Fresh Ext Visa Application Approved

[Aab1988]

Hi guys

I have received my BRP card in the morning i would like to thank seniors members especially Zimba for the help.

Timeline
Initial application jan 2013
Applied ext app may 2016
Refused oct2016
Applied fresh app Dec 2016
Received today waiting for the passport and other documents

I need some advice from Zimba,Marcnath and other seniors

Q1 when can I apply for ILR I got my visa in jan 2013. 5 years will be in Jan 2018 I got 4 full time employee at the moment I understand requirement is 3120 hrs which can done in 6 month. So can I apply in jan 2018 considering my visa ext application was refused before or the 5 year period has restarted again?

Q2 In 2015 I stayed more than 90 consecutive days (124days)outside the Uk but less than 180 days( total 170 days outside in 2015) did it break the contionous leave?

Q3 I showed the employment in company A for extension i m planning to sell company A. Can I show the employment in company B (New company) which I m planning to start soon or I have to show employment in company A only?

[marcnath]

Hi guys

I have received my BRP card in the morning i would like to thank seniors members especially Zimba for the help.

Timeline
Initial application jan 2013
Applied ext app may 2016
Refused oct2016
Applied fresh app Dec 2016
Received today waiting for the passport and other documents

Congratulations !!

I need some advice from Zimba,Marcnath and other seniors

Q1 when can I apply for ILR I got my visa in jan 2013. 5 years will be in Jan 2018 I got 4 full time employee at the moment I understand requirement is 3120 hrs which can done in 6 month. So can I apply in jan 2018 considering my visa ext application was refused before or the 5 year period has restarted again?

As mentioned many times in this forum, hours on its own is a bad of counting. 104 weeks with 30 hrs each, so 26 weeks for each employee should help you meet the requirement. It is already end of July, so I expect that it will be sometime end of Jan you will meet it if all employees continue full time until then. You can apply for ILR then.

Q2 In 2015 I stayed more than 90 consecutive days (124days)outside the Uk but less than 180 days( total 170 days outside in 2015) did it break the contionous leave?

Again, it is not calendar year. You calculate the year backwards from your date of application. So most likely you should be ok.

Q3 I showed the employment in company A for extension i m planning to sell company A. Can I show the employment in company B (New company) which I m planning to start soon or I have to show employment in company A only?

It does not matter. You can use employment in different company.

[annoyedatukba]

Congratulations on your approval.

Glad that things worked out for you after having been refused before. Once again fingers crossed for those of us that are still waiting.

[Aab1988]

Thanks Marcnath,

I have registered a company last week( after extension) in which I plan to employ 4 full time employees for atleast 6 months or more.

As per understanding u said 28 overstayed days and section 3c leave will count towards the 5 years and I will be eligiable to apply in Jan 2018 I m counting the calendar backwards as per your advice but still have few questions

Jan 2017-2018 1 year ILR apply date ( received ext visa in mid July 17)
Jan 2016-2017 2 years visa exp in may 16 refused visa in oct16 and applied within 28 days
Jan 2015-2016 3 years stayed outside uk for 124consecutive days outside and total 170days
Jan 2014-2015 4 years 70 days outside stay
Jan 2013-2014 5 years recd visa in jan arrived after 3 week to uk from home country ( stayed 40 days outside)

Q1 Do u think I will be able to apply in 'Jan Or Feb as I stayed outside for more than 90 days contionous days in 2015-2016 but had stayed less than 180 days (total 170days in that year)or it has effected contionous period ? is there any rule that one cannot stay for continouus 90 days ?

Q2 Are we allowed to stay max 450 days outside Uk in 5 years?

Q3 As I mentioned I got the visa in jan 2013 and arrived in Feb in 2013 after 3 week. Will that 3 weeks will be counted as absenses from Uk or I started counting 5 years for the day I arrived in Uk I think was 18 Feb

Q.4 if my visa gets refused again will it effect the 5 years route considering I will have 1.5 years left of my current extension visa when I apply for ILR (I just got the visa of 2 years and I will be applying nearly after in 6-7 months time) inCase of refusal what will happen?

Please Marcnath, Zimba other senior members I need your advices as I had horrible last year thanks to the solicitors only because of this forum I got my extension visa. I will appreciate if you guys help me again.

[marcnath]

Thanks Marcnath,

I have registered a company last week( after extension) in which I plan to employ 4 full time employees for atleast 6 months or more.

As per understanding u said 28 overstayed days and section 3c leave will count towards the 5 years and I will be eligiable to apply in Jan 2018 I m counting the calendar backwards as per your advice but still have few questions

I haven't gone back and looked at your thread, but it is 14 days if it was recent. 28 days changed some time back.

Q1 Do u think I will be able to apply in 'Jan Or Feb as I stayed outside for more than 90 days contionous days in 2015-2016 but had stayed less than 180 days (total 170days in that year)or it has effected contionous period ? is there any rule that one cannot stay for continouus 90 days ?

