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Teir 1 Extension due 10 Years ILR in 4 months

Only for UK Tier 1 (Entrepreneur) points system

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jaykalpe01
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Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Thu Mar 31, 2016 3:23 pm

Dear All,
My Tier 1 extension is due and I will be qualified for 10 Years Indefinite Leave to Remain in 4 months from the expiration of the tier 1 visa. I am in a difficult situation here to apply for extension for Tier 1 Entrepreneur Visa.

I have been suggested following route:

Apply for FLRO and wait on that and then apply for tier 1 Entrepreneur Visa Extension and then wait on that, you can then be able to cover 4 months and then apply for Indefinite Leave to Remain.

Can someone please share any information on this? What would be the safe way to do so?
Please help!

Thank You
Kalpesh

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Zimba
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Thu Mar 31, 2016 4:28 pm

You can apply up to 28 days before your 10 year continuous stay completes for ILR, this will leave you with almost 3 months gap. HO is now aware the people are trying to abuse FLR to bridge the gap in their stay to get ILR, so expect your application to be refused very quickly.
You should know that if you apply for FLR and get a rejection, you become an over stayer as your visa runs out. Even if you apply for your extension afterwards, your application will be out of time and you remain an over stayer for the whole period of the extension application. Anything beyond 28 days overstay will break your 10 year continuous stay.
You knew this in advance and had to prepare for your extension during the last 3 years, so do not be surprised if things do not work out.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jaykalpe01
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Thu Mar 31, 2016 4:58 pm

zimba88 wrote:You can apply up to 28 days before your 10 year continuous stay completes for ILR, this will leave you with almost 3 months gap. HO is now aware the people are trying to abuse FLR to bridge the gap in their stay to get ILR, so expect your application to be refused very quickly.
You should know that if you apply for FLR and get a rejection, you become an over stayer as your visa runs out. Even if you apply for your extension afterwards, your application will be out of time and you remain an over stayer for the whole period of the extension application. Anything beyond 28 days overstay will break your 10 year continuous stay.
You knew this in advance and had to prepare for your extension during the last 3 years, so do not be surprised if things do not work out.
Hi Zimba88
The difficulty is coming for the maintenance funds which is lacking 18 days out of 90 consecutive days.
Are their any other solutions available for such issue?
Thank You

legalkhan
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by legalkhan » Thu Mar 31, 2016 5:21 pm

@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.

Its just a rough idea=10+19+20+28+14+14=105 days covered

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Thu Mar 31, 2016 5:29 pm

The difficulty is coming for the maintenance funds which is lacking 18 days out of 90 consecutive days.
Are their any other solutions available for such issue?
You last statement can be from up to 30 days before the date of your application. Can you manage the 90 consecutive days which maintaining the 30 days rule ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jaykalpe01
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Thu Mar 31, 2016 5:40 pm

legalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.

Its just a rough idea=10+19+20+28+14+14=105 days covered
Hello legalkhan
Thank you for the advice.
I know I'm in a pretty difficult situation now. One agent I spoke to suggest that I should go on Work permit route with some company that has sponsored license. So that will but some time. I've my doubts in this and hence going to be meeting solicitor for this to find out possible solution on this part.

Thank You

jaykalpe01
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Thu Mar 31, 2016 5:43 pm

zimba88 wrote:
The difficulty is coming for the maintenance funds which is lacking 18 days out of 90 consecutive days.
Are their any other solutions available for such issue?
You last statement can be from up to 30 days before the date of your application. Can you manage the 90 consecutive days which maintaining the 30 days rule ??
When the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.

I'm sorry I do not follow the 30 days rule, what you are referring to?

Thank you for your help.

