ILR Application " I need to show 12 months employment after Extension"

[uppal]

HI

I am silent member of this group from a long time. I created login previously but i have forget my login details for my previous email address which was linked with xxxxxxxxxx . Can Moderator activate my previous login.
However i have created my new login detail with different email.

My entrepreneur visa extension time line is mention below

Applied for Entrepreneur visa 29 Sep 2017
Biometric done 10 Oct 2017
Complex Letter Received 24 Oct 2017
Chase them from my Personal email address and by telephone Feb 2018
Chase them again through my personal email address 9 May 2018
NHS Refund Received 20 May 2018
Refusal received 31 May 2018

They have some problem with my Payroll and identified some missing documents. Rather than contacting me for the information they refused it straightaway. However I applied again by adding all missing information on 10 Jun 2018.

Biometric done at the end of June.
complex letter received July 2018
Asked for Information for Payroll in start of august 2018
Submit information by the Middle of August 2018.

Again Complex letter received in End of August 2018

Chase them through MP 13 April 2018
Interview email received on 18 April 2018
Interview done on 1 May 2018
Requested Documents send on 9 May 2018

and now still waiting for reply.

Can any one help what other option i have available if Home office delay my reply by 2 Years because they already took 20 Month in my Extension Application. My Entrepreneur Visa Started in Start of October 2014 so in Start of October 5 years of my business visa are completing can i apply for ILR.

[CR001]

The 'moderators' haven't 'deactivated' your previous username. If you forgot your log in details, nothing we can do about it.

uk-tier-1-entrepreneur-visas/investment ... l#p1537397

[marcnath]

HI

I am silent member of this group from a long time. I created login previously but i have forget my login details for my previous email address which was linked with xxxxxxxxxx . Can Moderator activate my previous login.
However i have created my new login detail with different email.

My entrepreneur visa extension time line is mention below

Applied for Entrepreneur visa 29 Sep 2017
Biometric done 10 Oct 2017
Complex Letter Received 24 Oct 2017
Chase them from my Personal email address and by telephone Feb 2018
Chase them again through my personal email address 9 May 2018
NHS Refund Received 20 May 2018
Refusal received 31 May 2018

They have some problem with my Payroll and identified some missing documents. Rather than contacting me for the information they refused it straightaway. However I applied again by adding all missing information on 10 Jun 2018.

Biometric done at the end of June.
complex letter received July 2018
Asked for Information for Payroll in start of august 2018
Submit information by the Middle of August 2018.

Again Complex letter received in End of August 2018

Chase them through MP 13 April 2018
Interview email received on 18 April 2018
Interview done on 1 May 2018
Requested Documents send on 9 May 2018

and now still waiting for reply.

Can any one help what other option i have available if Home office delay my reply by 2 Years because they already took 20 Month in my Extension Application. My Entrepreneur Visa Started in Start of October 2014 so in Start of October 5 years of my business visa are completing can i apply for ILR.

Rather than contacting me for the information .....

The guidance documents are very clear in specifying that you have to provide all documents required. It appears that you are expecting the CW to do the work of reviewing your application instead of you doing it yourself. Just imagine if they have to do this for every application - the backlog will be way more than it is now.

Start of October 5 years of my business visa are completing can i apply for ILR.

Yes, you can vary your current application to ILR in October

[uppal]

Thanks

for Support

Now today on 25 Jun 2019 I have got my entrepreneur extension after 21 months of application which is valid for further two years.

Ca i one guide me how can i submit a new post in this forum i can not see any new post link.

Thanks

[CR001]

Ca i one guide me how can i submit a new post in this forum i can not see any new post link.

Why do you want to start a new post or do you mean 'topic'??

[uppal]

Hi

I Have applied for my Entrepreneur Visa extension in September 2017 which was refused in May 2018 due to some missing documents I applied again within 14 days and got visa after 23 months in Jun 2019.

In October 2019 my 5 years of entrepreneurs visa are completing.

One requirement is confusing me that " I need to show 12 months employment after Extension"

So Can I apply for ILR in October 2019 by using previous 12 month employment status or i need to wait for another 12 months to apply for Entrepreneur Visa.

My employees are working with me since Oct 2015 and Aug 2016.

Please advise can i apply for ILR in October 2019 and is One window route is available to me ?

I will appreciate if senior member of this group reply to this post

Thanks

[marcnath]

Hi

I Have applied for my Entrepreneur Visa extension in September 2017 which was refused in May 2018 due to some missing documents I applied again within 14 days and got visa after 23 months in Jun 2019.

In October 2019 my 5 years of entrepreneurs visa are completing.

