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Covid related extension

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

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ekbe01
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Covid related extension

Post by ekbe01 » Thu Jan 06, 2022 3:45 pm

Dear forum,
I need your advice.
I will be applying for a covid-related extension in two weeks time.
According to the rules, IF I am successful with my application, I will be given another two years during which, in order to apply for the settlement, I will have to show additional 2 jobs (or the same full-time jobs) that will exist for another 12 months.
I'm only lacking 3 months to complete the 2-job-12-month requirement so it's a bit sad to be stuck for at least another year and not being able to apply for the ILR sooner (which is entirely my fault but still...)
Question.
Is there any way I could somehow extend the application process for as long as possible so that I could vary my application in about three months time and apply for the ILR?
Thank you thank you

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Fri Jan 07, 2022 10:46 am

Question 2 – Police registration
I received my Tier 1 (E) extension two months before the first lockdown and didn’t register it with the overseas police office immediately for a personal reason. With the beginning of the lockdown, the Overseas Visitors Records Office got closed so I didn’t register my new visa with the police at all.
I did book a visit to the Overseas office when it became possible but the nearest slot was December 2022. My latest extension is not mentioned in my police certificate.
Question: to what extend / how will it affect me?
Thank you!

(my 1st question about how to win some time is still there so I will appreciate if anyone could help, please)

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zimba
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Re: Covid related extension

Post by zimba » Fri Jan 07, 2022 12:25 pm

You can delay your biometrcis. That is the only way to delay the application. Police registration is minor issue and has no effect
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Fri Jan 07, 2022 1:43 pm

Thank you, Zimba, you're always of help.
Zimba wrote:
Fri Jan 07, 2022 12:25 pm
You can delay your biometrcis.
Do you know by any chance what's the maximum time I can delay it for?
Thanks again.

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Re: Covid related extension

Post by zimba » Fri Jan 07, 2022 2:47 pm

45 days from the date of application I believe
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Sun Jan 09, 2022 3:17 pm

Thanks so much, Zimba.
Further questions:
(1) Will the time between the application date and the biometrics date be considered towards the job creation requirement? Example:
Current leave to remain expires 1 Feb
Application date 1 Feb
Biometrics and evidence submitted 6 March
Will period 1 Feb - 6 March be countered towards the current T1(E) job creation?
(2) Can an application be changed (from T1 extension to ILR) before biometrics/evidence is submitted? If yes, will it 'restart' the 45 days to submit evidence?
Thank you!

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marcnath
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Re: Covid related extension

Post by marcnath » Sun Jan 09, 2022 3:43 pm

ekbe01 wrote:
Sun Jan 09, 2022 3:17 pm
Thanks so much, Zimba.
Further questions:
(1) Will the time between the application date and the biometrics date be considered towards the job creation requirement? Example:
Current leave to remain expires 1 Feb
Application date 1 Feb
Biometrics and evidence submitted 6 March
Will period 1 Feb - 6 March be countered towards the current T1(E) job creation?
(2) Can an application be changed (from T1 extension to ILR) before biometrics/evidence is submitted? If yes, will it 'restart' the 45 days to submit evidence?
Thank you!
(1) No. All requirements are expected to be fulfilled by the application date. The biometrics date or visa processing time does not count.
(2) Yes, you can vary the application by submitting a new one and the 45 days will 'restart' as it is a totally new application.
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.

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Sun Jan 09, 2022 10:28 pm

marcnath wrote:
Sun Jan 09, 2022 3:43 pm
(2) Yes, you can vary the application by submitting a new one and the 45 days will 'restart' as it is a totally new application.
Hmm… this way you can vary your application a few times until you fulfil the requirements by the last application date… Just speculating, not planning to do so.

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Mon Jan 10, 2022 1:42 pm

Nope.
"The application date will remain as the date you submitted the previous application" - https://www.gov.uk/guidance/vary-your-i ... pplication

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marcnath
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Re: Covid related extension

Post by marcnath » Mon Jan 10, 2022 1:58 pm

ekbe01 wrote:
Mon Jan 10, 2022 1:42 pm
Nope.
"The application date will remain as the date you submitted the previous application" - https://www.gov.uk/guidance/vary-your-i ... pplication
Correct, the application date remains the date of the 1st application. If that were not the case, there would be an overstay period between 1 Feb and the date of application, leading to its potential rejection.
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.

