Tier 1 extension or FLR (FP) please help

[Dineshdina123]

Dear all

I'm new to this forum. I have doubt regarding employee for tier 1 visa.

Can a EEA ( European union) student be an employee to the company?

Because when i went thru the guideline for employee it say EEA has to be in settle status.

I'm just concerned because i recruited 2 students (Poland and Romania) for last 8 months and my extension due in august 15, 2019.

Kindly advise on the employee settle status information.

Thanks for your time and efforts in helping.

Regards,
Dineshdina123.

[zimba]

All EEA citizens are considered to be settled under Tier 1E rules.
That is slightly different from the actual definition of the settled status under the law.

[Dineshdina123]

Thanks zimba.

[Dineshdina123]

Dear all,

I'm on tier 1 entrepreneur visa. My visa run out in 15th august 2019. I spoke to some lawyer the advise me to apply flr(fp) because of my previous visa history very hard in tier 1 extension. They advise me to apply for flr (fp) and change to ILR because I qualify for ILR on 24 December 2019.

My history as follows:

Visa issued on 25 December 2009 but came to UK on 20 January 2010 tier 4 student visa.
Extended student visa from 14th march 2011 to 10th October 2011.
Applied for psw on 10th October 2011 successful got psw until 28th November 2013.
Applied for tier 1 entrepreneur visa on 28th November 2013.
16 June 2014 refused appeal made on time and successful in court.
Home office again refused with same points on 12 may 2015 appeal made on time and again won in the court.
Finally visa approved on 29 June 2016 and received the bio metric on 15th august 2016 to 15th august 2019.

I complete my 10 years route on December 2019 but some lawyers say because I landed in UK within 28 days of visa issued I can apply 28 days before from the date of visa issued.

1. Is the arrival date or is the visa date for ilr?
2. What is the best option to go for flr (fp) or tier 1 extension because I get only 14 days if refused?
3. In flr (fp) if refused I get appeal right but is that safe to apply since I'm very close to 10 years route.
4. What is the best option to from August 15 2019 to 20 December 2019?
5. Will my history be a problem in ilr because I left the previous company and opened a new company after my visa issued ?
6. I didn't file much accounts as my partner did fraud in the company and left the country?
7. With the current company I'm only having 2 contracts but no office basis would be a problem?

Kindly guidance me and thanks for your help, time and effort in help others.

Regards,
Dineshdina.

[marcnath]

Do not start new topics for each question. Stick to your thread.

[marcnath]

Dear all,

I'm on tier 1 entrepreneur visa. My visa run out in 15th august 2019. I spoke to some lawyer the advise me to apply flr(fp) because of my previous visa history very hard in tier 1 extension. They advise me to apply for flr (fp) and change to ILR because I qualify for ILR on 24 December 2019.

My history as follows:

Visa issued on 25 December 2009 but came to UK on 20 January 2010 tier 4 student visa.
Extended student visa from 14th march 2011 to 10th October 2011.
Applied for psw on 10th October 2011 successful got psw until 28th November 2013.
Applied for tier 1 entrepreneur visa on 28th November 2013.
16 June 2014 refused appeal made on time and successful in court.
Home office again refused with same points on 12 may 2015 appeal made on time and again won in the court.
Finally visa approved on 29 June 2016 and received the bio metric on 15th august 2016 to 15th august 2019.

I complete my 10 years route on December 2019 but some lawyers say because I landed in UK within 28 days of visa issued I can apply 28 days before from the date of visa issued.

1. Is the arrival date or is the visa date for ilr?
2. What is the best option to go for flr (fp) or tier 1 extension because I get only 14 days if refused?
3. In flr (fp) if refused I get appeal right but is that safe to apply since I'm very close to 10 years route.
4. What is the best option to from August 15 2019 to 20 December 2019?
5. Will my history be a problem in ilr because I left the previous company and opened a new company after my visa issued ?
6. I didn't file much accounts as my partner did fraud in the company and left the country?
7. With the current company I'm only having 2 contracts but no office basis would be a problem?

Kindly guidance me and thanks for your help, time and effort in help others.

Regards,
Dineshdina.

What were the reasons for refusal for your T1 Ent visa twice ?
Unless those reasons are still relevant, the refusal on its own should not have an impact on your extension.
None of the other issues you have mentioned are disqualifications under the immigration rules.
If you have met the criteria for extension and your business is genuine, then you should be able to explain those things.
I agree that it is not as simple as some of the decisions of the CWs are not easy to explain. But going the FLR (FP) route, in my opinion, does not change any of that. They still have the right to look at all the same things.

