Tier 1 Entrepreneur 1 year short for ILR

[mmohsin18]

Hi guys
My Tier 1 ent is going to expire next year and I need 1 more year visa to complete 10 years. I did not fulfill all requirements of Tier 1 ent visa so cannot apply for extension. My wife is living with me as a dependent.
I need advice how to complete 1 year gap?

Immigration History..
Jan2008 to Nov 2010- Student (Completed Masters in computer Science)
Dec 2010 - Dec2012 - PSW
Jan 2013 - Jan 2014 - (Tier 1 refused and i got visa from court in 1st appeal with no problem)
Feb 2014 - Now - Tier 1 Entrepreneur

Any help will be much appreciated
Thanks alot.

[zimba]

If you did not satisfy the extension requirements, what have you been doing so far in the UK ? In several cases, not satisfying the extension requirements in against the conditions of your visa as a genuine entrepreneur. Are you a registered director or self employed ? Do you have access to the money or have you invested it fully ? What kind of work are you doing now ?

There is no easy way to kill a year to make to to ILR in your case. You either have to satisfy the conditions of extension if you can or for example switch to Tier 2 General. Even with an extension rejection and FLR, your chances of stretchering this to one year is very slim in my opinion.

[babaty2k02]

If you did not satisfy the extension requirements, what have you been doing so far in the UK ? In several cases, not satisfying the extension requirements in against the conditions of your visa as a genuine entrepreneur. Are you a registered director or self employed ? Do you have access to the money or have you invested it fully ? What kind of work are you doing now ?

There is no easy way to kill a year to make to to ILR in your case. You either have to satisfy the conditions of extension if you can or for example switch to Tier 2 General. Even with an extension rejection and FLR, your chances of stretchering this to one year is very slim in my opinion.

....UNLESS something happen to HO that will delay your application response with then for a year!

[CR001]

....UNLESS something happen to HO that will delay your application response with then for a year!

Highly unlikely that an application will be delayed for a year. Frivolous applications with no basis are quickly refused. HO are hot on the ruse of 'buying time' applications.

[Casa]

In fact visa applications are now being refused (in the HO words) due to previously submitted 'frivolous and vexatious' applications.

[mmohsin18]

Thanks Zimba for a quick reply.
I am registered as a director. I am running my company with updated accounts but did not invest 50k or employ anyone. In short i don't meet all extension requirements.
My wife is on my depended visa and I was given advice to send my wife back home and let her apply Student visa and when she gets visa and come back to UK then I join her as a depended . What do you suggest about this option?
Or is there any other way to extend my stay for 1 more year?
I spent 9 years in this country and not gonna give up without taking any chance.

[noajthan]

This doesn't seem to be a question about T1E.

[seasky]

Thanks Zimba for a quick reply.
I am registered as a director. I am running my company with updated accounts but did not invest 50k or employ anyone. In short i don't meet all extension requirements.
My wife is on my depended visa and I was given advice to send my wife back home and let her apply Student visa and when she gets visa and come back to UK then I join her as a depended . What do you suggest about this option?
Or is there any other way to extend my stay for 1 more year?
I spent 9 years in this country and not gonna give up without taking any chance.

You gave up when you took a piss at entrepreneurs visa and not even tried to meet the regs. You of course hurt the serious entrepreneurs out there who might come up with some difficulty over a minor issue and now less chance of discretion. Because too many others are taking a piss at this specific visa. Imagine a serious entrepreneur who employed someone and she/he quit at 11 months. Entrepreneur went out and searched for replacement but it took two months. He now has lost 12 months of employment and does not meet the requirements. A little bit of discretion would be very nice here.

Sorry I don't know much of the other visa systems so can only wish you good luck on that.

[zimba]

Thanks Zimba for a quick reply.
I am registered as a director. I am running my company with updated accounts but did not invest 50k or employ anyone. In short i don't meet all extension requirements.
My wife is on my depended visa and I was given advice to send my wife back home and let her apply Student visa and when she gets visa and come back to UK then I join her as a depended . What do you suggest about this option?
Or is there any other way to extend my stay for 1 more year?
I spent 9 years in this country and not gonna give up without taking any chance.

