Varying Tier1 entrepreneur extension to ILR

[legalkhan]

Dear Forum members and Moderators,

I would bother you once again to have your views on the issue I am facing right now, I have applied entrepreneur extension a few days back but will also be illegible to vary this extension to ILR(Long Residency)with in next few days. I had also have a dependent(wife) included in my Ent extension application, the question here is if I go for the extension get varied to ILR in next few days what should I do with my wife application?(She came to this country in 2016) as the long residency application only allow the applicant and no dependent. Whats my options?? One option is to withdraw her extension and send her back to home country, the other option is to apply FLR(FP) until I get ILR and then vary that to Spouse visa.

Please do contribute your views on this matter.

I will really appreciate your help.

Thanks.

[iworker]

if she has done english test, then u can vary her application to flrm and add covering letter to put her application on hold till your application is decided.

[legalkhan]

Thank you iworker for your reply. If it is possible when should I do it?? the same day I vary mine one!!! By the day I qualify we would have only 5 months payslips. is it ok if we only submit 5 month payslips(requirement is 6 months). What about the fees I believe the flr(m) fees is less then Entrepreneur dependent ext fees. What should I do with that??

Please reply if possible.

[Casa]

Why as your wife's sponsor do you only have 5 months payslips?

[legalkhan]

Thanks Casa for your reply
Actually being an entrepreneur I also fall victim to the hoax that a director can't take wages out of the company otherwise it would be considered as withdrawal out of the business. On advise of accountant and few solicitors I stopped taking salary and started using up my savings until June 2016 when again I assigned myself some monthly salary that would come up to 5 months by end of October, the same goes with my wife. I believe you would have understood my situation now.

Do u have any advise for us ??

Thanks

[legalkhan]

Is there any one here to advise now????

What would be the best option in my case??

[Meesha]

Hi legalkhan,
Sorry to bother you for this.
How are u varying your application? What is the procedure? do u send change of application notice to home office and pay the difference of application fee? I am in simmilar situation to you. But in my case my husband is completing 10 years during my extension application. We are wondering if we wait for my extension application decision and then apply for his ILR? Can u please help?

cheers

Dear Forum members and Moderators,

I would bother you once again to have your views on the issue I am facing right now, I have applied entrepreneur extension a few days back but will also be illegible to vary this extension to ILR(Long Residency)with in next few days. I had also have a dependent(wife) included in my Ent extension application, the question here is if I go for the extension get varied to ILR in next few days what should I do with my wife application?(She came to this country in 2016) as the long residency application only allow the applicant and no dependent. Whats my options?? One option is to withdraw her extension and send her back to home country, the other option is to apply FLR(FP) until I get ILR and then vary that to Spouse visa.

Please do contribute your views on this matter.

I will really appreciate your help.

Thanks.

[paru.org]

when u do ur set lr, u do flr fp 4 ur wife and when u get 6 months slips then again u vary her from fp to lfr fm, so u have to make 2 applications for her, or
other option u sent flr m and send cover letter that u will b e sending 1 month payslip soon in the mean time u do her biometrics etc, u will get that slip and then u can send that 6 months slips too


1st option is safer in my view though u have to 2 pay for 2 applications, but u will get refund.

senior or gurus plz correct me if m wrong,, thx

Is there any one here to advise now????

What would be the best option in my case??

[legalkhan]

Thanks Paru.org,
I think the 1st option is the best, I might go for that one.

@Meesha,
Normally you pay fee for each application (initial and varied) and then get refund for the initial one. But few people in the forum have just paid the difference by cheque. I most probably will pay the difference with a covering latter explaining every thing .ie IHS fees ref.
But still would suggest you to ask for legal advice before variation.

[Obie]

FLR(FP) is unlikely to succeed without a child who is settled or a British Citizen.

FLR(M) cannot succeed without a full take year return from business or an average of 2 tax years.

Her FLR(M) can be put on hold pending your ILR.

Her Dependent visa is likely to be refused if you move to long residence.

[paru.org]

dear obie

ur right,
but he don't allow those applications to process, he will be varying during or just after biometrics , in the mean time he will get last payslip for her wife, as he need last 1 month payslip, and he needs to cover the gap,as his visa expiring ,,and he has only 5 months of slips

thx.

FLR(FP) is unlikely to succeed without a child who is settled or a British Citizen.

FLR(M) cannot succeed without a full take year return from business or an average of 2 tax years.

Her FLR(M) can be put on hold pending your ILR.

Her Dependent visa is likely to be refused if you move to long residence.

[legalkhan]

FLR(FP) is unlikely to succeed without a child who is settled or a British Citizen.

FLR(M) cannot succeed without a full take year return from business or an average of 2 tax years.

Her FLR(M) can be put on hold pending your ILR.

Her Dependent visa is likely to be refused if you move to long residence.

Thanks Obie for your response.
Do you think in my current situation it would be waste of time and money to apply either way FLR(FP) or FLR(M)??? Could you please give me a reference where this is the case?? You mean She has to wait for one whole year until she could be considered for FLR(m) route when I will provide my 1 year payslips from self employment plus one years payslips from her employment. Please explain a little bit more and do I have any other option???

[legalkhan]

Dear moderators and Forum members,

Is there no body to throw some light on the situation I am right now????

I do expect some one from the forum to come forward and give me some advise.

Please do reply.

[paru.org]

dear Forum members and Moderators, speciallly CR001, vinny, obie

m varying my application from tier1 ent to set lr,
how do i pay the fees difference, on payment page i have to tick amount ,
a16; circle amout to be paid: £1875 but m paying difference only which is £672, so do i circle £1875 or cross that and change to £672,
2)m paying by card, wld u reckon best payment method??
3) my representatitive suggesting me to pay full amount of £1875 and then request for refund of previously paid £1203, after approval , plz suggest what is best option?
many thx,
===========
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016:

Dear Forum members and Moderators,

I would bother you once again to have your views on the issue I am facing right now, I have applied entrepreneur extension a few days back but will also be illegible to vary this extension to ILR(Long Residency)with in next few days. I had also have a dependent(wife) included in my Ent extension application, the question here is if I go for the extension get varied to ILR in next few days what should I do with my wife application?(She came to this country in 2016) as the long residency application only allow the applicant and no dependent. Whats my options?? One option is to withdraw her extension and send her back to home country, the other option is to apply FLR(FP) until I get ILR and then vary that to Spouse visa.

Please do contribute your views on this matter.

I will really appreciate your help.

Thanks.

[legalkhan]

Thank you so much Paru.org,
You are very helpful indeed with plenty of knowledge. I really appreciate your help. I wish you best of luck in life.

Thanks.

[avi]

Hi Paru.org,

Just checking did you pay the difference or the entire fee? and has your application been decided ?

Cheers