Tier 1 entrepreneur ILR eligibility confusion

[Raahi]

Hi everyone,
Specially senior members.
I got my initial tier 1 entrepreneur visa in April 2014 and applied for extension in April 2017 which for refused in May 2018 on interview basis. After which applied AR for refused in July 2018. Since then I have applied for tier 1 entrepreneur extension again and there is no reply from HO yet. My question is can i apply for ilr tier 1 on 5 year basis as it will be completed in April 2019.
Thanx very much in advance

[CR001]

Your previous post stated you applied for FLR(FP)??

immigration-for-family-members/applied- ... l#p1654731

uk-tier-1-entrepreneur-visas/2nd-applic ... l#p1653743

[Raahi]

U r right but I end up not applying that one due to some reasons that y

[CR001]

My understanding is that you would need your current application to be successful before you could qualify for ILR. If AR was refused, your section 3C protection ended at that point.

[Raahi]

Can someone else share their thoughts on this plz thanx

[aman90]

Can someone else share their thoughts on this plz thanx

indefinite-leave-to-remain/cam-tier-1-e ... 49047.html

[Raahi]

Thanx very much for your comments.
Also I am getting eligible for ilr 10year base in Dec 2019. If i don't get decision on my 2nd application which is my current one will be eligible to apply for that or do i still need to wait for this decesion first.
I m really confused.

[aman90]

Thanx very much for your comments.
Also I am getting eligible for ilr 10year base in Dec 2019. If i don't get decision on my 2nd application which is my current one will be eligible to apply for that or do i still need to wait for this decesion first.
I m really confused.

I’m not sure but I think your leave needs to be regularised via this decision to apply for LR in Dec.
You don’t have valid leave..

On the other hand.. you could vary ur PBS ext application to ILR when you reach ur qualifying period and attach job creation evidence of the preceding 12 months ( from the date of Variation)

Or you can just wait and apply for ILR once you get ur decision.
Are you running ur business and employees as usual?

[Raahi]

Yes my business is running as usual and 2 employees r working full time

[bizman]

I think the best approach will be for you to vary your application when you are qualified for ILR, it’s easier since you have employees still working for you. However explain in a cover letter the delay on your current application.

[Raahi]

U mean ilr on on 5 year basis. And what could be the impact regarding my first application refused and went for AR before applying for 2nd application. Thanx

[bizman]

Did the HO communicate with you in any way after submitting the new application. I mean did they send acknowledgment letter, did you submit biometrics etc

[Raahi]

Yes I have done biometrics. Got my ihs partial refund as well. Nothing else

[bizman]

I think it’s better you apply for ILR on five year route

[aman90]

Do you have the right to work after ur AR refusal?

[Raahi]

No they didn't give me right to work in AR decesion but me immigration bail.

[aman90]

No they didn't give me right to work in AR decesion but me immigration bail.

Ok. Honestly, Im not informed enough to say whether you can vary to ILR under Tier1 after this. It didn't occur to me earlier that you had no right to work. Look into this further.
I did read a few posts that sounded hopeful for 10 years LR though.
I hope successful applicants in ur position answer you and find the right approach to this limbo ur in.

[bizman]

With consideration of your right to work after the refusal, it might be rational for you to wait till you are 10years before applying for ILR. It’s a very tricky situation but I think The 10years requirement is both legal and illegal times in UK. I will find out and revert.

[CR001]

With consideration of your right to work after the refusal, it might be rational for you to wait till you are 10years before applying for ILR. It’s a very tricky situation but I think The 10years requirement is both legal and illegal times in UK. I will find out and revert.

No it is NOT. There is no ILR route for illegal time since the HO removed the 14 years long residence route.

For ILR based on 10 years LR, ALL 10 years must be legal, which is precisely why I stated the below as if the current pending app is successful, the overstay will likely be overlooked or disregarded for ILR.

My understanding is that you would need your current application to be successful before you could qualify for ILR. If AR was refused, your section 3C protection ended at that point.

[bizman]

I just checked now. You are correct CR001

[Raahi]

So basically if my current application remains UNDECIDED untill the time of my 10 year ilr qualification.? can I apply for ilr that time or do i still need to wait for this application decesion first and it has it be must in my favor. What can be chances of getting it meanwhile application still pending
Thanx guys

[bizman]

I am actually surprised they have not been in touch with you after your Admin review refusal. Probably because you have an application with them. I will advise that you call them at intervals to follow up the present application and if it’s not decided before your 10 years, you might just try ILR then.