T1E extension just 2 months to LR ILR

[Nzekells]

Experienced brethren and sistren', pls weigh in on this.

I came to the UK on 28 Dec 2006 thus will qualify for ILR via Long Residence on 1 Dec 2016. I also have a dependant wife. Currently on Tier 1 Entrepreneur visa expiring on 22/09/16, I have run a business which would come to have invested close to the required £50,000 by the extension period in Sept 2016. However, it is very likely I would not have been able to have made the requisite employment by then. Thus I am entertaining the idea of making an in-time application, and waiting out the two months to LR app, no matter the outcome?

Questions are:

1. As it is likely they'd refuse the T1E ext. application, are they likely to give me a right to Admin Review or Appeal? How long if any, are they likely to take?
2. I assume on hitting the deadline, I can just send in an Long Residence ILR application. This should nullify my existing AR or Appeal, right?
3. Does #2 above nullify my wife's AR or Appeal as well? If yes, that means I should file in another application for her simultaneously with my LR app. What then should she apply for/on? FLR(m)?
4. Is there a better way to buy more time as I only need 2 months from the end of my current visa to apply for LR ILR?
5. Though not the focus now, I have read Sushdmehta, Obie, Amber and other eminent members talk about a time reset on FLR(m). Does she have to wait for 5 years before applying for ILR?

Thank you very much, my friends. Pls weigh in, no matter how trivial.

[10020132]

To buy more time
The strategy is send your documents at last minute. You can submit application within 28 days of expory of your current visa. So say you send application after 20 days. Now you need 40 more days. Once you have sent application, they will send you biometric letter in 5-7 days. Another week wasted
Then they will give you 2 weeks to do biometrics. Dont submit your biometrics at post office. Another 2 weeks wasted. Then they will send you a letter of reminder to do biometrics within 2 weeks otherwise they will refuse application. Do it on the 13th day. Another two weeks wasted. By this time you would be at your ILR date

[Legal83]

It will not going to work, to qualify for long residency, they have to live here for 10 years legally, but you were on tier1 ent visa, and you didn't qualify for extension due to employment issue or any other issue, it means you didn't fullfilled visa requirement and the chances are, ukba will consider your time on tier1 visa unlaw full. which will break your long residency.

You have 1 more year, why not try another business and try your best. Read the guidence properly and follow it to full fill your visa requirement.

[legalkhan]

@Nzekells
I am agree some what with 10020132 but totally disagree with legal83, T1E and long residency are totally different categories. Not meeting a visa condition and being illigal are again completely different things. If due to some reason u couldn't employee people it doesn't mean ur status during that time is illegal, thats only for T1E extension purpose and nothing to do with ILR. And plzzzz apply for extension on the last day of your visa expiry not after 20 days of its expiry. Acknowledgement latter to arrive will take from 4 to 7 days. Then within 2 days of acknowledgement u will get biometric invitation. Here just do as 10020132 says.
If I am not wrong u can apply for ILR 28 days before u actually hit 10 years but only when u have valid visa at the time. In your case your stay will automatically be extended by section 3C and I believe here u can vary ur application to ILR. Please anybody correct me if I am wrong.

[nasiaziz]

hi
your 10 years long residency starts from the date your first visa is valid from not when you entered the uk.
so you can apply 28 days before the start date of your first visa. incase you didnt come on start date of your visa.
thanks

[CR001]

hi
your 10 years long residency starts from the date your first visa is valid from not when you entered the uk.
so you can apply 28 days before the start date of your first visa. incase you didnt come on start date of your visa.
thanks

Please don't give incorrect advice. For ILR based on 10 years long residency, it is calculated from the date of ENTRY to the UK and NOT the date of visa start date.

[Legal83]

I totally agreed with you all (according to guidence) but its in your condition of stay (visa), you must fullfill all the requirement, for extension purpose. I am only 8 days short from my 10 years ILR but I seeked advice from professional solicitors not 1 or 2 more then 3.

they charged me even £30 to £60, and what they said to me, its up to case worker discretion, he might refused your application because the last 3 years, you didn't qualify.

I am not a guru or expert person, but if you look at ukba guidence or look at website they making it more and more strict day by day. better to be on safe side.

[legalkhan]

@legal83
I respect your opinion, please don't take solicitor's words for everything, they are here to put us in confusion and make money out of our pockets. Like you said " be on safe side" I would strongly recommend that as well. But a business can genuinely make a serious loss that could put a company in a state where it might lose the affordability to employee somebody for next few years and wouldn't be able to meet this condition in this case, I believe at the time of extension the director of this company would not get extension as it was one of the condition that had to be met. Discretion is exercised when somebody apply out of the immigration process but 10 year long residency is some thing that has already been included in the immigration law and the case worker has to follow some rules set out in the law i.e. completion of 10 year, no criminal record and ties with the country. Similarly varying an application is also allowed in the same immigration law and not up to the case worker discretion. You are only 8 days short, there shouldn't be any problem to you at all but you have to apply for the T1E extension the way same way as Nzekells would. My point is that circumstances do change in real world and H.O knows that.

[nasiaziz]

hi
your 10 years long residency starts from the date your first visa is valid from not when you entered the uk.
so you can apply 28 days before the start date of your first visa. incase you didnt come on start date of your visa.
thanks

Please don't give incorrect advice. For ILR based on 10 years long residency, it is calculated from the date of ENTRY to the UK and NOT the date of visa start date.

here is the link read it carefully
https://www.gov.uk/long-residence/eligibility

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

[legalkhan]

@nasiaziz

I think you are miss-interpreting the 2nd statement that you are referencing to:

"when you were given permission to stay in the UK", it says "Stay" not entry, means when you are already in U.K and get your status legalize by some mean i.e. discretion, then your 10 year clock starts from the day you get the visa while already in U.K.

[CR001]

@nasiaziz

I think you are miss-interpreting the 2nd statement that you are referencing to:

"when you were given permission to stay in the UK", it says "Stay" not entry, means when you are already in U.K and get your status legalize by some mean i.e. discretion, then your 10 year clock starts from the day you get the visa while already in U.K.

Yes, thank you legalkhan, your interpretation is correct.

[paru.org]

Experienced brethren and sistren', pls weigh in on this.

I came to the UK on 28 Dec 2006 thus will qualify for ILR via Long Residence on 1 Dec 2016. I also have a dependant wife. Currently on Tier 1 Entrepreneur visa expiring on 22/09/16, I have run a business which would come to have invested close to the required £50,000 by the extension period in Sept 2016. However, it is very likely I would not have been able to have made the requisite employment by then. Thus I am entertaining the idea of making an in-time application, and waiting out the two months to LR app, no matter the outcome?

Questions are:

1. As it is likely they'd refuse the T1E ext. application, are they likely to give me a right to Admin Review or Appeal? How long if any, are they likely to take?
2. I assume on hitting the deadline, I can just send in an Long Residence ILR application. This should nullify my existing AR or Appeal, right?
3. Does #2 above nullify my wife's AR or Appeal as well? If yes, that means I should file in another application for her simultaneously with my LR app. What then should she apply for/on? FLR(m)?
4. Is there a better way to buy more time as I only need 2 months from the end of my current visa to apply for LR ILR?
5. Though not the focus now, I have read Sushdmehta, Obie, Amber and other eminent members talk about a time reset on FLR(m). Does she have to wait for 5 years before applying for ILR?

Thank you very much, my friends. Pls weigh in, no matter how trivial.

so wat have u decided i am exacly same situation as of u ?/plz update