10 years completing just before tier 1 Ent extension time

[pkjay]

Dear All
Hope you all are good.
I want to ask one quick thing, if 10 yrs continuous time is finishing just before ( 1 month before) tier 1 ent extension due date.
Is it worth to go 10 yrs ILR route ?? OR is it worth to go Tier 1 Ent extension route ??
If we go 10 yrs ILR route, will we still have to fulfill all of Tier 1 ent requirements for 3 yrs , we have been, like 50K investment OR 2 job creation.
Appriciate your response

Thanks
pkjay

[hina_pirzada]

You dont need to show anything just book an appointment at window. U can also apply 28 days earlier of ur 10 years compeletion period. U only need Life in the UK test. The best option is to go 10 years route which is sensible.

[marcnath]

Agree, so much lesser hassles.
But if you have dependants then it may be better to do the PBS ILR, depending on their status.

[zimba]

Up to you. Under long residence, you dependants have to switch to FLR(M) which resets their ILR clock. If you have dependants, the suggestion is ILR under Tier 1E instead.

[pkjay]

Thank you so much guys for reply...please answer these query as well...

1. if I go 10 yrs route , they will not ask last 3 years on Tier 1 Ent ...weather i have fulfilled all condition for tier 1 ent visa...like job creation and investment ??

2. just Before coming to work visa, i stayed 2 month on Business Visa , ( afterwords went india and again came back on Work Permit ). Does my business visa stay can be used in 10 year Long Residance application ??

3. Though i wanted to go 10 yrs route....
but Regarding Dependent, Yes, that is biggest confusion...
I have 3 dependent , wife came 2 year after me , so she will just complete 8 years that time ??
Kid ( born in india) will only complete 7 yrs approx ?
Kid 2 ( born in UK ) will complete 4 years ? ( hope he will get ILR straightaway after me )

They all be off-course staying with me at time of ILR application, for 4/7/8 years...
Do they need to again spend 5 years as ILR Dependant ?? How much time once has to be spend on ILR dependant ?

Sorry its a bit complex situation, but your information will help me a lot..

Thanks
Pkjay

[zimba]

1. if I go 10 yrs route , they will not ask last 3 years on Tier 1 Ent ...weather i have fulfilled all condition for tier 1 ent visa...like job creation and investment ??

No but they could ask you to prove you were not in breach of the rules. You have show you invested the money or still have access to it or ran a genuine business for example.

2. just Before coming to work visa, i stayed 2 month on Business Visa , ( afterwords went india and again came back on Work Permit ). Does my business visa stay can be used in 10 year Long Residance application ??

Yes, if that did not break your 10 years lawful stay

3. Though i wanted to go 10 yrs route....
but Regarding Dependent, Yes, that is biggest confusion...
Do they need to again spend 5 years as ILR Dependant ?? How much time once has to be spend on ILR dependant ?

Apart from the UK born, the rest of them must spend either 5 years on FLR(M) or complete their 10 years. Long residence route means that their ILR could be delayed by few years

[pkjay]

Dear

So, that means even if i go 10 yr residance, i still might need to prove that i have fulfilled all tier 1 ent visa conditions, and have proof for that....

I came business visa very start ( with 6 month business visa) , but went back after 2 month stay on business visa....came back UK after 1 month on Work permit , and always extended my leave with UK since then....
so i hope i should be able to use business visa stay to be eligible for 10 yrs long residance ...??

3. for wife i assume i need her to complete 10 years of her own,.
for kid, is 7 yrs study in UK straight forward case or comples ( specially when parents have ILR )/

thanks a lot..

[zimba]

So, that means even if i go 10 yr residence, i still might need to prove that i have fulfilled all tier 1 ent visa conditions, and have proof for that....

No, your Tier 1E visa has conditions of stay attached to it. There is no condition that says you MUST create jobs, that is simply a requirement for extension or ILR. However one of the conditions of your visa is that you MUST maintain access to the funds at all times until they are invested or spent.
You can read the full details under paragraph 245DE. Period, conditions and curtailment of grant of the Immigration Rules part 6A: the points-based system

[marcnath]

Dear

So, that means even if i go 10 yr residance, i still might need to prove that i have fulfilled all tier 1 ent visa conditions, and have proof for that....

You need consider two things separately
1) Conditions of stay attached to the grant of the visa or any extension - As zimba pointed out, one of those conditions include that you should have access to investment funds. Another one is that you should only have worked for your own business. Any violation of those makes your T1E visa invalid and so you lose the qualification for your ILR (LR) under general conditions
2) Points attributes for extension of T1E - these include things like job creation, proof of investment, being a director, etc. These are not applicable for your ILR (LR) application

So, if you showed 200K for the purpose of the grant of the Visa and you have since used that money to buy your home (for example) then you have violated the ORIGINAL CONDITIONS OF STAY. HO can curtail your stay and so you are not a legal resident.
But, if you still have that money in your bank account, there is no need to show proof it is actually invested in the business - because that is a condition of extension and not for original grant.