14 months waiting for extension

alyo · Post by **alyo** » Tue Dec 12, 2017 10:37 pm

hi

hi i have applied for my tier 1 extension about 2 months ago and i have received the complex letter.
can i sell my current business and start a new business whilst i wait for home office to reply as i am making a huge loss on a monthly basis?

thanks
alfie

marcnath · Post by **marcnath** » Tue Dec 12, 2017 11:02 pm

Sure. Nothing in the immigration rules prevents you from doing that.

bizman · Post by **bizman** » Wed Dec 13, 2017 12:25 am

alyo wrote: ↑
Tue Dec 12, 2017 10:37 pm
hi

hi i have applied for my tier 1 extension about 2 months ago and i have received the complex letter.
can i sell my current business and start a new business whilst i wait for home office to reply as i am making a huge loss on a monthly basis?

thanks
alfie

You can definitely sell your business but keep all records of the business you are selling just in case.

alyo · Post by **alyo** » Thu Dec 14, 2017 12:37 pm

Thanks guys for your reply.
I read somewhere that you have to be trading the whole time that apllication at home office is pending.

If i sell the business then there will a period where i am searching for a new business to set up.

It is very confusing and i do not want to put my application in jeopardy.

Thanks
Alfi

zimba · Post by **zimba** » Thu Dec 14, 2017 12:51 pm

You need to be the director of an activity trading business or self employed.

alyo · Post by **alyo** » Fri Oct 12, 2018 11:49 am

Hello everyone

I have started a new company and i have informed home office that my circumstances have changed since i applied.

I have sent them the current appointment report.

Shall i also invest 25,000 into the new compay to show them my intentions? Or it would not matter to them wether i invest or not?

Thanks
Alf

zimba · Post by **zimba** » Fri Oct 12, 2018 12:04 pm

Change of circumstances is very specific like changing your name. https://www.gov.uk/change-circumstances-visa-brp

However It has nothing to do with changes in your business circumstances under Tier 1E

You do not need to update them on your business changes

alyo · Post by **alyo** » Thu Oct 25, 2018 10:41 am

hello guys ,

I have now been waiting for 13 months for my extension approval. I have sold my business 6 months ago and i am waiting for them to reply.

I can not invest in a new business simply because i do not know the outcome of my application yet?

Mp and my solicitor wrote to them and we received another complex letter.

is there anything i can do to speed things up?

thanks
alf

marcnath · Post by **marcnath** » Thu Oct 25, 2018 10:48 am

Not really. Unfortunately it is what it is.
But what prevents you from starting on your next business?

alyo · Post by **alyo** » Thu Oct 25, 2018 11:23 am

Hi

Thank you for your reply. The reason is simple it is due to the high refusal rate which is well over 50%. If i get a refusal i have to leave the country. Also any business contract for premisis etc .. Is law binding and ia usually at least 5 years.

I simply do not know if i have a future in the UK.

Thanks

marcnath · Post by **marcnath** » Thu Oct 25, 2018 3:12 pm

alyo wrote: ↑
Thu Oct 25, 2018 11:23 am
Hi

Thank you for your reply. The reason is simple it is due to the high refusal rate which is well over 50%. If i get a refusal i have to leave the country. Also any business contract for premisis etc .. Is law binding and ia usually at least 5 years.

I simply do not know if i have a future in the UK.

Thanks

Fair enough - though I am not sure where you got that stats from.
Remember that only a small number of applicants post on this forum and many of those post once they get a refusal. So I hope you are not using this forum to base your conclusion.

alyo · Post by **alyo** » Thu Nov 01, 2018 3:56 pm

Hi

Thanks for your reply. What do the rules state?

Must an entrepreneur remain trading during the waiting period?

Thanks
Alf

marcnath · Post by **marcnath** » Thu Nov 01, 2018 4:02 pm

alyo wrote: ↑
Thu Nov 01, 2018 3:56 pm
Hi

Thanks for your reply. What do the rules state?

Must an entrepreneur remain trading during the waiting period?

Thanks
Alf

The rules do not require you to remain trading during the waiting period.

But the rules require that you intend to continue to be an entrepreneur. And, if you are not trading, HO may question if you meet that criteria.

alyo · Post by **alyo** » Sun Nov 11, 2018 9:22 pm

hi guys

I am still waiting. my solicitor advised that i start or join a business and write to HO. she thinks it will improve my status.

i want to join an existing business ( supermarket/butcher/bakery) that sells arabic products. the lease for the supermarket is held by a ltd company.(one director)

I have two options.

1- become second director and share running costs and split income.

2- become second director and buy 30% of the business and employee 2 extra workers on the payroll.

must the money to purchase shares come from my business account or personal?

can you please clarify how must joining a business be interms of the process.

thanks
alf

marcnath · Post by **marcnath** » Sun Nov 11, 2018 11:21 pm

You should talk to a lawyer or accountant about the process of joining a business.

From immigration rules, either way you proposed is fine.

