Advice on Tier 1 (Ent) Extension

[szt]

Dear Experts,


Just to give you my brief immigration history.

I applied for Tier 1 Entrepreneur (Initial application) in January 2014 , before that I was on PSW.

Started / trading an IT application development company since january'2014.

in April 2014 I got an interview from HO and specifically asked about £50.000 funds, I showed them on my own account in back home, but my application was refused in November '2014 on 2 points.
1. saying why did not I bring them in here in UK if it was in my account.
2. and market research ( they counted computer repair shops ( HO) instead software application companies in my area and which is differed, what I mentioned in Business plan).

I went to Tribunal, submitted fresh Bank statements ( 50k ) again and my appeal was allowed on August'2015, and received BRP and other documents in November '2015. my extension is due on November'2018.

I have some questions for you, please be kind enough to respond,

1. For the investment , I have spend my own money to set up this company and other expenses before I opened business account, after that I was getting paid by invoices for work and spending this money for expenses , taxes and salaries for employees.
to full fill the visa requirement, I have now transferred 50k again from my personal account to Business,
my question is do I need to spend all this money to full fill HO rules ?

2. How many employees do I need to show ? will I fall on pre - or post transitional arrangements ?

3. I will be eligible for ILR (10 years ) in Jan '2019, do I need to provide all the Tier 1 (Entre) documents to apply

Thank you very much,

[marcnath]

Dear Experts,


Just to give you my brief immigration history.

I applied for Tier 1 Entrepreneur (Initial application) in January 2014 , before that I was on PSW.

Started / trading an IT application development company since january'2014.

in April 2014 I got an interview from HO and specifically asked about £50.000 funds, I showed them on my own account in back home, but my application was refused in November '2014 on 2 points.
1. saying why did not I bring them in here in UK if it was in my account.
2. and market research ( they counted computer repair shops ( HO) instead software application companies in my area and which is differed, what I mentioned in Business plan).

I went to Tribunal, submitted fresh Bank statements ( 50k ) again and my appeal was allowed on August'2015, and received BRP and other documents in November '2015. my extension is due on November'2018.

I have some questions for you, please be kind enough to respond,

1. For the investment , I have spend my own money to set up this company and other expenses before I opened business account, after that I was getting paid by invoices for work and spending this money for expenses , taxes and salaries for employees.
to full fill the visa requirement, I have now transferred 50k again from my personal account to Business,
my question is do I need to spend all this money to full fill HO rules ?

==> No

2. How many employees do I need to show ? will I fall on pre - or post transitional arrangements ? ==> You would be pre April 2014 and eligible for transitional arrangements for this extension

3. I will be eligible for ILR (10 years ) in Jan '2019, do I need to provide all the Tier 1 (Entre) documents to apply ==> No. Since there is a good chance your extension will not be decided by then, you can vary your application to ILR (LR). Though you don't need to submit any T1E documents with your application, it seems to be common practice that they will ask for it anyway. So, if you are going for premium service, it woud be best to have them with you to provide if asked.

Thank you very much,

[szt]

Thank you Dear marcnath, Much appreciated your kind comments.

So can I show Investment £50 k as DL, right ?

Is it enough to send only Funds Transfer Bank statements From Personal to Business account,

I mean no need to send how we spend ? ( I will send company accounts for 4 years)

In Tier 1 E, Extension Application section 3B,

Do I need to select 2nd Point ( in the form of a Director's Loan .. ) ? and then

in K4 - Select first point ( Yes and then go to Part L right ,

Am sorry for too many questions, just wanted to make sure.

Thank you very much

[marcnath]

Thank you Dear marcnath, Much appreciated your kind comments.

So can I show Investment £50 k as DL, right ? ==> Yes

Is it enough to send only Funds Transfer Bank statements From Personal to Business account, ==> No, you also need to send the DL agreement and Accounts and a few other documents as in guidance

I mean no need to send how we spend ? ( I will send company accounts for 4 years) ==> Yes, no need to show spend

In Tier 1 E, Extension Application section 3B,

Do I need to select 2nd Point ( in the form of a Director's Loan .. ) ? and then ==> Yes

in K4 - Select first point ( Yes and then go to Part L right , ==> No, You only showed the amount in your bank account. Not as investment. So, it is the 3rd point

Am sorry for too many questions, just wanted to make sure.

Thank you very much

[szt]

Thank you very much for your help, god bless you .... !!!

[szt]

Hello Marcnath, Zimba, CR001 and other members,

Please help to answer my below questions,

I did apply for Tier 1E Ext. application for my wife and I in November'18, a decision is still pending. Our biometric enrolment letter was but delayed due to UKVI's mistake. NHS IHS fee issue, they have sent me an email and a letter for IHS top up, email was fine and on the same day I have paid £600 for my wife. But in the letter, they send me someone else 4 set dependent docs to pay the application fee instead of my wife's IHS Fee details. Anyhow, I have returned them back with a cover letter to Sheffield office.

Now I will be eligible to apply ILR LR in 3 weeks’ time (28 days period). I have some questions with respect to that,

1. My all original doc and passports with UKVI is it possible to apply via Sopra Steria super priority service?

2. What will be my dependent's (wife) status, some senior mentioned earlier, my wife needs to apply for FLR M, do I need to vary same time with my ILR LR or can I ask UKVI to hold the decision until my ILR get decided?

3. For ILR LR, no need to pay IHS, right? Will I get a refund on my IHS Fee? If I vary to ILR LR.

Thank you

[zimba]

1. My all original doc and passports with UKVI is it possible to apply via Sopra Steria super priority service?

Yes

2. What will be my dependent's (wife) status, some senior mentioned earlier, my wife needs to apply for FLR M, do I need to vary same time with my ILR LR or can I ask UKVI to hold the decision until my ILR get decided?

You should apply at the same time and separately. It is VERY important to ask UKVI with a covering letter that the FLR(M) application should be held until you are granted ILR

3. For ILR LR, no need to pay IHS, right? Will I get a refund on my IHS Fee? If I vary to ILR LR.

Correct

[szt]

Thank you Zimba, you are so kind as always.

[szt]

Dear Zimba, marcnath and other members,

As you see my previous posts, my Tier1E Extension (Dependent-wife as well ) is pending ), I varied to Set (LR) on 28.01.2019 at Croydon office via super priority office. I wrote a covering letter as you advised me earlier with regards to my Dependent application.

But just now, I received 2 letterers one is acknowledgment - general 8 weeks time Tier 1EE, the other one from Set (LR) caseworker asking in their words " the dependent that is applying with Tier 1 Entrepreneur application is not on the long Residency- ILR Application. I need to know what dependent is wanting to do with their application once you varied your application to ILR .. "

I clearly made a note on covering letter to hold my dependent's application until my ILR gets decided.

I will write a cover letter again, is there something else I need to mention?

can you please make a comment on this ..

Thank you

[CR001]

You cannot 'hold' a PBS Dependent visa if you varied to Set LR. A PBS Extension will be refused if you are granted ILR based on long residence.

Your dependent MUST vary to FLR(M) and meet the English and Financial requirements.

[szt]

Thank you CR001,

The caseworker gave us 10 days to respond, we have 5 more days to apply FLR-M ( letter received today only).

we will try to book an appointment (sopra steria, Super priority service) in next 5 days.

Can i ask him to hold my application too in the meantime, until my wife's Flr-M appointment?

Thank you

[CR001]

Your application can go ahead. Her application is wholly dependent on you getting ILR LR.

[szt]

Thank you ...