Can I delay my extension request by 28 days?

[seasky]

Background: I wish to extend my T1 -ENT visa and have fulfilled all criteria except new job creation. If I can get one more month of employment for my employees I will have fulfilled the two 12 months new jobs category


It seems in the forms you can 'overstay' up 28 days, without need to explain.

Is this a valid strategy to get the extra time I need (I need only two weeks actually)?

QUESTION IN THE FORM:
D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this
application was made?
Yes go to D6 No or not expired go to D7


GUIDANCE IN THE FORM:

D5 ‘Overstaying’ means that you have remained in the UK beyond the latest of:
(a) the time limit attached to your last period of leave
(b) any extended period of leave pending determination of an in-time application and any subsequent
appeal, or
(c) the date that you received a notice confirming that an application was not valid, provided that the
application was submitted before the time limit attached to your last period of leave expired.
If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a
visa.

[Princess of Ammi]

you should not consider it as a valid strategy or a strategy at all !!

you need to meet the criteria of extension at the time of extension I would suggest, take professional advice on that.

if you speak to more than one professionals they come up with different advices you can choose the most suitable to your situation

[seasky]

you should not consider it as a valid strategy or a strategy at all !!

you need to meet the criteria of extension at the time of extension I would suggest, take professional advice on that.

if you speak to more than one professionals they come up with different advices you can choose the most suitable to your situation

I need an extra 14 days (to get another complete month in), without which I fail the criteria. of course this IS NOT ideal. But the question is, will it work?

[samaygrg]

Agreeing with Princess of Ammi. You shouldn't take this risk at this point at all and must seek professional advice asap. There might be few tricky ways that you can try on [such as making invalid application like you missed your signature in some page, this is just an example, pls rely only on professional's advice, that I am not], however, what I reckon is you should apply for extension before your stay get expired.

[saeedusman]

Under the previous rules, can he not IMMIDIATELY employ few more worker to complete the number of hours required? I believe he should add up the part time working hours to make it upto two full time.......

[seasky]

I most certainly looking for good legal counsel. So far I cannot find one that has the experience with this specific issue. Happy for ideas.

I cannot just hire (and will not) fake employees to get to the magic 24 month number. I run a very legitimate technology company. With real and serious investors (it took longer than expected to setup and receive investment capital, much more than the £200K that was the seed capital).

The 28 days (or other ideas) is in my mind fully 'within the rules' (e.g. you are allowed to be late 28 days with no consequences and no explanations-- if I am correct), fake employees is not 'within the rules'

As I said I have enough employees that if I have a 14 day extension, that will complete the month's PAYE and we are fine.

I have succeeded in all the 'intent' of entrepreneurs Visa, I came to the UK and setup a company with new ground-breaking technology, have large investment, won a large government funding competition due to this technology (received government grant!, quite large in fact), this is what the UK wants to happen from such visa. It took a bit too long (partly as this is quite advanced technology, I did not open a restaurant, not that there is anything wrong with that) to be fully compliant, that is all, but the intent is fulfilled.

I also have some strong support from senior UK officials, who would easily write letter of support (again because I am doing something special to the UK economy) but not sure UKBA cares

It would be a shame that I have to leave UK, will have to setup HQ outside UK and commute often to the UK (as a business person not a resident/paying salary maker)

[attahaas]

@Seasky

From your above message, I really admire your passion and efforts put in by you to develop your business. Just a word of appreciation and acknowledgement from one techie (not-IT) to another.

Get all those letters of support, whatever you can from those UK officials or anyone else in the UK with high profiles. You never know what wonders they might do (I believe they do).

I sent you a PM. Thanks.