Since you would have satisfied the investment requirements for your extension, how you make the investment does not matter. You don’t have to provide any information about that to HO.

alyo · Post by **alyo** » Thu Dec 13, 2018 9:47 pm

hi guys

i have sold my business after i sent out my extension application. I am not doing anything at the moment, my solicitor thinks it would be a good idea to join or start a business.

A friend of mine is a sole trader and his annual turnover is 30k to 40k and works from home. I plan for my company to join his business? will that be an acceptable business whilst i wait for decision?

thanks

marcnath · Post by **marcnath** » Thu Dec 13, 2018 10:09 pm

alyo wrote: ↑
Thu Dec 13, 2018 9:47 pm
hi guys

i have sold my business after i sent out my extension application. I am not doing anything at the moment, my solicitor thinks it would be a good idea to join or start a business.

A friend of mine is a sole trader and his annual turnover is 30k to 40k and works from home. I plan for my company to join his business? will that be an acceptable business whilst i wait for decision?

thanks

Please do not start new posts for every question. I have now merged multiple posts.

This seems to be the same question asked over and over again with slight variations. Haven't the various answers convinced you that it does not matter what business you do from immigration rules.

alyo · Post by **alyo** » Fri Dec 14, 2018 7:41 pm

guys

sorry that i keep repeating. however i have been screwed by my current immigrationbarrister who informed me that i have to spend the whole 200,000 before the extension as it was a requirement. spent 248k.

after spending the whole 200k on my restaurant i basically ran our of money and could barely have enough money in the bank as my restaurant was not covering the running cost.

she also informed me that i have to be trading every second in the waiting period and that i must not cease trading for even a day as it is a requirement.

this is an immigration barrister that charges a fortune for the extension.

now i have no business and very little money 20k. that is why i want to be 100% sure.

thanks
alf

marcnath · Post by **marcnath** » Fri Dec 14, 2018 10:17 pm

alyo wrote: ↑
Fri Dec 14, 2018 7:41 pm
guys

sorry that i keep repeating. however i have been screwed by my current immigrationbarrister who informed me that i have to spend the whole 200,000 before the extension as it was a requirement. spent 248k.

after spending the whole 200k on my restaurant i basically ran our of money and could barely have enough money in the bank as my restaurant was not covering the running cost.

she also informed me that i have to be trading every second in the waiting period and that i must not cease trading for even a day as it is a requirement.

this is an immigration barrister that charges a fortune for the extension.

now i have no business and very little money 20k. that is why i want to be 100% sure.

thanks
alf

You should report the barrister to The Office of the Immigration Services Commissioner ( OISC ) for incorrect advice.

To repeat, there are no restrictions on a T1E holder doing any business as long as it is legal.

bizman · Post by **bizman** » Sat Dec 15, 2018 11:19 am

This is a terrible experience and huge waste of hard earned resources. All things been equal I don’t think your extension should be difficult if you have all required documents as it is obvious you have invested even more than required funds. Whether you made a loss or profit is not HOs business, all they want is that the money is invested and two settled workers employed as required.

Ensure your accountant can confirm this through a letter and also add a printout of your account from inception to date. I also hope you employed two workers as required, then you should be fine.

alyo · Post by **alyo** » Sun Dec 16, 2018 12:17 pm

Thanks for your reply.

If I write a letter to my case worker explaining what had happened and if I attach emails from my barrister telling that I must spend the money etc...

Hence the huge losses I made and that is the reason I am reluctant to start a new business.

Will that help speed up my processing time?

Thanks
Alf

marcnath · Post by **marcnath** » Sun Dec 16, 2018 10:11 pm

alyo wrote: ↑
Sun Dec 16, 2018 12:17 pm
Thanks for your reply.

If I write a letter to my case worker explaining what had happened and if I attach emails from my barrister telling that I must spend the money etc...

Hence the huge losses I made and that is the reason I am reluctant to start a new business.

Will that help speed up my processing time?

Thanks
Alf

Can't see how that will help. I don't think your case is slow because you haven't started a new business.

But nothing stops you from requesting expedited processing as the uncertainty is hurting your ability to do business. Again, I doubt if HO is very sympathetic.

alyo · Post by **alyo** » Sat Dec 22, 2018 9:38 am

Hi guys

My MP received a letter from home office yesterday. It said the usual that my case was complex etc.

However they also said that a decision will be made subject to enquiries being made.

What is meant by enquiries ?
How long do they usually take?

Thanks
Alf

marcnath · Post by **marcnath** » Sat Dec 22, 2018 12:19 pm

alyo wrote: ↑
Sat Dec 22, 2018 9:38 am
Hi guys

My MP received a letter from home office yesterday. It said the usual that my case was complex etc.

However they also said that a decision will be made subject to enquiries being made.

What is meant by enquiries ?
How long do they usually take?

Thanks
Alf

This is a standard reply

alyo · Post by **alyo** » Mon Dec 24, 2018 5:51 pm

hu guys

i have agree to join an acountancy firm for 25% share of the business for 5k investment. I will be a share holder and my role will be a marketing officer.

1- will home office accept given that i am not an accountant?

2- can you provide me with an tips on what to write (things that i have to include) in the contract between me and the company?

kind regards
Alf

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