TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED 27th Nov 2017 - Need guidance

[BK14]

Marcnath/Zimba,

Morning, please note I am engaging FLRO (FP) application to buy some time. Few questions below:

1. I understand it depends on HO whether they allow that or not?
2. Will I receive the fee back for FLRO FP if I apply for Tier 1 Extension say about 15 - 30 days down the road if FLRO FP has been accepted say for 1 month?
3.Will my 3C period breaks if I have been granted FLRO FP and later I apply for TIER 1 extension?
4.I have removed myself from Payroll but I believe I can stay as director.

Regards
BK

[marcnath]

Marcnath/Zimba,

Morning, please note I am engaging FLRO (FP) application to buy some time. Few questions below:

1. I understand it depends on HO whether they allow that or not?
2. Will I receive the fee back for FLRO FP if I apply for Tier 1 Extension say about 15 - 30 days down the road if FLRO FP has been accepted say for 1 month?
3.Will my 3C period breaks if I have been granted FLRO FP and later I apply for TIER 1 extension?
4.I have removed myself from Payroll but I believe I can stay as director.

Regards
BK

1. You can make whatever application you want. And it is up to HO to accept or reject it. Is there any basis for you to apply based on family ?
2. Yes, you can vary the application and you will only have to pay one fee if a decision is not made by the time of varying
3. Your 3C has now broken and it will not be restored. However, the overstay period will be ignored if you are successful in your next application.
4. Yes

[BK14]

Marcnath,

Thank you as always, few questions below:

1. So when the 3c is broken and if I apply for an extension and if that has been granted the 10 year period will not be counted hence I need to complete 5 years on TIER 1 and then I can apply for ILR?

[BK14]

Marcnath,

Answering your question with regards to family, well my daughter is in full-time education and I have a Business in place which is running smoothly as of now plus my investment within the business, the commercial lease I have the rental agreements and other commitments therefore I need bit of a time to find out a VC firm who will assist and in real and only then I can apply for an extension.

Also, if I switch my category to TIER 2 when can I apply for ILR, I landed in the UK back in Jan 17 2010.

[marcnath]

Once your application is successful - whether it is extension or FRL(FP), any overstay period will be ignored for your ILR. So, you can apply for 10 yr LR in 2020 or 5 year ILR somewhere in 2019, I guess. Whether you are in T1E or T2, you can apply for your 5 year ILR when you completer 5 years from the grant of your T1E visa

[BK14]

Marcnath,

Thank you, you have been a great help.

[BK14]

Marcnath,

I have another question below:

Can I apply for a fresh application using a new venture capital firm as opposed to extension application by changing the firm because the first one dissolved?

So, if I do not want to apply for an extension and instead make a FRESH APPLICATION using a VENTURE CAPITAL funding with £50,000 funds will this be acceptable?

[marcnath]

Marcnath,

I have another question below:

Can I apply for a fresh application using a new venture capital firm as opposed to extension application by changing the firm because the first one dissolved?

So, if I do not want to apply for an extension and instead make a FRESH APPLICATION using a VENTURE CAPITAL funding with £50,000 funds will this be acceptable?

I can't see any reason why not.

As I have said, there seems to be no link between what was approved at the initial application and what you do at the extension.

By the way, in the latest changes in Jan 2018, they further tightened up the VC evidence requirements.

Under the revised rules, you need to provide the evidence EVEN IF the funds were shown to be available in January.

So, if you do find a VC, then you need to submit all the documents.

[BK14]

Marcnath,

Thank you, well that is why I am currently on hold for now with FLRO(FP) I know this application only vary the time but still I am legal within UK. I am now currently looking for a credible VC firm who can actually invest since I am in the middle of buying another franchise so if I can find a new VC I am sure they'll be able to provide what is required.

[BK14]

Marcnath,

Just wanted to know if I can put up a fresh TIER 1 Entrepreneur application within UK, just a little background, extension refused, AR refused and currently applied as FLRO (FP). I will add a note that because the VC firm collapsed and I had issues, therefore, submitting a fresh application.

Last but not least, if fresh TIER 1 Application has been approved will a 10 year period be counted? Fresh means not an extension in fact a new application with a VC funding.

[marcnath]

Marcnath,

Just wanted to know if I can put up a fresh TIER 1 Entrepreneur application within UK, just a little background, extension refused, AR refused and currently applied as FLRO (FP). I will add a note that because the VC firm collapsed and I had issues, therefore, submitting a fresh application.

Last but not least, if fresh TIER 1 Application has been approved will a 10 year period be counted? Fresh means not an extension in fact a new application with a VC funding.

I don't think you can within 12 months.

Clause 37 says:
37. Available points are shown in Table 5 for extension applications for applicants who have entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, or have had such leave in the 12 months immediately before the date of application.

That seems to indicate that if you had a T1E visa 12 months before another application, you should meet the criteria under Table 5, which are the extension criteria.

Even if you were allowed to do that, the 10 year continuous stay would be broken.

[zimba]

Marcnath,

Thank you, well that is why I am currently on hold for now with FLRO(FP) I know this application only vary the time but still I am legal within UK. I am now currently looking for a credible VC firm who can actually invest since I am in the middle of buying another franchise so if I can find a new VC I am sure they'll be able to provide what is required.

You are an overstayer and can only vary FLR, so you are NOT lawfully present in the UK. Upon refusal for FLR, you cannot make any other application within the UK.

[BK14]

Marcnath/Zimba,

Thank you for your valued feedback, as you must have noticed I am currently in FLRO FP application and the HO has only sent a BIO letter for my daughter and has also refunded fee of £300. I am not sure why I have not received Bio letters for myself and my partner, any idea?

