Dependant's status while I'm applying for ILR (t1 ent route)

[yahyaa]

Hi gurus

My T1 entrepreneur visa is due to end in 15th December 2017. I will be eligible for ILR application in 15th February 2018 (10 years). I have this 2 months gap between my current visa expiry date and the ILR eligible date as stated above. Now even if I apply 28 days before the completion of 10 years, there is still about a month's gap that I have to somehow cover. Someone told me that all I need to do is to apply for FLR in December 2017 and vary the application to ILR when I become eligible. Now here is my questions-

1. If I vary my FLR application to ILR, can I get my ILR application done by fast track?

2. My wife is on dependant visa at the moment, which is due to expire on the same day as mine (15the December 2017), what visa category should I apply for her when I apply for my FLR? Should we jointly apply for FLR and then vary mine to ILR and her's to ILR dependant?.

3. Is there is financial requirement in any of the FLR/ILR visa category i.e. maintenance fund?

Thanks a lot in advance.
Yahyaa

[Nzekells]

Hi gurus

My T1 entrepreneur visa is due to end in 15th December 2017. I will be eligible for ILR application in 15th February 2018 (10 years). I have this 2 months gap between my current visa expiry date and the ILR eligible date as stated above. Now even if I apply 28 days before the completion of 10 years, there is still about a month's gap that I have to somehow cover. Someone told me that all I need to do is to apply for FLR in December 2017 and vary the application to ILR when I become eligible. Now here is my questions-

1. If I vary my FLR application to ILR, can I get my ILR application done by fast track? I suppose by fast track, you mean PEO. And yes, you can. But I suppose you would need to make some form of application that would bring you within 28 days of 15 Feb 2018, making you eligible for the ILR application. A PEO application at this point does not guarantee on-the-day result.

2. My wife is on dependant visa at the moment, which is due to expire on the same day as mine (15the December 2017), what visa category should I apply for her when I apply for my FLR? Should we jointly apply for FLR and then vary mine to ILR and her's to ILR dependant?. Yes, you can include her as a dependant on the FLR application. But you can't include her as a dependant on the ILR(LR) application as it does not allow any dependant. That said, please bear in mind the issue of 'vexatious and frivolous' applications and the recent reactions from the home office. You will need to decide which FLR application you are intending to make. And the risks involved.

3. Is there is financial requirement in any of the FLR/ILR visa category i.e. maintenance fund? You would need to check the particular application forms at the time of application to verify nothing has changed. But apparently, No assuming FLR(FP) and ILR(LR).

Thanks a lot in advance.
Yahyaa

[yahyaa]

Thanks a lot Nzekells. I have another question on the back of your answer- when I vary my FLR to an ILR application, what would be my wife's status (as you said I can't include her as a dependant on my ILR application)? In other words, what are the options for the people on dependant visas when their spouses are applying for ILR?

[Nzekells]

Thanks a lot Nzekells. I have another question on the back of your answer- when I vary my FLR to an ILR application, what would be my wife's status (as you said I can't include her as a dependant on my ILR application)? In other words, what are the options for the people on dependant visas when their spouses are applying for ILR?

Sometime ago, I started reading that the HO was refusing dependants who apply for FLR(M) to wait out the decision on the main applicant's application. I suppose that is because FLR(M) is designed to be used by dependants if/when the main applicant already has settled status. I asked the question on this forum and nobody answered.

So what I did and which I think would be the safer option, is for the dependant to apply on FLR(FP). The wordings some have used on this forum instructs the HO to hold the application until a decision is made on the main applicant's application. But I prefer to 'ask for leave' while we await the outcome of the main application. It might not make a word of difference, but the most important thing is for your dependant to make an in-time application, sustaining valid leave. In summary, if you already have ILR via PEO, then safely post FLR(M) on the same day. However if you have to post your ILR application, then technically, your wife has to be a main applicant of sorts. In this instance, you can do what I did by making an FLR(FP) application in which she is the main applicant. Keep on.

