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Tier 1 Ent. to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Basel_AH
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Posts: 30
Joined: Thu Oct 10, 2013 8:42 pm
Jordan

Tier 1 Ent. to ILR

Post by Basel_AH » Fri Oct 13, 2017 12:36 pm

Hello all,

Thanks to everyone who had been posting and answering on this forum. It's a life saver!

I recently got my Tier 1 Entrepreneur Ext and I want to prepare for applying for settlement. I entered the route in December 2013 (50k). I have these following questions:

1) My previous Tier 1 visa expired in December 2016, I applied then but got rejected in January 2017 due to missing documents. So I applied again with the right papers and got the extension in June 2017. My question here is: Is the time I spent waiting for my application after the rejection counted in the 5 years? An in can I apply in November 2018 (28 days before I hit 5 years) or I should wait until June 2019 to apply?

2) Since I entered the route before the 6 April 2014 transitional agreement, can I employ 1 worker for 16 months and another for 8 months after extension? The only scenarios mentioned in the guide are: 1 worker for 24 months; 1 worker for 6 months & 1 for 18 months; 4 workers for 6 months each. So I'm wondering if these are the only acceptable scenarios or that the total should just add up to 24 months regardless of how many employees I have and number of months they work?

3) I have two children (under 18), do I have to apply for them for settlement along with me and my wife or I can just register them for a passport once we get the ILR?

4) I already saw posts about this but just to confirm again, there is no premium service for ILR under Tier 1, right?

Thanks again, would appreciate your input!

Basel

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Tier 1 Ent. to ILR

Post by zimba » Fri Oct 13, 2017 10:15 pm

1) My previous Tier 1 visa expired in December 2016, I applied then but got rejected in January 2017 due to missing documents. So I applied again with the right papers and got the extension in June 2017. My question here is: Is the time I spent waiting for my application after the rejection counted in the 5 years? An in can I apply in November 2018 (28 days before I hit 5 years) or I should wait until June 2019 to apply?
Yes. The period of overstaying will be disregarded
2) Since I entered the route before the 6 April 2014 transitional agreement, can I employ 1 worker for 16 months and another for 8 months after extension? The only scenarios mentioned in the guide are: 1 worker for 24 months; 1 worker for 6 months & 1 for 18 months; 4 workers for 6 months each. So I'm wondering if these are the only acceptable scenarios or that the total should just add up to 24 months regardless of how many employees I have and number of months they work?
You simply need to create 24 months of full time employment. Those are just some of the examples in the guide.
3) I have two children (under 18), do I have to apply for them for settlement along with me and my wife or I can just register them for a passport once we get the ILR?
Are they born in the UK ?
If not you must all apply for ILR together.
4) I already saw posts about this but just to confirm again, there is no premium service for ILR under Tier 1, right?
Correct
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

omercheema619
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Posts: 23
Joined: Sun Jan 31, 2016 7:57 pm

Re: Tier 1 Ent. to ILR

Post by omercheema619 » Thu Dec 21, 2017 11:15 pm

Hi Zimba

Just a follow on that, I have pretty same situation as Basel. I am on T1 Ext and going to apply for ILR in March, my both children are UK born however they are T1 dependants. Question is do I have to apply their ILR visa or can i just apply naturalization once we have got our ILR?

Kind regards
M

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CR001
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Re: Tier 1 Ent. to ILR

Post by CR001 » Fri Dec 22, 2017 9:28 am

omercheema619 wrote:
Thu Dec 21, 2017 11:15 pm
Hi Zimba

Just a follow on that, I have pretty same situation as Basel. I am on T1 Ext and going to apply for ILR in March, my both children are UK born however they are T1 dependants. Question is do I have to apply their ILR visa or can i just apply naturalization once we have got our ILR?

Kind regards
M
No you do not have to apply for ILR for your UK born children if you plan on Registering them as British. Also please kindly start your own topic. It is considered rude and unfair to tag onto another members topic and creates confusion.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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