Varying Tier 1 Ent. Extn to ILR 10 yrs - same day

[n8net]

Hi Mods,

apologies for repeating myself..this is becasue all of my threads are locked and I am annoyed that I hv to open new as much as u r.

not sure posting on behalf if other is such a crime..my friend is a super-busy business person, and I am knowledge-seeking person with all the time in the world...what is the harm in seeking help in this forum where I had been doing so for 5 years ? please allow me to continue...

here is the case once again, I will really be grateful if someone could answer each of these following queries.

Tier 1 Extension application is made in June 2016 and interviewed in Sept. 2016 and no news since then.
But this march,he is eligible for ILR under 10 yr long residence ( good immigration history).

Now, there is very pressing and urgent need to travel abroad for business and personal reasons and I told him he could make sure of same-day services and vary the Tier 1 to ILR. But, I hv few questions around this.

1) To vary application, is there any specail forms to be filled in ? or is it just the SET (LR) ?

2) Given, he will not hv passport with him , (but he has all his travel dates out of country noted down, so the form can be filled)..how long it has taken in the past for similar applicants ? This info is very important to make a decision as he could alternatively wait for Tier 1 Ent to come though (can try via MP) if SET (LR) is going to take months ?

3) If he varies, I take his Tier will be withdrawn and with his ILR application, will he have section 3c (the intial Tier made in time) . This is just to make sure if anything unexpected happens, he has some legal grounding and do not lose 10 yr cont. period.

any advice in this situationn is highly appreciated.

[n8net]

could someone please nswer me the above pls as I need to book appointement...

what could be thr risks of varying Tier 1 Ent..to ILR 10 yrs..or should we chase up on Tier 1 Extn..

we are happy to do anything that will get us VISA and passport by mid April ..

thanks

[be123+]

Hi Mods,

apologies for repeating myself..this is becasue all of my threads are locked and I am annoyed that I hv to open new as much as u r.

not sure posting on behalf if other is such a crime..my friend is a super-busy business person, and I am knowledge-seeking person with all the time in the world...what is the harm in seeking help in this forum where I had been doing so for 5 years ? please allow me to continue...

here is the case once again, I will really be grateful if someone could answer each of these following queries.

Tier 1 Extension application is made in June 2016 and interviewed in Sept. 2016 and no news since then.
But this march,he is eligible for ILR under 10 yr long residence ( good immigration history).

Now, there is very pressing and urgent need to travel abroad for business and personal reasons and I told him he could make sure of same-day services and vary the Tier 1 to ILR. But, I hv few questions around this.

1) To vary application, is there any specail forms to be filled in ? or is it just the SET (LR) ? Set LR

2) Given, he will not hv passport with him , (but he has all his travel dates out of country noted down, so the form can be filled)..how long it has taken in the past for similar applicants ? This info is very important to make a decision as he could alternatively wait for Tier 1 Ent to come though (can try via MP) if SET (LR) is going to take months ? Not sure how long it will take to the process the application. Application submitted in November 16 and not yet received the outcome. A lot of LR applications would take almost 6 months.

3) If he varies, I take his Tier will be withdrawn and with his ILR application, will he have section 3c (the intial Tier made in time) . This is just to make sure if anything unexpected happens, he has some legal grounding and do not lose 10 yr cont. period. No. 3c will be stopped when new application is submitted. It will be treated as out of application. That means no work is allowed.

any advice in this situationn is highly appreciated.

[Casa]

could someone please nswer me the above pls as I need to book appointement...

what could be thr risks of varying Tier 1 Ent..to ILR 10 yrs..or should we chase up on Tier 1 Extn..

we are happy to do anything that will get us VISA and passport by mid April ..

thanks

You mean your 'busy friend' needs to book an appointment. You' have your passport and are applying for BC

[n8net]

Hi Casa,

not sure I undesratnd u..is that remark meant to be sarcastic or something ?

just to clarify , I have his passport and been tasked with constantly checking for a convenient slot if varying is deeemed to be risk-free and quick turn-around is guaranteed.

could you now answer the queries above pls ? also any idea why I cannot send PM to other users anymore ?

thanks

[Casa]

Hi Casa,

not sure I undesratnd u..is that remark meant to be sarcastic or something ?

just to clarify , I have his passport and been tasked with constantly checking for a convenient slot if varying is deeemed to be risk-free and quick turn-around is guaranteed.

could you now answer the queries above pls ? also any idea why I cannot send PM to other users anymore ?

thanks

Your/your busy friend's constantly changing situation is confusing. If the HO have his passport for his Tier 1 extension, how are you in possession of it?