[Shahadot86]

Go to extension first then variation to FLR FP after 5/6 weeks.

[Dineshdina123]

Hi marcnath,

Reason for refusal twice was genuineness.

with currently I'm running company but I didn't create website and have office.

I'm also struggling to get contract and again some lawyer say they mighty reject your case on genuineness.

Because in case they regret I got only 14 days on tier 1 extension further I only get admin review with genuineness it is very hard to win CW.

On the other hand flr (fp) I get appeal rights but I'm bit concerned with flr (fp) case where they refuse in ilr.

Kindly advise how the flr (fp) works and what reason can be given.

Secondly is arrival date or the issue date of visa for 10 years ilr?

Regards,
Dineshdina123

[Dineshdina123]

Hi Shahadot86 thanks for your reply. But if I keep vary on they mighty reject on getting time to push for 10 years

What is your thought?

Regards,
Dineshdina123

[marcnath]

Hi marcnath,

Reason for refusal twice was genuineness.

with currently I'm running company but I didn't create website and have office.

I'm also struggling to get contract and again some lawyer say they mighty reject your case on genuineness.

Because in case they regret I got only 14 days on tier 1 extension further I only get admin review with genuineness it is very hard to win CW.

On the other hand flr (fp) I get appeal rights but I'm bit concerned with flr (fp) case where they refuse in ilr.

Kindly advise how the flr (fp) works and what reason can be given.

Secondly is arrival date or the issue date of visa for 10 years ilr?

Regards,
Dineshdina123

So genuineness is likely to be scrutinised still.

Not having website or office is not, in my opinion, disqualifying. It all depends on what your business is and whether there are good reasons not to have those.

On the other hand, do you have any valid reasons to file for FLR (FP). The chances of that getting rejected could be higher. And even if you go for appeal, unless you are successful, you cannot apply for ILR.

[Dineshdina123]

Hi marcnath,

Thanks for your reply.

I'm in the processing of creating website and office I don't need one as I'm not having much contract I'm just filling the visa requirement as I need 2 employees and 50,000 pounds.

Because lawyer feel again they will reject on Guinness she said apply for flr (fp) private life say me and wife in medical condition of depression and need some time .

But when I read flr (fp) mostly refused because CW will know I'm buying time for ilr. Since I left only 4 months for ilr.

Is there any solution apart from flr (fp)?

Secondly if I manage to arrange document for tier 1 extension and vary for ilr will my ilr refuse because of Guinness?

Thirdly how early I can apply for ilr, can I apply on 24 of November 2019 or 24 of December 2019?

Regards,
Dineshdina123

[marcnath]

Hi marcnath,

Thanks for your reply.

I'm in the processing of creating website and office I don't need one as I'm not having much contract I'm just filling the visa requirement as I need 2 employees and 50,000 pounds.

Because lawyer feel again they will reject on Guinness she said apply for flr (fp) private life say me and wife in medical condition of depression and need some time .

But when I read flr (fp) mostly refused because CW will know I'm buying time for ilr. Since I left only 4 months for ilr.

Is there any solution apart from flr (fp)?

Secondly if I manage to arrange document for tier 1 extension and vary for ilr will my ilr refuse because of Guinness?

Thirdly how early I can apply for ilr, can I apply on 24 of November 2019 or 24 of December 2019?

Regards,
Dineshdina123

Ok. That seems tough as the business does not seem genuine if you are only trying to meet the visa requirements.

You can always try to get a Tier 2 sponsorship. Or try one of the new Start-up or Innovator visas. Not saying that any of them are easy. The whole idea of the immigration rules change seem to be around genuineness.

I can't see how they can reject your ILR (LR) based on genuineness unless they can determine that you violated the terms of the Tier 1 Ent visa. And Genuineness is not a condition of the visa grant.

10 year ILR is based on date of entry, not grant of visa.

[Dineshdina123]

Hi marcnath,

Thanks for the reply. I spoke to solicitor he is saying we fulfill the tier 1 extension requirement and apply as it will take more than 5 months for home office to process the file and also for my ilr won't be an issue as bio metric itself take 2 months for tier 1 extension since home office outsourced the process then we vary the ilr early again bio metric will take 2 months.

He also informed for ilr 10 years route is not the date of application is the date when the start to consider your file remaining visa is the date of application is that right?

So his point of view is even if they refuse tier 1 visa I can easily sail the 5 months process by either postponed the bio metric or admin review.

To to remember I qualify for 10 years ilr on 22 December 2019 and current visa run-out in 15 august 2019.

I'm also try to find tier 2 and other visa process as mentioned both are quite hard and huge money involved. Kindly let me is there any chances me pass thru ilr.

