Tier 1 Settlement (2nd Ext after 5 years in Tier 1 Ent)

[s_r_san]

when I go through the discussions in this forum, I got some confusions, please give advice

Specially word - "2nd extension". It means settlement application ena (Enter - 3 years + Ext - 2 years = 5 years eligible for settlement application ena)

1. In the first extension (after 3 years), I proved that I gave 2 full time employment for 1 year

In the settlement application (2nd extension) (after 3 + 2 = 5 years), do I need to prove that I give another 2 full time employment for 1 year
(2 x 1 year full time employment for first ext AND 2 x 1 year full time employment for settlement (2nd ext))

OR the employment proved in the first extension is enough ? (I do not mind to give the same documents again as evidence for employment creation)

Sorry little confusion,

2. If we proved the investment and employment in first extension application, what else to be proved in settlement (2nd extension) ?
(I do not mind to give the same documents again, but need to know the additions )

3. HO refused, AR also refused. When I send pre-action letter, HO reconsidered my application and offered the VISA. This will break 3c?

Please give your comments and advices on these point.
Thanks for your help

[marcnath]

Specially word - "2nd extension". It means settlement application ena (Enter - 3 years + Ext - 2 years = 5 years eligible for settlement application ena)

2nd extension is only needed if you do not meet the settlement requirements when you Visa expires. Normally it is only 1st extension and then settlement.

1. In the first extension (after 3 years), I proved that I gave 2 full time employment for 1 year

In the settlement application (2nd extension) (after 3 + 2 = 5 years), do I need to prove that I give another 2 full time employment for 1 year
(2 x 1 year full time employment for first ext AND 2 x 1 year full time employment for settlement (2nd ext))

OR the employment proved in the first extension is enough ? (I do not mind to give the same documents again as evidence for employment creation)

You need to have created 2 jobs of 12 months each during the period of your extension. So you cannot use the employment you had during the initial grant period.

2. If we proved the investment and employment in first extension application, what else to be proved in settlement (2nd extension) ?
(I do not mind to give the same documents again, but need to know the additions )

There is no need to provide any documentation for investment at your settlement application. However, as mentioned earlier, 2 new jobs need to be created.

3. HO refused, AR also refused. When I send pre-action letter, HO reconsidered my application and offered the VISA. This will break 3c?

Yes, your 3C will end once AR is refused and you are an overstayer from that point on.
However, if your visa is approved later, the overstay period is ignored for your ILR or other applications.

[s_r_san]

Hi marcnath
Thanks for your valuable points

[Shinyeyes]

Specially word - "2nd extension". It means settlement application ena (Enter - 3 years + Ext - 2 years = 5 years eligible for settlement application ena)

2nd extension is only needed if you do not meet the settlement requirements when you Visa expires. Normally it is only 1st extension and then settlement.

1. In the first extension (after 3 years), I proved that I gave 2 full time employment for 1 year

In the settlement application (2nd extension) (after 3 + 2 = 5 years), do I need to prove that I give another 2 full time employment for 1 year
(2 x 1 year full time employment for first ext AND 2 x 1 year full time employment for settlement (2nd ext))

OR the employment proved in the first extension is enough ? (I do not mind to give the same documents again as evidence for employment creation)

You need to have created 2 jobs of 12 months each during the period of your extension. So you cannot use the employment you had during the initial grant period.

2. If we proved the investment and employment in first extension application, what else to be proved in settlement (2nd extension) ?
(I do not mind to give the same documents again, but need to know the additions )

There is no need to provide any documentation for investment at your settlement application. However, as mentioned earlier, 2 new jobs need to be created.

3. HO refused, AR also refused. When I send pre-action letter, HO reconsidered my application and offered the VISA. This will break 3c?

Yes, your 3C will end once AR is refused and you are an overstayer from that point on.
However, if your visa is approved later, the overstay period is ignored for your ILR or other applications.

About jobs: It means we can’t use same employees in ILR which we already used in T1 E even they are working from your initial grants till ILR???

[marcnath]

About jobs: It means we can’t use same employees in ILR which we already used in T1 E even they are working from your initial grants till ILR???

You can use the same employees/jobs if they have continued during the extension period. If they have not then you have to create new jobs.

The point is you can't use the same evidence as you used for the initial extension

[Shinyeyes]

About jobs: It means we can’t use same employees in ILR which we already used in T1 E even they are working from your initial grants till ILR???

You can use the same employees/jobs if they have continued during the extension period. If they have not then you have to create new jobs.

The point is you can't use the same evidence as you used for the initial extension

That’s cool. Thanks a lot for your help