Tier 1 entrepreneur extension applied with dependent (wife) and long term residecy in August 2009.

[Sunny85]

Hi Friends

I am using this forum first time please help me regarding my case.
I came in UK 09 August 2009 as a student.
I have applied tier 1 entrepreneur extension in 20 October 2018 with my wife.
I have a daughter she born in December 2018.
My 10 years are going to complete in 09 August 2019.
My questions are
1- if the decision of my visa not come until august,
Should I vary my application?
2- what should I do for my dependent application?
3- if I also vary my dependent application she will need English language certificate which she don't have. She cannot appear in test as the acceptable ID for the test is valid passport and passports are with the home office.
4- what should I do for my daughter she has all the UK documents like birth certificate etc but I have not applied for her any passport yet.
5- if I vary my application what should I do for my wife application.
6- I have also an entrepreneur partner mean we have applied in a team. He has not any dependent and his 10 years are also completing in October 2019. If decision not come until he is also planning to vary application.

Please help specially seniors thanks a lot.

[marcnath]

Hi Friends

I am using this forum first time please help me regarding my case.
I came in UK 09 August 2009 as a student.
I have applied tier 1 entrepreneur extension in 20 October 2018 with my wife.
I have a daughter she born in December 2018.
My 10 years are going to complete in 09 August 2019.
My questions are
1- if the decision of my visa not come until august,
Should I vary my application?
2- what should I do for my dependent application?
3- if I also vary my dependent application she will need English language certificate which she don't have. She cannot appear in test as the acceptable ID for the test is valid passport and passports are with the home office.
4- what should I do for my daughter she has all the UK documents like birth certificate etc but I have not applied for her any passport yet.
5- if I vary my application what should I do for my wife application.
6- I have also an entrepreneur partner mean we have applied in a team. He has not any dependent and his 10 years are also completing in October 2019. If decision not come until he is also planning to vary application.

Please help specially seniors thanks a lot.

1 - only you can decide if you should vary your application. ILR - LR is easier as it does not depend on all the T1E conditions and documents. However, your dependant's 5 year clock gets reset as she has to apply for FLR (M).
2 - Vary her application to FLR (M)
3 - You can ask for the passport to be returned for ID for the test.
4 - She can register for BC once you get your ILR
5 - same as 2
6 - he has an easier decision to make

[Sunny85]

Thanks a lot Marcnath I got your answers very clearly.
I also have some more questions which are creating some confusions in my mind if you could help me in these too.
1- for my wife to apply I should have annual income nearly 19000. It can be combined income I mean 12000 for me and 7000 for my wife ?
And also I could have this 12000 income for my own company as im regestered in my company as an employed and getting wage every month.

2- My 10 years stay in uk when I had applied for tier 1 entrepreneur visa ist time back in 2015. it's been refused. I went for appeal against the decesion that appeal also been refused. I applied second application but home office returned my application saying you had the right of appeal and you canot apply the new application until you avail the right ( actually I had avail my appeal right and home office had missed the appeal refusal letter from court or unable to see that letter in application). Home office also mentioned me that you have been overstayed now and you should leave the country. I go for administrative review against their decision but they refused it. During all these I went in JR and home office also issue my letter of removal as I had been overstayed during all these. The ask me to come for signed fortnightly, But before the JR procedure what ever the procedure, home office quit before going to court and accept mistake and grant me the tier 1 entrepreneur visa and also returned my lawyer fees too. My question is during these circumstances my Period will be break or not?
Thanks a lot.

[Sunny85]

Hi guys

There is a bit technicality in my long term residency 10 year if someone be able to help.
As I asked I had applied for tier1 entrepreneur in 2012 after PSW. My tier 1 entrepreneur application has been rejected by giving me the appeal right. I went in appeal my appeal also rejected.
I applied again (new application) for tier 1 entrepreneur within time.
Home office Did mistake they sent my second application back after keeping it more than 28 days by saying it invalid. The reason they give for invalid application was, they said I had the appeal right after my ist tier 1 entrepreneur application which I have not availed.
(Actually I submitted the court appeal refusal letter with new application which they ignored or not seen)
They also mentioned I have been overstayer now. I submitted administrative review its also refused by home office. I decided to go in JR and start the JR process with preaction protocol. During this home office issue my removal letter and they put me on signed every fortnight. I star signing. That was really tough time of my life never will forget.
After 3 or 4 month home office withdraw his decision before going to court for JR and granted me tier 1 entrepreneur visa.
My question is about 10 year long residency. My continues 10 year will break during all these or not.
I hope I explained all briefly if some one not clear I will try to explain again thanks.

[marcnath]

Your overstay should be ignored so you should be ok

[Sunny85]

Thanks marcnath your advice or suggestion is I should vary my tier 1 entrepreneur application to ilr in august if tier 1 entrepreneur extension decesion remain pending until ?

[Sunny85]

One more important thing if you guys could help. For my wife I have to show 18600 annual income for her FLR.
I will show only my annual income 18600 from my own company. I am taking salary right know 715 per month from my company.
I am thinking increase it from this month which is March 19 to fulfil the requirement of 18600.
Other important thing I also have a business partner. We are always taking equal wage. If I will increase only my income it will be Ok?
Could anyone suggest how much monthly income I should be set or will be appropriate and also what kind of company documents i will have to be required for the proof of income at the time of submitting application thanks.

[Sunny85]

Hi guys I'm posting this again I want the opinion of some more senior members in this if you guys give some time to read this will be very much appreciable.

There is a bit technicality in my long term residency 10 year if someone be able to help.
As I asked I had applied for tier1 entrepreneur in 2012 after PSW. My tier 1 entrepreneur application has been rejected by giving me the appeal right. I went in appeal my appeal also rejected.
I applied again (new second application) for tier 1 entrepreneur within time.
Home office Did mistake they sent my second application back after keeping it more than 28 days by saying it invalid. The reason they give for invalid application was, they said I had the appeal right after my ist tier 1 entrepreneur application which I have not availed.
(Actually I submitted the court appeal refusal letter with new application which they ignored or not seen)
They also mentioned I have been overstayer now. I submitted administrative review its also refused by home office. I decided to go in JR and start the JR process with preaction protocol. During this home office issue my removal letter and they put me on signed every fortnight. I star signing. That was really tough time of my life never will forget.
After 3 or 4 month home office withdraw his decision before going to court for JR and granted me tier 1 entrepreneur visa.
My question is about 10 year long residency. My continues 10 year will break during all these or not.
I hope I explained all briefly if some one not clear I will try to explain again thanks.
Please share views if someone have same kind of experience on this forum. Thanks

[Sunny85]

Hi Senior members Zimba/CROO

Please I need your expert advise I'm waiting please thanks.

My confusion is
I applied for tier 1 entrepreneur visa after PSW. It's been refused after keeping application by home office more than a year. I went in appeal.
When my appeal right had exhausted and I applied in time second tier 1 entrepreneur application which home office sent me back as invalid keeping more than 28 days by saying i had the right of appeal actually it was not.
They issue my removal letter and put me on sign every fortnight.
I went in JR and home office withdraw their decision before going further in court. Rather considering my second tier 1 application the grant me the tier 1 entrepreneur visa directly.

What about my 10 years will be break after the appeal right exhausted n I Did my second tier 1 entrepreneurs application
Thanks for help.