ILR refused.. What to do to stay legal in the country?

[gharib2018]

Hello... (What if?)

Your T2 visa (5 years ILR) was refused for any reason (being away from UK more than the allowed days, etc.), is there any possible way to extend/ renew the visa for a third time knowing that his/ her services still required by his/ her employer!

Is there anything or any resolution a person can do in such situation?

[CR001]

A 'what if' topic is bound to become a '2 pence comment' one with no real value.

If you fail to get ILR after 5 years, you can only stay on Tier 2 for a total period of 6 years. There is no other visa other than PBS Dependent if your spouse gets a Tier 2 sponsored visa or a Spouse Settlement Visa if you marry a British citizen or person holding ILR.

No other visa other than tier 2, will allow you to continue working for your employer other than the two options above.

[gharib2018]

A 'what if' topic is bound to become a '2 pence comment' one with no real value.

If you fail to get ILR after 5 years, you can only stay on Tier 2 for a total period of 6 years. There is no other visa other than PBS Dependent if your spouse gets a Tier 2 sponsored visa or a Spouse Settlement Visa if you marry a British citizen or person holding ILR.

No other visa other than tier 2, will allow you to continue working for your employer other than the two options above.

heheeee... I agree with you.. so what about switching to T1 investor and how much should the person have?

[CR001]

You can't work for your current employer on Tier 1 Entrepreneur or Tier 1 Investor.

Tier 1 Entrepreneur you need £200k
https://www.gov.uk/tier-1-entrepreneur

Tier 1 Investor you need minimum £2m
https://www.gov.uk/tier-1-investor

[gharib2018]

You can't work for your current employer on Tier 1 Entrepreneur or Tier 1 Investor.

Tier 1 Entrepreneur you need £200k
https://www.gov.uk/tier-1-entrepreneur

Tier 1 Investor you need minimum £2m
https://www.gov.uk/tier-1-investor

Tier 1 Entrepreneur requires £K200 in total to run a business or 4 persons each to have £K50, correct?

[CR001]

Tier 1 Entrepreneur requires £K200 in total to run a business or 4 persons each to have £K50, correct?

Not quite.

Sharing investment funds
You can form an ‘entrepreneurial team’ with one other Tier 1 (Entrepreneur) applicant and share the same investment funds.

You and your team member must meet all the application requirements and:

not use the same funds on another application with a different entrepreneurial team
provide all the documents needed for evidence of the funds with your own applications

[gharib2018]

Tier 1 Entrepreneur requires £K200 in total to run a business or 4 persons each to have £K50, correct?

Not quite.

Sharing investment funds
You can form an ‘entrepreneurial team’ with one other Tier 1 (Entrepreneur) applicant and share the same investment funds.

You and your team member must meet all the application requirements and:

not use the same funds on another application with a different entrepreneurial team
provide all the documents needed for evidence of the funds with your own applications

great and prompt response, it's confusing on the GOV website, it's stated as per the following:

You must have access to at least £50,000 investment funds to apply.- in BOLD letters

What does that mean?

[seasky]

Entrepreneur visa= the visa to use when u have no other visa options even if you are not an entrepreneur

[CR001]

Tier 1 Entrepreneur requires £K200 in total to run a business or 4 persons each to have £K50, correct?

Not quite.

Sharing investment funds
You can form an ‘entrepreneurial team’ with one other Tier 1 (Entrepreneur) applicant and share the same investment funds.

You and your team member must meet all the application requirements and:

not use the same funds on another application with a different entrepreneurial team
provide all the documents needed for evidence of the funds with your own applications

great and prompt response, it's confusing on the GOV website, it's stated as per the following:

You must have access to at least £50,000 investment funds to apply.- in BOLD letters

What does that mean?

No. There are two routes, a £50k route which is only available to certain visa holders (Tier 1 G, Tier 1 GE & Tier 1 PSW) and must meet very one of 3 strict requirements in terms of funding. £50k route (click)

Then there is the normal £200k route, which is open to all genuine businessman, which is what I quoted above. £200k route (click)

You need to read all the sections to understand the routes.

