Still Waiting for extensions but what if 5 years completed

[Khaky]

Hi, I'm a silent member of this foroum. I have been waiting for my extension for almost 18 months. My timeline is as following
First grant March 2014, 50 k route.
Applied for extension in March 2017
Complex letter May 2017
Interview November 2017
IHS refund June 2018
No MP involved
My question is , shall I be eligible for indefinite leave to remain if my application is not decided till March 2019 when my 5 years on intrepreneur is completed.

[vinny]

The IHS refund may imply a refusal. Did they give any explanations?

[marcnath]

Hi, I'm a silent member of this foroum. I have been waiting for my extension for almost 18 months. My timeline is as following
First grant March 2014, 50 k route.
Applied for extension in March 2017
Complex letter May 2017
Interview November 2017
IHS refund June 2018
No MP involved
My question is , shall I be eligible for indefinite leave to remain if my application is not decided till March 2019 when my 5 years on intrepreneur is completed.

You should be able to vary your application to ILR if you have not received a decision by Feb 2019. Haven't seen anyone do that yet, but I can't see anything in the rules that would prevent that.

[Khaky]

Thanks for your reply. When I mentioned IHS refund I meant partial refund.

[Khaky]

Thanks marcnath for your reply. But one solicitor told me that doing this you should have a visa granted, but in the rules there isn't a condition of visa grant, is it?
And one more question please.incase of varying my case after 2 years completion what will be the starting period for employment job. Will it be counted from the date my first visa expired I.e March 2017 ? Please your opinion , thanks.

[marcnath]

Thanks marcnath for your reply. But one solicitor told me that doing this you should have a visa granted, but in the rules there isn't a condition of visa grant, is it?
And one more question please.incase of varying my case after 2 years completion what will be the starting period for employment job. Will it be counted from the date my first visa expired I.e March 2017 ? Please your opinion , thanks.

Yes, you should have a visa granted, but it does not say you should have an extension granted.

For example, the job creation requirement for ILR only says "The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave"

If your extension application is not decided, the most recent grant of leave will be the initial leave.