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SET (LR) 4 moths early application and rights afterwards

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

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JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

SET (LR) 4 moths early application and rights afterwards

Post by JamesBlack » Thu May 19, 2016 3:44 pm

Hi,
Senior Members please help me with this matter as i am applying in 2 weeks time

My current leave Tier Entrepreneur expires June 2016
10 years complete October 2016
If apply 28 days before its September 2016

I am short of 90 days for SET (LR) eligibility.
Apart from normal Entrepreneur Extension application route

In June 2016 Can I apply 4 months before for my SET (LR) via post.

What are possible outcomes
1. very important point for me: If it gets refused/ rejected instantly, do I get chance to apply a fresh application or Entrepreneur Extension?

2. Or will it be end of the road?

3. What will happen if SET (LR) application stays pending till September 2016 when I become eligible for 10 years application anyways? will it be successful if meets general grounds of acceptance except applying 4 months earlier

4 Or if I send SET (LR) application along with all the Entrepreneur Extension documents to avoid cost of 3 applications(myself & 2 dependants)?

5. Applying for Tier1 Extension and only if it stays pending for 3 months apply for variation is very obvious but i want to know possibilities in above 4 options plz.

Thanks in advance and please guide.
Many renowned Solicitors have given me different advice.

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CR001
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Re: SET (LR) 4 moths early application and rights afterwards

Post by CR001 » Thu May 19, 2016 3:53 pm

1. If you still have your existing visa, this will continue until expiry. You can then apply for Tier 1 Ent ext.

2. See #1

3. Not sure as your date of application will be substantially before the qualifying time.

4. Ent Extension documents for who, your dependents? They cannot continue on Tier 1 Ent dependents if you apply for ILR based on long residence. They will have to switch to FLR(M), a new 5 year route to ILR (2 x 2.5 year visas).
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.

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: SET (LR) 4 moths early application and rights afterwards

Post by JamesBlack » Thu May 19, 2016 4:08 pm

Thanks for reply.
1. leave expires june so after SETLR early application refusal will have NO. Hence what options? that is the most important question here.
4. apply SET LR along with Tier 1 Extension documentation complete files showing i have fullfilled Tier1 Extension requirement, However, due to the extension cost involve applying SET LR instead to (i) avoid cost (ii) buy more time towards 10 years as i am short of 4 months.
Yes Dependants will be filing SET M and child registration once reached that stage

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: SET (LR) 4 moths early application and rights afterwards

Post by JamesBlack » Thu May 19, 2016 4:09 pm

FLR M correction

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: SET (LR) 4 moths early application and rights afterwards

Post by JamesBlack » Fri May 27, 2016 11:35 am

Any further advice guys.
FLR O fFLR FP etc
June 2016 visa expiring
October 2016 10 years completing

rizarifpk123456
Junior Member
Posts: 58
Joined: Wed Sep 22, 2010 3:12 am

Re: SET (LR) 4 moths early application and rights afterwards

Post by rizarifpk123456 » Tue May 31, 2016 10:37 pm

I am also in same kind of situation too.
T1 E expires on 01/07/2016
10 years 03/10/2016

Can go for extension on T1 E but will refused as failed invest full funds. What would be my options, shall i still go for extension or use any other form to gain time till September on the 28 days rule??

JamesBlack
Junior Member
Posts: 97
Joined: Sat Jul 04, 2015 2:21 pm

Re: SET (LR) 4 moths early application and rights afterwards

Post by JamesBlack » Sat Jun 04, 2016 1:18 pm

you can't send T1 Entrepreneur Ext if haven't made full investment. can't claim points therefore can't send application. FLR O or FP might be an option but no guarantee. ;(

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