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Hi gurus i hope you are fine and doing well. I have two questions regarding the ilr through tier1 entrepreneur five year rout.
1. My extension is still pending for entrepreneur and in the mean time I am reaching my five years on this route in three months time. If I don't get decision in that time then can I apply for ILR?
2. As per my knowledge; we have to create two more full time jobs right? I fall in pre 6th April 2014 transitional arrangement, and my one job is almost 18 months and other is 6,7 months; can I add them up and make them equivalent two full time jobs. IS that possible? Thank you

jaz9567 wrote: ↑

Mon May 21, 2018 4:44 pm

Hi gurus i hope you are fine and doing well. I have two questions regarding the ilr through tier1 entrepreneur five year rout.
1. My extension is still pending for entrepreneur and in the mean time I am reaching my five years on this route in three months time. If I don't get decision in that time then can I apply for ILR?
2. As per my knowledge; we have to create two more full time jobs right? I fall in pre 6th April 2014 transitional arrangement, and my one job is almost 18 months and other is 6,7 months; can I add them up and make them equivalent two full time jobs. IS that possible? Thank you

1. In my opinion, if you get to 5 years while the extension application is awaiting decision, you can vary your extension application to an ILR application. You should be able to use the same job creation evidence that you submitted for extension for that purpose as the requirement only states that you need 2 jobs created during your last grant of leave (which in your case will be initial period + Section 3C coverage).
2. The requirement to create two more jobs only applies once you get the extension. If you get your extension tomorrow (for example), then you can't use the 18 months + 6.7 months. You will only be able to use the job created in 12 months before the ILR application date.

Thank you marcnath.
Any moderator would like to add their experience. Thank you

Casa, zimba88 please add your views thanks

I have nothing to add to what marcnath already advised

Thank you

Hello everyone need your valuable advise.
My entrepreneur extension is still in process. I have applied for tier1 entrepreneur extension in November 2016 which was refused in April 2017 and within 14 days I made a new application of tier1 entrepreneur extension which is still pending. Reason for refusal was job creation. I created two full time jobs but wasn't aware that maximum of 30 hours p/w will be counted towards a full time job. So there was a minor difference in total number of hours which coverd when I applied again in April 2017. I Have completed my five years on tier1 entrepreneur now, can I vary my application to set o? I have created two more jobs after April 2017. Please guide me. Many thanks

I merged your question with your previous query on the same subject back in May. I see you did NOT mention that the pending extension was an out-of-time application after a refusal. So previously given advice is only valid if the pending extension was in-time and you have section 3C. As it turns out now that you applied after a refusal and without a valid visa, your lawful residence (and section 3C protection) ended in April and you have been an overstayer since then. You CANNOT vary now to ILR as you do not have 5 years of lawful residence. Your current pending application must be successful before you can apply for ILR

Zimba wrote: ↑

Wed Nov 14, 2018 1:11 am

I merged your question with your previous query on the same subject back in May. I see you did NOT mention that the pending extension was an out-of-time application after a refusal. So previously given advice is only valid if the pending extension was in-time and you have section 3C. As it turns out now that you applied after a refusal and without a valid visa, your lawful residence (and section 3C protection) ended in April and you have been an overstayer since then. You CANNOT vary now to ILR as you do not have 5 years of lawful residence. Your current pending application must be successful before you can apply for ILR

Thank you zimba.
Even I don't qualify for ten years?

Zimba wrote: ↑

Wed Nov 14, 2018 1:11 am

I merged your question with your previous query on the same subject back in May. I see you did NOT mention that the pending extension was an out-of-time application after a refusal. So previously given advice is only valid if the pending extension was in-time and you have section 3C. As it turns out now that you applied after a refusal and without a valid visa, your lawful residence (and section 3C protection) ended in April and you have been an overstayer since then. You CANNOT vary now to ILR as you do not have 5 years of lawful residence. Your current pending application must be successful before you can apply for ILR

I have a difference of opinion.

You can still apply to vary your application as the overstay will be ignored under 39E. You have a valid application now and that can be varied.

However, on job creation, you can only use the jobs created in the period until the refusal of your AR. Any jobs created after that does not count as it is not created within a period of grant. But you wouldn't need it anyway, so it does not matter too much.

