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Indefinite Visa after 10 year query

Posted: Fri Dec 29, 2017 12:20 am
by Akhan14
Hello everyone. My extension for tier 1 was approved in april 2017 ans my current visa is till april 2019.
However my 10 years in uk are completing in june 2018 And i want to apply for indefinite through legacy rule.

Recently i have ordered my last 10 year work history from hmrc and spotted a possible issue with one of my previous employment.

I received enterpreneur visa in april 2014 from student visa through 200k category.

Issue is my employent end date is oct 2014 and between april and october there is an income of £1900.

Now i want to know would that be a problem when homeoffice look into my previous 10 year employment history as working for someone else is not alloewd after tier 1 entrepreneur visa.

Thank you

Re: Indefinite Visa after 10 year query

Posted: Fri Dec 29, 2017 1:51 am
by bizman
That will definitely be a problem as you have broken the rule. You are to work for your own business only and not take up employment with another business. However it will be wise for you to just go with the T1E timeline ending April 19 and dont bring up work issue at all.

Re: Indefinite Visa after 10 year query

Posted: Fri Dec 29, 2017 7:13 am
by marcnath
You could have a problem whichever route you take. Maybe T1E ILR is slightly less risky but it is difficult to say what checks HO will do.
Do you have any explanation for the April to Oct salaries - were you actually working for someone else in that period ?

Re: Indefinite Visa after 10 year query

Posted: Fri Dec 29, 2017 11:59 am
by zimba
Your ILR application could fall for general grounds for refusal as you were in breach of the immigration rules

Re: Indefinite Visa after 10 year query

Posted: Fri Dec 29, 2017 12:35 pm
by Akhan14
I will try and ask my employer if they can do an early year adjustment in their accounts or change my leaving date to end of april as i received my visa card in may as it was posted to a solicitor address from where i got few of my documents attested but never used them as my solicitors.

Does homeoffice offer premium service for tier 1 extension to ilr? And do i still need to employ two employees for two year extension period?

Regards and thanks for ur reply guys

Re: Indefinite Visa after 10 year query

Posted: Sat Dec 30, 2017 12:57 am
by zimba
Akhan14 wrote:
Fri Dec 29, 2017 12:35 pm
I will try and ask my employer if they can do an early year adjustment in their accounts or change my leaving date to end of april as i received my visa card in may as it was posted to a solicitor address from where i got few of my documents attested but never used them as my solicitors.
That is fraud
Does homeoffice offer premium service for tier 1 extension to ilr? And do i still need to employ two employees for two year extension period?
There is no premium service. You need to create or maintain two full time positions for ILR

Re: Indefinite Visa after 10 year query

Posted: Sun Dec 31, 2017 12:59 am
by Akhan14
marcnath wrote:
Fri Dec 29, 2017 7:13 am
You could have a problem whichever route you take. Maybe T1E ILR is slightly less risky but it is difficult to say what checks HO will do.
Do you have any explanation for the April to Oct salaries - were you actually working for someone else in that period ?
I actually worked till end of april but for some reason the company put leaving date in oct, before i got my visa i had been working with the same company for 4 years. But before i received my brp card i had stopped working for them.
Also the company stopped trading end of 2015, don’t know how to get around it.
But as they say where there is a will there is a way.

I wouldn’t bring it up with them but just need to be prepared if they pick it up if i don’t get it sorted.

In terms of business i’ve invested the required sum and been running a profitable business contributing to the economy and also got extension sorted on its basis so hopefully should not be a problem going for ILR through t1 route.

Re: Indefinite Visa after 10 year query

Posted: Sun Dec 31, 2017 8:44 am
by marcnath
Akhan14 wrote:
Sun Dec 31, 2017 12:59 am
marcnath wrote:
Fri Dec 29, 2017 7:13 am
You could have a problem whichever route you take. Maybe T1E ILR is slightly less risky but it is difficult to say what checks HO will do.
Do you have any explanation for the April to Oct salaries - were you actually working for someone else in that period ?
I actually worked till end of april but for some reason the company put leaving date in oct, before i got my visa i had been working with the same company for 4 years. But before i received my brp card i had stopped working for them.
Also the company stopped trading end of 2015, don’t know how to get around it.
But as they say where there is a will there is a way.
I wouldn’t bring it up with them but just need to be prepared if they pick it up if i don’t get it sorted.

In terms of business i’ve invested the required sum and been running a profitable business contributing to the economy and also got extension sorted on its basis so hopefully should not be a problem going for ILR through t1 route.
Just make sure you collect as much of the evidence as you have - payment dates, any payslips, P45 and so on to show that you stopped working in April. It seems relatively small so hopefully things go well. It does not matter which route you take, so you may just as well go for the 10 year ILR