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Thu Mar 31, 2016 5:58 pm

legalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.
Its just a rough idea=10+19+20+28+14+14=105 days covered
This scheme will not work. There is no magic 28 days rule where you can apply for a new application after a rejection when you have no visa. HO simply ignores 28 days of over staying and that is how you get 28 days magic number ! If you do not have a visa when you apply, you ARE an over stayer and remain as such even if you apply for a new application. If your application takes more than 28 days, then your continuous 10 year period is broken, so no ILR any more. Also there is no right to appeal. JR is outside immigration rules and does not extend your stay or give you ANY rights to stay here.
When the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.
I'm sorry I do not follow the 30 days rule, what you are referring to?
Your time is very limited and you cannot do much to be honest :?
Your last statement date must be within 30 days of your application day. If you go back 18 days, do you have 90 days consecutive days of maintenance or not ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

jaykalpe01
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Thu Mar 31, 2016 6:06 pm

zimba88 wrote:
legalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.
Its just a rough idea=10+19+20+28+14+14=105 days covered
This scheme will not work. There is no magic 28 days rule where you can apply for a new application after a rejection when you have no visa. HO simply ignores 28 days of over staying and that is how you get 28 days magic number ! If you do not have a visa when you apply, you ARE an over stayer and remain as such even if you apply for a new application. If your application takes more than 28 days, then your continuous 10 year period is broken, so no ILR any more. Also there is no right to appeal. JR is outside immigration rules and does not extend your stay or give you ANY rights to stay here.
When the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.
I'm sorry I do not follow the 30 days rule, what you are referring to?
Your time is very limited and you cannot do much to be honest :?
Your last statement date must be within 30 days of your application day. If you go back 18 days, do you have 90 days consecutive days of maintenance or not ??
Once again not sure if I understood you correctly. For example the visa is expiring on 18 May
If I submit bank statement Dated 17 May it would show full maintenance, If I submit Statement from 01-03-2016 it will show full maintenance. Only if I submit the statement before 01-03-2016 It won't show the full maintenance records.

Thank You

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Fri Apr 01, 2016 9:40 am

Once again not sure if I understood you correctly. For example the visa is expiring on 18 May
If I submit bank statement Dated 17 May it would show full maintenance, If I submit Statement from 01-03-2016 it will show full maintenance. Only if I submit the statement before 01-03-2016 It won't show the full maintenance records.
Forget the date of expiry.
Say you apply on 15 May 2016 and that is your application date. You last statement day (90th day) MUST be at least 15 April 2016 or later, which is max of 30 days before the date of your application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

googleit
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by googleit » Fri Apr 01, 2016 10:24 am

Hi

You can apply for extension of your visa , if after giving biometrics and waiting period it rejects , by that time your maintenance statement of 90 days would be ready. You can reapply within 28 days. It won't break your 10 year continuity

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Fri Apr 01, 2016 10:53 am

googleit wrote:Hi

You can apply for extension of your visa , if after giving biometrics and waiting period it rejects , by that time your maintenance statement of 90 days would be ready. You can reapply within 28 days. It won't break your 10 year continuity
As far as I know it breaks your 10 year continuous period if you apply for a fresh application when you have no visa. I explained above what 28 days mean. If you have no valid visa when you application is rejected and AR is concluded, the section 3C rule that extend you right to stay here will end, so you become and over stayer.

You get 28 days to apply for a new application because HO accepts fresh applications within 28 days of you becoming an over stayer, hence the 28 magic number !! You status as an over stayer however will not change:
Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended.Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.
As the applicant has no leave during the period their application is pending they have no permission to work in the UK
From HO guide, page 9: https://www.gov.uk/government/uploads/s ... _clean.pdf
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by seasky » Fri Apr 01, 2016 1:37 pm

My understanding is that he needs to delay the extension application by 18 days as now he would fail due to lack of maintenance.

Apply FLR(0) and 18 days later, vary the application to T1- EXT

Hope you get the extension as the FLR(0) trick only works for a short while.

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Fri Apr 01, 2016 2:03 pm

@ zimba88

Thank you for taking time and looking into this. Much appreciated.

