this explains what is required.

https://webarchive.nationalarchives.gov ... form-setlr

https://webarchive.nationalarchives.gov ... -form-flrm

https://assets.publishing.service.gov.u ... _Final.pdf

There is no longer an in person same day premium service. To vary, my understanding is that you can only apply by post.

indefinite-leave-to-remain/new-uk-visa- ... 67058.html

https://www.ukvcas.co.uk/home-internal
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Tue Feb 05, 2019 9:18 am

Hi all,

I have question regarding my situation. I have given advice before but i want to make sure with my application.
for my Question below is my immigration history.

1. April-2009 to Oct-2010 -- First entered UK as Student Visa
2. Sep-2010 to Jan-2012 - Student visa for Masters
3. Jan-2012 to Feb- 2014- PSW Visa
4. Feb-2014 to Feb-2017--- T1 Enterprenuer Visa
5. Jan-2017 - Applied for T1 Extension.
6. March-2018 Refused T1 Extension Enterprenuer Visa
7. Within 14 days Applied for Admin Review.
8. June-2018 Admin Review Refused.
9. June-2018 (within 14 days of Admin Review Applied with Fresh Application.
10.Fresh Application is still Pending with UKVI.

As you can see here, i have a break here only from June-2018 to till now.(Over-stayer) but application is pending with UKVI. Am i eligible for ILR(lr) for me and my wife FLR(M)?
What will be the chance of success of ILR(LR) Application if i veried my application in March-2019?

Please Advice me. Can you please provide me list of documents for the ILR(LR) application. I have gone through docs requirement list but i need clarification about all the bills, council tax bill as i was sharing house all the time how can i prove it?

Thanks in advance.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Fri Feb 08, 2019 8:16 am

Hi Marcnath & Zimba,

Can you please answer my question as, i read that After AR Refused and fresh application pending you can not apply for ILR as your 10 years continuity break.

Do i need to Wait for the outcome of my Fresh Application or I can Vary my Application to ILR(LR)?

Please reply for my question as i am confused what to do now.


Thanks.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Fri Feb 08, 2019 12:21 pm

kom wrote:
Fri Feb 08, 2019 8:16 am
Hi Marcnath & Zimba,

Can you please answer my question as, i read that After AR Refused and fresh application pending you can not apply for ILR as your 10 years continuity break.

Do i need to Wait for the outcome of my Fresh Application or I can Vary my Application to ILR(LR)?

Please reply for my question as i am confused what to do now.


Thanks.
There have been cases reported here where the fresh application was successfully varied to ILR. The immigration rules are not as clear ( in my opinion) about this
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.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Sun Feb 10, 2019 5:24 pm

Thanks Marcnath for your suggestion.

can you please provide me those cases link so i can get some informaion as,i tried to find it but couldn’t found it.

I am confuse as you said immigration rules are not clear about 2nd fresh Application variation to ILR(LR). What are the chances of succesful application as ILR(LR)?

I have contact few solicitors about that but its mixed openion.

I do not have trust with Enterprenure extention team as they refused my 1st application with unacceptable reasons.

Please guide me what i can do now and what are the other options i have?

Thanks in advance.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Mon Feb 11, 2019 6:45 am

kom wrote:
Sun Feb 10, 2019 5:24 pm
Thanks Marcnath for your suggestion.

can you please provide me those cases link so i can get some informaion as,i tried to find it but couldn’t found it.

I am confuse as you said immigration rules are not clear about 2nd fresh Application variation to ILR(LR). What are the chances of succesful application as ILR(LR)?

I have contact few solicitors about that but its mixed openion.

I do not have trust with Enterprenure extention team as they refused my 1st application with unacceptable reasons.

Please guide me what i can do now and what are the other options i have?

Thanks in advance.
Unfortunately, I don't keep track of the cases, so I'll have to search the ILR Forum the same as you.

Also, there is no way to estimate success and we can't give individual guidance as each case is specific to the individual.

While I have not seen any refusals of ILR from second application in this forum, that is not a judge of success probability as only a small number of immigrants participate in this forum.
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.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Mon Feb 11, 2019 8:07 am

Thanks a lot Marcnath and all senior member for your Valuable input.

I will take a risk and try. lets hope for the best.

Thanks.

be123+
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by be123+ » Mon Feb 11, 2019 4:29 pm

kom wrote:
Tue Feb 05, 2019 9:18 am
Hi all,

I have question regarding my situation. I have given advice before but i want to make sure with my application.
for my Question below is my immigration history.

1. April-2009 to Oct-2010 -- First entered UK as Student Visa
2. Sep-2010 to Jan-2012 - Student visa for Masters
3. Jan-2012 to Feb- 2014- PSW Visa
4. Feb-2014 to Feb-2017--- T1 Enterprenuer Visa
5. Jan-2017 - Applied for T1 Extension.
6. March-2018 Refused T1 Extension Enterprenuer Visa
7. Within 14 days Applied for Admin Review.
8. June-2018 Admin Review Refused.
9. June-2018 (within 14 days of Admin Review Applied with Fresh Application.
10.Fresh Application is still Pending with UKVI.

As you can see here, i have a break here only from June-2018 to till now.(Over-stayer) but application is pending with UKVI. Am i eligible for ILR(lr) for me and my wife FLR(M)?
What will be the chance of success of ILR(LR) Application if i veried my application in March-2019?

