Tier 1 Ent Team and Ilr Application of one team member

[imi87]

Hi. me and my entrepreneur team member applied for tier 1 Ent extension back in apr 16. we haven't still received any decision from home office yet. now by the mid of November I would be eligible to apply for ilr long residence for which I have already booked premium appointment.

my question is if I change my category and apply for ilr would it have any impact on the other team members current application or is it ok for me to go head and vary my application from tier 1 ent to ilr set (lr)

[zimba]

No impact. Your team member simply shares some of the evidence with you but his/her application remains separate.

[imi87]

@ zimba thanks for ur prompt reply.

my only concern is since we invested 50% each via share capital, so if I change my category home office might reject his application based on the fact that I am no longer part of the entrepreneur team that was initially setup for immigration purposes though technical I would still be his business partner.

[zimba]

No they won't. He should mention you as the team member and they know that he was part of a team

[imi87]

Yes we did mention each other in our tier 1 ent application.

thanks again for ur help.

[MYA]

Hi imi,

I have got one question here regarding your cas , as you said you are going to apply in mid of November on the basis of 10 years long residency, your passports are already with home office for T1 so what you going to say at premium service desk either you are going to withdraw your T1 application ??? Or they will link your ole application with the outcome of the T1 application decision.

Secondly did you mention while booking premium service that your passport is already held by HO.



And what if you withdraw your application for T1 is section 3c still save you by breaking the 10 years long residency???????

I would be great if you or Zimba give the detail answer of it
Regards
MYA

[imi87]

when I was booking my appointment they asked for the following info:

Name
Date of Birth
Nationality
Passport Number
and if I had my passport or copy of the information page on passport with me.

On the day I only have to take supporting documents for my ilr application. the only document that I would provide with my application is life in uk test and completed application form. as all my other documents are already with HO.

on the day they would pull my info on their system which would tell them that I was on tier 1 ent and applied in april. basically they have everything on their system. also one should be prepared to answer any relevant questions related to their past immigration history.

I am not expecting same day decision as they might need time to do more checks. however I am still going for my appointment with a solicitor who has experience in dealing with such cases, I cant take any chance as its a bit tricky and nowadays HO is looking for any excuses to not to grant us ilr.

[MYA]

Hi imi
Thanks for your response, I got your point regarding premium service booking appointment question.

But my important question is what will be your reply when they ask you what you want to do with your T1 entrepreneur application as you can't apply for two different status, so whether u want to withdraw your original T1 application as you are applying ILR, so here my point is that if you withdraw your application under T1 so what will be your status from April 2016 till when you got appointment for ILR. If it's not broke your long residency that will be perfect but if they say that as you are withdrawing your T1 application you will not covered by section 3c and this will break your long residency, so please make sure from your lawyer what will be the treatment of the period between April 2016 and the date when you applying for ILR and is this gap break your long residency period or not??? Please let me know what he will say to you as mi situation might turn like yours in 8 months time because HO is taking very long time to made the decision.

And moreover it's common sense that know one can put two application at same time when specially you have one application with HO already and HO did not yet made any decision on ot!!!!!

Will wait for your response and Zimbas response on it as well

Regards
MYA

[zimba]

You do not withdraw your previous application but vary your extension application to ILR application. This will not affect your section 3C.
I think you can book an appointment at the premium service centre and vary it over there however given that your passport/documents will not be there, the decision cannot be made on the same day until they arrive.

[MYA]

Thanks zimba for your quick response, this was the exact word I was looking for "VARY".
I have no example so far about a person who has successfully varied the application but let see the result of Imi's application . I pray for imi to get his ILR application successful and please imi let me and this forum know about varying your T1 entrepreneur application to ILR application .

Best of luck and fingers crossed.

Thanks zimba

[rana1984]

You do not withdraw your previous application but vary your extension application to ILR application. This will not affect your section 3C.
I think you can book an appointment at the premium service centre and vary it over there however given that your passport/documents will not be there, the decision cannot be made on the same day until they arrive.

Hi Zimba & other senior members,

I am new on this forum and my question is that if he/she will go to premium service for ILR and will vary the application which most prob there wouldn't be any issues but what if he/she has any dependents application is pending with ENT Extension. How HO will treat their application;

1) Does he/she book another appointment on the same day for premium service with them? If yes then on what basis because he/she hasn't permitted ILR yet.
2) Or will it not effect on their application because my understanding is that dependents are connected with main applicant and If the person is varying his/her application the previous application will automatically finish.

I do apologies if my question doesn't make any sense but i will appreciate if you/others answer my questions.

Regards

[zimba]

Dependants will be able to vary their applications too pending the decision on the main applicant. I suggest you guys to post your general ILR related queries in the ILR forums instead to get more accurate response

[MYA]

Thanks rana

Your question does make sense and it's very excellent question from dependant point of view.
Let's see what other senior members like Zimba say about this situation.

According to my understanding they will assume that dependant case is withdrawn and main applicant has to sacrifice on it but there is another solution that they have to fill the form FLR M and same day submitt the form FLRM for dependant and tell at the premium desk that dependant application(s) are being "varied" to FLRM as dependant of ILR person same day.
Or reapply for dependants after obtaining ILR with in 28 days period.

This is the solution that comes in my mind in case if there is any dependant(s) involved with T1 application.

[rana1984]

Dependants will be able to vary their applications too pending the decision on the main applicant. I suggest you guys to post your general ILR related queries in the ILR forums instead to get more accurate response

Hi zimba,

That was just a question actually i am preparing myself for an extension of Ent Tier 1 due next month.
I have a question to ask that do i need to submit personal bank statement aswell to show transactions into my business or just business statements would be sufficient?
I am director of my limited company.

Please guide me.

Regards

[zimba]

Just the business statements showing the transaction came from you

[imi87]

@ Zimba I have spoken to few solicitors and they say that if I go for my ilr then it would have implications on the other team member's current application.

I am totally confused some say it would have implication and some say my case is different from his.

is there a way to find a definitive answer. I think checking with home office is useless as it depends on the person you are talking to.

[zimba]

@ Zimba I have spoken to few solicitors and they say that if I go for my ilr then it would have implications on the other team member's current application.

I am totally confused some say it would have implication and some say my case is different from his.

is there a way to find a definitive answer. I think checking with home office is useless as it depends on the person you are talking to.

No it has no implications. Your application is separate and as your team member, you are allowed to share investment/jobs evidence with them.