Extension decision due after expiration of leave- options?

[alex87]

Hello everyone,

I understand that the Home Office recommends that a Tier 1 Entrepreneur holder applies for extension approximately 28 days before the expiration of the leave to remain. I am about to do this, but I am also aware of a couple of cases where the applicants had to wait for over a month before they received decisions regarding their extension applications.

As I am about to apply for extension very soon now and my initial leave is for 3 years, I have a couple of questions that I hope members here will be able to assist me with:

1) If the applicant sends the application a little over a month before the current leave expires, and receives an approval for extension before the current leave expires, he/she will fall short of 5 years for ILR by a few days or weeks. Will he/she have to apply for a second extension to meet the shortfall for ILR?

2) If one receives the extension application decision after the existing leave has expired, and God forbid, it is not favourable, then what options does the applicant have? Can the applicant reapply at this stage, even though the visa has expired? Or is challenging the decision the only option in such a case?

Thank you for your assistance in advance.

[zimba]

Hello everyone,

I understand that the Home Office recommends that a Tier 1 Entrepreneur holder applies for extension approximately 28 days before the expiration of the leave to remain. I am about to do this, but I am also aware of a couple of cases where the applicants had to wait for over a month before they received decisions regarding their extension applications.

As I am about to apply for extension very soon now and my initial leave is for 3 years, I have a couple of questions that I hope members here will be able to assist me with:

1) If the applicant sends the application a little over a month before the current leave expires, and receives an approval for extension before the current leave expires, he/she will fall short of 5 years for ILR by a few days or weeks. Will he/she have to apply for a second extension to meet the shortfall for ILR?

2) If one receives the extension application decision after the existing leave has expired, and God forbid, it is not favourable, then what options does the applicant have? Can the applicant reapply at this stage, even though the visa has expired? Or is challenging the decision the only option in such a case?

Thank you for your assistance in advance.

1. You can still apply for ILR if you are short of days at the end of your qualifying period for up to 28 days. So if you end up with less than that you are fine. If you have bigger shortage, you usually have to buy some time with an FLR application and then vary it to ILR midway. Second extension is usually Used for people who stayed 5 years but have conviction or been away more than 180 days in a year, so they can't get an ILR.

2. In case of refusal after your visa expires, you get a chance to apply for Administrative Review within 14 days. That usually takes up to 28 days. Now during this whole time, your initial grant will be automatically extended under section 3C rule. This means you never become an overstayer until AR is concluded. Obviously you have 28 days after AR is rejected to apply for a fresh application without being refused

[Khan Friends]

Dear Zimba88

I posted earlier as well about my application. If the Admin Review is rejected and anyone submits a fresh application within the 28 days period and if the application is successful what about the gap from the date of Admin Review is refused to the date of he/she receives a decision on new application?
Will this have an impact on ILR through tier 1 entrepreneur 5 years period route or 10 years long residency route ?

[alex87]

Hello everyone,

I understand that the Home Office recommends that a Tier 1 Entrepreneur holder applies for extension approximately 28 days before the expiration of the leave to remain. I am about to do this, but I am also aware of a couple of cases where the applicants had to wait for over a month before they received decisions regarding their extension applications.

As I am about to apply for extension very soon now and my initial leave is for 3 years, I have a couple of questions that I hope members here will be able to assist me with:

1) If the applicant sends the application a little over a month before the current leave expires, and receives an approval for extension before the current leave expires, he/she will fall short of 5 years for ILR by a few days or weeks. Will he/she have to apply for a second extension to meet the shortfall for ILR?

2) If one receives the extension application decision after the existing leave has expired, and God forbid, it is not favourable, then what options does the applicant have? Can the applicant reapply at this stage, even though the visa has expired? Or is challenging the decision the only option in such a case?

Thank you for your assistance in advance.

1. You can still apply for ILR if you are short of days at the end of your qualifying period for up to 28 days. So if you end up with less than that you are fine. If you have bigger shortage, you usually have to buy some time with an FLR application and then vary it to ILR midway. Second extension is usually Used for people who stayed 5 years but have conviction or been away more than 180 days in a year, so they can't get an ILR.

2. In case of refusal after your visa expires, you get a chance to apply for Administrative Review within 14 days. That usually takes up to 28 days. Now during this whole time, your initial grant will be automatically extended under section 3C rule. This means you never become an overstayer until AR is concluded. Obviously you have 28 days after AR is rejected to apply for a fresh application without being refused

Zimba88, thank you very much for your reply; much appreciated!

