flr(hro) to ILR (l10 yesrs route)

[ravireddy121]

Hello Everyone

Iam new to this forum. I really need some advise by all of you.

iam on tier 1 entrepreneur visa and my visa runs out on 1 june 2017. i will be completing my 10 years in jan 2018 and i cannot apply for tier 1 entrepreneur extension as due to some problems with investing funds 50k.

my question is, if i apply flr(hro) in end of may before my visa expires, can i switch to ilr(long residence) in jan 2018? i was looking to take premium service, what are the chances that my application will be successful as all my previous leave was perfect and there is no break in any leave?

please help me as i really need all your advise. thank you

[Casa]

How do you believe that you will qualify under Human Rights, compelling and compassionate circumstances due to not reaching your 10 year period of long residence

[seasky]

If your only issue is investment (though from the tone of your post I am going to guess you didn't fill employment either) you still have time to invest.

It has been said on this forum that bogus applications to buy time is being cracked down by HO, a couple of weeks would probably work, (would you believe that some are even applying, and receiving, t1e just to buy time till ILR(LR)? )

[ravireddy121]

hi everyone

thank you for your reply. i spoke to couple of solicitors and they all advised me that to apply flr hro application to cover 7 months in a legal stay, we know that we wont be getting visa, its just for time taking as we will be getting appeal rights. iam confused as iam getting different advise from different solicitors.

i really dont have any other option. pls advise me how can i cover my 7 months in legal way. i have doing some contracts for a company and get paid in my business account. please advise.. thank you

[Casa]

You are not permitted to contract under Tier1E, The Immigration Rules state:
"
You may not, however, be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to,that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contract of service.This applies even if it is claimed that such work is undertaken on a self-employed basis.

Also note reference to applications made simply to buy time under Section 3:
vexatious or frivolous applications;

https://www.gov.uk/government/publicati ... raph-32011

Also note the advice in this thread:
uk-tier-1-entrepreneur-visas/genuine-en ... 88534.html

[seasky]

hi everyone

thank you for your reply. i spoke to couple of solicitors and they all advised me that to apply flr hro application to cover 7 months in a legal stay, we know that we wont be getting visa, its just for time taking as we will be getting appeal rights. iam confused as iam getting different advise from different solicitors.

i really dont have any other option. pls advise me how can i cover my 7 months in legal way. i have doing some contracts for a company and get paid in my business account. please advise.. thank you

When you committed to t1e 3 years ago did you not know you had to build a business, invest the £50K (which I assume you had access to, unless you lied about that), make employment and NOT do contract work?

It seems you broke the terms of your t1e as such even if miraculously your flr hro takes 7 months to sort out (I know nothing on how long it does, so cannot comment except on this forum it has been said that HO is cracking down on bogus applications to buy time) they could see you were playing games with them, invite you to an interview and tell you u were in breach of t1e (hence your previous leave was not 'perfect')

So now you will waste money on lawyers, bogus applications and expensive ILR which is not likely.

[ravireddy121]

thank you for ur reply.

actually my wife was supposed to get a tier 2 sponsor visa, but her sponsor ditched her at last moment as the minimum salarly threshold was increased to 30k. else i would have made some arrangements before. but now iam in a very bad situation as iam left with no options.

iam working for my own business and provide IT services to my client. its not through any agency, i managed to get a contract directly through reference.

[Casa]

thank you for ur reply.

actually my wife was supposed to get a tier 2 sponsor visa, but her sponsor ditched her at last moment as the minimum salarly threshold was increased to 30k. else i would have made some arrangements before. but now iam in a very bad situation as iam left with no options.

iam working for my own business and provide IT services to my client. its not through any agency, i managed to get a contract directly through reference.

It will still be considered as 'contracting' and not genuine 'entrepreneurship'.

[seasky]

thank you for ur reply.

actually my wife was supposed to get a tier 2 sponsor visa, but her sponsor ditched her at last moment as the minimum salarly threshold was increased to 30k. else i would have made some arrangements before. but now iam in a very bad situation as iam left with no options.

iam working for my own business and provide IT services to my client. its not through any agency, i managed to get a contract directly through reference.

What happened to the £50K you had?

[ravireddy121]

me and my friend we applied together as partner entrepreneur team, but his visa got rejected because of maintenance funds issue, so he has to go back to india, so i coulnt invest 50k. but iam ready to invest now. can u pls suggest, if i can still invest?

[zimba]

me and my friend we applied together as partner entrepreneur team, but his visa got rejected because of maintenance funds issue, so he has to go back to india, so i coulnt invest 50k. but iam ready to invest now. can u pls suggest, if i can still invest?

Yes. You can invest before visa expiry and prepare the documents necessary.

[seasky]

me and my friend we applied together as partner entrepreneur team, but his visa got rejected because of maintenance funds issue, so he has to go back to india, so i coulnt invest 50k. but iam ready to invest now. can u pls suggest, if i can still invest?

for clarification. 3 yrs ago you got t1e visa but your partner entreprneur did not?

[seasky]

me and my friend we applied together as partner entrepreneur team, but his visa got rejected because of maintenance funds issue, so he has to go back to india, so i coulnt invest 50k. but iam ready to invest now. can u pls suggest, if i can still invest?

Yes. You can invest before visa expiry and prepare the documents necessary.

My guess is that he does not have employment.... (OP, pls confirm otherwise)

[ravireddy121]

yes i only got tier 1 e visa and my partners visa got rejected and he left to india. i am ready to invest 50k now and how can i show the employment? pls advise

[seasky]

yes i only got tier 1 e visa and my partners visa got rejected and he left to india. i am ready to invest 50k now and how can i show the employment? pls advise

You can't if you didn't employ....

(on the clear technical side, if you applied before APR6th 2014, you can hire 24 people for one month now and make the June deadline, don't waste your money as you will be thrown out on genuineness)

[zimba]

yes i only got tier 1 e visa and my partners visa got rejected and he left to india. i am ready to invest 50k now and how can i show the employment? pls advise

You do not seem to be a genuine Tier 1E applicant as you have no clue about the Tier 1E rules. Your contracting is a very clear BREACH of the conditions of your stay and the immigration rules. On top of that, you also failed to invest or hire as required for extension so you are not eligible for extension either. You also have no basis for an FLR or any good reason why you should remain in the UK.
You have two choices, either apply for extension and hope that it will take enough time for you to reach the 10 years, however given that you created no employment your case will be refused pretty quickly OR prepare to leave the UK just like your partner did.