Tier 1 Entrepreneur Extension. (outside country) [Approved]

[Usmana5]

I'm a successful applicant of getting Extension approval outside the country of Tier 1 Entrepreneur (200K) after withdrawing my application in country due to emergency.

It was a very stressful time as I had read the forum to bits and had no hope of getting a decision as people were waiting for as long as 2 years. I hadn't received any complex letter and I was living in limbo so I finally decided to withdraw my application.

I took a huge risk as I could have wasted four years, my lawyer said it's not possible. My family & friends discouraged. The only thing which helped was this brilliant form and my own research. I can't thank enough for two special admin members ZIMBA88 and Marcnath who are so knowlegable and helpful that I can't even express. My lawyer who use to discourage these forms proved to be utterly wrong, the right people here are better than immigration lawyers. Trust me! All you need is research and everything is on their official website.

Anyways to end the story I got my extension outside the country as it clearly mentions you can apply for extension outside and it is considered as initial Tier 1 but falls under extension, I applied and submitted scanned copy of all requested docs with a few updates docs e.g (payslips). after 6 weeks when I got my approval they gave me a 30 days entry clearance visa to collect my BRP from local post office.

Now my confusion is here that when I received my BRP it had validity time of initial tier 1 visa of 3 years and 4 months which I was given in June 2014, along with a category of "Leave to Enter" where as generally it should mention 2 years with category of "Leave to Remain". I'm just worried that it hasn't reset my time or broken my section '3C'. Or due to outside country application this is how they have to print on it and I can apply next year for indefinite leave to remain as it completes my 5 year settlement route.?!

Or maybe they have accidentally misprinted the BRP the time & category and I should replace it so there won't be any hurdle when I apply next year for indefinite? please help Zimba88/Marcnath what should I do? I did complain about my BRP just on their official website to check, as it takes 5 working days so I'm waiting. Should I be worried? there is no point of talking to any lawyer as they don't have knowledge of this unique case. This form is all I need from now on. Thank you once again and please suggest any advice on this current situation which I'm in again? Thanks

[marcnath]

This is an interesting one.
What is your exact timelines - date you sent in withdrawal, date you departed, etc.
Also what does your approval letter state ? Does it say extension approved or just Tier 1 application ?
Clearly, you have submitted investment and job creation documents and not access to funds documents. So, the fact that they granted you the visa has to be on the basis of Table 5 (extension), not Table 4 (initial).
I would then assume that bureaucracy crept in and stamped 3 years 4 months because it is an entry clearance, not leave to remain.
In principle, you should still be able to apply for ILR 5 years from initial visa date, subject to meeting the continuous stay requirement (which may have been affected by this approach).

[CR001]

This is an interesting one.
What is your exact timelines - date you sent in withdrawal, date you departed, etc.
Also what does your approval letter state ? Does it say extension approved or just Tier 1 application ?
Clearly, you have submitted investment and job creation documents and not access to funds documents. So, the fact that they granted you the visa has to be on the basis of Table 5 (extension), not Table 4 (initial).
I would then assume that bureaucracy crept in and stamped 3 years 4 months because it is an entry clearance, not leave to remain.
In principle, you should still be able to apply for ILR 5 years from initial visa date, subject to meeting the continuous stay requirement (which may have been affected by this approach).

Users previous (locked) topic from earlier this year.

uk-tier-1-entrepreneur-visas/tier-1-ext ... l#p1584899

[zimba]

Congratulations
I still do not think that you were granted extension but a Tier 1E entry clearance which will be granted always for 3 years and 4 months.
Extension is only granted inside the UK. When you leave the UK and you have no visa, what are you exactly extending outside ?!
Depending on when you withdrew the application, when you left the UK and when you applied for your entry clearance outside the UK, your continuous lawful stay in the UK may have not been broken. Remember that for your ILR, you need to satisfy the job creation again

[miumiuuk]

Congratulations, what an exciting journey!
I also concern about they may calculate your 5 years from the new extension date, not your first entry date.
Will you complete 10 years before 5 years?

[Usmana5]

This is an interesting one.
What is your exact timelines - date you sent in withdrawal, date you departed, etc.
Also what does your approval letter state ? Does it say extension approved or just Tier 1 application ?
Clearly, you have submitted investment and job creation documents and not access to funds documents. So, the fact that they granted you the visa has to be on the basis of Table 5 (extension), not Table 4 (initial).
I would then assume that bureaucracy crept in and stamped 3 years 4 months because it is an entry clearance, not leave to remain.
In principle, you should still be able to apply for ILR 5 years from initial visa date, subject to meeting the continuous stay requirement (which may have been affected by this approach).

