Tier 1 to long residence ( help needed)

[Aea19]

Arrived in UK on 19/09/2010 on Student Visa
Student Visa Extension in March 2011
PSW August 2012
Tier 1 Entrepreneur Application in July 2014
Application Refused in March 2015
Appeal Launched within 14 days
Appeal Granted in July 2015
Received Tier 1 (Entrepreneur) Three years Visa in Sept-2015
Application For Extension in Sept-2018
Application Refused in March-2020 on basis of interview (main points are genuineness of business)
Admin Review First Week of April 2020
Admin Review Refused on 16-Sept-2020 (3 days before completion of 10 years)
An application under FLR (FP) submitted in Sept-2020
Pre-Action Protocol (PAP) submitted to home office on 04-11-2020.
Reply Received on 02/12/2020
The home office requested 6 months' time for reconsideration of the application.
meanwhile, the FLR(FP) application has been withdrawn.
Still waiting for a reconsideration response.

Refusal Reasons:
There are no issues in application. I have fulfilled all the required conditions (2 employees, 55K investment, business activity, and all other visa conditions). I am running a genuine business, the caseworker did not give any other reason other than the interview questionnaire. main points of refusal are
1- The Employee is an MBA Degree holder and he is over-qualified for this job.
2- The interviewer asked for original Employee contracts which I was not able to produce because the originals were sent along with the applicaiton. I have provided all other required documents.
3- The turnover in the last three months was less than in the previous months.
4- I have a partner who deals with clients with accountancy requirements. The interviewer asked me to produce some documents regarding one of the clients. My business partner deals with that client solely, as I look after the management and compliance side of the business. My business partner was with the same client at the time of the interview. I replied to him that if I knew that you are going to ask about the business partner I would request him to attend the interview or stay in the office.
4- He accused my of doing taxis (I did taxis for couple of weeks when I had PSW visa at a time when I had the permission to do so)

Question:

I have completed 10 years of continuous legal residence in the UK. My legal advisors had advised me to clear the allegations that is why I am waiting for the Home Office response.
Meanwhile, I have completed the 5 years under Tier 1 (Entrepreneur) Visa as well because I have received the first visa on 18/09/2015. Technically, my five years under Tier 1 terms and conditions were completed on 18/09/2020.

My question is if I will receive the Tier 1 (E) extension. Can I apply for ILR under Set (O) conditions? It will help my partner to receive the ILR after completing her 5 years of residence with me in the UK. She arrived in the UK on 23/03/2018. I have a daughter who was born on 02/01/2019 and I did not apply for any visa for her as I am waiting to receive an answer from Home Office.

I have two employees 1 is working 100 hours since May 2021 and another employee is on Furlough now. But with my application, I have submitted the proof of the creation of two full-time jobs. One employee worked exactly 12 months while the other employee still working with me for over fours years but since the pandemic, his hours are reduced to 100 hours a month.

I will be grateful to moderators If they can help me with this. I have sought the advice of a solicitor who says that I meet the requirements but I am not sure at the moment. I am confused that Do I have to create two jobs for another 12 months or the previously created jobs will suffice the purpose.

Thank you in advance and looking after a quick response.

@zimba
@marcnath

[zimba]

You have been an overstayer since 16-Sept-2020. If I were you I would have applied for SET(LR) back then as you were eligible rather than FLR(FP). Now you must regularise your stay before any further action is taken. I assume is the reconsideration is for your extension ?? If you want to apply via SET(O) you need to get an extension first and satisfy the job creation AFTER the grant of extension.

p.s. why did you register a new user ?? This is not allowed under the T&C of the forum. Your new user will be disabled

[Aea19]

Sorry for that ...but it was actually my brother' s post..and no moderator was replying...so i just post it again from my account...it won't happenes again.... kindly activate the account he want to ask some questions.its a request please

[CR001]

What is the other username??

[Aea19]

Asadali84.
Thanku so much.

[zimba]

Asadali84.
Thanku so much.

Done. member/Asadali84/

[Aea19]

Hello moderators,
I received my passport back from HO after 3 years with nothing in it ...and no letter as well....what does that mean...did they have a decision on my application ? With your experience of all cases can you guide me,is it customary?
Thanks

[Aea19]

As i heard they can only return your passport if you take your application back.... which I don't...my application is still under consideration....

[Aea19]

Hello,
how long should i wait for any moderator to reply on my post ?
Already waiting for home office to reply since forever now at least kind moderators should reply if they have answer..

