Applying for ILR

Hi,

Please help
I have a tier 1 visa that was issued in 2015, I have successfully got an extension in 2017, I will be applying for ILR in September 2020, I have not had created two jobs for 12 months since September 2018, will my 20 year old dependent be refused ILR, and what will happen to me after they refuse ILR, can I apply again once 12 months of 2 jobs is created?

You have not satisfied the requirements of either extension or ILR under Tier 1E rules. Your now adult dependant can only get visa if you are granted visa. What is the validity of your visa and how are you going to create two positions for 12 months ?

I was granted an extension in 2017, in September 2020 ill have been here for 5 years and have to apply for ilr

I am not sure as there is not enough time left

What is your query ??! You do not qualify for ILR. Are you expecting miracles ?

Zimba wrote: ↑

Tue Jan 14, 2020 12:38 am

What is your query ??! You do not qualify for ILR. Are you expecting miracles ?

I am asking about what will happen after.

Zimba wrote: ↑

Tue Jan 14, 2020 12:38 am

What is your query ??! You do not qualify for ILR. Are you expecting miracles ?

For example will I be able to apply for ILR again after a certain period of time or have to move to another type of visa and will the 5 years i lawfully spent in the UK count, keep in mind my son can not leave back to our home country because he will be requested to join the army and because of the war going on now there

Or for example will I be able to make more than two work positions and will substitute for the others? Like 3 positions for 4 months

Adz357 wrote: ↑

Tue Jan 14, 2020 12:44 am

Or for example will I be able to make more than two work positions and will substitute for the others? Like 3 positions for 4 months

This is not possible anymore under the rules. You need at least two positions lasting for 12 months each. Do you have any employees at all ??


If you successfully switch to another category of visa, you cannot get ILR under TIer 1E rules. Your 5 years will be lost. If you there are humanitarian grounds, you both can apply under FLR(HRO) before visa expiry however again you will lose your 5 years under PBS if such application is successful.
If your application is refused however, you will be given appeal rights and by that time you may have enough employment to instead apply again for ILR under Tier 1E. This is possible because the time spent under any appeal will be lawful under section 3C (technically extends your TIer 1E visa). Remember in that scenario, if you withdraw your appeal and apply for ILR under TIer 1E, you both become overstayers and must until your ILR is granted.