Yes it is! the worst part that not much advice can be found out there till it's time to apply next year. Either I will get an indefinite approval or rejected with money wasted and start a case which will cost me a fortune.

Anyways I applied within 14 days of withdrawal (3C). I will mention both timelines in detail below ;
Note : 14 days start to count from the day you recieve documents.

(In uk)
Application sent : 25th Oct 2017
Application recieved : 26th Oct 2017
Fee deducted : 27th Oct 2017
Bio Metric letter Issued : 1st Nov 2017
Bio Metric letter received : 6th Nov 2017
Bio Metric Submitted : 6th Nov 2017

Withdrawal Request : 1st February 2018
Documents Received : 9th February 2018 (except passport due no leave to remain)

My visa was valid till 27th Oct 2017 so when you withdraw they keep your passport and you have to follow the voluntarily departure procedure, you are given the passport at the departure gate which was a torture as incase of emergency you can't travel before 2 weeks in total.

I applied online in the UK : 14th February 2018
Departure from the UK : 14th February 2018
Documents submitted (scanned) outside country : 22nd February 2018

Asked for a Police certificate in addition if you have stayed more than 12 months in total visa duration.

Approval letter along with passport : 11th April 2018 (valid till 30th to collect BRP)

Even my approval letter mentions "Your application for UK has been successful. This means when you arrive in the UK (known as Leave to Enter) as TIER 1 (Entrepreneur) MIGRANT from 31 Mar 2018 to 31 Jul 2021.

I thought my BRP might mention extension details but it was the same when I collected.

The continuous period I have been following very carefully, not being out of the country more than 180 days in 12 months. Also applying again before 14 days of withdrawal out of country which was a challenge.

Bureaucracy might have stepped in because I had a legitimate reason. I had a death certifciate along with all extension documents. (Invested funds,payslips,etc.). UKVI takes medical reasons serious.

I will be living in confusion till next year when I apply I guess. Then again the wait for decision. Torture.

[Usmana5]

Congratulations
I still do not think that you were granted extension but a Tier 1E entry clearance which will be granted always for 3 years and 4 months.
Extension is only granted inside the UK. When you leave the UK and you have no visa, what are you exactly extending outside ?!
Depending on when you withdrew the application, when you left the UK and when you applied for your entry clearance outside the UK, your continuous lawful stay in the UK may have not been broken. Remember that for your ILR, you need to satisfy the job creation again

Thank you so much Zimba88, couldn't have done it without you guys. This will only make me happy if my continuous stay hasn't been broken and I can apply next year for ILR or else all my effort has gone down the drain. I have mentioned all the detailed timeline in the thread, please read.

Yes I have to satisfy the 2 job creations and 180 days in the country condition, that's all I guess?
My business never stopped and is still running with all necessary requirments.

I kind of agree that lawfully you can't get extension outside the country because it doesn't make sense and they had no choice other than give me the remaining suitable category. I only want to make sure than I can apply for ILR next year because technically I applied for extension.

Please give my your input, specially on my UK continuous stay not being broken and eligible to apply for ILR next year? Also if I need to be direct with Home office to end this confusion, who and which method should be approached? thank you.

[Usmana5]

uk-tier-1-entrepreneur-visas/tier-1-ext ... l#p1584899
[/quote]

Thank you CR001 for brining up the introduction of my past thread which was unfortunately locked. Impressed! please don't lock this, need to get to the conclusion of this. lol

[kaps84]

First of all congratulations, that your application was accepted and approved!

Your application is quite unique!!
You might have been granted an initial visa by looking at your circumstances.

Quoting from the UKVI website:

How to extend your visa if you’re outside the UK
Apply for a new a Tier 1 (Entrepreneur) visa online to extend your visa from outside the UK.

Since you are in UK now and have the BRP received. It might be worth sending an email to HO stating that wrong BRP has been issued to you and explain your situation. They will likely send a clarification.

[zimba]

You should be fine and you can apply for ILR in 2019. I stress here that the BRP is correctly issued as per guidelines of Tier 1E entry clearance

[kaps84]

While entering UK, has the immigration officer stamped your visa (vignette and not any page on passport) with the date of entry? This is something they do when you make an initial entry to UK.

And did you had any option of 'extension' while doing online application? and did you quote anywhere in your 'cover letter' that you are applying for extension and not initial application?

I think it should be worth clarifying now than later with HO.

[zimba]

There is no evidence OP was granted anything other than an initial Tier 1E entry clearance. He just claimed the 'money invested already' option and that is all. Also if you claim extension, you should be able to show what was exactly 'extended'

[kaps84]

That’s Ok, but will OP be considered to have spent ‘continuous’ 5 yrs in UK to apply ILR next year?

And he received visa by submitting the extension documents? And it would be good to know when he made the investment? Last 12 months?