Also, as Zimba mentioned earlier while on FLRO FP I cannot submit any application within UK is that true? since I have spoken to my solicitor and he has confirmed that I can submit a fresh application while my FLRO FP is pending decision so I can technically submit a Fresh Application and withdraw from FLRO FP.

I also have another question which relates to my previous issue, since my visa was rejected as I was unable to submit a relevant set of documents with my TIER 1 extension especially the investment part because I totally missed reading the Policy Guidance in every detail, the VC firm collapsed so I invested my own funds bearing in mind I switched from Student to Tier 1 Entrepreneur.

If I submit a fresh application for extension explaining the situation why I invested the funds of my own since I did not have a choice as my initial application was granted based on £50k funding. I understand this will totally depend on the caseworker how he looks at the case but I just wanted to know if I can reapply for extension or even a fresh application for TIER 1 once again explaining as to why I took this route and what the issue behind it.

I currently own 2 Businesses and both have in total 5 full time employee's.

[zimba]

You can only vary the current application to a Tier 1E extension. You cannot withdraw and submit a new one as you have been overstaying for more than 14 days. Such an application will be refused automatically

[BK14]

Zimba,

Thank you for your feedback, so technically I can apply for a TIER 1 extension application within the UK and once I will do that HO will automatically cancel my FLRO FP and work on my extension, is this what you are trying to say?

[zimba]

Zimba,

Thank you for your feedback, so technically I can apply for a TIER 1 extension application within the UK and once I will do that HO will automatically cancel my FLRO FP and work on my extension, is this what you are trying to say?

Something like that You must VARY the previous FLR to Tier 1E extension and explain it in a cover letter

[BK14]

Zimba,

Thank you as always for your valued feedback, so by law, I can submit an extension application within the UK and with a covering letter describing my situation etc, so once they receive this I believe they'll cancel my FLRO FP and start working on the extension application.

I actually wanted to make sure that this is permitted by law, and if that is the case I will put forward a fresh extension application for TIER 1 Entrepreneur describing them what has happened although I have fulfilled all other requirements for extension apart from this VC issue which was not my fault still I invested my own funds and created 2 businesses.

[marcnath]

Zimba,

Thank you as always for your valued feedback, so by law, I can submit an extension application within the UK and with a covering letter describing my situation etc, so once they receive this I believe they'll cancel my FLRO FP and start working on the extension application.

I actually wanted to make sure that this is permitted by law, and if that is the case I will put forward a fresh extension application for TIER 1 Entrepreneur describing them what has happened although I have fulfilled all other requirements for extension apart from this VC issue which was not my fault still I invested my own funds and created 2 businesses.

As Zimba has confirmed at least twice - you can vary your FLR application to T1E extension. Yes, if HO accepts the variation (no reason why they wouldn't unless it is invalid) the will process the T1E and not FLR.
Having said that, unfortunately for you, the collapse of the VC is not a valid reason for reconsideration as the 50K route was based on it being a VC funding. Otherwise, you would have been on a 200K route. And the fact that you did not contact them and get an exemption or variation when the VC funding was no longer available does not help your case. You can and should definitely try, but I rate the chances quite low.

[BK14]

Marcnath,

Thank you for your response, I fully understand the situation and indeed as per rule I should have informed them but what is done has now been done although the chances are very low I still wanted to try since I have honestly and truthfully started the Business from scratch though I missed the chance to notify Home Office of the change in my circumstances.

I wanted to ask one more question if what you said is the case for i.e. they refused the TIER 1 extension application will I then get another 14 days to counter in Admin Review, although they will stand for it because that is a fact as per the rules so if Tier 1 Extension fails, Admin review fails can I still get back in FLRO FP.

Problem is I can not return for now since the whole Business stands on my shoulders otherwise I could have opt for the option to return and reapply using the 200k route but for now that is out the question.

What are you thoughts?

[marcnath]

Marcnath,

Thank you for your response, I fully understand the situation and indeed as per rule I should have informed them but what is done has now been done although the chances are very low I still wanted to try since I have honestly and truthfully started the Business from scratch though I missed the chance to notify Home Office of the change in my circumstances.

I wanted to ask one more question if what you said is the case for i.e. they refused the TIER 1 extension application will I then get another 14 days to counter in Admin Review, although they will stand for it because that is a fact as per the rules so if Tier 1 Extension fails, Admin review fails can I still get back in FLRO FP.

Problem is I can not return for now since the whole Business stands on my shoulders otherwise I could have opt for the option to return and reapply using the 200k route but for now that is out the question.

What are you thoughts?

If this application is refused (whether T1 or FLR) you will get an AR chance. But if that is rejected, you will no longer be able to make a fresh application as you have been an overstayer since the first rejection.

[BK14]

Marcnath,

Ok, understood so this means you can not jump one more time with in 14 days to another FLRO FP application?

[marcnath]

Marcnath,

Ok, understood so this means you can not jump one more time with in 14 days to another FLRO FP application?

No, if you could, people would just keep applying one application after the other.

[BK14]

Marcnath,

So if the TIER 1 Extension fails and so does the AR so what would an applicant do?

[marcnath]

Marcnath,

So if the TIER 1 Extension fails and so does the AR so what would an applicant do?

Unfortunately at the point when you have had two attempts refused, you have no limited options other than leaving the country.
You can go for judicial review claiming that there is no requirement in the immigration rules that entry on VC route means that the investment has to be from VC. Also that changes in the rules after you were granted visa should not be retrospective. It is expensive but there may be some chances. You need to talk to a Solicitor and maybe even use the arguments in the application now

[BK14]

Marcnath,

I have spoken to the solicitor, he confirms that the only possible solution left to my misery is to reapply as FRESH TIER 1 application with another VC firm. I do not know how will HO entertain this particular application.