Upcoming extension, company is still not operating. Chances?

[zimba]

POSTS MERGED

[Wonderberry]

Hello everyone,
I've recently consulted with you guys on saving my wife's Tier1 Entrepreneur visa (on which I'm listed as dependant). The responses were great and very helpful, but unfortunately it looks like we couldn't get anything running and won't be able to do so until we are due to extend the visa in mid-October this year. There is some sort of activity, but not enough to say it's a successful business.

There is no requirement that it should be a successful business. Even in the guidelines, they acknowledge that the business may no longer be there. 80-90% of start-ups fail, that is unfortunately the nature of Entrepreneurship.

I'd say that we still have around 30-40% chance to extend.

But there is a requirement that the business is a genuine entrepreneurial one and having read your previous thread, you may be facing challenges there. I am assuming when you refer to the 30-40%, you feel you can get the attribute points but would fail the genuine entrepreneur test.

I'm also employed by big firm and could ask them to get me working Tier2 visa and then make my wife dependand instead.

My question is, what's the best sequence of actions? Should we wait until October to try our luck with extension and then (if we fail), apply for my work visa? Or should we try to apply for extension early (July-August), risking of being couple of months short upon ILR, and then applying for work visa in case we are denied with extension?

I'm also interested if I will be allowed to stay in UK with my wife while my employer will arrange a visa for me? Say, we don't get extension on Tier1 in October, I go and ask for Tier2, but it will take some time to attange it(I am not from EU, so I guess employer will have to advertise the position etc etc). I assume there will be a couple of months until this is sorted. Will I be able to continue working in UK?

I also thought if maybe I should apply for Tier2 right now and keep my wife on her Tier1. If everyting works out for her, she will get ILR and Passport in 2-3 years and then I can apply for citizenship as a husband. But if she is denied in October, she will be able to jump on my visa. Is that even sane?

Thank you!

If possible, the last option is best. Have separate Visas and when either of you become eligible for ILR, you can choose who the main applicant can be.

Thanks for your input friend!

I'm honestly a bit scared by having separate visas. What if we do that and then my wife will need a visa in 6 months time and my company will be either too slow to help her or deny me with a visa for her? You know what I mean?

I have following questions in relation to "wait for Tier1 decision and then switch to Tier2 if needed" route:
1) If Tier1 is not extended, will I be able to stay in the country and work while my Company arranges Tier2 for me (28 days advertising etc)?
2) Any chance for us to switch from Tier1 to Tier2 not leaving the country?

Thanks a lot! I do try to read gov.uk, but not all answers can be found there....

[marcnath]

Thanks for your input friend!

I'm honestly a bit scared by having separate visas. What if we do that and then my wife will need a visa in 6 months time and my company will be either too slow to help her or deny me with a visa for her? You know what I mean?

I have following questions in relation to "wait for Tier1 decision and then switch to Tier2 if needed" route:
1) If Tier1 is not extended, will I be able to stay in the country and work while my Company arranges Tier2 for me (28 days advertising etc)?
2) Any chance for us to switch from Tier1 to Tier2 not leaving the country?

Thanks a lot! I do try to read gov.uk, but not all answers can be found there....

1. If Tier 1 is rejected (after the AR rejection also, if you do that), both of you will be overstayers. So, you will not be able to work until the Tier 2 is approved.
2) Your wife can switch from Tier1 to Tier2 within the country. You can't

[Wonderberry]

Thanks for your input friend!

I'm honestly a bit scared by having separate visas. What if we do that and then my wife will need a visa in 6 months time and my company will be either too slow to help her or deny me with a visa for her? You know what I mean?

I have following questions in relation to "wait for Tier1 decision and then switch to Tier2 if needed" route:
1) If Tier1 is not extended, will I be able to stay in the country and work while my Company arranges Tier2 for me (28 days advertising etc)?
2) Any chance for us to switch from Tier1 to Tier2 not leaving the country?

Thanks a lot! I do try to read gov.uk, but not all answers can be found there....

Thanks a lot! Last question I came up with on basis of the scenario you have supported "have different visas:

1. If Tier 1 is rejected (after the AR rejection also, if you do that), both of you will be overstayers. So, you will not be able to work until the Tier 2 is approved.
2) Your wife can switch from Tier1 to Tier2 within the country. You can't

If I am to apply and get Tier2 now and wife is to successfully attempt Tier1(Ent) in October (not listing me as a dependant), will she be able to add me as a dependant later on (after extension)? It's just that I am afraid that my company can give me 1 year visa or fail to prove that I am unique employee and it will be too late to jump in the Tier1(Ent) train! What do you think?

[CR001]

You can reapply as a Tier 1 Ent dependent at anytime if she gets her extension but if you have changed to Tier 2 General and then switch back to dependent visa, your clock for ILR starts again from zero and a new 5 year residence period.

[Wonderberry]

You can reapply as a Tier 1 Ent dependent at anytime if she gets her extension but if you have changed to Tier 2 General and then switch back to dependent visa, your clock for ILR starts again from zero and a new 5 year residence period.

Thanks for your response. But once she gets her ILR (in 2y time), I will be able to get one as well as a partner at the same time? Or will I have to wait 5y period to finish first?

In this case, this solution is the best. Not putting all eggs in one basket, and each of us has his partner visa to fall on if needed!

[marcnath]

You can reapply as a Tier 1 Ent dependent at anytime if she gets her extension but if you have changed to Tier 2 General and then switch back to dependent visa, your clock for ILR starts again from zero and a new 5 year residence period.

