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hi, my partner is from Nigeria i am British, we have 3 kids…

hi, my partner is from...
hi, my partner is from Nigeria i am British, we have 3 kids all born in uk aged up to 5 years, they are all British with UK passports, she currentlly has limited leave to remain until november 2012. she has been told about a Business Visa and to get this she has told me that she needs to show that she has invested £200,000 in her UK business [a property business]. Is this true? and can i give/lend her this money and thus she gets a permanent visa? a permanent visa is waht we hope for.

thanks

PM
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Answered in 4 minutes by:
3/12/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,691
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. On what basis did she obtain her current leave to remain? What visa?
2. How long have you cohabited for?

Kind regards.
Tom
Ask Your Own UK Immigration Law Question

Hi,
Are you able to respond to my above post to enable me to answer please?
Kind regards,

Tom
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Customer reply replied 6 years ago
hi

sorry for delay, had familly problems.
we have lived together for 6 years. she was in the UK on a student visa or similar but did not realise that she could only be in the UK for up to 6 months per year, she did not realise that she had broken the rules. 3 or 4 years ago we appled for a visa and she got "3 years limited leave to remain" which expires in November 2012 but we are told that we can then expect to have it extended for another 2 or 3 years after which permanent leave to remain should be granted. but that permanent leave to remain will be about 3 years away. she wants to get the right to remain much quicker than that so she can raise money etc to run a business [its not possible to get loans with limited leave to remain]. she has heard that she can get a permanent visa by showing that she has invested £200,000 in a business - is this true?

thanks

Hi
Thanks for your reply.
I believe that she is referring to a Tier 1 Entrepreneur Visa. This is a visa granted to entrepreneurs to enable them to come to the UK to advance their business and create business for the UK economy:
You will see from the following link that as part of the eligibility requirements an applicant must have access to £200, 000.00 to apply:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/eligibility/
However, if an application is successful they only get leave to remain. They do not get indefinite leave to remain (ie. permanent leave to remain) until they have been here on the visa for three years (if the business is very successful) or five years (otherwise):-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/settlement/
Even if she was successful in applying then the three/five year period would only count from the date she received her entrepreneur visa, her time here already would be discounted.
She will have no trouble getting further leave to remain if you have UK citizen children here and you are able to support yourselves. She should just apply in good time before her visa expires. Once she has been on her renewed leave to remain after November 2012 so that her total time since she was granted her current 3 years leave to remain she will be eligible to apply for settlement (ie. indefinite leave to remain) provided she has not spent much time outside of the country.

Apply for the entrepreneur visa is the wrong (and very expensive) way to go about it

.If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Customer reply replied 6 years ago
hi Thomas

Thank you for your answer, i just would like you to confirm to me that once the new leave to remain is given in November [she has spent NO time outside of the UK], then she can apply for permanent leave to remain straight away? and if so, when is she likely to recieve it? a few weeks or months later?
And - can she apply for this new leave to remain right now or should she wait until near to November?

many thanks

PM
Hi PM.

She can apply for Indefinite Leave to Remain 5 years after the date she obtain her current leave to remain. You state that she received it "three or four years ago". You need to find the precise date.

Once you have she will be able to apply for Indefinite Leave to Remain 5 years after that date ONLY if she has no gaps in her leave to remain. That is why she must make an applicatoin for an extension before her current leave to remain expies.

She should apply no earlier than 28 days before her current leave to remain expires. So, in November I would presume.

Please click accept.

Kind regards,

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 6 years ago
hi Thomas

so - with the entrepreneur visa it will be 3 years from now [if she applies now] and with the leave to remain visa it will be 5 years after her initial 3-year limited leave to remain visa was granted in November 2009 - ie two and a half years from now. [althought it was applied for many months, maybe a year before that].

is this correct?


thanks
Hi,

If she got her current visa in November 2009 then she can apply for ILR in November 2014.

If she switched to the entrepeneur visa then she should apply in November 2015 only if she meet the criteria on the above link I sent you (ie. the business was EXTREMELY successful).

She should not switch.

Please click accept now, you will agree I have answered your question in detail.

Tom
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Customer reply replied 6 years ago
Thomas,
i promise to click the accept button, you have been very helpful. i just wanted to ask - though perhaps this constitutes a new request - do you know a way for her to get a permanent right to remain visa or similar sooner than november 2014 [or immediatelly]?

many thanks

PM
PM,

No, there are no 'magic bullets' I'm afraid

Please click accept.

Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,691
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 5 years ago
hi Tom

its me again, i hope you have been keeping well.

my [Nigerian] partner and i seem to be splitting up, she is adamant that she wants to apply for the next visa to remian in UK on her own, without me as her parnter being a part of the application, that is why she wants the business visa [that you advise against] as she will be independent of me with such an application. But it seems [to me] that she will get the right to remain visa renewed for another 3 years even if she is NOT in a relationship with me [we share 3 children all born and lived entirely in UK]. i believe it will be granted due to human rights [article 8?], note that i can and will financially support both her and the children.

am i correct in thinking that she will be successful as a single person? or is it essential that we remain together for such an application?

many thanks

PM
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Customer reply replied 5 years ago
hi
thanks for your answer, a couple more connected questions

what would her chance be of getting her visa extended by this [right to familly life] method? is it better/worse/the same as if we apply for the visa as a couple?
if she gets a visa by this method does the same situation take affect that she will get 3 year visa and after 2 years she can apply for permanent right to remain?

thanks
PM
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Customer reply replied 5 years ago
hi
thanks, but to clarify - i can show that she would not need public funds, are her chances better/worse/the same as if we apply as a couple?

also, you say 5 years, she has already lived here for over 5 years but it was not withing the rules [she had a wrong visa untill she appled for right to remain 3 years ago]. if she can show that she has lived here for 5 years even though it was the wrong visa, can she apply? or do you mean 5 years after her proper visa was issued?

thanks
PM
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Customer reply replied 5 years ago
hi Tom

i need to ask more minor questions to get this all clear and settled in my head, [i dont mind paying more - how can i do this?]

i need to ask - how much better is that chance if we are a couple as opposed to separated? ....[surely, as she has 3 British kids, she is pretty certain to be able to stay - whether single or a couple]

thanks
PM
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Customer reply replied 5 years ago
hi Tom

did our recent correspondence get paid for etc? i was expecting to have to click an agree and pay button but it didnt seem to be there when i went back to look., maybe it happened automatically. please let me know if you are waiting for me to do something. thanks, PM
Hi

You need to but further question to the board requesting me either by my profile or by marking your question “FAO Tom”.

I will answer your new questions on that thread once you have posted it.

Kind regards.

Tom
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