[yahyaa]

Thanks very much for the prompt reply. I promise this will be my last question re this topic- I've just read on this forum that applying for FLR just to buy some time (1 month in my case) to quality for ILR is frowned upon by the HO and also could result in ILR application being refused! Given this is true, what would be my best option to get ILR in the following scenario-

Entered UK in mid February 2008 on student visa followed by PSW and T1 Ent.
10 year completion in mid February 2018 (I can apply in
Current visa validity until mid December 2017 (T1 ent.)

Cheers
Yahyaa

[Nzekells]

Thanks very much for the prompt reply. I promise this will be my last question re this topic- I've just read on this forum that applying for FLR just to buy some time (1 month in my case) to quality for ILR is frowned upon by the HO and also could result in ILR application being refused! Given this is true, what would be my best option to get ILR in the following scenario-

Entered UK in mid February 2008 on student visa followed by PSW and T1 Ent.
10 year completion in mid February 2018 (I can apply in
Current visa validity until mid December 2017 (T1 ent.)

Cheers
Yahyaa

No problems at all. It doesn't need to be your last question.
Yeah, what you read is happening. But you can only go as far as your options safely allow you. If it only allows you FLR application, you'd still have to do that. Are you not able to extend ur T1E visa?

[yahyaa]

Thanks a lot.

I don't think I would be able to satisfy all the requirements for a T1E extension, although I'm genuinely working under my limited company. My business's turnover was about £50k plus VAT for the last financial year. So fulfilling all the requirements is not an option for me. Also, if my application is stuck at the HO, my business will not have any work as it operates in the financial sector.

I will be in a tricky situation at the end of the next year. So I need something that will cover my 1 month gap before I can apply for ILR and try to get a quick response from the HO.

[seasky]

Thanks a lot.

I don't think I would be able to satisfy all the requirements for a T1E extension, although I'm genuinely working under my limited company. My business's turnover was about £50k plus VAT for the last financial year. So fulfilling all the requirements is not an option for me. Also, if my application is stuck at the HO, my business will not have any work as it operates in the financial sector.

I will be in a tricky situation at the end of the next year. So I need something that will cover my 1 month gap before I can apply for ILR and try to get a quick response from the HO.

Why not apply for t1Ent extension. That is the natural and expected next step. There is little chance they decline it within a month (just the biometrics takes a few weeks), then vary to ILR

[Nzekells]

Why not apply for t1Ent extension. That is the natural and expected next step. There is little chance they decline it within a month (just the biometrics takes a few weeks), then vary to ILR

+1. Though options like going for FLR(FP) exist, one month is really a short time. It will take 15 working days to go for a biometric enrolment. And that is even after you have received the notice. Are you going to get a bio notice in just one week? Highly unlikely. On the other hand, unless you come up with a good reason why you are applying for FLR(FP) for e.g., your application can easily be returned negatively within 2-3 weeks. Good luck.

[yahyaa]

Hi Nzekells,

Appreciate your suggestion but the problem I have is the requirements of the entrepreneur extension. Although i'm running my business and doing I would say not bad, it would be nearly impossible to show that I've meet all the requirements e.g. invest £50k, x2 job creation due to some stupid mistakes on my part. Would you still suggest I should apply for ent extension rather than FLR given that the time needs covering is just 1 month?

Thanks

[yahyaa]

Any suggestions anybody?

[Nzekells]

Hi Nzekells,

Appreciate your suggestion but the problem I have is the requirements of the entrepreneur extension. Although i'm running my business and doing I would say not bad, it would be nearly impossible to show that I've meet all the requirements e.g. invest £50k, x2 job creation due to some stupid mistakes on my part. Would you still suggest I should apply for ent extension rather than FLR given that the time needs covering is just 1 month?

Thanks

Hi Yahyaa,

My first instinct is for you to apply for FLR, as I did the same thing. It makes more sense, too. But my concern is if they would classify your application as unwarranted, which indeed has been the response to many an application reported on this forum. So while I naturally favour an FLR(FP) application, can you present good-enough grounds to justify that? If yes, then go for it. However if no, then a refusal can come quicker than you'd imagine on FLR lines. Think aloud.