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T1E visa extension

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mapreader
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Hong Kong

T1E visa extension

Post by mapreader » Fri Aug 03, 2018 11:08 pm

Hi all, I am new to here and would like to check something, to prepare for my visa extension next year.

We have visa granted Mar2016, and it is valid till Jul2019. (3 years 4 months).

I think we can apply the extension during Mar2019 ~ Jul2019.

And I think if things are ready, it is better to submit the application sooner rather than later.

Just to check, in case the application was rejected unfortunately (say apply in Mar2019, rejected in Apr2019), we still have valid residence status till Jul2019 right? (ie we will not be asked to leave UK shortly after the rejection).

Thanks a lot in advance.

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zimba
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Re: T1E visa extension

Post by zimba » Sat Aug 04, 2018 1:39 am

Yes. Also that if a refusal is followed by AR, you are still protected under Section 3C until that is processed.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: T1E visa extension

Post by mapreader » Sat Aug 04, 2018 10:39 pm

Thanks Zimba for the information.

May I follow up with one more question: if the extension is rejected in Aug2019, and as the previous T1E visa is valid till Jul2019 only, technically the applicant can no longer stay in the UK.

Would there be any "grace period" for the applicant, say he/she can stay further (for necessary arrangement for departure), and must leave the country before end of the grace period?

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marcnath
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Re: T1E visa extension

Post by marcnath » Sat Aug 04, 2018 10:59 pm

mapreader wrote:
Sat Aug 04, 2018 10:39 pm
Thanks Zimba for the information.

May I follow up with one more question: if the extension is rejected in Aug2019, and as the previous T1E visa is valid till Jul2019 only, technically the applicant can no longer stay in the UK.

Would there be any "grace period" for the applicant, say he/she can stay further (for necessary arrangement for departure), and must leave the country before end of the grace period?
First, if you apply in Mar, unless you really make some very serious errors, it is unlikely a refusal will come before July.

The way it works is that your visa is automatically extended once you send in your application (the Section 3C protection Zimba referred to) provided you send in the application before you visa expires.

If your application is refused, you will be given the option to file an Administrative Review (AR) within 14 days. If you do so, your Section 3C protection continues until the AR is decided.

If the AR is also negative, then you become an overstayer. You become subject to deportation but HO gives you 7 days to let them know why you shouldn't be deported (so basically you can negotiate your departure with them). If you make a new application within 14 days of the AR refusal, you can continue to stay here (even if you remain an overstayer) until that is decided. i.e. a new application is a valid reason as to why you should not be deported.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Re: T1E visa extension

Post by zimba » Sun Aug 05, 2018 2:58 pm

I must add (for the sake of the completeness) that section 3C protection will NOT be engaged if the application is refused BEFORE visa expiry. If you get refused before your visa expiry, you will get no valid stay beyond your visa expiry
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mapreader
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Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: T1E visa extension

Post by mapreader » Mon Aug 06, 2018 7:42 am

Thanks Zimba and marcnath for the information.

As we have the whole family settled here with kids, if we must leave due to visa issues, it would for sure not be easy (besides booking a ticket to fly away, much more to arrange here say for housing, education, etc). Therefore just want to know what would be the situation like and have some idea.

Thanks again.

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