tier1 to ilr

heyaheya · Post by **heyaheya** » Tue Mar 05, 2019 10:16 am

hello all respected members,
i am starting new topic as this question is for my friend who's applying for tier1 extension tomrrow ( with wife, and two kids).He is applying online at the end where it says the documents needed with application. its asking this
1. Evidence of your access to Mr MD ( son name) , such as a written agreement between both parents or a child arrangement order.
2. A copy of the company's register of members from Companies House .( is it just incorporation certificate)

what is that? if someone can please explain .! Many thanks

CR001 · Post by **CR001** » Tue Mar 05, 2019 10:30 am

i am starting new topic as this question is for my friend who's applying for tier1 extension tomrrow

Perhaps your 'friend' should register and ask their own questions given the complex nature of Tier 1 Ent etc and it is after all, their application and their risk.

heyaheya · Post by **heyaheya** » Tue Mar 05, 2019 10:38 am

yea cr001 thanks. i did tell him to register. and he tried as well. but unfortunately the error keeps coming. so he asked me to write. many thanks.

heyaheya · Post by **heyaheya** » Tue Aug 06, 2019 2:51 pm

hello, Hope you all are well. I am asking this question on my friend's behalf. he is very stressed so he asked me to write from my id. PLEASE don't mind Zimba, marchnath, Cr001 and all respected members. actually, his tier1 extension has been refused
( balance of probability) and he is completing his 10 years next month 25 September 2019. he is panicking. please help him and give your suggestions. how should he go ahead? I will be grateful to you.

thank you so very much for your help.

CR001 · Post by **CR001** » Tue Aug 06, 2019 2:54 pm

Is it the same 'friend' in the topic link below?

uk-tier-1-entrepreneur-visas/friends-on ... l#p1751017

heyaheya · Post by **heyaheya** » Tue Aug 06, 2019 3:19 pm

[quote=heyaheya post_id=1810950 time=1565103078 user_id=156390]
YES PLEASE he is the one he applied in march 2019 got rejection 2 days back ... thanks for the link . i was looking for this post and couldnt find. many thanks,

CR001 · Post by **CR001** » Tue Aug 06, 2019 3:31 pm

Why was the extension refused, exact reasons??

Presumably his last visa has already expired??

heyaheya · Post by **heyaheya** » Wed Aug 07, 2019 10:27 am

CR001 wrote: ↑
Tue Aug 06, 2019 3:31 pm
Why was the extension refused, exact reasons??

Presumably his last visa has already expired??

yes last visa has been expired. so the other team members 10 years has been completed couple of months back so he will vary to 10 year ilr.. but my friend is completing his 10 years on 23 september.
the reasons are as under:
1 ) Interviewer asked them how much was turn over and team said it was around 20,000£ but when caseworker saw the statements it doesnt show those 20,000£. and when asked to team they said it was mostly cash and case worker is doubt of that.
2) the team was asked bout thr clients and team said they hav 10 client from which they could only name 4 of them and when interviewer asked them what service you provide them? the answer for both members dint match.
3) no correspondence between the clients and your business, work carried out for clients not provided.
4) website is very basic, not too much advertisment done.
5) employees names . u dint remember thr full names. and when asked where are they. Answers did not match .

please if you could help what could be done in this situation .

many thanks

marcnath · Post by **marcnath** » Thu Aug 08, 2019 1:49 pm

heyaheya wrote: ↑
Wed Aug 07, 2019 10:27 am

CR001 wrote: ↑
Tue Aug 06, 2019 3:31 pm
Why was the extension refused, exact reasons??

Presumably his last visa has already expired??
yes last visa has been expired. so the other team members 10 years has been completed couple of months back so he will vary to 10 year ilr.. but my friend is completing his 10 years on 23 september.
the reasons are as under:
1 ) Interviewer asked them how much was turn over and team said it was around 20,000£ but when caseworker saw the statements it doesnt show those 20,000£. and when asked to team they said it was mostly cash and case worker is doubt of that.
2) the team was asked bout thr clients and team said they hav 10 client from which they could only name 4 of them and when interviewer asked them what service you provide them? the answer for both members dint match.
3) no correspondence between the clients and your business, work carried out for clients not provided.
4) website is very basic, not too much advertisment done.
5) employees names . u dint remember thr full names. and when asked where are they. Answers did not match .

please if you could help what could be done in this situation .

many thanks

Well, that does sound bad. So it is going to be tough to combat.

