Extension Still waiting

[olubaba007]

Hi Team please i am new to this forum as i have always relied on solicitors. Please i extended my T1 Entrepreneur visa 2nd week in february 2017 and was interviewed in september 2017. i am still waiting for response however my solicitor advised i can employ two staffs again for 12 months so i can count towards feb 2019 where i will be exactly 5 years on this route.
PLease kindly advise as i am hoping to apply for ILR feb 2019 although i am yet to hear back from Homeoffice

[marcnath]

Hi Team please i am new to this forum as i have always relied on solicitors. Please i extended my T1 Entrepreneur visa 2nd week in february 2017 and was interviewed in september 2017. i am still waiting for response however my solicitor advised i can employ two staffs again for 12 months so i can count towards feb 2019 where i will be exactly 5 years on this route.
PLease kindly advise as i am hoping to apply for ILR feb 2019 although i am yet to hear back from Homeoffice

I always believe you should employ people when you need them rather than whether they count for your immigration application.

Having said that, your solicitor is correct but only if the conditions are correct. Assuming you qualify for 5 yr ILR in Feb 2019, you can apply sometime in Jan 2019. In that case, you can use jobs created in the 12 months before the application date, so from Jan 2018 onwards. You just need to check on the exact date in Jan based on your visa date

[olubaba007]

Thank you for your prompt response, however i have been informed that any employment i make from January 2018 to January 2019 will not be valid unless i receive my extension visa from Home office. Can you help clarify that part. Is it true that i can only employ for 12 months only after i get my xtension and any employment made even if i have not received my extension visa is invalid?

[PeterLove2008]

Regarding job creation during extension period:
Does the 2 full time job creation have to be “during the extension period”? In @ulubaba007 case, if you get your extension, say March 2018 (hopefully earlier), then only the job creation from March 2018 will count, another word, jobs earlier than March 2018 will not be counted?

[marcnath]

i have been informed that any employment i make from January 2018 to January 2019 will not be valid unless i receive my extension visa from Home office.

This was true until yesterday.

But there has been a change in the immigration rules effective from today, which changed that restriction and instead allowed jobs created in the 12 months before application date to be used for job creation.

[QSDanik]

So Marcnath! in new case if job creation can count of last year for applying ILR..does it mean if Olubaba meet the conditions..can he apply for ILR without getting any result of Extension application..or always have to wait for result of extention application in all cases. Sorry if my question is silly or if it is mentioned in Guidance policy ( I have not come across any kind of discussion on the forum). Can you please put some information about this.

[marcnath]

So Marcnath! in new case if job creation can count of last year for applying ILR..does it mean if Olubaba meet the conditions..can he apply for ILR without getting any result of Extension application..or always have to wait for result of extention application in all cases. Sorry if my question is silly or if it is mentioned in Guidance policy ( I have not come across any kind of discussion on the forum). Can you please put some information about this.

No, because if he varies the extension application to ILR, the date of the application will still be same - when the original extension application was made - at which time OP has not qualified for ILR.

OP can't withdraw the extension application and apply ILR either because it would be an out of time application.

So, no shortcuts

[mohsensari]

Date of application: application to vary
Where an application is varied, the application date remains the date of the original application. This is relevant to whether an applicant has, or will have, 3C leave. For further information see: Leave extended by section 3C (and leave extended by section 3D in transitional cases).
However, for PBS applications, where a variation application is made in accordance with paragraph 34E, then, for the purposes of assessment against the rules, the date on which the variation is made should be treated as the date of the application.

[mohsensari]

I think he is able to vary the application as he is pbs applicant.

[zimba]

^ Correct but HO will not take another year to make a decision on the extension, until Feb 2019.

[mohsensari]

^ Correct but HO will not take another year to make a decision on the extension, until Feb 2019.

Agree with you

[olubaba007]

Thank you all for your response, i am the main applicant here but the confusion there is that i applied for my extension february 2017 and by february 2019 i would have spend 5 years on the T1 Entrepreneur route. however with the delay from the home office regarding my extesion decision. I will like to go ahead and employ two more people in order to satisfy the requiements against feb 2019 which will cover the last 12 months . can i go ahead with this plan regardless of the silence from HO

[marcnath]

Thank you all for your response, i am the main applicant here but the confusion there is that i applied for my extension february 2017 and by february 2019 i would have spend 5 years on the T1 Entrepreneur route. however with the delay from the home office regarding my extesion decision. I will like to go ahead and employ two more people in order to satisfy the requiements against feb 2019 which will cover the last 12 months . can i go ahead with this plan regardless of the silence from HO

Sorry, the discussion went sideways.
But I think I answered the question earlier - uk-tier-1-entrepreneur-visas/extension- ... l#p1582404

Was there something not clear about the answer ?

[olubaba007]

Thank you the answer is clear now so i will proceed with the employment not waiting for response from HO regarding my extension. I will just apply for my ILR next feb 2019 so far i can cover 12 months employment for 2 staffs in this last year remaining to clock 5 years on this route. Thank you for your response.