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Hi guys, need some urgent advice to my settlement case:

Tier 1 Ent 1st leave from 20 Jan 2016
Landed in UK on 1 Feb 2016
Tier 1 Ent extension from 15 June 2019
ILR application submitted on 1 June 2021
HO required further information on 18 July 2021 for
- Business bank statement
- Printout of RTS report
(I provided both within 10 days as requested)

In last week, HO sent another email requesting me to attend an in-person interview, without specifying what further information is needed.

I am very worry about our case, as we only hired 2 persons in my company from 1 June 2020 to 31 May 2021 - we cannot delay hiring further within our leave that will end on 15 June 2021.

And due to pandemic, they were both allowed to work from home. After initial contacts with them in June/July, we hardly have any email / phone calls with them in Aug - Dec. They were then put on furlough until 31 May and 30 June respectively.

Besides, the revenue of my company is very low. It cannot justify hiring from a business sense, we hire them to satisfy the Home Office requirement.

I have no confident to attend the interview at all due to:
- Our low company revenue;
- Our relatively low engagement with staff;

I worry that Home Office will question the credibility of our business and Job creation.

As I am also BNO holder, and I am thinking NOT to attend the interview, and immediately submit a new application for the new BNO Visa (in the UK). As I know once I submit a new application, it will withdraw / vary my previous application automatically.

Could you give me some advice if there is any drawback of this approach?

Will my BNO Visa be shadowed by the unfinished Tier 1 Ent settlement application and interview?

Will I be able to apply for settlement again once I got the BNO visa, since I already stayed in the UK for 5 years already?

Many thanks!
JaneW

I suggest attending the interview and apply for a BNO visa as well.

Zimba wrote: ↑

Sun Sep 12, 2021 8:52 pm

I suggest attending the interview and apply for a BNO visa as well.

Thanks for your reply Zimba

I am planning to apply for BNO visa in 1-2 days. Isn’t that once I submit a new application, my application for settlement will be automatically withdrawn? If it will be auto withdrawn, isn’t that the interview will also be cancelled?

I am also very afraid to attend the interview because I’m feeling so stressed now. I worries I might said something untrue or … wrongful by mistake during the interview when I’m under stress, and lead to being refused for misrepresentation or deception. As I am afraid that such bad history may affect my future applications.

Thanks

No there is no withdrawal and in fact, you do not want it to be to preserve your lawful stay. It will be a variation. You need to ensure a variation of leave. Ther is no ill effect by attending the interview

Do you mean I can do two applications in parallel?

Can I apply for BNO visa now?

Or wait for the settlement application result, and then apply for BNO visa if I got refused?

My representative told me that, if I apply for BNO visa now, once I submitted my finger prints and photo, it will vary the settlement application, and I don’t need to attend the interview. My leave as T1e will still be valid until I have the result of my BNO visa application.

Is this not correct? I’m very confused

Can I vary my current ILR application to BNO visa as described on this page? Thx

https://www.gov.uk/guidance/vary-your-i ... pplication

Zimba wrote: ↑

Mon Sep 13, 2021 12:55 am

No there is no withdrawal and in fact, you do not want it to be to preserve your lawful stay. It will be a variation. You need to ensure a variation of leave. Ther is no ill effect by attending the interview

As I understand it, if I got a decision of my ILR application, it cannot be varied, and the BNO visa application will be a new application?

You cannot have two parallel applications. As I said when you have a pending application and you apply for a new one, the new application is considered the variation of the previous one. UKVI takes several weeks after an interview to make a decision, this is why I suggested attending.

Zimba wrote: ↑

Mon Sep 13, 2021 10:46 am

You cannot have two parallel applications. As I said when you have a pending application and you apply for a new one, the new application is considered the variation of the previous one. UKVI takes several weeks after an interview to make a decision, this is why I suggested attending.

Understood, thank you very much for your advice!