But if he files his AR, that should get him a few days by when he can make a new application of ILR (LR)

heyaheya · Post by **heyaheya** » Fri Aug 09, 2019 12:03 am

marcnath wrote: ↑
Thu Aug 08, 2019 1:49 pm

heyaheya wrote: ↑
Wed Aug 07, 2019 10:27 am

CR001 wrote: ↑
Tue Aug 06, 2019 3:31 pm
Why was the extension refused, exact reasons??

Presumably his last visa has already expired??
yes last visa has been expired. so the other team members 10 years has been completed couple of months back so he will vary to 10 year ilr.. but my friend is completing his 10 years on 23 september.
the reasons are as under:
1 ) Interviewer asked them how much was turn over and team said it was around 20,000£ but when caseworker saw the statements it doesnt show those 20,000£. and when asked to team they said it was mostly cash and case worker is doubt of that.
2) the team was asked bout thr clients and team said they hav 10 client from which they could only name 4 of them and when interviewer asked them what service you provide them? the answer for both members dint match.
3) no correspondence between the clients and your business, work carried out for clients not provided.
4) website is very basic, not too much advertisment done.
5) employees names . u dint remember thr full names. and when asked where are they. Answers did not match .

please if you could help what could be done in this situation .

many thanks
Well, that does sound bad. So it is going to be tough to combat.

But if he files his AR, that should get him a few days by when he can make a new application of ILR (LR)

One if both of them file AR.
Team member (A) can vary his AR to SET( LR)
Team member (B) can vary his AR To flr (LR) as he will still have 25 days to apply for SET (LR)

1. One of the lawyer said according to new judgement you will be an overstayer as soon as your first visa rejects. And even though on rejection letter it says u can apply new application within 14 days. But that will exhaust ur section 3c and your set(lr) will be rejected.
2. He added and said how can they vary to an AR.

Please tell me your views. He Is very depressed and worried and he has no hope left according to lawyer. Please respected can help to sort this matter out. Many thanks

marcnath · Post by **marcnath** » Fri Aug 09, 2019 10:05 pm

heyaheya wrote: ↑
Fri Aug 09, 2019 12:03 am

marcnath wrote: ↑
Thu Aug 08, 2019 1:49 pm

heyaheya wrote: ↑
Wed Aug 07, 2019 10:27 am

CR001 wrote: ↑
Tue Aug 06, 2019 3:31 pm
Why was the extension refused, exact reasons??

Presumably his last visa has already expired??
yes last visa has been expired. so the other team members 10 years has been completed couple of months back so he will vary to 10 year ilr.. but my friend is completing his 10 years on 23 september.
the reasons are as under:
1 ) Interviewer asked them how much was turn over and team said it was around 20,000£ but when caseworker saw the statements it doesnt show those 20,000£. and when asked to team they said it was mostly cash and case worker is doubt of that.
2) the team was asked bout thr clients and team said they hav 10 client from which they could only name 4 of them and when interviewer asked them what service you provide them? the answer for both members dint match.
3) no correspondence between the clients and your business, work carried out for clients not provided.
4) website is very basic, not too much advertisment done.
5) employees names . u dint remember thr full names. and when asked where are they. Answers did not match .

please if you could help what could be done in this situation .

many thanks
Well, that does sound bad. So it is going to be tough to combat.

But if he files his AR, that should get him a few days by when he can make a new application of ILR (LR)
One if both of them file AR.
Team member (A) can vary his AR to SET( LR)
Team member (B) can vary his AR To flr (LR) as he will still have 25 days to apply for SET (LR)

1. One of the lawyer said according to new judgement you will be an overstayer as soon as your first visa rejects. And even though on rejection letter it says u can apply new application within 14 days. But that will exhaust ur section 3c and your set(lr) will be rejected.
2. He added and said how can they vary to an AR.