[AmazonianX]

Hello,
how long should i wait for any moderator to reply on my post ?
Already waiting for home office to reply since forever now at least kind moderators should reply if they have answer..

It is important you get correct, helpful and relevant answer to your enquiry. So you will get a response when moderator with the requisite knowledge to answer comes by your post. Patience

[Aea19]

I have one more question ,as my application is under consideration for more than 3 years now, can i travel from uk to my country with any travel document by home office if we requested? or we have to stay in uk as long as they have undecided visa application.

[CR001]

If you leave the UK while an application pending, it will be considered withdrawn and you lose the fee and your section 3C protection ends.

[Aea19]

Thanks @CR001 for replying....the one thing i want to confirm is ,
1. as the case is in the pap (home office withdraw their original decision in favour of reconsideration)....is my 3c still intact or i am an overstayer?
2. As i received our passports out of no where after 3 years of initial application ,does it mean something ( is our application has been decided) asking only if you came across similar case.... actually at this point even these small things give us support.

[zimba]

Thanks CR001 for replying....the one thing i want to confirm is ,
1. as the case is in the pap (home office withdraw their original decision in favour of reconsideration)....is my 3c still intact or i am an overstayer?
2. As i received our passports out of no where after 3 years of initial application ,does it mean something ( is our application has been decided) asking only if you came across similar case.... actually at this point even these small things give us support.

What application they are reconsidering ?

[Aea19]

Tier 1 extension application.

[Aea19]

Tier 1 extension

Arrived in UK on 19/09/2010 on Student Visa
Student Visa Extension in March 2011
PSW August 2012
Tier 1 Entrepreneur Application in July 2014
Application Refused in March 2015
Appeal Launched within 14 days
Appeal Granted in July 2015
Received Tier 1 (Entrepreneur) Three years Visa in Sept-2015
Application For Extension in Sept-2018
Application Refused in March-2020 on basis of interview (main points are genuineness of business)
Admin Review First Week of April 2020
Admin Review Refused on 16-Sept-2020 (3 days before completion of 10 years)
An application under FLR (FP) submitted in Sept-2020
Pre-Action Protocol (PAP) submitted to home office on 04-11-2020.
Reply Received on 02/12/2020
The home office requested 6 months' time for reconsideration of the application.
meanwhile, the FLR(FP) application has been withdrawn.
Still waiting for a reconsideration response.

Refusal Reasons:
There are no issues in application. I have fulfilled all the required conditions (2 employees, 55K investment, business activity, and all other visa conditions). I am running a genuine business, the caseworker did not give any other reason other than the interview questionnaire. main points of refusal are
1- The Employee is an MBA Degree holder and he is over-qualified for this job.
2- The interviewer asked for original Employee contracts which I was not able to produce because the originals were sent along with the applicaiton. I have provided all other required documents.
3- The turnover in the last three months was less than in the previous months.
4- I have a partner who deals with clients with accountancy requirements. The interviewer asked me to produce some documents regarding one of the clients. My business partner deals with that client solely, as I look after the management and compliance side of the business. My business partner was with the same client at the time of the interview. I replied to him that if I knew that you are going to ask about the business partner I would request him to attend the interview or stay in the office.
4- He accused my of doing taxis (I did taxis for couple of weeks when I had PSW visa at a time when I had the permission to do so)

Question:

I have completed 10 years of continuous legal residence in the UK. My legal advisors had advised me to clear the allegations that is why I am waiting for the Home Office response.
Meanwhile, I have completed the 5 years under Tier 1 (Entrepreneur) Visa as well because I have received the first visa on 18/09/2015. Technically, my five years under Tier 1 terms and conditions were completed on 18/09/2020.

My question is if I will receive the Tier 1 (E) extension. Can I apply for ILR under Set (O) conditions? It will help my partner to receive the ILR after completing her 5 years of residence with me in the UK. She arrived in the UK on 23/03/2018. I have a daughter who was born on 02/01/2019 and I did not apply for any visa for her as I am waiting to receive an answer from Home Office.

I have two employees 1 is working 100 hours since May 2021 and another employee is on Furlough now. But with my application, I have submitted the proof of the creation of two full-time jobs. One employee worked exactly 12 months while the other employee still working with me for over fours years but since the pandemic, his hours are reduced to 100 hours a month.

I will be grateful to moderators If they can help me with this. I have sought the advice of a solicitor who says that I meet the requirements but I am not sure at the moment. I am confused that Do I have to create two jobs for another 12 months or the previously created jobs will suffice the purpose.

