Tier 1 extension or FLR FP, which option is better? zimba88

[hina_pirzada]

Can you tell us your Extension date and the date when ur 10 years will be completed.

[mf22]

Can you tell us your Extension date and the date when ur 10 years will be completed.

Extension date 7/3/2017 and 10 years completed by 7/6/2017

[mf22]

If your wife and children have only been in the UK for 2 years and are from your home country, a FLR(FP) partner route application stands little chance of being approved. You don't qualify for FLR(FP) parent route as you aren't living separately from the mother of your children.

Thanks for reply, I don't take decision on flr fp, I put this application and miss 1st bio and drag 2nd to the last date, the purpose of this application to gain time and then vary to set LR, I think flr fp applications takes bit longer then tier 1 extension.
What's your kind opinion on this? Plz

[CR001]

If your wife and children have only been in the UK for 2 years and are from your home country, a FLR(FP) partner route application stands little chance of being approved. You don't qualify for FLR(FP) parent route as you aren't living separately from the mother of your children.

Thanks for reply, I don't take decision on flr fp, I put this application and miss 1st bio and drag 2nd to the last date, the purpose of this application to gain time and then vary to set LR, I think flr fp applications takes bit longer then tier 1 extension.
What's your kind opinion on this? Plz

No, you are mistaken. FLR(FP) applications that have no compelling reasons are refused very quickly. HO is now fully aware of migrants who do not qualify, using this route just to 'buy time' to reach 10 LR.

[FSD]

I agree with senior members and you should apply for T1 ext as normal. wrong decision can be harmful as you are very close to Ilr so prepare fully for T1 ext and do be afraid of business in loss. If you business is genuine then you do not need to worry even in loss for all years because not all businesses can be successful. You can apply close to your visa expiry dates and submit BPR close to the last dates but do not miss it. i think you will get time to apply for Ilr as HO normally take longer than eight week time.

[Jazz2007]

Hi

You have to concentrate on providing all required docs as per guide and then you can follow up for ILR as members suggested.

One of my friend interviewed for 1.5 hrs to explain his 3 years actvity in business when he applied for ILR 10 yrs basis.

[mf22]

Hi

You have to concentrate on providing all required docs as per guide and then you can follow up for ILR as members suggested.

One of my friend interviewed for 1.5 hrs to explain his 3 years actvity in business when he applied for ILR 10 yrs basis.

Thanks for reply, so u think that 2 months is not a problem? Means decision will not come in 2 months? Plz reply

[mf22]

You should apply for extension, 3 months is not long enough for an investigation by HO. As you see today on forum, it has taken HO a whole year to refuse an applicant on similar grounds. Apply for extension then vary to SET(LR) ,that is the best option in my opinion

thanks zimba88 for reply,
i need only 2 months bcz 28 days are regardless, if they decide early and refuse me then whats option i have?
3c will continue after refusal ?
as far as my knowledge if someone vary after refusal, 3c will inactive day before variation date and 3c is necessary for 10 years long residency route,

https://www.gov.uk/government/uploads/s ... ave_v7.pdf
plz read page 5 and page 17 example 1
and need your opinion on this

[zimba]

Section 3C will continue after refusal and throughout the AR process until it is concluded.
Also there is no such thing as "vary after refusal". You can vary an application only when such application is still pending to be decided. If you are rejected, then you must apply for a fresh application as there is NO pending application to vary.

You say you need two months and everyone here says it is almost impossible for your to be refused that quickly, given that there is NO easy ground for refusal as you are eligible to extend.
But lets imagine worst case scenario and you are refused after a month !! Then you get 14 days to apply for AR and then AR will take around a month. That will be enough time on section 3C for you to be eligible to apply under SET(LR). This should be almost impossible but here you go !

[Kerim90]

Hi all respected members, please help me in this matter:
Q 1: 3 months short in my 10 years, less 28 days i need 2 months so whats option is better for me? will i go for tier 1 extension or flr fp? because i have very limited business activity, my company unable to gain business, but i have completed all other extension requirements, ie 2 jobs, 57k investment etc etc,
so please guide me in this situation, i thankful to everyone

I believe businesses do not have to be in profit for an extension. You can still apply for an extension as you have invested 57k and have 2 jobs.

