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on May 9, 2022
Our client approached us with approximately two months remaining on his visa. He explained that while he had established his business in the UK, it had taken some time for it to make money and he was not able to employ the required number of people for the required number of months.
We noted from our client’s paperwork that he was short by two months regarding the job creation requirement. We noted that our client’s visa was expiring before he could fulfil the job creation requirement, so we had to strategise with our client to ensure we could take him to the required time despite his visa expiring earlier.
We advised the client that we should submit the application for the extension of the Tier 1 Entrepreneur visa to ensure that his visa did not expire. However, given that the process of submitting applications can take time, this would give us the opportunity to fulfil a further two months and the job creation requirement.
We provided our client with a documents list which outlined all documents needed for a successful application. We advised our client that he should provide us with the documents needed to fulfil the job creation requirement. We prepared the legal representations and the application and submitted on behalf of the client. Following the submission of the application, our client was unable to book his biometric appointment at the visa application centre, which meant that the delay helped in allowing the client to fulfil the job creation requirement.
As enough time had now elapsed, we then submitted a variation of the initial application, but now providing all details regarding the job creation requirement. The initial application would be withdrawn, and the application fee would be refunded by the Home Office, which would consider the new varied application.
After approximately six weeks, we received notification from the Home Office that our client’s application for an extension was granted. Our client was relieved that our strategy had worked and the processing of the application went exactly as planned.
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