Tier 1 Entrepreneur Extension. (outside country) [Approved]

[helpmehelpall]

Hi Folks,

Very interesting case & congrats dear

How about your dependents?

In case someone applies extension from outside UK then what happens to their dependents living in UK? Do they also have to quit UK and comeback with principal applicant or they can continue living in UK though it is expected that their stay may become illegal in case of delay in decision by HO for principal applicant from outside UK

How can we solve this situation considering above scenario ??

Thanks

Dear Marcnath Appreciate Your Kind Expert Advise

Thanks

[helpmehelpall]

Hi Folks,

Very interesting case & congrats dear

How about your dependents?

In case someone applies extension from outside UK then what happens to their dependents living in UK? Do they also have to quit UK and comeback with principal applicant or they can continue living in UK though it is expected that their stay may become illegal in case of delay in decision by HO for principal applicant from outside UK

How can we solve this situation considering above scenario ??

Thanks

Hi Usmana5, would you please share about your dependents as how did they receive their extension

My other query is from Marcnath CRR and Zimba that is it mandatory to apply the extension for dependents at the same time or else

Can one apply extension from outside Uk and then after grant of extension to main applicant one can apply extension for dependents separately from UK

Appreciate help from all experts at this great forum

Thanking you all in anticipation

[marcnath]

Hi Folks,

Very interesting case & congrats dear

How about your dependents?

In case someone applies extension from outside UK then what happens to their dependents living in UK? Do they also have to quit UK and comeback with principal applicant or they can continue living in UK though it is expected that their stay may become illegal in case of delay in decision by HO for principal applicant from outside UK

How can we solve this situation considering above scenario ??

Thanks

Hi Usmana5, would you please share about your dependents as how did they receive their extension

My other query is from Marcnath CRR and Zimba that is it mandatory to apply the extension for dependents at the same time or else

Can one apply extension from outside Uk and then after grant of extension to main applicant one can apply extension for dependents separately from UK

Appreciate help from all experts at this great forum

Thanking you all in anticipation

Yes, you should be able to apply for your extension outside and then have the dependants apply for their extension separately.

This is assuming that your dependant's visa has not expired while waiting for your visa extension.

If they become overstayers for more than 14 days, then the only option would be to leave the country and apply from outside for a new entry clearance.

[Usmana5]

@marcnath & @Zimba88

Hey again. As in the previous debate we were having was that when I was granted Tier 1 Entrepreneur (200k) Extension out of the country I was given 3 years & 4 months BRP which I collected from local post office upon my arrival in the UK. I did then later sent back my BRP for correction and they did sent me a new BRP with a corrected timeline of 1 year & 8 months ( 2 years basically but adjusted as I sent it after 4 months of my arrival ). Although they didn't change the "Leave to Remain" it still has "Leave to Enter" for obvious reasons as I entered the country again. Hopefully this proves It was Extension according to attributes & criteria, this makes me eligible for ILR on a 5 year route.

My question is will my 5 year continuous qualifying period be completed upon my date of initial Tier 1 visa issue on passport or when I entered the United kingdom? I heard you can apply on the visa issue date as long as it doesn't exceed 3 months of your arrival after visa issued. If Yes, Can I apply 28 days before my visa was issued?

Tier 1(initial) Entre Visa Issued : 27th June 2014
Arrival in the country : 4th August 2014

Can I apply for ILR on 1st June 2019? (28 days before).

[marcnath]

@marcnath & @Zimba88

Hey again. As in the previous debate we were having was that when I was granted Tier 1 Entrepreneur (200k) Extension out of the country I was given 3 years & 4 months BRP which I collected from local post office upon my arrival in the UK. I did then later sent back my BRP for correction and they did sent me a new BRP with a corrected timeline of 1 year & 8 months ( 2 years basically but adjusted as I sent it after 4 months of my arrival ). Although they didn't change the "Leave to Remain" it still has "Leave to Enter" for obvious reasons as I entered the country again. Hopefully this proves It was Extension according to attributes & criteria, this makes me eligible for ILR on a 5 year route.

My question is will my 5 year continuous qualifying period be completed upon my date of initial Tier 1 visa issue on passport or when I entered the United kingdom? I heard you can apply on the visa issue date as long as it doesn't exceed 3 months of your arrival after visa issued. If Yes, Can I apply 28 days before my visa was issued?

Tier 1(initial) Entre Visa Issued : 27th June 2014
Arrival in the country : 4th August 2014

Can I apply for ILR on 1st June 2019? (28 days before).

Yes, it has to be leave to enter.

And it did not matter whether it was extension or new visa - ILR just needs 5 years of continuous leave on T1E visa.

But I was now double checking the definition of continuous stay. And I have a small doubt if withdrawal and application within 14 days will count towards that. The immigration rules specifically caters for application within 14 days after expiry of the visa or refusal of the visa. However, it does not specify what happens when you withdraw.

The 14 day exclusion has the condition attached to it - "there was a good reason beyond the control of the applicant or their representative why the application could not be made in time". Which again is tough to provide when you voluntarily withdraw.

