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Upcoming extension, company is still not operating. Chances?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

Wonderberry
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Upcoming extension, company is still not operating. Chances?

Post by Wonderberry » Thu Apr 27, 2017 7:31 pm

Good evening,

I came here to get a reality check from the members. I kindly ask you to reply with out any bias.

My Tier 1 Ent visa is due to expire is October this year and I was wondering how much in advance should one apply for the extension?

Second question is if I've got any chances to get the extension despite not having any business activity. I have 2 UK settled people hired (my relatives) and the company has around £100k in cash. Apart from that, unfortunately, I never managed to get any revenues on the business, costs only (admin, salary + tax). Will I have any chances to get visa extension? Maybe very persuasive future business plan might help?

Any ideas very welcome :D
Thank you!

Edit: Does premium service still increase probability of positive outcome?

sm12
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Re: Upcoming extension, company is still not operating. Chan

Post by sm12 » Thu Apr 27, 2017 8:34 pm

What type of business do you run?
Certain types of businesses take longer to generate revenue.

Vish79k
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Re: Upcoming extension, company is still not operating. Chan

Post by Vish79k » Thu Apr 27, 2017 8:35 pm

Hello it's a must you should have business activity
. You must be successful engaged in a business activity
. Also you do say you have only overheads ? That means you are doing something right ? The company may
result in loss but it's okay as long as there Is work going on. If the employees are registered on Paye . Yes I suppose


Hopefully you have been paying taxes

And I think you can apply 28 days before In advance
But please check with senior members.

Go for it with sincere intentions. You might succeed

Vish79k
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Re: Upcoming extension, company is still not operating. Chan

Post by Vish79k » Thu Apr 27, 2017 8:40 pm

Premium service Iam not sure about its existence. Heard about here and there but doubt it.
It will not guarantee you anything as they still stick to their procedure . So you still would have to go through their documentation and evidence etcc.

If you think it does exist and still want it give it a shot

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Casa
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Re: Upcoming extension, company is still not operating. Chan

Post by Casa » Thu Apr 27, 2017 9:05 pm

The PSC (Premium) service isn't available under Tier 1 Entrepreneur.

7. When you can't use the service (includes):
applying under Tier 1 (Entrepreneur)

https://www.gov.uk/ukvi-premium-service ... he-service
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

businessmen aces
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Re: Upcoming extension, company is still not operating. Chan

Post by businessmen aces » Thu Apr 27, 2017 10:29 pm

If no business activity and relatives employees and only 100k lying idle in bank than your chances of getting visa extension are Zero i will be very surprised if you get extension sorry don't want to give you false hope.

You enjoy your time in UK till oct than plan to go to another country after they reject your visa

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 10:49 pm

sm12 wrote:What type of business do you run?
Certain types of businesses take longer to generate revenue.
Professional advice services. Fairly easy to start revenue generation to be fair, but didn't quite work out for us.

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 10:52 pm

Vish79k wrote:Hello it's a must you should have business activity
. You must be successful engaged in a business activity
. Also you do say you have only overheads ? That means you are doing something right ? The company may
result in loss but it's okay as long as there Is work going on. If the employees are registered on Paye . Yes I suppose


Hopefully you have been paying taxes

And I think you can apply 28 days before In advance
But please check with senior members.

Go for it with sincere intentions. You might succeed
Well, I actually tried but it just didn't work out. I had rent until last December and have 2 people hired that are my relatives and help me with ad-hoc tasks. All employees are PAYE registered of course. I am considering making last leap of faith, I've got couple of month before application. Maybe a good plan would help?

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 10:53 pm

Vish79k wrote:Premium service Iam not sure about its existence. Heard about here and there but doubt it.
It will not guarantee you anything as they still stick to their procedure . So you still would have to go through their documentation and evidence etcc.

If you think it does exist and still want it give it a shot
As per below message, it turns out to be unavailable.

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 10:55 pm

Casa wrote:The PSC (Premium) service isn't available under Tier 1 Entrepreneur.

7. When you can't use the service (includes):
applying under Tier 1 (Entrepreneur)

https://www.gov.uk/ukvi-premium-service ... he-service
Thank you. Would be possible to hear your opinion on my case? I know it's not great, but what's best approach? Any changes to rescue the situation?

Thank you

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 10:59 pm

businessmen aces wrote:If no business activity and relatives employees and only 100k lying idle in bank than your chances of getting visa extension are Zero i will be very surprised if you get extension sorry don't want to give you false hope.

You enjoy your time in UK till oct than plan to go to another country after they reject your visa
I now want to consider any options to save the situation. But yes, chances are not ideal.

sm12
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Re: Upcoming extension, company is still not operating. Chan

Post by sm12 » Thu Apr 27, 2017 11:10 pm

So you actually do have business activity and expenses to show, and it's a case of the business not succeeding? You can move from one business to another, so that's an alternative. You could set up and start developing another business if this one isn't working out.

