Tier 1 entrepreneur extension and ILR

Hi senior memebers,

Need a suggestion about tier 1 entrepreneur extension( team) . My time line is mentioned below:

-Initial visa granted on 28 march 2014
-Extension applied on 22 march 2017
-Interview conducted in virtual office on 25 nov 2017
-Varried application to FLR FP on 5 april 2018
-Refusal recieved on 19 april 2018
-AR done by solicitor and explained that we already varied the application so HO accepted the varied application and refunded the extension application fee .
-before biometric for Flr FP on 29 july 2018 extension applied again with updated documents including the points covered and explained which we recieved in refusal letter.
- No update since we applied the extension i.e 29/7/18

Now the question is if we can apply ILR as our 5years on tier 1 visa completing on 28/03/19 .if we can then ,does that matter we had varied the application and re applied the extension . If we cannot then how can we meet the target time i.e november 2019 for 10years . As we are worried if we get another refusal before that what would be the possible solution that time to get to the Long residency route?

Your help in this regard will be highly appreciated .

Yes you can however the extension requirements all apply.

Thanks for your reply zimba.

A bit confusion about what you said as i just spoke to a solicitor and he said there is no such rule where you can vary your application to ILR while your extension application is pending. As per the solicitor we need to wait untill we successfully granted a extension visa . Could you please help in this regard .

Rf01 wrote: ↑

Thu Mar 07, 2019 3:52 pm

Thanks for your reply zimba.

A bit confusion about what you said as i just spoke to a solicitor and he said there is no such rule where you can vary your application to ILR while your extension application is pending. As per the solicitor we need to wait untill we successfully granted a extension visa . Could you please help in this regard .

https://assets.publishing.service.gov.u ... .0-ext.pdf

You can vary any pending application as per Immigration Act 1971.
However if you have been an overstayer and then you vary, your ILR will be refused as the time spent as an overstayer will not count towards your ILR. This is why you need to regularise your lawful stay then apply for ILR to avoid a refusal. This might be the basis for the advice given to you.
However in your case as far as I see, you have had section 3C protection which counts as lawful residence. So if you vary to ILR, you should not face no such issue.

Thanks Aman90 and Zimba for your help. I have booked an appointment with well known solicitors next week to discuss our case . I will update you guys accordingly. Thanks again for your quick response with guidance.

Hi, any update that what your solicitor advised you indeed?

Hi senior memebers,

Need a suggestion about tier 1 entrepreneur extension( team) to ILR. My time line is mentioned below:
PSW was ending on 20 April 2013
Initial visa applied 15 April 2013
*Refused 25 May 2013 with right of appeal ,court hearing date was 23 January 2014 , on the date of hearing we withdrawn our appeal in court as guided by barrister as he showed and said weak points of case. So we withdrawn our case and applied fresh application before end of 14 days (allowed time was 28days to apply another application).
-Initial visa granted on 28 march 2014
-Extension applied on 22 march 2017
-Interview conducted in virtual office on 25 nov 2017
-Varried application to FLR FP on 5 april 2018
-Refusal recieved on 19 april 2018
-AR done by solicitor and explained that we already varied the application so HO accepted the varied application and refunded the extension application fee .
-before biometric for Flr FP on 29 july 2018 extension applied again with updated documents including the points covered and explained which we recieved in refusal letter.
- set(o) applied as completed 5years on tier 1 entrepreneur visa on 15 May 2019.

Now the question is if we can apply ILR on 10years basis in november?

**The main concern is for the point where we withdrawn our case from court and applied a fresh application and visa was granted , would that period will count as a lawful long residence or not?**

Your help in this regard will be highly appreciated .

Yes it should count as lawful (technically disregarded overstaying)

Thanks zimba for your quick reply . Really appreciate that

Hi zimba and other respected members,

I spoke to a solicitor yesterday and he said we are not eligible for lawful long residency because of the period (i mention in my previous post )where we withdrew our application from the court and applied Tier 1 entrepreneur visa and granted. He said from the date you withdrawn your application till the visa granted ( which is almost 2months) will not count as 3c was not valid in that period. Could you please suggest what to do and i will appreciate your help if anyone can share any official link where it says that in the cases like mine will be consider as a eligibility for 10yrs long residency as visa was granted.

That solicitor is wrong.
In Immigration rules part 7, under 276B(v) rules of ILR under long residence says:

(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

So periods of overstaying between your leaves will be disregarded when paragraph 39E applies.
Paragraph 39E of the immigration rules allows you to apply for an application within 14 days fo section 3C ending and if that application is successful (which is in your case) then such a period will be disregarded under provisions of 276B(v) for long residence.

39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or

(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and

(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Thank you zimba Thanks for the references you sent