Thank you marc.
In immigration rule 245ef they says "The applicant must not fall for refusal under the general grounds for refusal". Can you please check this out.
OR can I vary for long residency 10 years if yes can I vary 28 days before 10 years. Many thanks

jaz9567 wrote: ↑

Wed Nov 14, 2018 8:28 am

Thank you marc.
In immigration rule 245ef they says "The applicant must not fall for refusal under the general grounds for refusal". Can you please check this out.
OR can I vary for long residency 10 years if yes can I vary 28 days before 10 years. Many thanks

There have definitely been cases reported in here where applicants have successfully varied their 2nd application to ILR (LR). So, the answer is yes.
But you have to do it by post. The earlier option to do it in person is no longer available.

marcnath wrote: ↑

Wed Nov 14, 2018 10:05 am

jaz9567 wrote: ↑

Wed Nov 14, 2018 8:28 am

Thank you marc.
In immigration rule 245ef they says "The applicant must not fall for refusal under the general grounds for refusal". Can you please check this out.
OR can I vary for long residency 10 years if yes can I vary 28 days before 10 years. Many thanks

There have definitely been cases reported in here where applicants have successfully varied their 2nd application to ILR (LR). So, the answer is yes.
But you have to do it by post. The earlier option to do it in person is no longer available.

Thank you for kind reply.
Can I vary 28 days before completing ten years? Or should I wait for exact ten years completion?
Also now no more post applications am I right?
Many thanks

28 days before completing 10 years.
Yes, online only

marcnath wrote: ↑

Wed Nov 14, 2018 10:38 am

28 days before completing 10 years.
Yes, online only

Thank you again for your time marcnath.
Anyone else would like to add their views please as it's very critical situation for me and I know there are so many cases in the same situation at the moment. Most of them completing 5 years and long residency together very soon. This post will help so many users of this platform.
Many thanks

Do you have dependents in the UK??

CR001 wrote: ↑

Wed Nov 14, 2018 10:52 am

Do you have dependents in the UK??

Yes

How long have they been in the UK with you?

CR001 wrote: ↑

Wed Nov 14, 2018 11:19 am

How long have they been in the UK with you?

My wife is here from six years and kids born here.

Here is just a recent refusal case based on the assumption that you can vary to SET(LR)

Zimba wrote: ↑

Wed Nov 14, 2018 3:30 pm

Here is just a recent refusal case based on the assumption that you can vary to SET(LR)

Thank you zimba for your response.
So this means I can't go for 5 years and nor for ten Years.
It seems HO intentionally delaying the outcome so applicant get fed up and leave the country. Anyway if you guys get more information about this kind of scenario please do let me know thanks

The rules permit the current and previous period of overstaying to be ignored under paragraph 39E, however the rules on variation might make this complicated.

Date of application: application to vary
Where an application is varied, the application date remains the date of the original
application. This is relevant to whether an applicant has, or will have, 3C leave. For
further information see: Leave extended by section 3C (and leave extended by
section 3D in transitional cases).

However, for PBS applications, where a variation application is made in accordance
with paragraph 34E, then, for the purposes of assessment against the rules, the date
on which the variation is made should be treated as the date of the application.

This is why variation to long residence vs SET(O) might be treated differently, given the date of application.

Zimba wrote: ↑

Wed Nov 14, 2018 3:30 pm

Here is just a recent refusal case based on the assumption that you can vary to SET(LR)

Ok. That's interesting and I agree that was my interpretation of the rules initially.

However, there were cases before reported here where a 2nd application was varied to LR successfully.

I am still not convinced on the exact interpretation. The wording of the rules could be interpreted both ways. My problem with the rules is that does the time spent overstaying and waiting for a new application under the provisions of 39E (or the current period of overstaying as per rules) constitutes as having had 'continuous leave' or not. There is a high probability that your interpretation at least under PBS route could be correct, given that the date of variation will be the date of application. However if the date will be assumed to be the date of the original application, then obviously the continuous period requirement will not be satisfied for ILR

Zimba wrote: ↑

Wed Nov 14, 2018 9:01 pm

I am still not convinced on the exact interpretation. The wording of the rules could be interpreted both ways. My problem with the rules is that does the time spent overstaying and waiting for a new application under the provisions of 39E (or the current period of overstaying as per rules) constitutes as having had 'continuous leave' or not. There is a high probability that your interpretation at least under PBS route could be correct, given that the date of variation will be the date of application. However if the date will be assumed to be the date of the original application, then obviously the continuous period requirement will not be satisfied for ILR

Hello zimba how to attach a screenshot here. A guy got his ilr same situation as mine. He varied his application to long residency and got ilr. he shared his time line on fb Indefinite leave to remain page. Many thanks