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Urgent help required

Only for UK Tier 1 (Entrepreneur) points system

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sweetad
Junior Member
Posts: 52
Joined: Mon Mar 23, 2015 2:29 pm

Urgent help required

Post by sweetad » Sat Jan 07, 2017 6:47 pm

I applied for extension of tier 1 enterprenuer in janaury 2015 and was refused later on won the appeal from first tribunal which home office challenged they were denied the appeal then they went to upper tribunal which refered the case back to first tribunal and now i have hearing date in june 2017. My questions are:
1- my 5 years of tier 1 enterprenuer will be completed in februray 2017 as to my understanding i still have the immigration status of tier "Will i be able to put up ilr application still though the case is pending in court ?"

2- I might need to travel in emergency as my father is not feeling well how is it going to efect the case do i need to withdraw my case/appeal in process before leaving the country
Or it can continue in my absence as my lawyer will be representing me in the court alongwith my business partner
And my passport is still with home office

Earliest possible reponse from anyone will be highly appreciable

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Urgent help required

Post by ukbiz » Sat Jan 07, 2017 7:06 pm

sweetad wrote:I applied for extension of tier 1 enterprenuer in janaury 2015 and was refused later on won the appeal from first tribunal which home office challenged they were denied the appeal then they went to upper tribunal which refered the case back to first tribunal and now i have hearing date in june 2017. My questions are:
1- my 5 years of tier 1 enterprenuer will be completed in februray 2017 as to my understanding i still have the immigration status of tier "Will i be able to put up ilr application still though the case is pending in court ?"

This is quite tricky, as for 5 ILR you need to show 2 further Jobs ON EXTENTION period, since you extension is not approved yet but you have stayed 5 Years on T1 so I doubt you can apply ILR due to non-creation of Jobs after extension!
Best to go through immigration rules and consult your solicitor before applying for ILR


2- I might need to travel in emergency as my father is not feeling well how is it going to affect the case do i need to withdraw my case/appeal in process before leaving the country
Or it can continue in my absence as my lawyer will be representing me in the court along with my business partner
And my passport is still with home office

You can not travel before your appeal being decided otherwise you will have to withdraw your case/appeal in that case you won't be able to apply for ILR.

May your Father get well soon,



Earliest possible response from anyone will be highly appreciable

sweetad
Junior Member
Posts: 52
Joined: Mon Mar 23, 2015 2:29 pm

Re: Urgent help required

Post by sweetad » Sat Jan 07, 2017 7:12 pm

We have created new jobs in business after period we applied for the extension application

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Urgent help required

Post by ukbiz » Sat Jan 07, 2017 8:15 pm

sweetad wrote:We have created new jobs in business after period we applied for the extension application

I understand Dear where are you coming from but in order to score points for ILR 5 years basis the immigration rules require the 2 jobs creation should be AFTER EXTENTION APPROVED not during extension application without being decided the outcome of the application

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