You should note that this is not the easiest visa to get and extend. Many face refusals for failing to meet the requirements.

Again, your friend will be unable to work for an employer on this visa, so it won't solve his problem if ILR is refused will it.

[gharib2018]

Tier 1 Entrepreneur requires £K200 in total to run a business or 4 persons each to have £K50, correct?

Not quite.

Sharing investment funds
You can form an ‘entrepreneurial team’ with one other Tier 1 (Entrepreneur) applicant and share the same investment funds.

You and your team member must meet all the application requirements and:

not use the same funds on another application with a different entrepreneurial team
provide all the documents needed for evidence of the funds with your own applications

great and prompt response, it's confusing on the GOV website, it's stated as per the following:

You must have access to at least £50,000 investment funds to apply.- in BOLD letters

What does that mean?

No. There are two routes, a £50k route which is only available to certain visa holders (Tier 1 G, Tier 1 GE & Tier 1 PSW) and must meet very one of 3 strict requirements in terms of funding. £50k route (click)

Then there is the normal £200k route, which is open to all genuine businessman, which is what I quoted above. £200k route (click)

You need to read all the sections to understand the routes.

You should note that this is not the easiest visa to get and extend. Many face refusals for failing to meet the requirements.
Please advise what would be an easier visa to get and live here? one lawyer suggest that his wife to get a visa and he become a dependant! not sure of this too..

Again, your friend will be unable to work for an employer on this visa, so it won't solve his problem if ILR is refused will it.

[seasky]

Or just marry a BC

[CR001]

Or just marry a BC

The 'friend' is apparently already married, spouse presumably on a dependent visa!!

[CR001]

Please advise what would be an easier visa to get and live here? one lawyer suggest that his wife to get a visa and he become a dependant! not sure of this too..

If the spouse gets a Tier 2 General visa and sponsorship, your 'friend' can switch to PBS Dependent visa, which will reset the ILR clock to zero.

[Obie]

Hello... (What if?)

Your T2 visa (5 years ILR) was refused for any reason (being away from UK more than the allowed days, etc.), is there any possible way to extend/ renew the visa for a third time knowing that his/ her services still required by his/ her employer!

Is there anything or any resolution a person can do in such situation?

Is there any children in this relationship and how old are they?

[gharib2018]

Hello... (What if?)

Your T2 visa (5 years ILR) was refused for any reason (being away from UK more than the allowed days, etc.), is there any possible way to extend/ renew the visa for a third time knowing that his/ her services still required by his/ her employer!

Is there anything or any resolution a person can do in such situation?

Is there any children in this relationship and how old are they?

my friend got a boy who recently graduated from uni and start working in England, he is 22yrs dependant on his dad!

[gharib2018]

Or just marry a BC

The 'friend' is apparently already married, spouse presumably on a dependent visa!!

Even if he could have a second wife, do you think it's that easy to get a BC wife??

[gharib2018]

Please advise what would be an easier visa to get and live here? one lawyer suggest that his wife to get a visa and he become a dependant! not sure of this too..

If the spouse gets a Tier 2 General visa and sponsorship, your 'friend' can switch to PBS Dependent visa, which will reset the ILR clock to zero.

You sure this will reset his ILR to square 'ZERO'??

[CR001]

Please advise what would be an easier visa to get and live here? one lawyer suggest that his wife to get a visa and he become a dependant! not sure of this too..

If the spouse gets a Tier 2 General visa and sponsorship, your 'friend' can switch to PBS Dependent visa, which will reset the ILR clock to zero.

You sure this will reset his ILR to square 'ZERO'??

Yes, for ILR based on 5 years residence. He cannot combine Tier 2 main visa holder time with PBS Dependent time to make up 5 years residence for ILR.

For ILR based on 10 years residence it is NOT reset to zero.

[gharib2018]

Please advise what would be an easier visa to get and live here? one lawyer suggest that his wife to get a visa and he become a dependant! not sure of this too..