Please Advice me. Can you please provide me list of documents for the ILR(LR) application. I have gone through docs requirement list but i need clarification about all the bills, council tax bill as i was sharing house all the time how can i prove it?

Thanks in advance.
My understanding is that in order to be eligible for LR. You need to be 10 years legally and that must be with the valid permits.

I understand that you have been refused for your extension and this may give you chance for refusal on LR application as your current application has not been decided and in the event of another refusal, then it will also make your LR case worse as one of the requirements is that you have to be 10 years with valid permits.

If you think you can get your extension approved then it's definitely a good chance for you to gain LR as your previous refusal would be considered as continuous stay.

That's my understanding but others can clarify whether this is correct.

Thanks

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Tue Feb 26, 2019 9:37 am

Hi Marcnath & Senior Members,

I am Preparing for ILR(LR) now. I have one question for you guys.

In guideline for ILR(LR) says you can apply before 28 days if you have valid permit with you. But my situation is different, as I entered UK in 5th April 2009. Can i apply after 8th March 2019 or do i need to wait to finish my 10 years and then apply because i do not have valid permit right now and my second T1 Extension application is pending with UKVI.

Basically when can i vary my application ?

Please advice me.

Thanks in advance.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Tue Feb 26, 2019 9:19 pm

kom wrote:
Tue Feb 26, 2019 9:37 am
Hi Marcnath & Senior Members,

I am Preparing for ILR(LR) now. I have one question for you guys.

In guideline for ILR(LR) says you can apply before 28 days if you have valid permit with you. But my situation is different, as I entered UK in 5th April 2009. Can i apply after 8th March 2019 or do i need to wait to finish my 10 years and then apply because i do not have valid permit right now and my second T1 Extension application is pending with UKVI.

Basically when can i vary my application ?

Please advice me.

Thanks in advance.
If your extension application has not been decided, you have Section 3C protection, which means you have a valid visa.
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.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Wed Feb 27, 2019 8:18 am

Hi Marcnath,

I got refusal on 1st Ent Extension application and AR was Refused and then i applied for 2nd Application which is still pending. So my Section 3c ends in July 2018. Do i need to wait 10 years to be finish or i can apply 28 days before?

I have one more question for you. I have been advised that for my Dependent i can not apply as FLR(m) because as over stayer my Dividend Income will not be consider for earning proof.She Can Apply only for FLR(FP). Is that true?

Waiting for Your Advice.

Thanks.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Wed Feb 27, 2019 7:55 pm

kom wrote:
Wed Feb 27, 2019 8:18 am
Hi Marcnath,

I got refusal on 1st Ent Extension application and AR was Refused and then i applied for 2nd Application which is still pending. So my Section 3c ends in July 2018. Do i need to wait 10 years to be finish or i can apply 28 days before?

I have one more question for you. I have been advised that for my Dependent i can not apply as FLR(m) because as over stayer my Dividend Income will not be consider for earning proof.She Can Apply only for FLR(FP). Is that true?

Waiting for Your Advice.

Thanks.
Your previous refusal has nothing to do with the 28 days rule. The immigration rules do not differentiate those situations. So you can do it 28 days before.

The eligibility for ILR in this situation has been separately discussed, but if you are eligible then you are eligible 28 days before.
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.

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Thu Mar 14, 2019 3:25 pm

Hi All Senior members,

I need Urgent help regarding ILR(LR) application. As My 2nd Tier 1 Enterprenuer Application is in Pending and i have already completed my 10 years in UK. Can I vary my application to ILR(LR)?

I came across the below case which was refused by UKVI and by judicial review as well.

https://www.bailii.org/uk/cases/UKUT/IAC/2018/10.html

Please Advice me shell i go for 10 years ILR(LR) or not?

Thanks in advance.

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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by zimba » Thu Mar 14, 2019 4:07 pm

You will not be eligible for long residence as you seem to have been an overstayer since July 2018. Some people think because they were physically present for 10 years here they can apply for ILR. Remember that as the case law shows, you need 10 years of LAWFUL residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kom
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by kom » Fri Mar 15, 2019 9:19 am

Thanks Zimba for your Valuable input.

As You see above response as some applicant varied 2nd application to ILR(LR) and they get success. How do they do then?

I am fully aware of section 3C and continues residency. But still initially, i have been advised to vary my 2nd application to ILR(LR) as there is nothing mention in guideline to vary 2nd application to ILR(LR)

Please guide me.
Thanks in Advance.

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marcnath
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Re: Tier 1 Ext Refused after interview -Urgent help Needed

Post by marcnath » Fri Mar 15, 2019 9:32 am

kom wrote:
Fri Mar 15, 2019 9:19 am
Thanks Zimba for your Valuable input.

As You see above response as some applicant varied 2nd application to ILR(LR) and they get success. How do they do then?

I am fully aware of section 3C and continues residency. But still initially, i have been advised to vary my 2nd application to ILR(LR) as there is nothing mention in guideline to vary 2nd application to ILR(LR)

Please guide me.
Thanks in Advance.
There have been a number of people who have posted here who successfully varied their 2nd application to ILR (LR).
The case you posted is different as the person tried to do ILR (LR) during JR of the 2nd application - that is clearly not possible as JR is outside the immigration process and 39E does not apply.
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.

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