Tier 1E extension refused

[jaz9567]

Hello,
I have received refusal on my tier 1 entrepreneur extension application. They have given me 14 days for AR. Just wondering if I put new application within 14 days as tier 1 entrepreneur extension(rather than going for AR) does it effect ten year continuity? Need your valuable advice!!
Thanks

[nish_patel7]

Sorry to hear that , but what was the reason for the refusal and what is your timeline?

[zimba]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

[jaz9567]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

It was a mistake by accountant in number of hours that paid for job creation and also we missed few payslips. In AR I can not submit new payroll so this is why I was thinking to go for fresh application if it doesn’t break my continuity. I am few months away from my ten years.

[jaz9567]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

[marcnath]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

If your fresh application is approved, then the LR will not break

[jaz9567]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

If your fresh application is approved, then the LR will not break

Thanks but if I don’t get decision for next few months then ? Can I vary my application to ILR ten year long residency?

[marcnath]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

If your fresh application is approved, then the LR will not break

Thanks but if I don’t get decision for next few months then ? Can I vary my application to ILR ten year long residency?

No you can't.
Once you put in your fresh application, your Section 3C ends so you are an overstayer until it is approved. The overstay period will be ignored when the application is approved.

[jaz9567]

Zimba88 will my long residency break? If I submit fresh application within 14 days.

If your fresh application is approved, then the LR will not break

Thanks but if I don’t get decision for next few months then ? Can I vary my application to ILR ten year long residency?

No you can't.
Once you put in your fresh application, your Section 3C ends so you are an overstayer until it is approved. The overstay period will be ignored when the application is approved.

Thank you. But now how can I save my long residency?

[zimba]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

Not if you eventually get your visa.

[marcnath]

If your fresh application is approved, then the LR will not break

Thanks but if I don’t get decision for next few months then ? Can I vary my application to ILR ten year long residency?

No you can't.
Once you put in your fresh application, your Section 3C ends so you are an overstayer until it is approved. The overstay period will be ignored when the application is approved.

Thank you. But now how can I save my long residency?

By making sure you do a proper application which will be approved

[jaz9567]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

Not if you eventually get your visa.

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

[marcnath]

Yes but that might not be the best option going forward. Please share the reasons for your refusal.

Zimba88 will my long residency break? If I submit fresh application within 14 days.

Not if you eventually get your visa.

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

[jaz9567]

Zimba88 will my long residency break? If I submit fresh application within 14 days.

Not if you eventually get your visa.

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

Thank you
If I am overstayer now what about my working right, can I still get salary as a director of my company?

[marcnath]

No you can't. You should not be on the payroll anymore

[Momi]

Zimba88 will my long residency break? If I submit fresh application within 14 days.

Not if you eventually get your visa.

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

I'm not agree with marcnath and Zimba here.
I have seen many cases where people got ILR in 2nd application.
3c breaks once your 2nd application refuse.
I think you can vary you application to ILR after 4 months.

[Momi]

Not if you eventually get your visa.

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

Thank you
If I am overstayer now what about my working right, can I still get salary as a director of my company?

Yes you can't take salary on your 2nd application.

[jaz9567]

Thank you zimba88 and marcnath!!
I am four months away from ten years and if they do not decide my application in four months then can I vary to set LR or not?

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

Thank you
If I am overstayer now what about my working right, can I still get salary as a director of my company?

Yes you can't take salary on your 2nd application.

Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.

[Momi]

I thought that was covered.
You are an overstayer once your new application goes in, so your 10 yr residence is broken.
Only AFTER the extension is approved will HO be able to ignore the overstay period for a LR application, not before.

Thank you
If I am overstayer now what about my working right, can I still get salary as a director of my company?

Yes you can't take salary on your 2nd application.

Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

[jaz9567]

Thank you
If I am overstayer now what about my working right, can I still get salary as a director of my company?

Yes you can't take salary on your 2nd application.

Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?

[marcnath]

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

That's interesting but it would not be the only time HO does not follow their own guidelines or interprets it in favour of the applicant.

So, always worth trying. Nothing to lose and everything to gain.

[Momi]

Yes you can't take salary on your 2nd application.

Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?

Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?

[jaz9567]

Thank you momi.
Zimba88 what do you say? I am Very confused at the
moment.

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?

Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?

April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?

[Momi]

Take advise from good solicitor. One of my friend got ILR last month and other one in august. Both applied 2nd application and then they varied their applications to set LR.
Both of them used premium service and they got approval in less than 2 weeks.
Best of luck

To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?

Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?

April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?

No one will stop you being a director of the company, so your business will run normally but you can't take salary. It quite clear.
You can apply ILR in march.

[jaz9567]

To be honest momi, solicitors can’t be trusted. This mess is because of them. Accountant missed payslips and made a mistake in employee hours and solicitor didn’t check, hence I am the victim. Did they went for AR or fresh application? Can you please read my scenario above and find out with your friends. I don’t want to go for AR because it will be refuse and I don’t want anymore refusal. Fresh application is safe in my opinion. I am on the edge of ten years and don’t want to wait more. And I know HO will not decide my application in four months.
One more thing if I can’t take salary, can I still run my business and pay employees?

Don't go for AR but go for fresh application. I don't think you are victim but you are responsible for all that mess. It's your responsibility to send all required documents and you are responsible to check each document before sending.
Your and my friends cases are same. So don't worry about that.
What date you completing your legal 10 years?

April!!
You know there are hell amount of documents for extension. This is why I didn’t check, solicitor supposed to check and send but he didn’t go through each document and he scanned all documents & sent. I know I am responsible to some extent but anyway it’s a lesson for me.
Can I still run my business & pay employees?

No one will stop you being a director of the company, so your business will run normally but you can't take salary. It quite clear.
You can apply ILR in march.

Thank you for everyone. Let’s see