Indefinite leave to remain application

Hello Everyone,

I have been awaiting on a decision regarding my Tier 1 Entrepreneur Extension. While waiting i have completed my 5 years for ILR under the 5 year route.

The timeline of my application is as follows;

1. I was granted Initial Tier 1 Entrepreneur Visa 8th Aug 2014.
2. I applied for extension on my Tier 1 Entrepreneur visa 8th Aug 2017.
3. I got refused May 2018 because I had combined part time and full time staff (this was not possible because i had applied after May 2014). So i was short of 2 months which is why i was refused.
4. I did admin review End of May 2018 challenging the decision and i was told they made a mistake and gave me an opportunity to put in another admin review in June for another 28 days with no charge which was unsuccessful.
5. I put in a new application July 2018. Because i had continued employment after my application, I was able to supply 6 months period of employment to make up for the 2 months i was short of.
6. 2 weeks after received the complex letter.
7. I had an interview 16th Aug 2019 at my registered address.
8. Still awaiting a decision from home office.
9. I completed my 5 years while awaiting a decision from home office this Aug 2019.

My question is;

1. Am i eligible or can I vary my application from Tier 1 Entrepreneur visa Extension to ILR instead?
2. What are the requirement to vary the application to ILR through the 5 year route.
3. Will the requirement of having 2 roles for a 12 month period be needed? Will this be 12 months proceeding the application from Tier 1 Entrepreneur to ILR or 12 months from when the Entrepreneur extension is granted (although i have not been granted).
4. Or am i better off awaiting a decision from home office for my Tier 1 Entrepreneur extension to be granted?

I have waited from 25 months and i am so stressed from waiting.

I will appreciate your thoughts on this.

EE.

You do not have 5 years of continuous residence to get ILR. Given you applied for a new application in July 2018 when your section 3C ended, you have been an overstayer since then. You must regularise your stay, maintain two positions for 12 months after extension and then apply for ILR

Thanks for your response Zimba. I was never an over stayer. I was given 14 days and within 7 days and i did an admin review to buy time. HO got back to me and advised they made a mistake with their refusal and asked me to put in another admin review. My application was in before the second admin review response.

I hope this clarifies things.

You are an overstayer from the date the second admin review was unsuccessful in June/July 2018, which is when your section 3c protection ended, regardless of when or how quickly you made a new application for tier 1.

CR001, thanks for your response. If i was an over stayer, how could i have been able to put in an application? I put in a new application before my second admin review. If i was refused, i would have been asked to leave immediately and application refused. So i am a bit confused when you say i am an over stayer?

EEE wrote: ↑

Mon Sep 09, 2019 12:28 pm

CR001, thanks for your response. If i was an over stayer, how could i have been able to put in an application? I put in a new application before my second admin review. If i was refused, i would have been asked to leave immediately and application refused. So i am a bit confused when you say i am an over stayer?

If you submitted a new extension application before the admin review was decided, then the admin review would have been withdrawn automatically. Submitting another extension application after visa expiry and admin review failure does not reinstate your Section 3C protection under the immigration rules.

Read what zimba has written again.

The period of overstay will only be ignored for ILR purposes if your extension application is successful.

EEE wrote: ↑

Mon Sep 09, 2019 12:09 pm

HO got back to me and advised they made a mistake with their refusal and asked me to put in another admin review.

Can you shed more light on their mistake? Why would they ask you to put in a new admin review due to their mistake?

EEE wrote: ↑

Mon Sep 09, 2019 12:28 pm

CR001, thanks for your response. If i was an over stayer, how could i have been able to put in an application? I put in a new application before my second admin review. If i was refused, i would have been asked to leave immediately and application refused. So i am a bit confused when you say i am an over stayer?

There is no confusion. When you are protected by section 3C, you CANNOT apply for a new application. If you do, section 3C must end first before a new application can proceed. This is why as per procedures, a pending AR will be automatically considered withdrawn when you put in a new application so that section 3C can come to an end. This is to facilitate the new application going ahead.
Overstayers can apply for a new application within 14 days of becoming overstayers under paragraph 39E, so such an application from an overstayer will be accepted but you will have no section 3C and so you become an overstayer from that point onwards. UKVI will not seek to remove such applicants despite of them being overstayers as long as they have a pending application.

Unless your new application is granted, you cannot get ILR neither under SET(O) nor under SET(LR) as you will fail the continuous lawful residence requirement

I am applying for my leave to remain in the UK and i have forgotten the specific date for one of my visit outside the country. I can remember the month and year but not the date. My passport was stamped but that passport expired. After I was refused for a previous application, the home office never returned the passport back. I had to apply for a new passport to reapply. Is there a way around this? Thanks in advance.

EEE wrote: ↑

Fri Aug 28, 2020 2:19 pm

I am applying for my leave to remain in the UK and i have forgotten the specific date for one of my visit outside the country. I can remember the month and year but not the date. My passport was stamped but that passport expired. After I was refused for a previous application, the home office never returned the passport back. I had to apply for a new passport to reapply. Is there a way around this? Thanks in advance.

Check your travel tickets/boarding passes

Thanks. But the ticket was bought by someone who i am no longer in contact with. The confirmation was sent to their email. I am trying to get their contact. But exploring alternative options.

EEE wrote: ↑

Fri Aug 28, 2020 2:44 pm

Thanks. But the ticket was bought by someone who i am no longer in contact with. The confirmation was sent to their email. I am trying to get their contact. But exploring alternative options.

Check your email as the confirmation must have been forwarded to you. Check your old pictures or work schedule.

Thanks so much for all your suggestions. I found a contact for my friend and i now have the exact dates.