Entrepreneur Ext 50k team approved 4 months 14 days

[waqas40581]

Dear Members,
i would like to ask ON behalf of my friend he has got his Entrepreneur Extension after 6 months. Now he would like to know does that period while application was in process counts toward apply ILR on the basis of 5 years Entrepreneur route,Or he need to wait until his 2 years extensions period get complete to be eligible for ILR.

Your will be appreciated.
Thanks

[marcnath]

He is eligible for ILR (providing other conditions are met) 5 years from the date of initial grant of Visa. The processing time is immaterial.

[waqas40581]

Dear Marcnath,
you mean the time while extension was in process will not be considered toward Entrepreneur 5 years route
he will be eligible after his 2 years extension??

[CR001]

Dear Marcnath,
you mean the time while extension was in process will not be considered toward Entrepreneur 5 years route
he will be eligible after his 2 years extension??

No. Time waiting for the decision counts towards ILR provided the extension application was submitted before the previous visa expired.

[waqas40581]

Dear CROO1,

Thanks for your reply
His initial entrepreneur visa granted on march 2014 to march 2017
file extension on march 2017
Got extension October 2017
waiting time while extension was in process 6 months
now extension valid till October 2019

Point 1 : His is 5 years on entrepreneur visa will be completed if we count from the date of initial visa issue from march 2014 will be march 2019 thats mean he can apply ILR on March 2019 if we count his 6 months as well for extension visa processing time.

Point 2 :whereas his extension getting expired on October 2019 so he doesn't need to Waite to to apply ILR till October 2019.

As per your comment he falls on points 1 am i right??

thanks

[kaps84]

I believe yes, he is eligible from march 2019 for ILR.

[marcnath]

Dear CROO1,

Thanks for your reply
His initial entrepreneur visa granted on march 2014 to march 2017
file extension on march 2017
Got extension October 2017
waiting time while extension was in process 6 months
now extension valid till October 2019

Point 1 : His is 5 years on entrepreneur visa will be completed if we count from the date of initial visa issue from march 2014 will be march 2019 thats mean he can apply ILR on March 2019 if we count his 6 months as well for extension visa processing time.

Point 2 :whereas his extension getting expired on October 2019 so he doesn't need to Waite to to apply ILR till October 2019.

As per your comment he falls on points 1 am i right??

thanks

He can apply in Feb/Mar 2019 (28 days before the date of initial grant in March 2014), provided he meets all other criteria - job creation, LIUK, etc.

[manu2017]

Dear CROO1,

Thanks for your reply
His initial entrepreneur visa granted on march 2014 to march 2017
file extension on march 2017
Got extension October 2017
waiting time while extension was in process 6 months
now extension valid till October 2019

Point 1 : His is 5 years on entrepreneur visa will be completed if we count from the date of initial visa issue from march 2014 will be march 2019 thats mean he can apply ILR on March 2019 if we count his 6 months as well for extension visa processing time.

Point 2 :whereas his extension getting expired on October 2019 so he doesn't need to Waite to to apply ILR till October 2019.

As per your comment he falls on points 1 am i right??

thanks

Yes, all your conditions are right. BR

[seasky]

With waiting times for extension very long, if it goes over a year there will be a delay because od the need for 12 months of employment (for post APr 2014ers)

[Rocher]

Your job creation during the waiting time won't count. It will only count from the date of extension approved.

[seasky]

Your job creation during the waiting time won't count. It will only count from the date of extension approved.

I received my ILR earlier this year so not fully uptodate. What you say is correct (wording was "in last period of leave") but not tested. Also up to now most cased are pre APR14 so not so much an issues.


So if one continues to employ during extension and then uses that time for ILR, do we know for a fact CW will interpret it literally?

[Celina]

what about the job creation time ( during the waiting time for extension ) .
My extension got approved after 9 months , so the job created in the meantime will be counted or no ?

please if anyone can reply on that .

Thanks
REGARDS

Celina .