[n8net]

sorry my bad..I meant to say I hv his "passport details"..I thought u asked "how I am going book appointment without passport"..The passport is obviously with HO as part of Tier 1 Extn.

But, luckily we hv he details to fill the SET LR...such as dates in and out of UK.

But what we are trying to do is, make sure varying the application does not complicate anything...losing section 3c,..ILR same-day service turning into a postal wait due to passport not being available...etc..

hence I need advice from this forum.
a) Is it better to chase Tier 1 (Extn) via MP

b) is it better to vary to SET LR ? has ever the decison taken longer than two weeks ?

c) any way to get the passport to the PEO on the day ?

d) Will super-premium help ?

We want the passport and visa by mid April at any cost and friends immiggration history is very straightforward...

pls help..

[zimba]

a) Is it better to chase Tier 1 (Extn) via MP

You can but MPs generally have no power to expedite an immigration case

b) is it better to vary to SET LR ? has ever the decision taken longer than two weeks ?

It could depending on the complexity of your application

c) any way to get the passport to the PEO on the day ?

Probably not, unless you apply at Sheffield and assuming the documents are there

d) Will super-premium help ?
We want the passport and visa by mid April at any cost and friends immiggration history is very straightforward...

Yes. Try super premium service if you need a very quick decision

[Casa]

If your friend was interviewed in 2016 the application may not be as straightforward as you have been led to believe.

Whatever issues are being assessed following the interview will still be considered if applying under long residence.

[n8net]

Thanks Casa an Zimba,

good point..but, isnt Tier 1, PBS based and ILR are assessed under different rules..? or will one might impact the other ?

also what is the implication for section 3c if we vary ?

will super premium gurantee same day decison ? any known cases ?

thanks...

[CR001]

uk-tier-1-entrepreneur-visas/where-in-t ... l#p1463504

[zimba]

isnt Tier 1, PBS based and ILR are assessed under different rules..? or will one might impact the other ?

Under ILR rules, any time spent on Tier 1E must have been spent lawfully without any breach of the immigration rules.
That means if you failed to invest or register within 6 months or you were not running a genuine business, your are in breach of the immigration rules and you will not be granted ILR on the basis of long residence.

also what is the implication for section 3c if we vary ?

If your application was made in time, your section 3C continues

will super premium gurantee same day decison ? any known cases ?

No guarantee, again this depends on how complex your case is.
Given the 9 months wait, it seems that HO is investigating something

[n8net]

Thanks Zimba for the answers.

Just to confirm, when u said "if the application is made in time" you refered to the intial Tier 1 Extension right ? Yes, it was made in-time, but, if we vary to SET LR, that will be out-of -time as the current leave has already expired 8 months ago...will section 3 c be applicable to SET LR in this context ?

also, if a premium service appointment is made, lets in April 2017, and if Tier 1 Extn is decided in the mean time and in worse case, if it is a rejection, would the SET (LR) application that will be made in April have section 3c ? I beleive now, but as long as it is made within 14 days, the continuous residency will continue ? Please confirm.

Thanks

[zimba]

Just to confirm, when u said "if the application is made in time" you refered to the intial Tier 1 Extension right ? Yes, it was made in-time, but, if we vary to SET LR, that will be out-of -time as the current leave has already expired 8 months ago...will section 3 c be applicable to SET LR in this context ?

Yes, amending an application will not end the section 3C.

also, if a premium service appointment is made, lets in April 2017, and if Tier 1 Extn is decided in the mean time and in worse case, if it is a rejection, would the SET (LR) application that will be made in April have section 3c ? I beleive now, but as long as it is made within 14 days, the continuous residency will continue ? Please confirm.

If extension is decided, you end up with a valid leave so section 3C is not relevant. Any ILR application after that will be an in-time application.
If it gets refused, your section 3C continues for 14 days OR until AR is concluded (if you apply for AR).
However if a new application is made at anytime on section 3C, your section 3C terminates immediately. If such new application ends up being successful, your continuous residency will be untouched.

[n8net]

further, following the request t super-premium asking if we could vary, the answer is as below.

"Unfortunately we can’t accept this case as you would have to withdraw your current case which would me you wouldn’t have any current leave. Once your case has been outcome and you wish to apply for the 10years we do that for you"

shocking to see so muvh grammatical mistakes from someone manning a £10k service..
anyway, what is more astonishing is the content. if theTier 1 Ent. is decided, then also there is no current leave, how then SET (LR) is accepted when it cannot be accepted when trying to vary before the decision ?

am I missing something here ?

