yk123 wrote:Hi All,
I was going through the new policy guidance and was shocked to the changes implemented by HO. I have consulted to few solicitors and they advised the new rule does not apply in your case as you entered the route prior the rule was introduced.`
My company provides customer service and it is impossible that 1 employee stays with the company for a period of 12 months.
My concern is if HO keeps on changing the rules and we don't have any freedom to do business and after all efforts and investment one day HO changes a rule and asks us to leave the country.
It takes time for a business to set up and honestly there is no deadline but on an average first 2 years of your start up you can't expect any returns from your business and if you are lucky you start getting some returns .
Honestly i told have problem in getting an extension but what guarntee i have after 5 years when my business is in boom I am forced to leave the country.
Till date my company created and my extension is due next month.
1 Full time = 17 Months
1 Part time = 17 Months
1 Part time = 17 Months
1 Part time = 20 Months
1 Full Time = 17 Months
1 Part Time = 12 Months
1 Part time = 11 Months
1 part Time =11 Months
1 Full Time = 8 Months
1 Full Time =5 Months
Please advise if the new guidance is implemented on all visa holders and if i qualify according to new rules
This board has little experience with accelerated ILR, as far as accelerating w/o having 10 FT concurrent employees we have one case from over a year ago and he/she have disappeared (had 7 employeed doing over 120 months of work)
This board is about shared experiences and seems to have an above average amount of cases of clear losers who did the absolute minimum to meet the terms of their visa (and come here a week before to try and catchup and are in shock their higher deity right to live in the UK is not offered to them after their much economic needed corner takeaway they flipped from someone else does not make the HO bow to them). My point, the serious entrepreneurs who achieved the lofty goal of accelerated ILR don't necessarily come here. And we just don't know how accelerated ILR worked before and after the guidance clarifications.
At the core you have a reasonable case and need a good lawyer to make it (but also look how strong your other business fundamentals are, how strong is the case in the eyes of the case worker that your intentions are serious and long term, how strong is your business, how high is your average salary above min wage).
And my only point of recommendation is to somehow make it clear that if the accelerated ILR is not accepted can they at least give you a normal extension. that is not such a bad outcome (if you are a real entrepreneur) and the world does not end if you have to wait another 2 years for ILR. I don't know exactly how to do that and you would need to somehow give evidence that is not needed for ILR (e.g. maintenance), obviously that is not needed. Applying for ILR and being declined then applying again for extension is expensive at minimum.
But I reiterate, there is NO evidence on this board that can lead you to know what will/could happen.
I personally don't see it a high risk for serious entrepreneurs that they make drastic changes to policy (if you are a marginal entrepreneur then yes there are risks, if you thought that the UK needs "high value" migrants to make more min wage jobs washing cars and don't even have any stability in your workforce then the policy changes might catch up with you)