No 90 day conditions

Q2 Are we allowed to stay max 450 days outside Uk in 5 years?

No such criteria

Q3 As I mentioned I got the visa in jan 2013 and arrived in Feb in 2013 after 3 week. Will that 3 weeks will be counted as absenses from Uk or I started counting 5 years for the day I arrived in Uk I think was 18 Feb

Counted as absence. You can take 5 years from grant date.

Q.4 if my visa gets refused again will it effect the 5 years route considering I will have 1.5 years left of my current extension visa when I apply for ILR (I just got the visa of 2 years and I will be applying nearly after in 6-7 months time) inCase of refusal what will happen?

If your ILR gets refused, it will not affect your current leave unless the reason for refusal is things likel fraud or deception or anything else that allows them to curtail your leave.

The requirements for ILR are much more straightforward (primarily job creation) so you should have much less to worry about.

[Aab1988]

ThAnks Marcnath for your reply

Our visa was refused in Oct and Admin Review was refused on I think 15th Nov that's y we applied with in 28 days under the old rules according to my solicitor advice as he said new rule is for whose visa will get refused on or after 24th Nov. I hope he gave me correct advice as admin review was refused few days before 24th Nov and applying within 28days (not within14days)didn't break continoius period?

Also I am planning to apply my wife' dependent visa from back home I will be applying for my ILR early next year so Once I apply for ILR do I need to change my wife's visa or what do I need to do ?pleawe confirm

I Am sorry for asking so many questions as you guys knows the rules better than solicitors.

[marcnath]

ThAnks Marcnath for your reply

Our visa was refused in Oct and Admin Review was refused on I think 15th Nov that's y we applied with in 28 days under the old rules according to my solicitor advice as he said new rule is for whose visa will get refused on or after 24th Nov. I hope he gave me correct advice as admin review was refused few days before 24th Nov and applying within 28days (not within14days)didn't break continoius period?

Yes, your solicitor is right.

Also I am planning to apply my wife' dependent visa from back home I will be applying for my ILR early next year so Once I apply for ILR do I need to change my wife's visa or what do I need to do ?pleawe confirm

Your wife will continue as a PBS dependant until she completes 5years in the UK, when she can apply for ILR. Her visa will probably have to be renewed twice

[Aab1988]

Hi Zimba Marcnath and other senior members

I need your help

I have sold company A few weeks back I had invested approx £30000 in that company for my extension and have claimed points for investment do I need to reinvest that 30000 in the new company B?

I hope there is no restriction on us to sell the business in which we have claimed investement for extension I hope selling one of the companines ( in which I claimed investment points )won't have any effect for the ILR

Secondly my extension took more than a year and I had two employee full time working (24 months employment )for me can I claims points for that employment or it has to be after extension is granted only?

[marcnath]

I have sold company A few weeks back I had invested approx £30000 in that company for my extension and have claimed points for investment do I need to reinvest that 30000 in the new company B?

There is no need to.

I hope there is no restriction on us to sell the business in which we have claimed investement for extension I hope selling one of the companines ( in which I claimed investment points )won't have any effect for the ILR

No, it won't. Of course you still need to meet the genuine entrepreneur requirement at ILR. Depending on your business, questions may be asked. But you should be handle any of them if you have not done anything wrong.

Secondly my extension took more than a year and I had two employee full time working (24 months employment )for me can I claims points for that employment or it has to be after extension is granted only?

No, you can't. The 24 months has to be AFTER the grant of extension.

[Globe Trotter]

Thanks Marcnath for your valuable advice.

Can you please point out where in the policy guidelines does it mention that "The 24 months has to be AFTER the grant of extension."

I searched a lot for this clause but unfortunately unable to locate it.

And thanks for bringing out this point as now I will have to work harder on my case.

Many thanks.

[Aab1988]

Thanks for your help I was stressed out since last few days that I had claimed 30k investment for extension from company A and when applying for ILR HO will raise an objection but thanks again for clearing my doubts that it won't have any effect on ILR.

[marcnath]

Thanks Marcnath for your valuable advice.

Can you please point out where in the policy guidelines does it mention that "The 24 months has to be AFTER the grant of extension."

I searched a lot for this clause but unfortunately unable to locate it.

And thanks for bringing out this point as now I will have to work harder on my case.

Many thanks.

It is in a few places in the guidance.

For example, in the attributes table for extension, it says:

Where your last grant of entry clearance or leave was as a Tier 1 (Entrepreneur) migrant, the jobs must have existed for at least 12 months during the period for which the most recent leave was granted.

[Globe Trotter]

Wow Marcnath.
That is indeed commendable as that clause will not be noticed by an inexperienced eye.
It certainly proves your point, beyond doubt.
And thanks a ton for posting it.