Don't want to start worrying you as we are not sure how HO will handle this since the withdrawal situation is not explicitly covered in the rules. However, it is worth being mentally prepared for it in case of any refusal.

But, other than the caveat above, you should be able to apply on 1st June 2019.

[Usmana5]

Thank you @marcnath for replying to my little complicated case. Feels like I'm just dragging myself towards the finish line. Now after you have told me about this 14 days policy doesn't include the withdrawing voluntairly made me little concerned but I'm pretty confident that if you apply within 14 days you aren't considered as overstayed and you are accepted as in time application (what the lawyer mentioned but not all lawyers are right) , along with this I have valid reason that my grand mother passed away but right after when I had withdrawn my case as the doctors had given up hope and I was going back to see her. I think this is also the reason I was given the extenion in just 6 weeks as I provided them the death certificate when I applied out of the country. Will also provide me a with a legitimate reason if they ask me why I applied out of the country during my ILR application.

Thanks again for when to apply for ILR (1st June 2019).

[marcnath]

Thank you @marcnath for replying to my little complicated case. Feels like I'm just dragging myself towards the finish line. Now after you have told me about this 14 days policy doesn't include the withdrawing voluntairly made me little concerned but I'm pretty confident that if you apply within 14 days you aren't considered as overstayed and you are accepted as in time application (what the lawyer mentioned but not all lawyers are right) , along with this I have valid reason that my grand mother passed away but right after when I had withdrawn my case as the doctors had given up hope and I was going back to see her. I think this is also the reason I was given the extenion in just 6 weeks as I provided them the death certificate when I applied out of the country. Will also provide me a with a legitimate reason if they ask me why I applied out of the country during my ILR application.

Thanks again for when to apply for ILR (1st June 2019).

Just a technical correction.

The highlighted portion above is incorrect.

You haven't overstayed at all. You left the country after withdrawal, so you have not overstayed in the country.

You also have not made an in time application - that is also clear.

The 14 day waiver allows HO to disregard the overstay period and the out of time application, if you had applied from within the country. But this applies to a Leave to Remain application.

However, yours was a Entry Clearance application (as your BRP confirms).

So, basically you have made (and got approved) an Entry Clearance for a T1E extension. That is unusual but technically possible under the immigration rules.

[Usmana5]

I 100% agree to that correction. Now the only answer to this question is when I apply for my ILR in June 2019 and see the outcome, So I can do nothing but wait because it is unclear for out of country extension applications after withdrawing in country. Thanks for the detailed information @ marcnath, will still try to find an answer just to keep me prepared if god forbids it gets refused.

[imme-123]

I 100% agree to that correction. Now the only answer to this question is when I apply for my ILR in June 2019 and see the outcome, So I can do nothing but wait because it is unclear for out of country extension applications after withdrawing in country. Thanks for the detailed information @ marcnath, will still try to find an answer just to keep me prepared if god forbids it gets refused.

I have serious family issues back home and i need to travel. I want to take same approach. Is it possible to discuss it on phone with you (I dont feel ok to write my family problem) here. i will really appreciate your help.

[CR001]

I 100% agree to that correction. Now the only answer to this question is when I apply for my ILR in June 2019 and see the outcome, So I can do nothing but wait because it is unclear for out of country extension applications after withdrawing in country. Thanks for the detailed information @ marcnath, will still try to find an answer just to keep me prepared if god forbids it gets refused.

I have serious family issues back home and i need to travel. I want to take same approach. Is it possible to discuss it on phone with you (I dont feel ok to write my family problem) here. i will really appreciate your help.

Members are not permitted to post personal contact information. Everyone on the forum is a complete stranger and we have many scammers that visit the site daily!!!

[marcnath]

I 100% agree to that correction. Now the only answer to this question is when I apply for my ILR in June 2019 and see the outcome, So I can do nothing but wait because it is unclear for out of country extension applications after withdrawing in country. Thanks for the detailed information @ marcnath, will still try to find an answer just to keep me prepared if god forbids it gets refused.

I have serious family issues back home and i need to travel. I want to take same approach. Is it possible to discuss it on phone with you (I dont feel ok to write my family problem) here. i will really appreciate your help.

Members are not allowed to share private contact information on this forum. (@CR001 beat me to this)

Appreciate the fact that you can't share personal matters here and you shouldn't either.

But for you to get help, the personal matters would not be very important.

You can continue on your own post with any questions you may have.

[imme-123]

Thanks for reply, I need to know
1- Shall i withdraw my application (what i need to tell home office that i will be applying same extension from home country)
2-what is the exact procedure to apply extension from home country as Gov website does not have much info about it.
3-Shall i send same documents which i sent them when i applied extension in March 2017 or do i need to get some extra documents.

[CR001]

Thanks for reply, I need to know
1- Shall i withdraw my application (what i need to tell home office that i will be applying same extension from home country)
2-what is the exact procedure to apply extension from home country as Gov website does not have much info about it.
3-Shall i send same documents which i sent them when i applied extension in March 2017 or do i need to get some extra documents.

Please post your questions in your own topic as you have been asked and a link provided to your topic.