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zimba
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Re: Upcoming extension, company is still not operating. Chan

Post by zimba » Thu Apr 27, 2017 11:27 pm

It is difficult to say what a genuine business means from HO perspective but revenue is certainly not a must as long as you have business activity.
However to me your business practices show that you do not have a genuine business at the moment. Hiring relatives is usually a sign that you are not serious about your business practices. You must change the course of business if it is not working for you and if you can do that by October you might be able to pass as a genuine business. Get some contracts, make some changes, generate revenue, change the direction of the business.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 11:29 pm

sm12 wrote:So you actually do have business activity and expenses to show, and it's a case of the business not succeeding? You can move from one business to another, so that's an alternative. You could set up and start developing another business if this one isn't working out.
Yes, sir, that is correct - I might have been unclear before. It's just that we can't seem to 'start' it! :(

Expiry is in October, hence application is in September. Do you think that if we switch activities now (say 1st of June), 3 months of work (if successful) could increase my chances?

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Thu Apr 27, 2017 11:36 pm

zimba88 wrote:It is difficult to say what a genuine business means from HO perspective but revenue is certainly not a must as long as you have business activity.
However to me your business practices show that you do not have a genuine business at the moment. Hiring relatives is usually a sign that you are not serious about your business practices. You must change the course of business if it is not working for you and if you can do that by October you might be able to pass as a genuine business. Get some contracts, make some changes, generate revenue, change the direction of the business.
Thank you very much for a a little hope here. That is the plan I think. Ditch the relatives, hire UK kiddos and do some work :mrgreen:

From reading the forum I understand that golden rule is that it should be investment (basically you buy property for your business and in the name of your business) and NOT an existing business. I.e. "Truck, soft ice cream machine, popsicles" - OK, "Ice Cream Truck" - NOT OK. Any chance you have some idea in your head? :roll:

Ali272
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Re: Upcoming extension, company is still not operating. Chan

Post by Ali272 » Thu Apr 27, 2017 11:37 pm

I agree with Zimba. To me the biggest red flag is hiring your relatives. A lot of people on this forum have gotten extension by having little or no revenue and 3 years of losses. If it was me, I would immediately change the course of business, fire my relatives and hire 2 British citizens. Try to have at least a little bit of revenue. but that's just me. Make sure your insurance and tax affairs are up to date as well. I don't think HO canmreject you because of failure in previous business, a lot of startups fail but you should not have employed your relatives. Huge red flag.

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zimba
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Re: Upcoming extension, company is still not operating. Chan

Post by zimba » Thu Apr 27, 2017 11:40 pm

Also remember that generally it take several months before you could be interviewed by HO. You might have almost a year to fix your business practices and turn the ship around.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Fri Apr 28, 2017 12:05 pm

zimba88 wrote:Also remember that generally it take several months before you could be interviewed by HO. You might have almost a year to fix your business practices and turn the ship around.
Sorry, don't think I understand that. It's May now, Visa expires mid October. That means that the earliest I can apply for extension is mid September (28 days, correct?). Obviously the decision will have to be made within that period of time until October happens, including HO interview. How come a year? Might be my understanding is just rubbish.

Thank you

Vish79k
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Re: Upcoming extension, company is still not operating. Chan

Post by Vish79k » Fri Apr 28, 2017 12:10 pm

Mate if in case they decide to pull you for an interview and thereafter etc.. this will get dragged.

My suggestion is stick to whatever you can which can spin this in the right direction and give it your best shot

Make sure you document all as per the application form and submit all your evidences. Listen to all the advices give to you. You may have a shot. You have come this far so go that extra mile and put your best effort

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Fri Apr 28, 2017 12:17 pm

Vish79k wrote:Mate if in case they decide to pull you for an interview and thereafter etc.. this will get dragged.

My suggestion is stick to whatever you can which can spin this in the right direction and give it your best shot

Make sure you document all as per the application form and submit all your evidences. Listen to all the advices give to you. You may have a shot. You have come this far so go that extra mile and put your best effort
Thanks mate, I will be cracking my pants to get that done. I'm just unsure about the timeline.

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Re: Upcoming extension, company is still not operating. Chan

Post by CR001 » Fri Apr 28, 2017 12:29 pm

Wonderberry wrote:
zimba88 wrote:Also remember that generally it take several months before you could be interviewed by HO. You might have almost a year to fix your business practices and turn the ship around.
Sorry, don't think I understand that. It's May now, Visa expires mid October. That means that the earliest I can apply for extension is mid September (28 days, correct?). Obviously the decision will have to be made within that period of time until October happens, including HO interview. How come a year? Might be my understanding is just rubbish.

