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Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Fri Apr 19, 2019 9:28 am
by shanky
Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?
I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-
Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.
Jun/2017 applied for Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)
Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?
Thanks
S
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Fri Apr 19, 2019 2:22 pm
by msx273
Was her first initial application from UKIP outside uk
Why was the first visa rejected and why they took 6 months?
Which country the initial application was made from ?
Did she had previous uk Immigration history prior to applying for initial tier 1 visa ?
Thanks
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Fri Apr 19, 2019 3:07 pm
by marcnath
shanky wrote: ↑Fri Apr 19, 2019 9:28 am
Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?
I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-
Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.
Jun/2017 applied for
Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)
Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?
Thanks
S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Sat Apr 20, 2019 11:41 am
by shanky
marcnath wrote: ↑Fri Apr 19, 2019 3:07 pm
shanky wrote: ↑Fri Apr 19, 2019 9:28 am
Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?
I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-
Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.
Jun/2017 applied for
Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)
Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?
Thanks
S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements
She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Sat Apr 20, 2019 7:03 pm
by CULLINAN
shanky wrote: ↑Sat Apr 20, 2019 11:41 am
marcnath wrote: ↑Fri Apr 19, 2019 3:07 pm
shanky wrote: ↑Fri Apr 19, 2019 9:28 am
Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?
I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-
Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.
Jun/2017 applied for
Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)
Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?
Thanks
S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements
She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
Transitional arrangements have ended on 6th April 2019.
She needs 2 FT “JOBS” that have existed 12 months each AFTER extension OR if she has has 2 FT JOBS in the last 12 months from the date of ILR application in your case.
However, as she only had Job 1 since Oct 2017, she would have to create JOB 2 from April 2019 onwards for 12 months.
In this situation the other Job 1 that existed since Oct 2017 will be meaningless to claim points (as you can only go back 12 months or claim after extension that is for Job 2 to complete 12 months it would be April 2020) and then Job 1 can be counted from April 2019 only also.
Basically she needs two JOBS that exist for 12 months each from April 2019 (after date of extension). Earliest she will be able to apply is April 2020.
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Tue Apr 23, 2019 1:57 pm
by shanky
tier11417 wrote: ↑Sat Apr 20, 2019 7:03 pm
shanky wrote: ↑Sat Apr 20, 2019 11:41 am
marcnath wrote: ↑Fri Apr 19, 2019 3:07 pm
shanky wrote: ↑Fri Apr 19, 2019 9:28 am
Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years). Can I apply for ILR ?
I'm posting this on behalf of a friend of mine. She is genuine business women and someone I know who has worked really hard to establish her business in this country, but for some reason, she never had a smooth ride with HO. Now we are debating if there is a possibility to apply for ILR straight away as her Tier 1 Entrepreneur Extension was delayed by Home office for nearly to 2 years? Here is the timeline;-
Nov/2012 Initial application Tier 1 Entrepreneur Applied
Mar/2013 Refused
Aug/2013 applied for the in-country right of appeal
Sep/2013 home office withdrew the appeal before hearing the date.
Feb/2014 home office asked for more document
Jun/2014 Tier 1 entrepreneur Visa Granted for 3 years.
April/2016 - Was stopped on Heathrow Airport for 15 hours while coming back from 3-week business trip. She was interviewed for the genuineness of her business, after providing lots of proofs, she was let in the country.
Jun/2017 applied for
Tier 1 Entrepreneur Extension Applied
Mar/2018 Interview held at business premises (No contact with the home office after the interview)
April/2019 Tier 1 Entrepreneur Extension Visa Approved (after nearly 2years)
Considering the fact that it has been more than 6 years when she first applied for Tier 1 Entrepreneur and delay was from HO side can she apply for ILR now straight away without waiting for another 2 years?
Thanks
S
Yes, she can if she satisfies all other requirements. The primary one would be job creation, but if she has had 2 employees for the last 12 months, that will satisfy the requirements
She has one full-time employee working 35 hours per week from Oct/2017-> till date. Looking at the timeline does transitional arrangement apply to her?
Transitional arrangements have ended on 6th April 2019.
She needs 2 FT “JOBS” that have existed 12 months each AFTER extension OR if she has has 2 FT JOBS in the last 12 months from the date of ILR application in your case.
However, as she only had Job 1 since Oct 2017, she would have to create JOB 2 from April 2019 onwards for 12 months.
In this situation the other Job 1 that existed since Oct 2017 will be meaningless to claim points (as you can only go back 12 months or claim after extension that is for Job 2 to complete 12 months it would be April 2020) and then Job 1 can be counted from April 2019 only also.
Basically she needs two JOBS that exist for 12 months each from April 2019 (after date of extension). Earliest she will be able to apply is April 2020.
Looking at her timeline. Can she apply for 10 years route? guessing 10 years route will be less hassle if she goes on 10 years route maybe I'm wrong?
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Tue Apr 23, 2019 2:26 pm
by aman90
shanky wrote: ↑Tue Apr 23, 2019 1:57 pm
Looking at her timeline. Can she apply for 10 years route? guessing 10 years route will be less hassle if she goes on 10 years route maybe I'm wrong?
What visa was she on before she applied for tier1?
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Tue Apr 23, 2019 3:02 pm
by richard22911
Very interesting case I see here, after waiting nearly 2 yrs, Hi, S, you are not alone.
ILR--long residence route, if you match 10 years continuous residence legally within the UK, you are fine to go on this path. More details see (
https://www.gov.uk/guidance/immigration ... categories).
ILR--If you still carry on current visa statue, you have to match requirements like tier11417 said. This path will make your way to mountain hard and tough.
All the best in future.
R.
P.S. I am not a legal advisor, only contribute what I am able to.
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Tue Apr 23, 2019 7:41 pm
by miumiuuk
The transitional agreement is completely unfair to apply in this case.
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Tue Apr 23, 2019 10:48 pm
by zimba
miumiuuk wrote: ↑Tue Apr 23, 2019 7:41 pm
The transitional agreement is completely unfair to apply in this case.
There are no transitional arrangements in place
Re: Tier 1 Entrepreneur Extension Visa Approved(after nearly 2years). Can I apply for ILR ?
Posted: Wed Apr 24, 2019 5:34 pm
by miumiuuk
Sorry, my mistake. I meant it was wrong to seeing transitional agreement in helping with this case.
Transitional agreement rules are unfair at the beginning,especially for some cases like this. Although, it is invalid at the moment. It is just sneakily to ease applicants pain and anger.
Look back to 5 years ago, the Entrepreneurs like OP had agreed with the original agreements of job creations which allow combined 24 months as 2 full-time jobs. Therefore, they signed their names on the initial Application form, not the new terms.
I think OP still have a chance to argue, as obviously, OP has already fulfilled the original agreements and terms. If I were the OP, I will give it a try.