If the spouse gets a Tier 2 General visa and sponsorship, your 'friend' can switch to PBS Dependent visa, which will reset the ILR clock to zero.

You sure this will reset his ILR to square 'ZERO'??

Yes, for ILR based on 5 years residence. He cannot combine Tier 2 main visa holder time with PBS Dependent time to make up 5 years residence for ILR.

For ILR based on 10 years residence it is NOT reset to zero.

So, it a dead end for him
What about getting another T2 from different employer?

[CR001]

So, it a dead end for him
What about getting another T2 from different employer?

He can only hold Tier 2 General for 6 years, regardless of how many times he changes employers.

He could get another 6 years allowance on tier 2 general if he switches to PBS Dependent for 12 months and then applies for sponsorship Tier 2 General meeting all the requirements again from home country.

[gharib2018]

So, it a dead end for him
What about getting another T2 from different employer?

He can only hold Tier 2 General for 6 years, regardless of how many times he changes employers.
He told me that his T2 is about to expire on Jan 2019, but he wants to apply now for the ILR 5yrs!

He could get another 6 years allowance on tier 2 general if he switches to PBS Dependent for 12 months and then applies for sponsorship Tier 2 General meeting all the requirements again from home country.

, would you please elaborate about this option? not very clear for us!

[CR001]

So, it a dead end for him
What about getting another T2 from different employer?

He can only hold Tier 2 General for 6 years, regardless of how many times he changes employers.
He told me that his T2 is about to expire on Jan 2019, but he wants to apply now for the ILR 5yrs!

He could get another 6 years allowance on tier 2 general if he switches to PBS Dependent for 12 months and then applies for sponsorship Tier 2 General meeting all the requirements again from home country.

, would you please elaborate about this option? not very clear for us!

If he applies to be a Tier 2 DEPENDENT, he would then need to wait 12 months (cooling off period) on the dependent visa, before he can apply again as a Tier 2 General main visa holder, which will be a NEW 6 year period on Tier 2 General, provided he meets all the requirements at that point to get a Tier 2 General visa again.

All based on rules as they currently stand.

[gharib2018]

So, it a dead end for him
What about getting another T2 from different employer?

He can only hold Tier 2 General for 6 years, regardless of how many times he changes employers.
He told me that his T2 is about to expire on Jan 2019, but he wants to apply now for the ILR 5yrs!

He could get another 6 years allowance on tier 2 general if he switches to PBS Dependent for 12 months and then applies for sponsorship Tier 2 General meeting all the requirements again from home country.

, would you please elaborate about this option? not very clear for us!

If he applies to be a Tier 2 DEPENDENT, he would then need to wait 12 months (cooling off period) on the dependent visa, before he can apply again as a Tier 2 General main visa holder, which will be a NEW 6 year period on Tier 2 General, provided he meets all the requirements at that point to get a Tier 2 General visa again.

All based on rules as they currently stand.

Thank you for the clarification, but this will not be counted or accumulated to his previous T2 residency, correct? and if this is the case, he will have to start from scratch!

[CR001]

Thank you for the clarification, but this will not be counted or accumulated to his previous T2 residency, correct? and if this is the case, he will have to start from scratch!

Switching to Tier 2 dependent, resets the clock to zero and a new 5 year residence for ILR. Then switching to Tier 2 main visa resets the clock again to another new 5 year residency for ILR or 6 years allowed on Tier 2 General.

All visa categories count toward ILR based on 10 years long residence.

[gharib2018]

Thank you for the clarification, but this will not be counted or accumulated to his previous T2 residency, correct? and if this is the case, he will have to start from scratch!

Switching to Tier 2 dependent, resets the clock to zero and a new 5 year residence for ILR. Then switching to Tier 2 main visa resets the clock again to another new 5 year residency for ILR or 6 years allowed on Tier 2 General.

All visa categories count toward ILR based on 10 years long residence.

Thank you for the clarification, this is not a good news for him at all