[seasky]

what about the job creation time ( during the waiting time for extension ) .
My extension got approved after 9 months , so the job created in the meantime will be counted or no ?

please if anyone can reply on that .

Thanks
REGARDS

Celina .

As per the way the rules are written "in the last period of leave" it does not count.

But this all new because all extenders going to ILR are pre Apr 2014 and could hire 4 people for 6 months etc.

It does not "make rational sense" not to consider the extension period. But UKVI is not "rational"

I suspect that someone (post apr 14) who has 9 employees in first leave, continues to employ them throughout extension that takes 1.5 years then 6 months later goes for ILR will be approved even though he has only "6 months in last period of leave"

Corollary if someone fires his team during extension ("whats the value, is not needed for points"), then hires exactly 2 people for one year. I would deny his visa for non-genuiness

[marcnath]

what about the job creation time ( during the waiting time for extension ) .
My extension got approved after 9 months , so the job created in the meantime will be counted or no ?

please if anyone can reply on that .

Thanks
REGARDS

Celina .

As per the immigration rules only jobs during the last period of grant will be counted. So, no, the ions during the 9 months will not be considered

[marcnath]

what about the job creation time ( during the waiting time for extension ) .
My extension got approved after 9 months , so the job created in the meantime will be counted or no ?

please if anyone can reply on that .

Thanks
REGARDS

Celina .

As per the way the rules are written "in the last period of leave" it does not count.

But this all new because all extenders going to ILR are pre Apr 2014 and could hire 4 people for 6 months etc.

It does not "make rational sense" not to consider the extension period. But UKVI is not "rational"

I suspect that someone (post apr 14) who has 9 employees in first leave, continues to employ them throughout extension that takes 1.5 years then 6 months later goes for ILR will be approved even though he has only "6 months in last period of leave"

Corollary if someone fires his team during extension ("whats the value, is not needed for points"), then hires exactly 2 people for one year. I would deny his visa for non-genuiness

It is actually rational. During processing the initial grant period is extended by virtue of Section 3C. There have been cases where HO has taken jobs and/or investment made during that period to satisfy extension requirements. That has helped people who may have gone short or made mistakes during the initial application. And you can't have it counted both sides

[seasky]

It is actually rational. During processing the initial grant period is extended by virtue of Section 3C. There have been cases where HO has taken jobs and/or investment made during that period to satisfy extension requirements. That has helped people who may have gone short or made mistakes during the initial application. And you can't have it counted both sides

First of all "basic 3C" is one of the worse things for T1E extension. Specifically the inability to travel during the extension period. The UK wants to attract world class international entrepreneurs. How can you run a company without travel? I realise that for some local businesses (eg. a Kebab shop or a website developer for UK market) it matters little

Secondly the way I "understood" T1e before signing up to it (i came to the UK for the purpose of starting my business) was straightforward. You have a set of things that need happens in the first 3 years, you go through a bureaucratic extension process where they make sure you did what you said and then again 2 years later for ILR. No where was it explained and mentioned that the bureacratic delay would delay your ILR

[Celina]

In my opinion " the last grant of leave " what they meant is ,if your employee hours is more than 3120 hours ( which was required ) and if you have done eg 5000 hours in that period , that extra hours of employment will not count towards ILR . You need to do total 3120 hours again from your expiry date of your visa (Intital Grant)(3 years+ 2 years)if you want to go for after 5 years period towards ILR.

Otherwise it makes no sense for genuine businesss to put hard work and effort in that waiting time and to abide by the rukes set up by UkVI .

it will be more beneficial for non genuine entrepreneurs ( WHERE THEY WILL FIRE THE EMPLOYESS WHEN THEY PUT THE CASE AND HIRE THEM BACK AGAIN WHEN THEY GET THE VISA ) , as said by Seasky .

please any opinion regarding this from senior members or experienced members will be appreciated .

Celina .