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Mon Jan 10, 2022 3:06 pm

marcnath wrote:
Mon Jan 10, 2022 1:58 pm
Correct, the application date remains the date of the 1st application. If that were not the case, there would be an overstay period between 1 Feb and the date of application, leading to its potential rejection.
Understand. So playing with dates and varying my application won't help and won't gain me any extra time.
What happens if my T1E extension gets refused? Will I be able to place a new application? Will I be an overstayer?
Thank you

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 3:52 pm

From the Guidance "Validation, variation and withdrawal of applications":
Date of application: application to vary
Where an application is varied, the application date remains the date of the original
application for the purpose of whether an applicant has, or will have, section 3C
leave.
...
However, where a variation application is made, the date the variation application is made is the date to be used for the purposes of assessment against the requirements of the Rules: for example, if the applicant must have funds of x amount on the date of application you should assess whether they had funds of that amount on the date on variation.
So the application date is the same,
But the date to meet the requirements is different! Great.

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 3:55 pm

Dear Forum,
I'm applying for a covid related T1E extension, after all.

Question re jobs creation:
When calculation jobs, can I include jobs that existed after the application date for the previous T1E extension but before I got the approval?

Example:
Initial T1(E) expired 6 Dec 2019
Applied to extend it on 6 December 2019
Approved on 14 Jan 2020
Current T1E expires 14 Jan 2022

Can I use jobs that existed between 6 Dec 2019 and 14 Jan 2020 towards the current T1E job creation?

These jobs were not used to score points during my previous extension (because they existed after the application date). But the current leave starts on 14 Jan 2020.
I'm sure I've seen some comments about it somewhere but can't find them anymore so any help will be very much appreciated here.

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marcnath
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Re: Covid related extension

Post by marcnath » Thu Jan 13, 2022 5:55 pm

ekbe01 wrote:
Mon Jan 10, 2022 3:06 pm
marcnath wrote:
Mon Jan 10, 2022 1:58 pm
Correct, the application date remains the date of the 1st application. If that were not the case, there would be an overstay period between 1 Feb and the date of application, leading to its potential rejection.
Understand. So playing with dates and varying my application won't help and won't gain me any extra time.
What happens if my T1E extension gets refused? Will I be able to place a new application? Will I be an overstayer?
Thank you
Interestingly, if you get refused, you get the extra time. You can submit a new application within 14 days of refusal. You are an overstayer, but that 14 days of overstay can be disregarded. You are making a totally new application, so the application date is changed.
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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marcnath
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Re: Covid related extension

Post by marcnath » Thu Jan 13, 2022 5:56 pm

ekbe01 wrote:
Thu Jan 13, 2022 3:55 pm
Dear Forum,
I'm applying for a covid related T1E extension, after all.

Question re jobs creation:
When calculation jobs, can I include jobs that existed after the application date for the previous T1E extension but before I got the approval?

Example:
Initial T1(E) expired 6 Dec 2019
Applied to extend it on 6 December 2019
Approved on 14 Jan 2020
Current T1E expires 14 Jan 2022

Can I use jobs that existed between 6 Dec 2019 and 14 Jan 2020 towards the current T1E job creation?

These jobs were not used to score points during my previous extension (because they existed after the application date). But the current leave starts on 14 Jan 2020.
I'm sure I've seen some comments about it somewhere but can't find them anymore so any help will be very much appreciated here.
No you can't. It is jobs AFTER grant of extension, ie. after 14 Jan 2020.
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.

ekbe01
Member
Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 7:18 pm

marcnath wrote:
Thu Jan 13, 2022 5:55 pm
Interestingly, if you get refused, you get the extra time. You can submit a new application within 14 days of refusal. You are an overstayer, but that 14 days of overstay can be disregarded. You are making a totally new application, so the application date is changed.
Yep that’s exactly what it was all about )
But I understand I will also be able to vary my application AND use jobs to the date of the variation.
Thanks for all the help and support!