I maintain the accounts, employee and basic contract with two clients but didn't have office, website and even employee back dated to august till now.

Regards
Dineshdina123

[Dineshdina123]

Hi all,

Please share your view and ideas.

Regards
Dineshdina123

[marcnath]

Hi marcnath,

Thanks for the reply. I spoke to solicitor he is saying we fulfill the tier 1 extension requirement and apply as it will take more than 5 months for home office to process the file and also for my ilr won't be an issue as bio metric itself take 2 months for tier 1 extension since home office outsourced the process then we vary the ilr early again bio metric will take 2 months.

Your solicitor seems to be stuck in the old days. Now, you make an online application and choose your bio metric appointment as part of that. I am not sure how far away you can choose the appointment but it may be less than 2 months.

He also informed for ilr 10 years route is not the date of application is the date when the start to consider your file remaining visa is the date of application is that right?

It is the date of application - not sure where is getting the other info from.
The application date should be within 28 days of 10 years from your date of entry to the UK.

So his point of view is even if they refuse tier 1 visa I can easily sail the 5 months process by either postponed the bio metric or admin review.

That is quite likely, though we are seeing some speeding up since the new systems have started - but not enough to say all applications are speeded up.

To to remember I qualify for 10 years ilr on 22 December 2019 and current visa run-out in 15 august 2019.

I'm also try to find tier 2 and other visa process as mentioned both are quite hard and huge money involved. Kindly let me is there any chances me pass thru ilr.

I maintain the accounts, employee and basic contract with two clients but didn't have office, website and even employee back dated to august till now.

Regards
Dineshdina123

[Dineshdina123]

Hi marcanth,

Thanks for your reply.

I met solicitor for advise again. He said I can claim points because I got visa saying funds already invested from my previous company.

But I said I didn't file any company accounts the only evidence I have is business bank statements and personal bank statements showing the funds has moved from personal to business and paid to clients approved by court and points awarded. My refusal was based on Guinness in 2013 and give 0 points/75.

1. How do I know they have give points for funds already invested solicitor say I should received with my bio metric but I have not received anything like that. I just have the refusal letter saying 0 points /75 later visa granted thru court hearing.

2. If home office grant visa basis on funds already invested can I keep same documents even though I have moved from that company but not filed any returns in company house/hmrc.

3. The reason for not file the accounts is my partner did fraudulent activity without my knowledge and left the country so I have resign from the company and start a new company.

4. Is it okay to keep the previous company documents and current company documents so that it prolong the case worker in making the decision before I qualify for ilr in Dec 23, 2019 and visa run out in Aug 15, 2019.

Regards
Dineshdina123.

[Frontier Mole]

It is obvious you do not qualify for Tier 1 Ent extension on so many levels. It was no more than a stop gap to 10 year ILR so why are you asking all these questions about Tier 1 Ent?

Given your history and total lack of a genuine business it all points to a refusal under Tier 1 Ent. So if your intent is to remain in the UK at all costs you have only the bogus FLR (FP) route and thereafter vary to 10 year ILR if they don’t manage to decide your case under FLR (FP) first.

[Dineshdina123]

Hi frontier mole/all,

Sorry if I'm asking too many questions. The reason is I got visa saying funds already been invested 50000 pounds thru court but what happened is my partner did some fraudulent activity so I could not able file accounts.

Secondly I'm not getting what you r trying to say "
It was no more than a stop gap to 10 year ILR so why are you asking all these questions about Tier 1 Ent?"

If I got for extension saying funds already invested and approved by court order any idea what are the documents I need to keep for extension apart from creation of employees.

Regards
Dineshdina123

[Shahadot86]

You don't need to show anything if already invested. But good to show in management account. In policy guidance table D, page 26 clearly maintain
"You do not need to evidence for investment if your initial application shown already invested"

[Dineshdina123]

Hi Shahadot86/all,

Thanks for your reply. The problem I'm facing here is the management account. When we applied we provided everything director loan agreement, accountant certificate saying invested.

But we have not provided management account and also my partner did fraudulent activity and I was forced to resign from the company.
I checked on the company house the company I invested he did not file any records of accounts and not mentioned any of my director loan in debtor section he only mentioned his name in director loan.

I'm find difficult to prove with the account records even though I got the visa saying funds already invested and spent for the business activity.

My concern is I resign from the company once I got visa and opened a new company and fining difficult in extension to show about investment.

1. If I apply for extension without any records about investment is that okay what could be the best solution to over come or pass the time?

2. In extension can I keep only employee creation records and apply will they reject even though home office (should have my record saying funds already invested).