Thanks for your response. But once she gets her ILR (in 2y time), I will be able to get one as well as a partner at the same time? Or will I have to wait 5y period to finish first?

In this case, this solution is the best. Not putting all eggs in one basket, and each of us has his partner visa to fall on if needed!

As CR001 pointed out, you cannot combine the period of Tier 1 Dependant with Tier 2 General.
So, you will not be able to get your ILR at the same time as her.
However, I am not sure if you have to wait for another 5 years or just the amount of time you spent on Tier 2.

Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Leave granted for any other reason cannot be combined.

However, I do not read this as resetting the ILR clock as there seem to be two things - continuous lawful residence of 5 years (which can include Tier 2) and probationary period of 5 years (which cannot include Tier 2). I haven't seen anything (yet) that says that probationary period has to be continuous.
My personal interpretation is that your period as Tier 2 will not be included, so if you were on Tier 2 General for 1 year, you would need to have a total of 6 years stay at the minimum.
But there may be others who can confirm this.

[Wonderberry]

You can reapply as a Tier 1 Ent dependent at anytime if she gets her extension but if you have changed to Tier 2 General and then switch back to dependent visa, your clock for ILR starts again from zero and a new 5 year residence period.

Thanks for your response. But once she gets her ILR (in 2y time), I will be able to get one as well as a partner at the same time? Or will I have to wait 5y period to finish first?

In this case, this solution is the best. Not putting all eggs in one basket, and each of us has his partner visa to fall on if needed!

As CR001 pointed out, you cannot combine the period of Tier 1 Dependant with Tier 2 General.
So, you will not be able to get your ILR at the same time as her.
However, I am not sure if you have to wait for another 5 years or just the amount of time you spent on Tier 2.

Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Leave granted for any other reason cannot be combined.

However, I do not read this as resetting the ILR clock as there seem to be two things - continuous lawful residence of 5 years (which can include Tier 2) and probationary period of 5 years (which cannot include Tier 2). I haven't seen anything (yet) that says that probationary period has to be continuous.
My personal interpretation is that your period as Tier 2 will not be included, so if you were on Tier 2 General for 1 year, you would need to have a total of 6 years stay at the minimum.
But there may be others who can confirm this.

Thanks a lot! Guess I just need to ask for work visa now. Your help is very appreciated!

[CR001]

You can reapply as a Tier 1 Ent dependent at anytime if she gets her extension but if you have changed to Tier 2 General and then switch back to dependent visa, your clock for ILR starts again from zero and a new 5 year residence period.

Thanks for your response. But once she gets her ILR (in 2y time), I will be able to get one as well as a partner at the same time? Or will I have to wait 5y period to finish first?

In this case, this solution is the best. Not putting all eggs in one basket, and each of us has his partner visa to fall on if needed!

As CR001 pointed out, you cannot combine the period of Tier 1 Dependant with Tier 2 General.
So, you will not be able to get your ILR at the same time as her.
However, I am not sure if you have to wait for another 5 years or just the amount of time you spent on Tier 2.

Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Leave granted for any other reason cannot be combined.

However, I do not read this as resetting the ILR clock as there seem to be two things - continuous lawful residence of 5 years (which can include Tier 2) and probationary period of 5 years (which cannot include Tier 2). I haven't seen anything (yet) that says that probationary period has to be continuous.
My personal interpretation is that your period as Tier 2 will not be included, so if you were on Tier 2 General for 1 year, you would need to have a total of 6 years stay at the minimum.
But there may be others who can confirm this.

This is ONLY applicable if the spouse has had PBS dependent visa status throughout. Combining one PBS dep- tier 2 main -PBS dependent to make up 5 years for ILR is not permitted. It MUST be 5 years continuous main visa holder or 5 years continuous PBS dependent visa. Switching between main and dependent will keep resetting the clock.

Provide the link of the extract you have posted if your are quitting policy.

[marcnath]

As CR001 pointed out, you cannot combine the period of Tier 1 Dependant with Tier 2 General.
So, you will not be able to get your ILR at the same time as her.
However, I am not sure if you have to wait for another 5 years or just the amount of time you spent on Tier 2.

Combining leave for ILR
If the applicant has previously been granted leave in another category of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of the same main applicant (that is, the PBS migrant), that leave can be combined with leave granted as a PBS dependant to count towards the probationary period for ILR, provided their most recent leave has been as the partner of that PBS migrant.
Leave granted for any other reason cannot be combined.

However, I do not read this as resetting the ILR clock as there seem to be two things - continuous lawful residence of 5 years (which can include Tier 2) and probationary period of 5 years (which cannot include Tier 2). I haven't seen anything (yet) that says that probationary period has to be continuous.
My personal interpretation is that your period as Tier 2 will not be included, so if you were on Tier 2 General for 1 year, you would need to have a total of 6 years stay at the minimum.
But there may be others who can confirm this.

This is ONLY applicable if the spouse has had PBS dependent visa status throughout. Combining one PBS dep- tier 2 main -PBS dependent to make up 5 years for ILR is not permitted. It MUST be 5 years continuous main visa holder or 5 years continuous PBS dependent visa. Switching between main and dependent will keep resetting the clock.

Provide the link of the extract you have posted if your are quitting policy.

Here's the link for the text I quoted - (page 34)
https://www.gov.uk/government/uploads/s ... ts-v12.pdf

But yes, deep in the rule 319E(d)(ii)(c) is the condition that the applicant should have had continuous leave as a spouse or partner.

So, yes, switching from dependant to main will reset the ILR clock