Thank you in advance and looking after a quick response.

@zimba
@marcnath

[zimba]

If they are reconsidering the extension then your section 3C is there.

[Aea19]

Just wondering, what if they refuse again in reconsideration , does my 3c protection end on the day of reconsideration decision or back to the day when i was refused in AR?

[zimba]

Just wondering, what if they refuse again in reconsideration , does my 3c protection end on the day of reconsideration decision or back to the day when i was refused in AR?

When AR is concluded and refused

[Nandini Eravathri]

Tier 1 extension

Arrived in UK on 19/09/2010 on Student Visa
Student Visa Extension in March 2011
PSW August 2012
Tier 1 Entrepreneur Application in July 2014
Application Refused in March 2015
Appeal Launched within 14 days
Appeal Granted in July 2015
Received Tier 1 (Entrepreneur) Three years Visa in Sept-2015
Application For Extension in Sept-2018
Application Refused in March-2020 on basis of interview (main points are genuineness of business)
Admin Review First Week of April 2020
Admin Review Refused on 16-Sept-2020 (3 days before completion of 10 years)
An application under FLR (FP) submitted in Sept-2020
Pre-Action Protocol (PAP) submitted to home office on 04-11-2020.
Reply Received on 02/12/2020
The home office requested 6 months' time for reconsideration of the application.
meanwhile, the FLR(FP) application has been withdrawn.
Still waiting for a reconsideration response.

Refusal Reasons:
There are no issues in application. I have fulfilled all the required conditions (2 employees, 55K investment, business activity, and all other visa conditions). I am running a genuine business, the caseworker did not give any other reason other than the interview questionnaire. main points of refusal are
1- The Employee is an MBA Degree holder and he is over-qualified for this job.
2- The interviewer asked for original Employee contracts which I was not able to produce because the originals were sent along with the applicaiton. I have provided all other required documents.
3- The turnover in the last three months was less than in the previous months.
4- I have a partner who deals with clients with accountancy requirements. The interviewer asked me to produce some documents regarding one of the clients. My business partner deals with that client solely, as I look after the management and compliance side of the business. My business partner was with the same client at the time of the interview. I replied to him that if I knew that you are going to ask about the business partner I would request him to attend the interview or stay in the office.
4- He accused my of doing taxis (I did taxis for couple of weeks when I had PSW visa at a time when I had the permission to do so)

Question:

I have completed 10 years of continuous legal residence in the UK. My legal advisors had advised me to clear the allegations that is why I am waiting for the Home Office response.
Meanwhile, I have completed the 5 years under Tier 1 (Entrepreneur) Visa as well because I have received the first visa on 18/09/2015. Technically, my five years under Tier 1 terms and conditions were completed on 18/09/2020.

My question is if I will receive the Tier 1 (E) extension. Can I apply for ILR under Set (O) conditions? It will help my partner to receive the ILR after completing her 5 years of residence with me in the UK. She arrived in the UK on 23/03/2018. I have a daughter who was born on 02/01/2019 and I did not apply for any visa for her as I am waiting to receive an answer from Home Office.

I have two employees 1 is working 100 hours since May 2021 and another employee is on Furlough now. But with my application, I have submitted the proof of the creation of two full-time jobs. One employee worked exactly 12 months while the other employee still working with me for over fours years but since the pandemic, his hours are reduced to 100 hours a month.

I will be grateful to moderators If they can help me with this. I have sought the advice of a solicitor who says that I meet the requirements but I am not sure at the moment. I am confused that Do I have to create two jobs for another 12 months or the previously created jobs will suffice the purpose.

Thank you in advance and looking after a quick response.

@zimba
@marcnath

Hi
Have you got the response in 6 months?
please let me know

[Aea19]

Nope i got response after 11 months

[Nandini Eravathri]

Nope i got response after 11 months

Even my visa is under reconsideration. They have given 3 months for reconsideration
today is the 91st day.
what should i do and have you got the positive response
please let me know what to do furthur it will be helpful
Thanks

[zimba]

Nope i got response after 11 months

Even my visa is under reconsideration. They have given 3 months for reconsideration
today is the 91st day.
what should i do and have you got the positive response
please let me know what to do furthur it will be helpful
Thanks

This is not your post and it seems your pending visa application has nothing to do with ILR. Stick to your own post

uk-tier-1-entrepreneur-visas/tier-1-dep ... l#p2051013

[Aea19]

They sent me brp after one year of reconsideration with no prior email or any letter...after that i applied for ilr and got that too.