Pending Tier1 Ent Application

[sy5431]

Dear Experts,

I am in UK for last 8 years on work-permit and out of which last 5 years on Tier 2 ICT (new rule-2013), which will be expiring in 1st Week Sep 2018. I live in UK with my dependents (wife and school going child).
I have applied for Tier 1 Entrepreneur (initial-50k) visa in May end 2018 however after one month, received 'exceptionally complex issue' letter.
I had applied Tier1E only for me as I thought once I get approval then will apply for dependents.
Now after complex issue letter I am assuming there might be huge delays in my T1E visa processing.
My question is about my dependents:
Since my current Tier 2 ICT will be expiring in Sep 2018 first week, does it mean my dependents have to leave the UK after this date if I don't get my decision till expiry of my Tier2 ICT.

Regards,

[marcnath]

Dear Experts,

I am in UK for last 8 years on work-permit and out of which last 5 years on Tier 2 ICT (new rule-2013), which will be expiring in 1st Week Sep 2018. I live in UK with my dependents (wife and school going child).
I have applied for Tier 1 Entrepreneur (initial-50k) visa in May end 2018 however after one month, received 'exceptionally complex issue' letter.
I had applied Tier1E only for me as I thought once I get approval then will apply for dependents.
Now after complex issue letter I am assuming there might be huge delays in my T1E visa processing.
My question is about my dependents:
Since my current Tier 2 ICT will be expiring in Sep 2018 first week, does it mean my dependents have to leave the UK after this date if I don't get my decision till expiry of my Tier2 ICT.

Regards,

Yes, if they don't have a pending application, they will have to leave or become an overstayer.

Incidentally, on what basis did you apply for the 50K route ?

[sy5431]

Dear Expert - thanks for your quick response, very helpful. What I understand now is, I can also apply for my dependents though my own application is pending decision and they can continue to stay.

Regarding your question - I had applied based on access to 50k investment fund from VC registered with FCA. I was very confident on my business plan/product idea and it was in line with my past long experience but looks like HO didn't like my idea equally so now I am also in train with endless wait.
I would assume that after my COS expiry (next 2 months), I won't be eligible to do any job.

[CR001]

The funding rules are different if you’re changing (switching) from another visa, or if you’ve already had a UK visa.

Did you miss this statement??? Only certain visa categories can switch using the £50k route within the UK, tier 2 ICT is not one of them.

https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds

[sy5431]

Sorry sir but I disagree. Kindly refer https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa for switching rules.

[marcnath]

Dear Expert - thanks for your quick response, very helpful. What I understand now is, I can also apply for my dependents though my own application is pending decision and they can continue to stay.

That is correct.

Regarding your question - I had applied based on access to 50k investment fund from VC registered with FCA. I was very confident on my business plan/product idea and it was in line with my past long experience but looks like HO didn't like my idea equally so now I am also in train with endless wait.

I don't think business idea is what leads to complexity. A VC route would require further checks since that has been misused quite a lot and that is possibly the reason.

I would assume that after my COS expiry (next 2 months), I won't be eligible to do any job.

I'll need to check that. Section 3C extends your current visa, so you will continue to have all the rights of the T2 (ICT) visa until a decision on T1E is made. So, it depends if the job you intend to continue on meets the conditions of your T2 (ICT) - I am not totally familiar with those.

[zimba]

You can apply for initial Tier 1E visa with 50K from a VC and you can switch from Tier 2

https://www.gov.uk/government/publicati ... trepreneur

[sy5431]

very thankful for your replies!

[sy5431]

Dear experts - In continuation to my original question, would like to ask couple more.

Since my initial application is still pending (applied 24th May 2018, received complex issue letter 29th June, 50k VC) and my Tier 2 ICT COS is expiring on Sep'18 1st week.

I have already resigned from my company as I won't be allowed to work beyond COS expiry and also completed 5 years in Tier2 ICT, need to provide them some advance notice.

My questions:
1. In a visa processing, does HO consider current visa conditions e.g. in my case will there be a consideration to process my Tier 1 application before the expiry of my COS.
2. If answer to 1 above is no, then do I have an option to do any work for the living or just sit at home waiting for visa. I understand, you have mentioned about section 3C last time but bit confused because in my case there are two considerations one is COS and another is visa. and have resigned from current employer. Do I have a right to work any more.

[marcnath]

Dear experts - In continuation to my original question, would like to ask couple more.

Since my initial application is still pending (applied 24th May 2018, received complex issue letter 29th June, 50k VC) and my Tier 2 ICT COS is expiring on Sep'18 1st week.

I have already resigned from my company as I won't be allowed to work beyond COS expiry and also completed 5 years in Tier2 ICT, need to provide them some advance notice.

My questions:
1. In a visa processing, does HO consider current visa conditions e.g. in my case will there be a consideration to process my Tier 1 application before the expiry of my COS.
2. If answer to 1 above is no, then do I have an option to do any work for the living or just sit at home waiting for visa. I understand, you have mentioned about section 3C last time but bit confused because in my case there are two considerations one is COS and another is visa. and have resigned from current employer. Do I have a right to work any more.

I am not sure you needed to resign. As long as your Tier1 E application is not decided you have all the rights associated with the T2 ICT.

But to your questions
1. They don't have to consider that since your T2 ICT "does not expire" as long as you have another valid application under consideration.
2. You can work as per the T2 ICT visa you were granted. i.e. you can work for your sponsor.
You can:

work for your sponsor in the job described in your certificate of sponsorship
do a second job in the same profession and at the same level as your main job for up to 20 hours per week
do voluntary work
study as long as it doesn’t interfere with the job you’re sponsored for

[sy5431]

Thanks a lot marcnath! as usual a very helpful information.

I had to resign as my current employer is a very big global organisation and does not deviate on case by case basis i.e. I can not work for them beyond my COS. That too in a scenario where I have applied for a visa which is not in their policy and which won't allow me to work for them in future.

However based on your response, I have got some hope that I may be able to do something to support finance instead of sitting idle. I am starting further research on this to find out more information.

I have one more question (this is not a good question to ask but instead of keeping in heart, thought to put here) - being a clean track record for last 8 years, good job and business plan is in same area as of my experience of 18 years, can there be some kind of indication that how maximum HO can go in terms of timelines for initial application? Thinking of planning for worst case scenario as living with family in London is huge cost per month.

[CR001]

However based on your response, I have got some hope that I may be able to do something to support finance instead of sitting idle. I am starting further research on this to find out more information.

What did you have in mind? You cannot do any form of work once you are no longer working for your Tier 2 sponsor.

I have one more question (this is not a good question to ask but instead of keeping in heart, thought to put here) - being a clean track record for last 8 years, good job and business plan is in same area as of my experience of 18 years, can there be some kind of indication that how maximum HO can go in terms of timelines for initial application? Thinking of planning for worst case scenario as living with family in London is huge cost per month.

No one can predict how long HO will take to make a decision. Previous 'clean track record' or 'good job' is irrelevant. You must meet the requirements of the Tier 1 Ent visa to be successful.

Have you submitted dependent applications for your dependents too??

[sy5431]

Thanks CR001, I will apply for dependents in next couple of weeks before the expiry of their current visa.