[mf22]

Section 3C will continue after refusal and throughout the AR process until it is concluded.
Also there is no such thing as "vary after refusal". You can vary an application only when such application is still pending to be decided. If you are rejected, then you must apply for a fresh application as there is NO pending application to vary.

thanks for kind response, but in 3c guidance ;
https://www.gov.uk/government/uploads/s ... ave_v7.pdf
it says on page 5
( Pending Administrative Review
Section 3C leave continues during any period when:
• an administrative review could be sought
• the administrative review is pending ie it has not be determined
• no new application for leave to remain has been made )
according to last line, if anyone makes new application, 3c will stop/inactive

and on page 17 it says
( Example 1
(the person makes an in time application for leave which is refused on 20 April and
gives rise to a right to administrative review. A variation of the initial application (a
fresh application) is submitted on 30 April. Section 3C leave comes to an end on 29
April, the day before the fresh application is made. The person does not have section
3C leave while the fresh application is being decided.)

it says very clear that 3c will inactive if anyone make fresh application during AR time.
BUT i need your opinion on this, because i am very confused and afraid, so plz guide me

[zimba]

That is correct and your problem is ??? when your 10 year is almost up, you can submit a valid application for ILR within 28 days.
Obviously if you are on section 3C at that moment, your section 3C will be terminated when you apply for a FRESH application but what is the issue ???
That will not affect your ILR application. Your ILR application still will be valid, you just have no section 3C any more.

APPLY for extension -> extension PENDING -> extension REFUSED -> Section 3C starts -> AR -> FRESH ILR APPLICATION -> Section 3C ends -> ILR pending

AGAIN, this is based on an assumption that you will refused. If you are not refused and you manage to VARY your UNDECIDED extension to ILR, your section 3C continues until ILR is decided.

APPLY for extension -> extension PENDING -> VARY to ILR -> Section 3C continues -> ILR pending

[mf22]

That is correct and your problem is ??? when your 10 year is almost up, you can submit a valid application for ILR within 28 days.

if not up and refused before that time, then whats option will i have?

Obviously if you are on section 3C at that moment, your section 3C will be terminated when you apply for a FRESH application but what is the issue ???
the issue is if 3c terminated then problem at ILR application, bcz 3c continuation must need at 10 years LR, if 3c breaks then 10 years application will refused on the basis that i dont have 3c at the time of application, please explain on this!!!

That will not affect your ILR application. Your ILR application still will be valid, you just have no section 3C any more.
if i don't have 3c at the time of 10 years long residency application, still is the chance to approve 10 years LR application?
please guide me bcz i am in serious tension because i have only few days left to apply.


AGAIN, this is based on an assumption that you will refused. If you are not refused and you manage to VARY your UNDECIDED extension to ILR, your section 3C continues until ILR is decided.

APPLY for extension -> extension PENDING -> VARY to ILR -> Section 3C continues -> ILR pending

thanks for kind reply,

[mf22]

That is correct and your problem is ??? when your 10 year is almost up, you can submit a valid application for ILR within 28 days.
Obviously if you are on section 3C at that moment, your section 3C will be terminated when you apply for a FRESH application but what is the issue ???
That will not affect your ILR application. Your ILR application still will be valid, you just have no section 3C any more.

APPLY for extension -> extension PENDING -> extension REFUSED -> Section 3C starts -> AR -> FRESH ILR APPLICATION -> Section 3C ends -> ILR pending

AGAIN, this is based on an assumption that you will refused. If you are not refused and you manage to VARY your UNDECIDED extension to ILR, your section 3C continues until ILR is decided.

APPLY for extension -> extension PENDING -> VARY to ILR -> Section 3C continues -> ILR pending

if not up and refused before that time, then whats option will i have?
the issue is if 3c terminated then problem at ILR application, bcz 3c continuation must need at 10 years LR, if 3c breaks then 10 years application will refused on the basis that i dont have 3c at the time of application, please explain on this!!!
if i don't have 3c at the time of 10 years long residency application, still is the chance to approve 10 years LR application?
please guide me bcz i am in serious tension because i have only few days left to apply.
please

[zimba]

I don't know what you are on about. You don't seem to understand what is going on and keep repeating yourself. I already covered your WORST case but you are still going on about how you could be refused in like 5 days and everything will be destroyed and all that stuff
I showed you above and I am quoting again here, that you will be fully covered by section 3c until you file your ILR even in your WORST case scenario:

.... But lets imagine worst case scenario and you are refused after a month !! Then you get 14 days to apply for AR and then AR will take around a month. That will be enough time on section 3C for you to be eligible to apply under SET(LR). This should be almost impossible but here you go !