[zimba]

You do NOT need to withdraw your application to vary/amend it, however the super premium service might not accept a complex case.

if theTier 1 Ent. is decided, then also there is no current leave, how then SET (LR) is accepted when it cannot be accepted when trying to vary before the decision ?

I am not quite sure you understand anything I said above AT ALL. You can vary a pending application at ANY time or apply for a fresh application if refused within 14 days.

[Leeee704]

Dear Gurus,

I am currently waiting for my Tier 1 Ent Extension for last 4 months now i want to go for premium service via SET (LR) in next 15 days. BUT i am confused about my dependent how can i vary her application.

Shall I go for mine 1st then get an app for her FLR (FP)?

OR

Shall I book 2 appointment on the same day?

Please seniors help!!

[Casa]

Dear Gurus,

I am currently waiting for my Tier 1 Ent Extension for last 4 months now i want to go for premium service via SET (LR) in next 15 days. BUT i am confused about my dependent how can i vary her application.

Shall I go for mine 1st then get an app for her FLR (FP)?

OR

Shall I book 2 appointment on the same day?

Please seniors help!!

You have tagged this onto another member's thread which is not only unfair but also causes confusion. Please open your own topic and post your questions there.

[Leeee704]

You do NOT need to withdraw your application to vary/amend it, however the super premium service might not accept a complex case.

if theTier 1 Ent. is decided, then also there is no current leave, how then SET (LR) is accepted when it cannot be accepted when trying to vary before the decision ?

I am not quite sure you understand anything I said above AT ALL. You can vary a pending application at ANY time or apply for a fresh application if refused within 14 days.

Dear Zimba,

Happy to see you here aswell.
I am currently waiting for my Tier 1 Ent Extension for last 4 months, nothing received after Biometric done since 28Nov 2016. i want to go for premium service via SET (LR) in next 15 days. BUT i am confused about my dependent how can i vary her application.

Shall I go for mine 1st then get an app for her FLR (FP)?

OR

Shall I book 2 appointment on the same day?

Please help!!

[CR001]

You do NOT need to withdraw your application to vary/amend it, however the super premium service might not accept a complex case.

if theTier 1 Ent. is decided, then also there is no current leave, how then SET (LR) is accepted when it cannot be accepted when trying to vary before the decision ?

I am not quite sure you understand anything I said above AT ALL. You can vary a pending application at ANY time or apply for a fresh application if refused within 14 days.

Dear Zimba,

Happy to see you here aswell.
I am currently waiting for my Tier 1 Ent Extension for last 4 months, nothing received after Biometric done since 28Nov 2016. i want to go for premium service via SET (LR) in next 15 days. BUT i am confused about my dependent how can i vary her application.

Shall I go for mine 1st then get an app for her FLR (FP)?

OR

Shall I book 2 appointment on the same day?

Please help!!

Please start your own topic rather than tagging onto someone else's as Casa has already asked you to do.

[n8net]

sorry Zimba, I had not seen your reply at 1.17pm before I posted that. I cimpletely understand the section 3c when it ends when application is varied or earlier application is decided.

but, i am struggling to understand the response given by the mobile co-ordinator for Super Premium service.

his exact reply is follows.

"Unfortunately we can’t accept this case as you would have to withdraw your current case which would me you wouldn’t have any current leave. Once your case has been outcome and you wish to apply for the 10years we do that for you."

how come he can accept the application when Tier 1 is decided (in which case also there is no current leave) when he cannot accept the varying now ?

I think I hav been given incorrect info by him? don't you agree ?

[zimba]

You should tell them you do not have to withdraw the application at all. You simply want to vary/amend it via this service as usual.

[n8net]

Hi Zimba,

Thanks again. But really shocked at HO' incompetence in their reply and failing to see the context. appalling from someone who is first point of contact for a 10k service !

His two sentences are utter nonsense..anyway I am going to reply him again..

Since section 3c is going to be extended when varied, do you see any risks in varying to ILR from Tier1..?
I cannot see any, but I may be wrong.

thanks

[Casa]

Is the applicant's spouse on a dependant visa?

[n8net]

Hi casa,

the applicant does not have any depedants at all...

I think you are referring the the other user's case who hijacked my thread.. if possible could you delete his posts in this thread to avoid confusion.

also any idea why my status had been changed from "member of standing" to "thin-ice" ?
I would like to send and receive PMs.

apologies if I have breached any forum rules which may have been unintentional.

Thanks.