You can try the student route if you wish however you could face difficulty as UKVI will clearly see that your aim is to stay in the UK via that route. You might not get a favourable decision in that case however you can try.

Imagine a serious entrepreneur who employed someone and she/he quit at 11 months. Entrepreneur went out and searched for replacement but it took two months. He now has lost 12 months of employment and does not meet the requirements. A little bit of discretion would be very nice here.

Employment created does NOT need to be continuous. So no need for discretion here

[Momi]

We are working days and nights. Spending 4k on business every month. We ain't sure that we will complete our 10 years or not and you ain't doing anything how you are expecting that your 10 years will be completed.

[seasky]

Employment created does NOT need to be continuous. So no need for discretion here

I thought about this, and still posted knowing you would put me right (for forum knowledge!) if I was wrong.

So post Post APR 2014 you don't need consecutive month of employment as long it is the same 'job' (so if someone quits or fired and you re hire later it is fine?)

[seasky]

We are working days and nights. Spending 4k on business every month. We ain't sure that we will complete our 10 years or not and you ain't doing anything how you are expecting that your 10 years will be completed.

Are you the same person as the OP? If so your question is incoherent
If your are not the OP: Why are you hijacking this thread

[zimba]

I thought about this, and still posted knowing you would put me right (for forum knowledge!) if I was wrong.
So post Post APR 2014 you don't need consecutive month of employment as long it is the same 'job' (so if someone quits or fired and you re hire later it is fine?)

A job is really an available vacancy/position/role in your company rather than an employee. This means that as long as this position/job/vacancy was occupied for at least 12 months then you are good. You do NOT need to fill this vacancy continuously, you simply need at least 12 months of activity for any job, whether continuous or not. A job can be completed by multiple employees too (e.g one employee works for 3 months then leaves, then another for 6 months and leaves, then another one works for 3 months = total 12 months)

For pre April 2014 applicants, you could potentially create several positions for less than 12 months and then add them together to qualify. However for post April 2014 applicants, they can ONLY claim points for a position/job if and only if such position/job existed for 12 months or more.

[seasky]

I thought about this, and still posted knowing you would put me right (for forum knowledge!) if I was wrong.
So post Post APR 2014 you don't need consecutive month of employment as long it is the same 'job' (so if someone quits or fired and you re hire later it is fine?)

A job is really an available vacancy/position/role in your company rather than an employee. This means that as long as this position/job/vacancy was occupied for at least 12 months then you are good. You do NOT need to fill this vacancy continuously, you simply need at least 12 months of activity for any job, whether continuous or not. A job can be completed by multiple employees too (e.g one employee works for 3 months then leaves, then another for 6 months and leaves, then another one works for 3 months = total 12 months)

For pre April 2014 applicants, you could potentially create several positions for less than 12 months and then add them together to qualify. However for post April 2014 applicants, they can ONLY claim points for a position/job if and only if such position/job existed for 12 months or more.

What evidence do we have that what you say is correct? There have been no post APR 2014 extensions yet

[zimba]

It is in the rules Appendix A:

50. Where the applicant’s last grant of entry clearance or leave was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for a total of at least 12 months during the period in which the migrant had leave in that category. A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period) and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period in which the migrant had leave as a Tier 1 (Entrepreneur) Migrant.

[mohammed1980]

Hi guys
My Tier 1 ent is going to expire next year and I need 1 more year visa to complete 10 years. I did not fulfill all requirements of Tier 1 ent visa so cannot apply for extension. My wife is living with me as a dependent.
I need advice how to complete 1 year gap?

Immigration History..
Jan2008 to Nov 2010- Student (Completed Masters in computer Science)
Dec 2010 - Dec2012 - PSW
Jan 2013 - Jan 2014 - (Tier 1 refused and i got visa from court in 1st appeal with no problem)
Feb 2014 - Now - Tier 1 Entrepreneur

Any help will be much appreciated
Thanks alot.

my case is similar to yours. My business is not doing too good. There are hardly any financial transactions in my business bank account. In such a case, how can I employ 2 employees. If I do, HO will suspect that I am not a genuine entrepreenur and will reject extension visa.

Therefore, my solicitor advised me to apply for PhD from India or look for a Tier 2 sponsor.