I also have a couple of other questions that I hope you may be able to help me with.

The registered office of my business is a shared space but I do not work from there. This is primarily because of the nature of my business that requires my company's employees and myself to travel to the clients' premises. A lot of the work is also done online. On the rare occasion that a client needs to visit me, he or she does so at my home address. Therefore, although Companies House and HMRC documents go to the registered office, I get my business bank statements delivered to my home address so that I don't have to make a trip to the office to collect them (and other post from the bank) frequently. Do you think the different addresses could be an issue?
Moreover, to provide proof of registered address, is it fine if I send a print out of the Annual Return? Or do I need to request Companies House to send an original document? For the HMRC document, I am sending a photocopy of the Notice to Deliver a Tax Return and a print out of a completed tax return. Is that enough?

Thank you once again.

[zimba]

The registered office of my business is a shared space but I do not work from there. This is primarily because of the nature of my business that requires my company's employees and myself to travel to the clients' premises. A lot of the work is also done online. On the rare occasion that a client needs to visit me, he or she does so at my home address. Therefore, although Companies House and HMRC documents go to the registered office, I get my business bank statements delivered to my home address so that I don't have to make a trip to the office to collect them (and other post from the bank) frequently. Do you think the different addresses could be an issue?

You are legally allowed to have a registered office and different service address (including your home). Immigration rules do not say that you are not allowed to do that. However HO has the right to ask you to explain this.

Moreover, to provide proof of registered address, is it fine if I send a print out of the Annual Return? Or do I need to request Companies House to send an original document? For the HMRC document, I am sending a photocopy of the Notice to Deliver a Tax Return and a print out of a completed tax return. Is that enough?

Immigration rules require you to provide a companies house document showing your business is registered in the uk. Given that you must submit Current Appointments Report from companies house, that document also shows your current registered office address in the uk.

[zimba]

Dear Zimba88

I posted earlier as well about my application. If the Admin Review is rejected and anyone submits a fresh application within the 28 days period and if the application is successful what about the gap from the date of Admin Review is refused to the date of he/she receives a decision on new application?
Will this have an impact on ILR through tier 1 entrepreneur 5 years period route or 10 years long residency route ?

As per my understanding, the section 3C will end when your AR is served (two business days after AR is refused) Unfortunately this means that even if you apply for a new application within that 28 days time frame, you will be considered an over-stayer all the way through the process and your continious period will be affected.

Read page 9 of this: https://www.gov.uk/government/uploads/s ... _clean.pdf

Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended.Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.

As the applicant has no leave during the period their application is pending they have no permission to work in the UK

[Khan Friends]

Thank you Zimba88,
Yes you are right section 3C ends 2 business days after the AR is refused. As you can see many applicants are facing refusals especially in extension applications so even if someone's visa is granted in a fresh application will they be eligible for ILR under the entrepreneur 5 years route if they are considered overstayers from two days after the decision of the AR to the decision of a new application?

[alex87]

Thank you again Zimba for answering my questions. I really appreciate it!

[zimba]

Thank you Zimba88,
Yes you are right section 3C ends 2 business days after the AR is refused. As you can see many applicants are facing refusals especially in extension applications so even if someone's visa is granted in a fresh application will they be eligible for ILR under the entrepreneur 5 years route if they are considered overstayers from two days after the decision of the AR to the decision of a new application?

Home office ignores only up to 28 days of over staying when you apply for ILR. If you miraculously manage to get your visa within 28 days after your AR is served, then your 5 year period will not be affected. Unfortunately in most cases your continuous period will be affected as applying for a fresh application usually takes more than that and there will be no way to get an ILR afterwards

[Khan Friends]

Thank you Zimba, You have always been very helpful.
I see many friends and other applicants who gets their visa granted in a fresh application, it is really hard in current immigration rules if anyone face refusal of initial application as AR is mostly refused and the fresh applications mostly takes longer than 28 days. Well let's hope for the best for everyone.

[zimba]

Thank you Zimba, You have always been very helpful.
I see many friends and other applicants who gets their visa granted in a fresh application, it is really hard in current immigration rules if anyone face refusal of initial application as AR is mostly refused and the fresh applications mostly takes longer than 28 days. Well let's hope for the best for everyone.

Given that Tier 1E extension cannot be done using fast track premium service, the rules are pretty much unfair towards Entrepreneurs. The worst part is that the appeal rights are now completely gone and AR is completely useless. Better not get refused to be honest

[alex87]

What is the difference between AR and JR?