Please I need advice on way forward after Extension Approval – 5yrs or 10yrs route

[lily2013]

Hello,

I would appreciate your advice on the best way to go after my successful tier 1 entrepreneur extension.
I would love to go with the 10 year route as it is very straightforward and doesn’t involve creating employment which at this stage of my business isn’t really required plus business has been slow so struggling to keep paying my current employees.
But the thing is that my 10 year will complete about 10 days after my tier 1 extension expires. Any chance I become an overstayer then put in the 10 year route when I become eligible?

Or do I apply for 5 year route even though I might not qualify if I am not able meet up with the job creation requirement but then vary the application before a decision is made?

I look forward to your opinion on this issue please.
Thanks in advance

[marcnath]

Hello,

I would appreciate your advice on the best way to go after my successful tier 1 entrepreneur extension.
I would love to go with the 10 year route as it is very straightforward and doesn’t involve creating employment which at this stage of my business isn’t really required plus business has been slow so struggling to keep paying my current employees.
But the thing is that my 10 year will complete about 10 days after my tier 1 extension expires. Any chance I become an overstayer then put in the 10 year route when I become eligible?

Or do I apply for 5 year route even though I might not qualify if I am not able meet up with the job creation requirement but then vary the application before a decision is made?

I look forward to your opinion on this issue please.
Thanks in advance

You can apply for your LR 28 days before you qualify, so you should be able to apply when you T1E is still valid.
Even otherwise, always better to apply for extension and then vary it.

[lily2013]

Thanks for your reply . Sorry I made a mistake in the post regarding when my 10 years route will complete.

Visa would expire August 13th 2019 but my 10 year completes September 24th 2019 ( date first visa issue was 25th Sept 2009) . So this exceeds the 28 days in which I can apply. My visa would have expired as I would need to apply around August 26th. So I would have overstayed for about 13 days.
if the visa extension had been granted in September 2017, I won't be in this dilemma.

So any thoughts?

[CR001]

On what date did you enter the UK in 2009?

For 10 years long residence, it counts from date of entry not visa stamp date.

[marcnath]

Thanks for your reply . Sorry I made a mistake in the post regarding when my 10 years route will complete.

Visa would expire August 13th 2019 but my 10 year completes September 24th 2019 ( date first visa issue was 25th Sept 2009) . So this exceeds the 28 days in which I can apply. My visa would have expired as I would need to apply around August 26th. So I would have overstayed for about 13 days.
if the visa extension had been granted in September 2017, I won't be in this dilemma.

So any thoughts?

So you have a long way to go.
You should apply for your extension and then vary. You are cutting it too short otherwise and depending on your entry date (as CR001 mentioned), it could be even further away.
Remember, you still need to satisfy the conditions of your T1E visa grant. It is 10 years of lawful stay and breaking any conditions of the T1E visa can lead to curtailment of that visa, even if they find it when you apply for your 10 yr LR

[lily2013]

Thanks for your reply . Sorry I made a mistake in the post regarding when my 10 years route will complete.

Visa would expire August 13th 2019 but my 10 year completes September 24th 2019 ( date first visa issue was 25th Sept 2009) . So this exceeds the 28 days in which I can apply. My visa would have expired as I would need to apply around August 26th. So I would have overstayed for about 13 days.
if the visa extension had been granted in September 2017, I won't be in this dilemma.

So any thoughts?

So you have a long way to go.
You should apply for your extension and then vary. You are cutting it too short otherwise and depending on your entry date (as CR001 mentioned), it could be even further away.
Remember, you still need to satisfy the conditions of your T1E visa grant. It is 10 years of lawful stay and breaking any conditions of the T1E visa can lead to curtailment of that visa, even if they find it when you apply for your 10 yr LR

I already have my tier 1 extensions approved in August, I'm just looking ahead at my options for ILR i.e 5year route after my 2 years extension expires or 10 years route - which I'm just finding out now that my visa would have expired before I am eligible to even apply for this route.

I'm still running my business as normal I'm just looking at the fact that business isn't moving as fast as I want it and I may not be able to keep up with Job creation criteria to qualify for the 5 years ILR route. So basically looking for a plan B.

[bizman]

You are at the last lap of everything, i can imagine what you have been through, more so business is not moving.I will advise you keep the jobs as Macnath has advised and then vary it when you reach ten years.

[natsha]

Best option fight for your business and try to keep update everything because 10-year ILR might not stay or if stay might they will ask you regarding Tier-1 + extension, safe side 5 years.