[Meesha]

Hi mf22,
If you carefully go through extension timeline on this forum, hardly anyone got approval in less than 3 months. Most of the people got refusal in 8 months or beyond. If you secure all points for your extension and u genuinely have only 2 months short to 10 years, u dont need to worry at all.
However i think if u genuinely has not carried out activities related to entrepreneur visa; how will u prove ur stay was legal for those 3 years while u hold entrepreneur visa?
FLR(FP) will surely be rejected quicker than your extension application and this will be more negative for u.
If its only creditability of the business u are concerned about, HO will challange it only after thorough research, interview etc which surely will take longer than 2 months. However if u have not invested which is not the case, or did not create jobs which also is not the case, then u can expect rejection quickly (even in this case they can reject only after biometrics so lets say u paid by cheque (7-10 days to clear fee+ missed one biometric (4 weeks) if rejected after a week of biometric, AR 14 days, AR rejection time (mostly a month) another 14 days and u qualify for ILR (LR).

[mf22]

I don't know what you are on about. You don't seem to understand what is going on and keep repeating yourself. I already covered your WORST case but you are still going on about how you could be refused in like 5 days and everything will be destroyed and all that stuff
I showed you above and I am quoting again here, that you will be fully covered by section 3c until you file your ILR even in your WORST case scenario:

.... But lets imagine worst case scenario and you are refused after a month !! Then you get 14 days to apply for AR and then AR will take around a month. That will be enough time on section 3C for you to be eligible to apply under SET(LR). This should be almost impossible but here you go !

Thanks for your fabulous guidance , I am quite relax now after your guidance, please continue this kind of favour for everyone in the life, God bless you, you are great individual really

[zimba]

Good Now relax and prepare the extension

[mf22]

Good Now relax and prepare the extension

hi zimba, i need one more opinion from you,
A solicitor suggest me that i can put set LR application two months early , caseworker consider date of decision on that set LR application, he said if your 10 years completed on the day of decision then HO gives you ILR, is this right? bcz he said to me that u are only two months short and set LR applications takes long time and u can get on that threshold easily,
so whats your opinion on this matter? plz reply me kindly

[mf22]

Hi mf22,
If you carefully go through extension timeline on this forum, hardly anyone got approval in less than 3 months. Most of the people got refusal in 8 months or beyond. If you secure all points for your extension and u genuinely have only 2 months short to 10 years, u dont need to worry at all.
However i think if u genuinely has not carried out activities related to entrepreneur visa; how will u prove ur stay was legal for those 3 years while u hold entrepreneur visa?
FLR(FP) will surely be rejected quicker than your extension application and this will be more negative for u.
If its only creditability of the business u are concerned about, HO will challange it only after thorough research, interview etc which surely will take longer than 2 months. However if u have not invested which is not the case, or did not create jobs which also is not the case, then u can expect rejection quickly (even in this case they can reject only after biometrics so lets say u paid by cheque (7-10 days to clear fee+ missed one biometric (4 weeks) if rejected after a week of biometric, AR 14 days, AR rejection time (mostly a month) another 14 days and u qualify for ILR (LR).

thanks for detailed response, i do agree with you now, one thing more i need discuss with you:
a solicitor suggest me that i put 10 years LR application straightaway, bcz HO consider date of decision on this kind of applications, he said if i completed 10 years on the day of decision then HO giges you ILR, whats your opinion on this? please reply me thanks

[zimba]

You never know when your application will be considered. They might briefly look at your application to start the checks and realise very early on that you are ineligible. If they notice this within the first 2 months, the case worker certainly refuses your application

[mf22]

You never know when your application will be considered. They might briefly look at your application to start the checks and realise very early on that you are ineligible. If they notice this within the first 2 months, the case worker certainly refuses your application

Thanks sir, but if caseworker start things after two months then what's chances? Had you heard any early set LR application submission?
Plz share your opinion sir

[CR001]

The majority of ILR applications based on long residence, where the applicant has applied too early, have been refused. The form clearly states that you can only apply 'within 28 days of reaching the required 10 years residence', calculated from original date of entry to the UK.

[zimba]

Thanks sir, but if caseworker start things after two months then what's chances?

It depends, if you wish to accept the risk of being refused and lose a lot of money in the process.

[Meesha]

Hi mf22,
That sounds too risky to me.
Plz check with your lawyer, do they always look into your application after u submit biometrics? If this is the case then u can come in 28days to 10 years time frame.
However if they find it after deducing your fee, they will reject it straightaway.
I suggest you to follow Zimba advise
APPLY for extension -> extension PENDING -> VARY to ILR -> Section 3C continues -> ILR pending
This is stress free procedure indeed.