Thank you
There is no rule that HO must make a decision on your application before your visa expires. Tier 1 Ent applications can take many months even after your visa expired. It doesn't affect you though as long as you submitted your application before visa expired, your visa conditions continue.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Wonderberry
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Re: Upcoming extension, company is still not operating. Chan

Post by Wonderberry » Fri Apr 28, 2017 12:41 pm

CR001 wrote:
Wonderberry wrote:
zimba88 wrote:Also remember that generally it take several months before you could be interviewed by HO. You might have almost a year to fix your business practices and turn the ship around.
Sorry, don't think I understand that. It's May now, Visa expires mid October. That means that the earliest I can apply for extension is mid September (28 days, correct?). Obviously the decision will have to be made within that period of time until October happens, including HO interview. How come a year? Might be my understanding is just rubbish.

Thank you
There is no rule that HO must make a decision on your application before your visa expires. Tier 1 Ent applications can take many months even after your visa expired. It doesn't affect you though as long as you submitted your application before visa expired, your visa conditions continue.
That is a very helpful reply - I didn't know that. Thank you. So that means I can apply 1st of Oct. That gives me much more time to fix my business up!

businessmen aces
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Re: Upcoming extension, company is still not operating. Chan

Post by businessmen aces » Fri Apr 28, 2017 10:22 pm

Yes you are right your business leads lot of fixing :lol:

Wonderberry
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Tier1(Ent) to Tier2, how to make it right?

Post by Wonderberry » Thu Jun 22, 2017 11:29 am

Hello everyone,
I've recently consulted with you guys on saving my wife's Tier1 Entrepreneur visa (on which I'm listed as dependant). The responses were great and very helpful, but unfortunately it looks like we couldn't get anything running and won't be able to do so until we are due to extend the visa in mid-October this year. There is some sort of activity, but not enough to say it's a successful business. I'd say that we still have around 30-40% chance to extend.

I'm also employed by big firm and could ask them to get me working Tier2 visa and then make my wife dependand instead.

My question is, what's the best sequence of actions? Should we wait until October to try our luck with extension and then (if we fail), apply for my work visa? Or should we try to apply for extension early (July-August), risking of being couple of months short upon ILR, and then applying for work visa in case we are denied with extension?

I'm also interested if I will be allowed to stay in UK with my wife while my employer will arrange a visa for me? Say, we don't get extension on Tier1 in October, I go and ask for Tier2, but it will take some time to attange it(I am not from EU, so I guess employer will have to advertise the position etc etc). I assume there will be a couple of months until this is sorted. Will I be able to continue working in UK?

I also thought if maybe I should apply for Tier2 right now and keep my wife on her Tier1. If everyting works out for her, she will get ILR and Passport in 2-3 years and then I can apply for citizenship as a husband. But if she is denied in October, she will be able to jump on my visa. Is that even sane?

Thank you!

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Re: Tier1(Ent) to Tier2, how to make it right?

Post by marcnath » Thu Jun 22, 2017 11:55 am

Wonderberry wrote:Hello everyone,
I've recently consulted with you guys on saving my wife's Tier1 Entrepreneur visa (on which I'm listed as dependant). The responses were great and very helpful, but unfortunately it looks like we couldn't get anything running and won't be able to do so until we are due to extend the visa in mid-October this year. There is some sort of activity, but not enough to say it's a successful business.
There is no requirement that it should be a successful business. Even in the guidelines, they acknowledge that the business may no longer be there. 80-90% of start-ups fail, that is unfortunately the nature of Entrepreneurship.
Wonderberry wrote:I'd say that we still have around 30-40% chance to extend.
But there is a requirement that the business is a genuine entrepreneurial one and having read your previous thread, you may be facing challenges there. I am assuming when you refer to the 30-40%, you feel you can get the attribute points but would fail the genuine entrepreneur test.

Wonderberry wrote:I'm also employed by big firm and could ask them to get me working Tier2 visa and then make my wife dependand instead.

My question is, what's the best sequence of actions? Should we wait until October to try our luck with extension and then (if we fail), apply for my work visa? Or should we try to apply for extension early (July-August), risking of being couple of months short upon ILR, and then applying for work visa in case we are denied with extension?

I'm also interested if I will be allowed to stay in UK with my wife while my employer will arrange a visa for me? Say, we don't get extension on Tier1 in October, I go and ask for Tier2, but it will take some time to attange it(I am not from EU, so I guess employer will have to advertise the position etc etc). I assume there will be a couple of months until this is sorted. Will I be able to continue working in UK?

I also thought if maybe I should apply for Tier2 right now and keep my wife on her Tier1. If everyting works out for her, she will get ILR and Passport in 2-3 years and then I can apply for citizenship as a husband. But if she is denied in October, she will be able to jump on my visa. Is that even sane?

Thank you!
If possible, the last option is best. Have separate Visas and when either of you become eligible for ILR, you can choose who the main applicant can be.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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