One requirement is confusing me that " I need to show 12 months employment after Extension"

So Can I apply for ILR in October 2019 by using previous 12 month employment status or i need to wait for another 12 months to apply for Entrepreneur Visa.

My employees are working with me since Oct 2015 and Aug 2016.

Please advise can i apply for ILR in October 2019 and is One window route is available to me ?

I will appreciate if senior member of this group reply to this post

Thanks

Yes you can.

You need to show employment after extension EXCEPT when your ILR application date is within 12 months of your extension date (which is your case). In this case, you can show employment for the 12 months preceding the application date. So Nov 2018 to Oct 2019 in your case.

[mapreader]

Dear uppal,

Thanks for your post to share the information. I am having my visa extension in progress also. May I check on some understanding?

I can see your first application in Sep2017, second application Jun2018, to Jun2019 before the visa is finally granted.

May I check, during this period (as the original visa expired already), is the residence condition remains unchanged (for examples, NHS entitlement, and right of work for dependant)?

I think the principle is, on visa renewal rejection if the appeal or new application is filed within 28 days, while it is pending processing/decision from UKVI, the residence condition remains unchanged. Would like to confirm the understanding with your real case.

Thanks a lot.

[uppal]

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

[marcnath]

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

That is not correct.

Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.

Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.

[uppal]

Hi Marcnath

Thanks for your reply that "I may apply after 5 year on entrepreneur Route by using previous 12 months payslips".

I have some more questions in my mind

1:- Can I apply by using one day or by any quick service.
2:- Do I need to apply online. If i will apply online how i will send documents to Home office?
3:- Regarding Payroll records on some places guidance is saying you need to show all Payroll records from very first day. so do i Need to provide them all three years record or record from previous 12 months? My one employee started in 2015 and other employee started in 2016.
4:- Similarly on some places guidance saying the you do not need to provide again the Investments documents and on some places it is saying that you need to provide all documents again. So do i need to provide all things again in just after 3 months( as i received my entrepreneur extension in 21 months)?

[CR001]

1:- Can I apply by using one day or by any quick service.

No there is no 'one day' or 'quick service' for Tier 1 Ent ILR. Standard service only.

2:- Do I need to apply online. If i will apply online how i will send documents to Home office?

Yes you apply online, make an appointment for document check and biometrics with UKCVAS Sopra Steria and upload your supporting documents online before your appointment.

[uppal]

hi

WIll My extension period after refusal of my first application will count in 5 years of Entrepreneur ship or they will consider me as overstayer after the refusal of first application

Please advice if anyone of you applied recently:- for this and about related documents which i need to attached(i mention that in my previous post).

Thanks

[marcnath]

hi

WIll My extension period after refusal of my first application will count in 5 years of Entrepreneur ship or they will consider me as overstayer after the refusal of first application

Please advice if anyone of you applied recently:- for this and about related documents which i need to attached(i mention that in my previous post).

Thanks

Since the 2nd application was successful, your overstay is ignored and will be counted as lawful residence for 5 year ILR

[Olampic]

Hello
I had the same situation as our friend (uppal), but in my case after 20 month waiting, the second application also refused, so I had to stop the business and let my employees go because HO put me on bail, but I applied for JR and after 5 month HO accept to Withrow its decision and they grant me my extinction visa for another 2 years, after 25 month painful waiting . After second application I continued to have my employees for 18 months until final refusal. Now it has been 6 years since I came to UK with this VISA. Can I apply for ILR now base on that 18 month employees after second refusal. knowing that stopping my business for the last 5 months was a direct result of HO wrong decision which now sorted?
I will appreciate any advice on this matter.

[bizman]

I think it depends on when you reach the five years required period. If you did meet the five years when you had your employees, I think you should be able to use them. It’s not your fault that they made erroneous decision. I think you can use them.

[marcnath]

Hello
I had the same situation as our friend (uppal), but in my case after 20 month waiting, the second application also refused, so I had to stop the business and let my employees go because HO put me on bail, but I applied for JR and after 5 month HO accept to Withrow its decision and they grant me my extinction visa for another 2 years, after 25 month painful waiting . After second application I continued to have my employees for 18 months until final refusal. Now it has been 6 years since I came to UK with this VISA. Can I apply for ILR now base on that 18 month employees after second refusal. knowing that stopping my business for the last 5 months was a direct result of HO wrong decision which now sorted?
I will appreciate any advice on this matter.

Going by the immigration rules, you need to have employees AFTER the extension was granted. There is no provision in the rules for using the earlier employees.

