Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Mon Dec 04, 2017 10:22 am
Momi wrote: ↑Mon Dec 04, 2017 9:52 am
Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck
That's interesting but it would not be the only time HO does not follow their own guidelines or interprets it in favour of the applicant.
So, always worth trying. Nothing to lose and everything to gain.
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.
-
Momi
- Senior Member
- Posts: 644
- Joined: Tue Jan 08, 2013 2:08 pm
Post
by Momi » Mon Dec 04, 2017 11:39 am
jaz9567 wrote: ↑Mon Dec 04, 2017 10:10 am
Momi wrote: ↑Mon Dec 04, 2017 9:52 am
jaz9567 wrote: ↑Mon Dec 04, 2017 9:48 am
Momi wrote: ↑Mon Dec 04, 2017 9:31 am
Yes you can't take salary on your 2nd application.
Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.
Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck
To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?
Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?
-
jaz9567
- Newbie
- Posts: 41
- Joined: Sun Dec 03, 2017 8:38 pm
- Mood:
Post
by jaz9567 » Mon Dec 04, 2017 11:58 am
Momi wrote: ↑Mon Dec 04, 2017 11:39 am
jaz9567 wrote: ↑Mon Dec 04, 2017 10:10 am
Momi wrote: ↑Mon Dec 04, 2017 9:52 am
jaz9567 wrote: ↑Mon Dec 04, 2017 9:48 am
Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.
Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck
To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?
Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?
April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?
-
Momi
- Senior Member
- Posts: 644
- Joined: Tue Jan 08, 2013 2:08 pm
Post
by Momi » Mon Dec 04, 2017 12:07 pm
jaz9567 wrote: ↑Mon Dec 04, 2017 11:58 am
Momi wrote: ↑Mon Dec 04, 2017 11:39 am
jaz9567 wrote: ↑Mon Dec 04, 2017 10:10 am
Momi wrote: ↑Mon Dec 04, 2017 9:52 am
Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck
To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?
Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?
April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?
No one will stop you being a director of the company, so your business will run normally but you can't take salary. It quite clear.
You can apply ILR in march.
-
jaz9567
- Newbie
- Posts: 41
- Joined: Sun Dec 03, 2017 8:38 pm
- Mood:
Post
by jaz9567 » Mon Dec 04, 2017 12:18 pm
Momi wrote: ↑Mon Dec 04, 2017 12:07 pm
jaz9567 wrote: ↑Mon Dec 04, 2017 11:58 am
Momi wrote: ↑Mon Dec 04, 2017 11:39 am
jaz9567 wrote: ↑Mon Dec 04, 2017 10:10 am
To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?
Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?
April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?
No one will stop you being a director of the company, so your business will run normally but you can't take salary. It quite clear.
You can apply ILR in march.
Thank you for everyone. Let’s see
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Mon Dec 04, 2017 12:30 pm
jaz9567 wrote: ↑Mon Dec 04, 2017 11:58 am
April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?
Unfortunately, it is your responsibility to check. You can possibly sue the solicitor but to HO, it is your application.
Missing a few payslips on its own is something that you could still appeal in an AR.
What is the error in hours calculation ?
If you provide more details, we could look at whether there is an argument for AR.
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.
-
bizman
- Diamond Member
- Posts: 1100
- Joined: Tue May 30, 2017 9:15 pm
- Location: UK
- Mood:
Post
by bizman » Mon Dec 04, 2017 2:12 pm
Sorry for the refusal mate. I will strongly advise that you explore all opportunities to buy time. Quote the document flexibility provision and make a well articulated case as you have mentioned above While that is going on you can then put your new application together to ensure approval. The truth about solicitors is that they can not handle your case as well as you can. A lot of them don't even understand the route. They are just looking for money from you. A solicitor told me sometime ago that I dont need to employ 2 full time workers once I have employed contractors. Think about this things and act fast.
Bizman
-
marcnath
- Moderator
- Posts: 6493
- Joined: Tue Jul 03, 2012 3:27 pm
- Location: Milton Keynes
Post
by marcnath » Mon Dec 04, 2017 7:09 pm
marcnath wrote: ↑Mon Dec 04, 2017 10:22 am
Momi wrote: ↑Mon Dec 04, 2017 9:52 am
Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck
That's interesting but it would not be the only time HO does not follow their own guidelines or interprets it in favour of the applicant.
So, always worth trying. Nothing to lose and everything to gain.
Just doubled check. This situation is considered eligible for discretion by the CW. So, HO was following the guidelines, just exercising their discretion to ignore the overstay period.
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.
-
Manu_cal
- Junior Member
- Posts: 64
- Joined: Sat Apr 27, 2013 9:24 pm
- Location: Northampton
- Mood:
Post
by Manu_cal » Tue Dec 05, 2017 11:59 am
If I was you would definitely go for AR considering that you want to eventually apply for ILR on Long Term . Your aim is to drag it till March and vary your application so what's the harm in AR . At least you will be able to withdraw another months salary as director. And it costs only £80 for AR but more importantly your legal stay will be extended by another 1 month. Try to do the AR as late as possible but within 14 days. Its online anyway.
Be positive and hopefully it will be overturned in AR and you won't have to go through the hassle of second application.