[marcnath]

There is no evidence OP was granted anything other than an initial Tier 1E entry clearance. He just claimed the 'money invested already' option and that is all. Also if you claim extension, you should be able to show what was exactly 'extended'

The attributes points for initial application and extension are different.
The only way investment would be recognised for an initial application is it was made in the 12 months before the application date. In this case, given OP was already waiting over 6 months, that would have been unlikely - though OP can confirm.
Also, a Business Plan is a MUST for initial application.

So, if OP's investment was before Feb 2017 and/or no business plan was submitted, it would be safe to conclude that what was granted was an extension based on Table 5 attributes.

[Usmana5]

Kaps84

Yes. I have sent them a message on BRP section at ;
(https://www.biometric-residence-permit. ... t-mistakes)

Yes. They have stamped on the 30 days Entry clearance Visa with date (24th April). Also I did had an option of Tier Entrepreneur (Extension) outside country online application. My lawyer didn't believe me till filled the online application and showed him the category.
I did mention the reason for withdrawal and applying for extension, Also the documents I submitted where all extension requirements.
I have been making investments in parts since I was granted the inital visa in 2014 till 2017. So investments have been regular ever since I first entered the UK.

Marcnath

Yes, Investment was made in parts from Aug 2014 till Sep 2017. Obviously no business plan was submitted as interview is now mandatory for initial application unlike in 2014. They also asked for
few missing investment bank statements which I did provide later on. I must say they are quite responsive and fast when it comes to outside country applications. lol, So I hope I'm safe for ILR next year?!

[marcnath]

Yes, Investment was made in parts from Aug 2014 till Sep 2017. Obviously no business plan was submitted as interview is now mandatory for initial application unlike in 2014. They also asked for
few missing investment bank statements which I did provide later on. I must say they are quite responsive and fast when it comes to outside country applications. lol, So I hope I'm safe for ILR next year?!

I am confident this was an extension and you would have no issues with ILR.
It would be dangerous to conclude anything, but it is possible HO has a separate team to handle out of country applications.
The big risk you took and for anyone else considering this is that if the processing takes 6 months or more, the 5 year continuous period gets reset.

[kaps84]

Amazing Usmana5 !

@marcnath, this case was a withdrawal and reapply. What if someone applies extension from outside in the first go. Do you think 180 days will be a hinderance? And 5yrs clock will reset?

Do you think outside application comes to UK to be decided?

[marcnath]

@marcnath, this case was a withdrawal and reapply. What if someone applies extension from outside in the first go. Do you think 180 days will be a hinderance? And 5yrs clock will reset?

The 180 day absence has an impact at any time - this has nothing to do with application inside or outside the country. Anytime you are out of the country for more than 180 days in any 12 month period, the continuous stay clock effectively resets.

Do you think outside application comes to UK to be decided?

Absolutely. It is not possible for them to train people in every embassy to handle a complex Tier 1 application

[kaps84]

180 days - Even if the application is ‘in-progress’ with HO and it’s the HO taking more time to decide? Reset of clock sound weird, Isn’t it?

Could be that rules will amend to cover the absence by some existing or new section (if not already) with the ‘introduction’ of applying extension from outside UK.

[marcnath]

180 days - Even if the application is ‘in-progress’ with HO and it’s the HO taking more time to decide? Reset of clock sound weird, Isn’t it?

Could be that rules will amend to cover the absence by some existing or new section (if not already) with the ‘introduction’ of applying extension from outside UK.

The ability to apply for extension from outside UK is not new. It was available at least one year back, as far as I can see.

The 180 day rule is different issue - it applies to all points based visa and has nothing to do with the application from outside. HO is not insisting that an applicant should apply from outside. In fact, applying from outside is an exception rather than the common way of doing it

[Usmana5]

Yes. I took a huge risk if it would have taken more than 6 months but there is nothing I could have done at that time. I'm glad I got my visa and can apply for ILR next year.

[kaps84]

Understood. Thanks again @marcnath !

[helpmehelpall]

Hi Folks,

Very interesting case & congrats dear

How about your dependents?

In case someone applies extension from outside UK then what happens to their dependents living in UK? Do they also have to quit UK and comeback with principal applicant or they can continue living in UK though it is expected that their stay may become illegal in case of delay in decision by HO for principal applicant from outside UK

How can we solve this situation considering above scenario ??

Thanks

[bizman]

This is quite interesting mate. First congratulations. I think you have a unique circumstance, you met immigration rule for a Tier 1 Visa and so they had no option but to give you, however consider the fact that extention applications are always submitted within which is stated clearly on the form, I assume that you are granted Tier 1 Initial Visa. It is very important you get clarifications from HO

[bizman]

What did the approval state on your BRP letter.