[uppal]

Hi Olampic

As our scenario are similar

I want to know As you have already completed 5 year of entrepreneurship in waiting for decision. when you applied for your ILR straight away after getting extension or you wait for 1 year to complete wages record.

Actually i am getting mixed opinion from solicitors. Some (few in numbers) of them saying applying straight away for ILR after completing your 5 year and some(which are large in number) saying, wait for one year and then apply for ILR and the solicitor who are saying apply next year some of them using reason that you do not have any visa after refusal of first application and the acceptance of second application which is approximately 13 months.
and some are saying that complete you wages record of 12 months after extension and then apply.

i will appreciate your quick reply

[marcnath]

Hi Olampic

As our scenario are similar

I want to know As you have already completed 5 year of entrepreneurship in waiting for decision. when you applied for your ILR straight away after getting extension or you wait for 1 year to complete wages record.

Actually i am getting mixed opinion from solicitors. Some (few in numbers) of them saying applying straight away for ILR after completing your 5 year and some(which are large in number) saying, wait for one year and then apply for ILR and the solicitor who are saying apply next year some of them using reason that you do not have any visa after refusal of first application and the acceptance of second application which is approximately 13 months.
and some are saying that complete you wages record of 12 months after extension and then apply.

i will appreciate your quick reply

The immigration rules are very clear
1. You can apply for ILR once you complete 5 years and meet the other requirements.
2. Once a second application is approved, all overstay periods are ignored as long as you have applied within 14 days of the refusal.
3. You need to have 2 jobs of 12 months each after extension OR in the 12 months before the date of application (if the date of application is within 12 months of grant of extension).

Any solicitor who says otherwise should be avoided. - they don't know what they are talking about.

[Olampic]

Thanks to marcnath for his nice explanation. So as you said:
1- uppal and I both have been in the Uk with this visa more than 5 years (I am here 6 years)
2- we both have applied for fresh application within 14 days of the refusal
3 – after first refusal for extension I applied for fresh application in Feb 2017 and they refused in OCT 2019 so I have to stop employees by Dec 2019 (means I had Employees for nearly 20 month after fresh application) then stopped business and go For JR, 5 months after that they gave me visa and I start again and continue the business and bring back the employees.
with your explanation Uppal can go straight for ILR right now because he met all the requirements , but I had JR process which caused me to stop business for 5 month, And my solicitor also was not sure if this could affect it and I have to wait for another year or not?
do you have any idea for that?
Thank you

[marcnath]

3:- Regarding Payroll records on some places guidance is saying you need to show all Payroll records from very first day. so do i Need to provide them all three years record or record from previous 12 months? My one employee started in 2015 and other employee started in 2016.

You only need to provide documents for the employment you are claiming, so for the last 12 months.

4:- Similarly on some places guidance saying the you do not need to provide again the Investments documents and on some places it is saying that you need to provide all documents again. So do i need to provide all things again in just after 3 months( as i received my entrepreneur extension in 21 months)?

No, you do not need to provide investment evidence again.

[marcnath]

Thanks to marcnath for his nice explanation. So as you said:
1- uppal and I both have been in the Uk with this visa more than 5 years (I am here 6 years)
2- we both have applied for fresh application within 14 days of the refusal
3 – after first refusal for extension I applied for fresh application in Feb 2017 and they refused in OCT 2019 so I have to stop employees by Dec 2019 (means I had Employees for nearly 20 month after fresh application) then stopped business and go For JR, 5 months after that they gave me visa and I start again and continue the business and bring back the employees.
with your explanation Uppal can go straight for ILR right now because he met all the requirements , but I had JR process which caused me to stop business for 5 month, And my solicitor also was not sure if this could affect it and I have to wait for another year or not?
do you have any idea for that?
Thank you

The JR process has no impact. Since HO approved your second application, which was made with 14 days of 1st refusal, all the overstay period is disregarded.

[mapreader]

Thanks uppal and marcnath for your updates.

I applied for extension in late May2019. The agent said it needs 8-12 weeks so we are now waiting.

Sorry for a late reply. I wonder if I can set to receive notification when there is reply to my post. Now I do not receive any notification so I have missed out the replies.

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

That is not correct.

Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.

Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.

[mapreader]

Dear uppal and marcnath,

I have one more question - for the overstayer situation mentioned, could the applicant's kids (dependant) still go to state school?

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

That is not correct.

Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.

Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.

[uppal]

Hi Olampic

It also look me like that i am fulfilling all the requirements but i do not know why i am getting mixed response from solicitors. Some solicitors are saying do not go for ILR its too early and wait for another year then go for ILR. some are saying its ok and go for it in January 2019 onward.

Solicitors are just confusing me