ILR Entrepreneur Refused- what are the options

[Shahzad Simon]

Hi,


I got ILR entrepreneur refusal and the reason is certain hours are less than the required during extension leave period. Have option of Administrative review 14 days till 31st January but if I go for it and if it unsuccessful, what else

My ten years are going to complete on 3rd April.

What are options to save 10 year rout?

Should I reapply right now and would the long residence period be affected?

Waiting expert legal opinion

[Tariq21]

I think after AR you should apply for FLR OR.
But ideally consult lawyer as my opinion is not 100%

[Casa]

I think after AR you should apply for FLR OR.
But ideally consult lawyer as my opinion is not 100%

There is no FLR OR category. If ILR has been refused the same conditions will have to be met for a subsequent visa application.

[ukbiz]

Hi,


I got ILR entrepreneur refusal and the reason is certain hours are less than the required during extension leave period. Have option of Administrative review 14 days till 31st January but if I go for it and if it unsuccessful, what else

My ten years are going to complete on 3rd April.

What are options to save 10 year rout?

Should I reapply right now and would the long residence period be affected?

Waiting expert legal opinion

Apply for AR on 31 Jan 17 , you will be covered for 3C until AR response.

If AR refused in 30 days, for example, AR refusal received on 03 MAR 17. On 08 March 17 you can apply for ILR within 28 days of your 10 Years stay and overstaying period from 03 Mar to 08 Mar will be disregarded being within 14 days of overstay rule.

The above advice is applicable if you never had broken in your 3C leave and not being overstayed before.

[sniperV]

hi, i am not quite understand the reason you refused. is it total hours less than 3120 hours?

[zimba]

Please share your employment creation details first as there might be hope in AR.

[Shahzad Simon]

Please share your employment creation details first as there might be hope in AR.

Basicallly,

when I applied for extension before 15 days of expiry and got my grant of visa after a month, they are not counting hours of that month, they said, we will count your hours from the date of extension granted but that month hours were part of the continuous employment. As I got refusal now after 4 month and the hours of these four months are about 400. I am now confused If I reapply whether they will consider these hours or not. Secondly, first time I was granted visa outside UK on 12 April 2007 I entered in UK on 1st May 2007. If I reapply will my 10 years long residence affect?

Strange situation

[Meesha]

It is very clearly stated that employees hours during extension application procedure are disregarded. How early you applied for ILR? was it close to your visa expiry? If you applied a month earlier to your expiry, i think hours worked during that month will be counted towards extension time. In this way you can apply again by making fresh application.

[zimba]

As discussed many times on the forum, ONLY hours during your LAST grant of leave is counted (in your case extension period) based on immigration rules Appendix A Table 6:

Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the most recent grant of leave.

Hours are counted as long as you created them during your extension period only, so if in the last 4 months you had no leave and were on section 3C then you do not have enough hours of employment to claim for ILR.
You also cannot apply for ILR based on 10 year route as you have not completed the required period yet.

[Shahzad Simon]

As discussed many times on the forum, ONLY hours during your LAST grant of leave is counted (in your case extension period) based on immigration rules Appendix A Table 6:

Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the most recent grant of leave.

Hours are counted as long as you created them during your extension period only, so if in the last 4 months you had no leave and were on section 3C then you do not have enough hours of employment to claim for ILR.
You also cannot apply for ILR based on 10 year route as you have not completed the required period yet.

Thanks Zimba and Meesha,

My first grant of visa was 11 April 2007 which means I can apply before 28 days. If I go for Administrative Review on 1st February and If I receive reply on 1st March, Can I apply then for 10 years within 14 days of Administrative Review result.

In the hours there was a confusion, Still in ILR Application form on page 46, they mentioned, We consider full time 30 hours per week/120 Per month.

[zimba]

My first grant of visa was 11 April 2007 which means I can apply before 28 days. If I go for Administrative Review on 1st February and If I receive reply on 1st March, Can I apply then for 10 years within 14 days of Administrative Review result.

There is no ground for your AR and almost 99% of AR case are concluded within 28 days or even sooner. Depending on when AR is concluded, you get 14 days to apply for another application and by that time you might not still be eligible. You might have to apply for FLR and then vary it to SET(LR) down the road instead. You better discuss your options on the ILR forum.

In the hours there was a confusion, Still in ILR Application form on page 46, they mentioned, We consider full time 30 hours per week/120 Per month.

I don't see how this is relevant to your issue of not creating 24 months of employment within the extension period

[Shahzad Simon]

Hi All,

I have already posted query on Tier 1 Entrepreneur Forum, however one good moderator asked to share on this forum.


I got refusal on 18th January due to some hours were short than the required employment creation.

My first entry into UK was on 30 April 2007 on working holiday maker

Before expiring this visa I go out of UK and got visit visa for 2 years and come back to UK after 10 days.

Spend 5 month on visit visa and then go out of UK and got student visa and then came back to UK in 10-15 days.

Then switch student visa to Tier 1 Entrepreneur and got extension as well.

On 18th jan I got refusal on the basis of less hours of employee work.

My question is now I have time to apply for administrative review till 1st February If AR rejected by end of February, can not apply for SET(LR).

What are the options, Should I apply for FLR within 14 days of AR rejection and than vary to Long residency?

Or should I reapply on the same rout of entrepreneur ILR? and If I do so, will my 3C leave continue?

Guidance in this regard will be highly appreciated.

[noajthan]

Posts merged - in ILR forum as this is about ILR.