@ seasky
Many thanks your help.
This is the same advice I received from one solicitor. He suggested that apply for FLRO, and then delay, and wait on biometric. and then apply another application for Extension.

I'm concerned about this? If I apply for FLRO how long typically I can be able to delay for Bio metric? And when I submit another Extension application, would the time be considered from the day I submit the extension application and would the time be considered for 10 Years ILR when this would be due in late August?

Thank You

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by seasky » Fri Apr 01, 2016 2:08 pm

18 days is easy because it is within the time they get the application and then biometric (wait for the last day that you can go). I think only after biometric do they even look at the application for merits.

My understanding is the technique is to 'vary' the application, not rescind the FLR(0) and reapply as such there is no break in your legal stay. sorry not on expert on any of this certainly not variation but know someone who did it (their extension went through no problems have no idea now that I think of it if their will be a break or not....)

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Fri Apr 01, 2016 2:18 pm

If you manage to apply for postal FLR and then vary the application to extension when you have the 90 days maintenance, your continuous period remains intact.
Given that you have no choice at the moment, you need to look into this. Maybe apply for FLR in postal, delay the biometrics as much as you can, get your all your extension documents ready and vary the application to extension with a covering letter.
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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by googleit » Fri Apr 01, 2016 8:27 pm

Your solicitor and few members are confusing you. You can apply with in 28 days after expiring your existing leave and these 28 days are not regarded as overstay period for ILR application based on 10 years. If you think your 90 days maintenance statement would be ready in next 18 days, do wait for another 18 days and then apply for Tier 1 Entrepreneur extension, You can check the rules in policy guidance for long residency.

Dont confuse yourself by making other applications and complicating your case..

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by Zimba » Fri Apr 01, 2016 10:39 pm

googleit wrote:Your solicitor and few members are confusing you. You can apply with in 28 days after expiring your existing leave and these 28 days are not regarded as overstay period for ILR application based on 10 years. If you think your 90 days maintenance statement would be ready in next 18 days, do wait for another 18 days and then apply for Tier 1 Entrepreneur extension, You can check the rules in policy guidance for long residency.

Dont confuse yourself by making other applications and complicating your case..
28 days are considered as over stay but disregarded for ILR. I quoted the exact rules that says a migrant making an out of time application is an over stayer. A typical application takes more than 28 days which HO will not disregard
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by jaykalpe01 » Fri Apr 01, 2016 11:06 pm

googleit wrote:Your solicitor and few members are confusing you. You can apply with in 28 days after expiring your existing leave and these 28 days are not regarded as overstay period for ILR application based on 10 years. If you think your 90 days maintenance statement would be ready in next 18 days, do wait for another 18 days and then apply for Tier 1 Entrepreneur extension, You can check the rules in policy guidance for long residency.

Dont confuse yourself by making other applications and complicating your case..
Hello googleit,
If I do not apply for visa before the current visa expire, would it not make my status as illegal? Would this not cause any applications I would make afterwards? Also would it not affect the 10 Years ILR which would be due in 4 months?

Thank you

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Re: Teir 1 Extension due 10 Years ILR in 4 months

Post by paru.org » Tue Jun 07, 2016 5:07 am

jaykalpe01 wrote:Dear All,
My Tier 1 extension is due and I will be qualified for 10 Years Indefinite Leave to Remain in 4 months from the expiration of the tier 1 visa. I am in a difficult situation here to apply for extension for Tier 1 Entrepreneur Visa.

I have been suggested following route:

Apply for FLRO and wait on that and then apply for tier 1 Entrepreneur Visa Extension and then wait on that, you can then be able to cover 4 months and then apply for Indefinite Leave to Remain.

Can someone please share any information on this? What would be the safe way to do so?
Please help!

Thank You
Kalpesh
hi kalpesh
plz update wat have u done for 4 months gap, i am in same situation, pls guide
e,thx ravi

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