Tier1E 2nd extension application & complex case

[Luckyyear]

Hi guys,
My case is very special,and would you please give me some advice on it?

2012.5.30 initial visa issued
2013.6.13 first entry
2013 .11 .01 signed as director for my 1st business ( joined existing business and buy small partial shares)
2015.10.27 1st extension visa issued
2016 .04 resigned director from 1st business due to the business failed
2016.07 .01 registered a new business as director and created two more posts
2017.10.24 2nd extension application submitted
2017.11. 01 biometric letter
2017.11.07 Scan fingerprint
2017 .11.28 exceptionally complex letter

—————-

My concern is about my 2nd extension application due to my late first entry because of my family reasons .

And also my first business failed right after the 1st extension visa was issued .I invested 200K to the first business to buy 15% shares and 200Ｋare all consumed .But due to the wrong business decision made by the big sharholders (who has the voting rights in the company ),the first business ended up then I left .

I register the 2nd business and owned 100% shares then injected another 100K into it. I also took over two previous employees from 1st company to my new business and created another 2 posts (24months).


Unfortunately I received the complex letter last week and told me they could not make the decision within 8 weeks .

After browsing this forum ,I notice that some applicants have been waiting for quite long days (8 months ,1 year and even more days )

My questions are as following

Q 1. If the decision is not made until 2018 6.13 ,can I apply for ILR because I have fullfilled the requirement for 5 years of Tier 1E without my passport with me? Whether the days waiting for the extension count into 5 years of ILR? If this works ,what shall I do next step? Can I apply for ILR without my passport?

Q2 If the decision is made before 2018.6.13 ( e.g. 2nd extension visa is issued on 2018.3.10 ), shall I apply ILR straightforwad on 2018 .6.13 or I have to creat another 2 posts reaching 24 months after 2018.3.10. Obviously the two existing employees will only reached 6 months from 2018.03.10 to 2018.6.13 .


Thank you so much

[marcnath]

My questions are as following

Q 1. If the decision is not made until 2018 6.13 ,can I apply for ILR because I have fullfilled the requirement for 5 years of Tier 1E without my passport with me? Whether the days waiting for the extension count into 5 years of ILR? If this works ,what shall I do next step? Can I apply for ILR without my passport?

No. You can't vary your application to ILR as a varied application date is the same as the original date - i.e. Oct 2017.

Q2 If the decision is made before 2018.6.13 ( e.g. 2nd extension visa is issued on 2018.3.10 ), shall I apply ILR straightforwad on 2018 .6.13 or I have to creat another 2 posts reaching 24 months after 2018.3.10. Obviously the two existing employees will only reached 6 months from 2018.03.10 to 2018.6.13 .

You need to have 24 months of job AFTER the extension date. I interpreted your post to say you had 4 employees. If so, then you will get to 24 months six months after extension.

I don't believe there is anything in your history that should be negative or create complexity. I am surprised this was categorised complex - possibly just a standard postponing technique.

[marcnath]

Actually you will qualify for ILR late Dec/early Jan depending on your travel after you arrived. The six months per year can include time before arrival, so up to 180 days before your arrival date is when your 5 year eligibility date can start if you have not had any travel for 6 months after your arrival. And you can apply 28 days before you become qualify, so you are eligible to apply now.

There is an option to try and vary the application to ILR anyway now. I am not absolutely sure of this, but I do recall reading somewhere that HO automatically gives an extension if you don't meet all ILR conditions but qualify for extension instead. So though I believe you still don't qualify because of the application date remaining October, you could try since it is so close.

Write a proper cover letter explaining the case and ask for consideration.

[moongesture]

Your time under 3C(while decision pending for previous application) will be considered as continuos toward 5 year residency. You can very your LTR application to ILR if you meet all condition any time before a decision is made on your pending/previous application.

In case you get a positive response for your application for second extension you need to demonstrate another 24 months employment (your case come under transitional agreement i.e. Pre 6-April 14) from the date your LTR starts.

Complex letter is issued to majority but not all the applicants, also this does not necessarily means 6 months or more for case processing.

[marcnath]

Actually you will qualify for ILR late Dec/early Jan depending on your travel after you arrived. The six months per year can include time before arrival, so up to 180 days before your arrival date is when your 5 year eligibility date can start if you have not had any travel for 6 months after your arrival. And you can apply 28 days before you become qualify, so you are eligible to apply now.

There is an option to try and vary the application to ILR anyway now. I am not absolutely sure of this, but I do recall reading somewhere that HO automatically gives an extension if you don't meet all ILR conditions but qualify for extension instead. So though I believe you still don't qualify because of the application date remaining October, you could try since it is so close.

Write a proper cover letter explaining the case and ask for consideration.

Apologies, I need to correct myself.

Since your entry was more than 180 days after the visa grant, only the date of entry can be used for the 5 year period. So, you will only qualify in June 2018

[Luckyyear]

Dear fellows,

I am back now. I received IHS partial refunds today in total of 400 pounds ( 200 for each of applicant).
After searching all the relevant posts here I realise it doesn’t not mean my application is approved.
I noticed someone got partial refunds at first then was refused later. I can do nothing but wait now.Here is my timeline as following


2017.10.24 2nd extension application submitted
2017.11. 01 biometric letter
2017.11.07 Scan fingerprint
2017 .11.28 exceptionally complex letter
2018.05.25 IHS partial refunds


My case is very special and it is my 2nd extension and you can search my previous post which mentioned the details.

I will keep on updating .
Good luck to me.

[zimba]

Stick to one topic please

[moongesture]

You can now make the variation request from T1-Extension to ILR-SET(O).