3. Do they check in company house about the company not filing the accounts and still overdue I don't have clue what he is doing with the company

4. Will any problem arise as I created employee in new company since invested in old company also I back dated since I had problem with business account just for 5 months

5. What could be best solution for extension everything was provided in initial stage of application expect the employee creation.

6. How can I attach file here.

Regards,
Dineshdina123.

[marcnath]

Hi Shahadot86/all,

Thanks for your reply. The problem I'm facing here is the management account. When we applied we provided everything director loan agreement, accountant certificate saying invested.

But we have not provided management account and also my partner did fraudulent activity and I was forced to resign from the company.
I checked on the company house the company I invested he did not file any records of accounts and not mentioned any of my director loan in debtor section he only mentioned his name in director loan.

I'm find difficult to prove with the account records even though I got the visa saying funds already invested and spent for the business activity.

My concern is I resign from the company once I got visa and opened a new company and fining difficult in extension to show about investment.

1. If I apply for extension without any records about investment is that okay what could be the best solution to over come or pass the time?

2. In extension can I keep only employee creation records and apply will they reject even though home office (should have my record saying funds already invested).

3. Do they check in company house about the company not filing the accounts and still overdue I don't have clue what he is doing with the company

4. Will any problem arise as I created employee in new company since invested in old company also I back dated since I had problem with business account just for 5 months

5. What could be best solution for extension everything was provided in initial stage of application expect the employee creation.

6. How can I attach file here.

Regards,
Dineshdina123.

It is not clear how you can say the court approved it as money invested when you have not submitted the necessary documents and the reason for refusal was genuineness, not investment. But given that you did not submit documents to show access to funds, the fact that your application was approved had to have been on the basis of invested amount.
So, you can submit your application and state that you have already been given points for investment in the initial application and so you are not required to provide evidence.

[Frontier Mole]

The money invested in the company has to be demonstrated in the current accounts. If there are no accounts for the previous company by default there is no investment demonstrated. That is very clear cut and will lead straight to a refusal on that point alone.

Initial investment is exactly that, everyone had to be able to demonstrate the funds were available. The next step is showing the funds moved into the business and that they were accounted for. The OP is saying there is no accounts showing his investment in his name thus it would appear he has not invested.

[marcnath]

The money invested in the company has to be demonstrated in the current accounts. If there are no accounts for the previous company by default there is no investment demonstrated. That is very clear cut and will lead straight to a refusal on that point alone.

Initial investment is exactly that, everyone had to be able to demonstrate the funds were available. The next step is showing the funds moved into the business and that they were accounted for. The OP is saying there is no accounts showing his investment in his name thus it would appear he has not invested.

That was my first impression - as accounts were not submitted, it did not meet the requirements for the funds invested.

However OP also says:

I'm find difficult to prove with the account records even though I got the visa saying funds already invested and spent for the business activity.

Which seems to indicate that OP could not have demonstrated funds are available, as they were already spent.

It is difficult what the actual situation is without seeing the exact documents, but the rules are quite clear that "if points were awarded for investment before" then points can be claimed without evidence.

[Frontier Mole]

No accounts equals no visa. There is nothing that will overcome that unless the accounts are provided and all the documents to support them are available.

I doubt very much that the investment and expenditure was accounted for prior to the submission of the initial application. That is not possible under the rules. So I am discounting that statement completely.

As you say unless the documents are actually seen and the case studied then there is little to add here.

My opinion is that given the circumstances outlined there is little possibility that the OP will be granted a visa extension.

[Dineshdina123]

Dear all,

I'm confused, because so lawyer say I should apply for settlement on tier 1 visa if you have maintained 2 employees. Because you applied in 2013 Nov and visa was granted in August 2016 to august 2019.

So point is I have legally completed 5 years tier 1 on 18 may 2019 basis on that we can apply for settlement provided I have maintain 2 employees and regarding funds you already prove in the court that funds have invested and utilised for company you provided bank statements, accountant certificate for funds and 3 months p and l accounts, invoices for the company.

But I'm concerned because as previously mentioned I left the company because of partner and he didn't file any returns or director loan on my name, so I'm feeling it will raise issues with genuineness activity again in settlement? Your advice or thought please.

Secondly let say I apply for settlement on August 15, 2019 and they take decisions before my ilr period on 23 Dec 2019( 10 years route ). Can I apply for my tier 1 extension within the 14 days period?
What happen to continue stay status does I'm breaking section 3c here because of refusal and applying fresh tier 1 extension?
Will it be okay for 10 years route or they will refuse my ilr saying my continue has broken when settlement was refused under tier 1 ( 5 years route)?

Your helps and advise are much appreciated.