[zimba]

If you put an in-time extension application, by the virtue of Section 3C your current leave is extended until your application is decided. This means during the time waiting for extension, it is your initial grant that is being extended. The rules require you to create the jobs in the last grant of your leave which means for ILR you must prove job creation requirement in the extension period (after it is approved). The issue of genuine entrepreneurship are irrelevant to this.

In fact a very successful Tier 1E applicant was refused ILR because of misunderstanding the rules and failure to create the jobs during extension peirod and forced to leave the UK: https://www.freemovement.org.uk/felber- ... isa-rules/

I personally sense an obsession with the idea of genuineness on here. A working business might not need any employees at some point. The fact that you must create these employment to be able to apply for ILR is an arbitrary requirement and not relevant to genuineness of a business. If I do not need many employees, the employment creation criteria becomes a headache and an annoying requirement. Even the Migration Advisory Committee criticized this in their report.

[Celina]

Hi Zimba ,

Thank you for your explanation and time it was very important piece of information that you shared , which will help lots of people on this forum .

I read the link that you posted about the confusion of job creation, I still have one important thing to clarify please . my question is :

1) I fall in pre april 2014 category ( AS I UNDERSTAND I Still NEED ONE EMPLOYEE FOR 24 MONTHS OR 2 EMPLOYEES FOR 1 YEAR EACH OR 4 FOR 6 MONTHS ? ) does this rule still applies for me ( pre april 2014 ) ??

[zimba]

Yes. Transitional arrangements apply to you

[Celina]

Hi Zimba ,

So just wanted to reconfirm again please, as according to the new changes in the guidance from ( January 2018) I now assume that my 9 months waiting time for extension will be counted ( as reagards to job creation hours ) towards my ILR which is due on jan 2019 .

please confirm thanking you .

[marcnath]

Secondly the way I "understood" T1e before signing up to it (i came to the UK for the purpose of starting my business) was straightforward. You have a set of things that need happens in the first 3 years, you go through a bureaucratic extension process where they make sure you did what you said and then again 2 years later for ILR. No where was it explained and mentioned that the bureacratic delay would delay your ILR

Interestingly, @seasky, HO seems to have been listening to you and has responded The delay in processing time will no longer delay the ILR under the new rules effective next month.

[red_blue]

Hi Zimba ,

So just wanted to reconfirm again please, as according to the new changes in the guidance from ( January 2018) I now assume that my 9 months waiting time for extension will be counted ( as reagards to job creation hours ) towards my ILR which is due on jan 2019 .

please confirm thanking you .

This is realy a big development.

Request you guru's to shed some light on this.

We spent almost a yr in extenshion and that time our employees where working with us.
After a yr when we got our extenshion, got to know that this yr will not count for ILR.
Please advice us if we can use employment in extenshion waiting period.

Also one of our exployee is with us since start, but we hire one employee for 2 months period after extenshion and after he leave, hired another one who is still working with us.

We got our visa before march 2014.
Please advice us if this split employement accepted.

[CR001]

Hi Zimba ,

So just wanted to reconfirm again please, as according to the new changes in the guidance from ( January 2018) I now assume that my 9 months waiting time for extension will be counted ( as reagards to job creation hours ) towards my ILR which is due on jan 2019 .

please confirm thanking you .

This is realy a big development.

Request you guru's to shed some light on this.

We spent almost a yr in extenshion and that time our employees where working with us.
After a yr when we got our extenshion, got to know that this yr will not count for ILR.
Please advice us if we can use employment in extenshion waiting period.

Also one of our exployee is with us since start, but we hire one employee for 2 months period after extenshion and after he leave, hired another one who is still working with us.

We got our visa before march 2014.
Please advice us if this split employement accepted.

Instead of tagging onto another members topic where they are asking for help regarding ILR, please post in the Tier 1 Ent topic regarding the immigration rule changes that already exists.

uk-tier-1-entrepreneur-visas/change-in- ... 44913.html

[red_blue]

Sorry,
and thanks for correcting me.