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marcnath
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Re: Covid related extension

Post by marcnath » Thu Jan 13, 2022 7:41 pm

ekbe01 wrote:
Thu Jan 13, 2022 7:18 pm
marcnath wrote:
Thu Jan 13, 2022 5:55 pm
Interestingly, if you get refused, you get the extra time. You can submit a new application within 14 days of refusal. You are an overstayer, but that 14 days of overstay can be disregarded. You are making a totally new application, so the application date is changed.
Yep that’s exactly what it was all about )
But I understand I will also be able to vary my application AND use jobs to the date of the variation.
Thanks for all the help and support!
I don't think you can use jobs to the "date of variation". There is no such date defined anywhere. The only yardstick is "date of application" and that is the date of your first application. So, if you vary your application, you still need to meet the requirements as of the date of your first application.
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.

ekbe01
Member
Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 8:09 pm

marcnath wrote:
Thu Jan 13, 2022 7:41 pm
I don't think you can use jobs to the "date of variation". There is no such date defined anywhere. The only yardstick is "date of application" and that is the date of your first application. So, if you vary your application, you still need to meet the requirements as of the date of your first application.
yes there is, have a look:
ekbe01 wrote:
Thu Jan 13, 2022 3:52 pm
From the Guidance "Validation, variation and withdrawal of applications":
Date of application: application to vary
Where an application is varied, the application date remains the date of the original
application for the purpose of whether an applicant has, or will have, section 3C
leave.
...
However, where a variation application is made, the date the variation application is made is the date to be used for the purposes of assessment against the requirements of the Rules: for example, if the applicant must have funds of x amount on the date of application you should assess whether they had funds of that amount on the date on variation.
So the application date remains the same,
But the date to meet the requirements is different!!!

ekbe01
Member
Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 8:12 pm

Another question about dates:
marcnath wrote:
Thu Jan 13, 2022 5:55 pm
Interestingly, if you get refused, you get the extra time. You can submit a new application within 14 days of refusal. You are an overstayer, but that 14 days of overstay can be disregarded. You are making a totally new application, so the application date is changed.
In this case, do I need to satisfy the requirements to the date of the new application or to the date of the refusal? Thanks

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marcnath
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Re: Covid related extension

Post by marcnath » Thu Jan 13, 2022 9:12 pm

ekbe01 wrote:
Thu Jan 13, 2022 8:12 pm
Another question about dates:
marcnath wrote:
Thu Jan 13, 2022 5:55 pm
Interestingly, if you get refused, you get the extra time. You can submit a new application within 14 days of refusal. You are an overstayer, but that 14 days of overstay can be disregarded. You are making a totally new application, so the application date is changed.
In this case, do I need to satisfy the requirements to the date of the new application or to the date of the refusal? Thanks
First and foremost - try not to depend on this. There is no clear definition that you can rely on.
The actual requirement is that the jobs must be created "during the period of the most recent grant of leave". Strictly speaking, that means the expiry date of your first grant.
When there is an application being processed, you are under Section 3C leave which is not an extension of the initial grant. It is a separate leave that that just has the same conditions of your previous leave.
However, people here have reported that, on a new application, the additional period has been taken into account.
That is what I made my comments on, not based on the actual immigration rule.
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.

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Thu Jan 13, 2022 9:16 pm

marcnath wrote:
Thu Jan 13, 2022 9:12 pm
First and foremost - try not to depend on this. There is no clear definition that you can rely on.
Understand. THank you

ekbe01
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Posts: 121
Joined: Mon Sep 21, 2015 7:17 pm
Russia

Re: Covid related extension

Post by ekbe01 » Fri Jan 14, 2022 1:50 pm

Question about the online application form:
Do I need to include all the jobs that I created into the application form or only those that I use to qualify for the extension?
Thank you

ekbe01
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Posts: 121
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Russia

Re: Covid related extension

Post by ekbe01 » Fri Jan 14, 2022 6:38 pm

BTW and for info: It's now 3 months to provide biometrics and documents.
Applied 14 Jan, bio/docs should be provided by 18 March.

ekbe01
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Re: Covid related extension

Post by ekbe01 » Fri Jan 14, 2022 7:15 pm

oops
no
9 weeks

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marcnath
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Re: Covid related extension

Post by marcnath » Sat Jan 15, 2022 10:56 pm

ekbe01 wrote:
Fri Jan 14, 2022 1:50 pm
Question about the online application form:
Do I need to include all the jobs that I created into the application form or only those that I use to qualify for the extension?
Thank you
Only those relevant for the points are mandatory.
Entirely optional if you want to include others.
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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