Tier One Extention approved after 2 and half years

Frontier Mole · Post by **Frontier Mole** » Sat Mar 23, 2019 9:08 am

It will be interesting to see if they reconsider your business as it was then or as it is now. If they consider your current position, in that there is no business they will obviously refuse your extension.

What has your lawyer said about the reconsideration?

Personally in your circumstances I would have carried on with the JR as that pushes the Home Office into a position that they overturn or grant rather than reconsider. The problem with that course of action is if you lost the JR you would be liable for their costs.

The interview notes are the key element here. If as you state that the notes contained incorrect information and are not a representative record of the interview then the issue will be how to overcome that. In the case where the business carried on a re-interview would give the opportunity to address those issues.

longwaiting · Post by **longwaiting** » Wed Apr 10, 2019 1:15 pm

Zimba wrote: ↑
Wed Mar 20, 2019 8:41 pm
Unfortunately this is the best you can get at this point. I believe that as they agreed to reconsider, your section 3C continues. I hope this takes less than 3 months

As I told my solicitor about the Section 3c and also possible way of dealing with them to grant the visa rather than reconsideration, this is what solicitor advised me:

The information you have heard about 3C leave is not correct. You were not lawfully resident in the UK when your last application was submitted (Fresh Aplication whitin 14 days after first refusal ) so there is no 3C leave to reinstate. You remain on immigration bail and only if the reconsideration of your application results in your application being approved will you again become lawfully resident in the UK. However, as the Home Office will be reconsidering your application I do not anticipate that they will take any of the actions such as closing your bank account or revoking your driving licence during this time.

About the possible deal with them after they accept to reconsider rather than continue JR:

The current negotiations with the Home Office legal department is purely to agree on what basis your application will be reconsidered and has nothing to do with the actual reconsideration. Once the terms of the reconsideration have been agreed by the Home Office legal department the matter will be returned to the Home Office caseworking department to reconsider the application based on the documents provided. The reconsideration will focus on the documents provided with the application and so really will be an assessment of your business at that stage. While the current state of your business is a relevant factor, I would not anticipate them using this as a basis to refuse your application given that the reason the business is currently dormant is due to the previous flawed decision they made with your last application.

But Zimba was thinking section 3c can reinstate, which I also dont understand if after first refusal and fresh application i was not lawfully resident in the UK then, how 7 month after that, they came to interview and one year after they refused the application and I had my business running during that time. ??

zimba · Post by **zimba** » Wed Apr 10, 2019 1:40 pm

Zimba wrote: ↑
Wed Mar 20, 2019 8:41 pm
Unfortunately this is the best you can get at this point. I believe that as they agreed to reconsider, your section 3C continues. I hope this takes less than 3 months

I think I mistakenly said that your section 3C continues but clearly that was your second application which I missed as I previously had told you:

Zimba wrote: ↑
Mon Nov 26, 2018 1:03 am
You mentioned this is your second application to be refused. You already took advantage of the 14 days allowed under 39E to apply for your second application. The problem is that given you have been an overstayer for more than 14 days (since your section 3C ended), any new application will be refused automatically.

You have been an overstayer since your first application AR was concluded. Sorry about the confusion caused by my second comment

Olampic · Post by **Olampic** » Wed May 08, 2019 5:01 am

Hello My friends
My tire one (Entrepreneur) visa approved after Two and half years waiting and I must say it was a very difficult time. Special thanks to Zimba and other moderators which they had a fantastic help and advice. God bless you all.
I came to UK in 2013 and when I submit my first extension application it was rejected after 2 month, I made a fresh application within 14 days and continued my business and employees for more than 18 month until the second application rejected and I had to stop the business and go for JR. Fortunately because their reason was so unfair, HO withdrew their rejection and after 7 month, I got the extension Visa now.
now If you could please give me your opinion with these two questions:
After second application I did run my business and had my employees for more than 18 months. Can I use them and go directly for ILR ? Or i have to build the business again and go for another year to meet the 12-month employment requirement again?
and also because I have been now in UK for more than 5.5 years since I got this visa and never left the UK, is there any other way I can go for ILR without need to follow Extension tire one requirement?
Thank you

marcnath · Post by **marcnath** » Wed May 08, 2019 8:29 am

Olampic wrote: ↑
Wed May 08, 2019 5:01 am
Hello My friends
My tire one (Entrepreneur) visa approved after Two and half years waiting and I must say it was a very difficult time. Special thanks to Zimba and other moderators which they had a fantastic help and advice. God bless you all.
I came to UK in 2013 and when I submit my first extension application it was rejected after 2 month, I made a fresh application within 14 days and continued my business and employees for more than 18 month until the second application rejected and I had to stop the business and go for JR. Fortunately because their reason was so unfair, HO withdrew their rejection and after 7 month, I got the extension Visa now.
now If you could please give me your opinion with these two questions:
After second application I did run my business and had my employees for more than 18 months. Can I use them and go directly for ILR ? Or i have to build the business again and go for another year to meet the 12-month employment requirement again?
and also because I have been now in UK for more than 5.5 years since I got this visa and never left the UK, is there any other way I can go for ILR without need to follow Extension tire one requirement?
Thank you

If you had two employees within the last 12 months, you can apply for ILR straightaway. Otherwise, you need to create two jobs to qualify for ILR.

There are no other way to go for ILR at this point in time.

CR001 · Post by **CR001** » Wed May 08, 2019 9:52 am

Have you registered a second username to post??

member/longwaiting/

Multiple usernames (click)

Administrator wrote: ↑
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

Olampic · Post by **Olampic** » Wed May 08, 2019 5:58 pm

CR001 wrote: ↑
Wed May 08, 2019 9:52 am
Have you registered a second username to post??

member/longwaiting/

Multiple usernames (click)

Administrator wrote: ↑
Fri Dec 01, 2006 2:46 pm
.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin
after changing laptop the password for the first one is gone and whatever i tried for rest and get new password did not work, so i do not have any access to the first one, this is the only way to communicate with you.

jonser · Post by **jonser** » Thu May 09, 2019 5:44 pm

Congratulations...I have been following your story.

Olampic · Post by **Olampic** » Fri May 10, 2019 4:38 am

jonser wrote: ↑
Thu May 09, 2019 5:44 pm
Congratulations...I have been following your story.

Thank you my friend. it was really hard time and very expensive. I wish the best for you and others here.

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Tier One Extention approved after 2 and half years

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