Please tell me your views. He Is very depressed and worried and he has no hope left according to lawyer. Please respected can help to sort this matter out. Many thanks

Once a decision is made, you can't "vary" the application. You can only vary an application that is not decided.

AR is not an application - it is just a review request.

Both members need to make new applications. Team member A can file his SET (LR) application immediately. Team member B needs to file a AR for his current refusal and hope that it is not decided before he is eligible for SET (LR) or is decided within 14 days of him becoming eligible for LR. He then files a new SET (LR) application.

The lawyer is partially correct. Section 3C ends when the AR is refused or withdrawn (AR is considered withdrawn when a new application is sent in). So, yes, the person is an overstayer during the time the second application is being processed.

Section 39E which allows the 14 days for application has always been a bit confusing for LR applications - it was open for interpretation. Traditionally HO has ignored that overstay period but there was a recent case that decided otherwise. But I think I saw another case after that which allowed it. So, you need to depend on the lawyer for which one is applicable.

heyaheya · Post by **heyaheya** » Tue Aug 13, 2019 2:04 pm

marcnath wrote: ↑
Fri Aug 09, 2019 10:05 pm

heyaheya wrote: ↑
Fri Aug 09, 2019 12:03 am

marcnath wrote: ↑
Thu Aug 08, 2019 1:49 pm

heyaheya wrote: ↑
Wed Aug 07, 2019 10:27 am

yes last visa has been expired. so the other team members 10 years has been completed couple of months back so he will vary to 10 year ilr.. but my friend is completing his 10 years on 23 september.
the reasons are as under:
1 ) Interviewer asked them how much was turn over and team said it was around 20,000£ but when caseworker saw the statements it doesnt show those 20,000£. and when asked to team they said it was mostly cash and case worker is doubt of that.
2) the team was asked bout thr clients and team said they hav 10 client from which they could only name 4 of them and when interviewer asked them what service you provide them? the answer for both members dint match.
3) no correspondence between the clients and your business, work carried out for clients not provided.
4) website is very basic, not too much advertisment done.
5) employees names . u dint remember thr full names. and when asked where are they. Answers did not match .

please if you could help what could be done in this situation .

many thanks
Well, that does sound bad. So it is going to be tough to combat.

But if he files his AR, that should get him a few days by when he can make a new application of ILR (LR)
One if both of them file AR.
Team member (A) can vary his AR to SET( LR)
Team member (B) can vary his AR To flr (LR) as he will still have 25 days to apply for SET (LR)

1. One of the lawyer said according to new judgement you will be an overstayer as soon as your first visa rejects. And even though on rejection letter it says u can apply new application within 14 days. But that will exhaust ur section 3c and your set(lr) will be rejected.
2. He added and said how can they vary to an AR.

Please tell me your views. He Is very depressed and worried and he has no hope left according to lawyer. Please respected can help to sort this matter out. Many thanks
Once a decision is made, you can't "vary" the application. You can only vary an application that is not decided.

AR is not an application - it is just a review request.

Both members need to make new applications. Team member A can file his SET (LR) application immediately. Team member B needs to file a AR for his current refusal and hope that it is not decided before he is eligible for SET (LR) or is decided within 14 days of him becoming eligible for LR. He then files a new SET (LR) application.

The lawyer is partially correct. Section 3C ends when the AR is refused or withdrawn (AR is considered withdrawn when a new application is sent in). So, yes, the person is an overstayer during the time the second application is being processed.

Section 39E which allows the 14 days for application has always been a bit confusing for LR applications - it was open for interpretation. Traditionally HO has ignored that overstay period but there was a recent case that decided otherwise. But I think I saw another case after that which allowed it. So, you need to depend on the lawyer for which one is applicable.

thanks a lot for your reply, Team member A is applying SET (LR) TOMORROW on priority and team member B is applying for Admin Review.
Marchnath you are so right that with set ( ilr) this 39e is treated differently.
this is what his solicitors have told him? But team member A is going to take a risk on that. I will let you know what happens, so all of you can get benefit from it. many thanks

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tier1 to ilr

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