entrepreneur extension pending and reach 10 years

[dhar96]

Hi
Respected board members

please advice me ,my tier-1 entrepreneur 50 k route extension is pending. my team member reached 10 years for long term residency next month.

i am wondering because we submit application one day after of our previous leave expired. i mean one day late submit.
my question is ,can my team member apply for ILR while decision is pending though apply in grace period.

i am looking your kind advice.

[CR001]

What date did you apply for the extension?

What date does he reach 10 years?

An out of time application is a problem as you are not covered by Section 3C even if you only apply one day after it expires.

[Gomchi]

hi,
i reckon you can vary your application to ilr
even if your application is delayed by one day you can get 14 days of grace period
for out of time application as it was 28 days berore,
but you need life in the uk test, and i hope your documents is in ukvi
i dont have any idea regarding this matter, please consult the solicitors
regards

[dhar96]

What date did you apply for the extension?

What date does he reach 10 years?

An out of time application is a problem as you are not covered by Section 3C even if you only apply one day after it expires.

Thanks for your reply

I applied in last week of May 2016,
My team member will reach 10 years middle of may17

Could you pls explain what sort of problem can arise.

Does grace period not covered to continuous long term residency?

Waiting to hear from you.

[CR001]

My understanding is that as it is an out of time application, he has no valid leave since May 2016. If the Tier 1 Ent is approved, then it will probably not be a problem. For ILR LR, he needs a full 10 years legal stay.

[zimba]

No you cannot apply under 10 year rule as you applied for your extension AFTER your visa expired. You have been an overstayer since May 2016. Your extension must succeed first to allow this overstaying period to be ignored under immigration rules.
Also remember that you CANNOT apply for any fresh application including an ILR if your current pending application is subsequently refused. Very poor planning on your part !

[Gomchi]

https://www.gov.uk/government/uploads/s ... -v15_0.pdf
Hi,
If I am not wrong the application can be sent within the 28 days 28 days grace period after the expiry of current leave
.it will be counted as legal stay.

[vinny]

If he applied one day late in May 2016, then, for a new application now, that's way past the 28 days.

[dhar96]

If he applied one day late in May 2016, then, for a new application now, that's way past the 28 days.

Deal All

Thank you for your advice.

i read out all nice advice. what my team member can do now?
if got negative result from pending. what is further step to do.

please help with from experience and scenario.

[zimba]

Your team member must wait as advised If the result is negative, you get to apply for AR or go for JR depending on the basis for refusal. You have no other options