Tier 1 (Ent) Extension refused, still 3months gap for 10 yrs

[arm0207]

Hi,

I have been in UK since 14/10/2006
Student Visa then PSW and then Tier 1 Entrepreneur

Tier 1 Ent was expiring 26th Mar 2016. I wasn't sure what to do, but on the advise of solicitor I applied for Tier 1 Ent Extension. Missed first bio and gave 2nd on 23rd May 2016. My solicitor got my Refusal on 9/6/16. He phoned me to inform and the reason for refusal he said is they are satisfied with the investment and the employment completed ( I knew I didn't meet the requirements so was expecting this).

I would like your advise about what to do next to complete my 10 years? I was gonna vary my application this month but they decided within few days of bio. Please let me know what senior members on here think is the best option for me to complete 10 years without breaking my 3c leave?

One question I have is, I have been told by solicitor that 28 days before completing 10 years rule only applies to people with valid leave to remain, So It wouldn't apply in my case as my leave has been expired, I will have to complete 10 years somehow to qualify. Is that true?

Best Regards,

[noajthan]

Hi,

...

on the advise of solicitor I applied for Tier 1 Ent Extension. Missed first bio and gave 2nd on 23rd May 2016. My solicitor got my Refusal on 9/6/16. He phoned me to inform and the reason for refusal he said is they are satisfied with the investment and the employment completed ( I knew I didn't meet the requirements so was expecting this).

I would like your advise about what to do next to complete my 10 years? I was gonna vary my application this month but they decided within few days of bio.

...

I assume you meant "not":

they are not satisfied with the investment and the employment completed

( I knew I didn't meet the requirements so was expecting this).

HO are clamping down on speculative applications made solely to buy time. Hence the quick turnaround on this case.

As the T1E extension failed due to not fulfilling criteria for T1E then its not clear how getting to 10 years will help.
My understanding is such factors (as not complying with terms of a prior visa) will influence and impact the decision on 10 years LR.

Suggest draw up a Plan B.

[arm0207]

Thanks for your reply Noajthan.

I applied for AR on 14 day which was 21nd June. Even AR was refused on 1st of July. Which was a bit faster than I expected.

What would be your suggestions about future plan? I can see that my situation is really tricky at this stage.

Thanks in Advance

[noajthan]

Thanks for your reply Noajthan.

I applied for AR on 14 day which was 21nd June. Even AR was refused on 1st of July. Which was a bit faster than I expected.

What would be your suggestions about future plan? I can see that my situation is really tricky at this stage.

Thanks in Advance

Yep, HO is generally on the ball and plays hard ball.

Clearly you need a visa/settled status in order to have the option of remaining in UK.
You haven't said enough about your case and circumstances for anyone to formulate an opinion on your options.

[arm0207]

I thought I had provided detailed info about my case, but I think I can provide a more detailed situation.

I was first granted student visa on 14th oct 2006. My first entry date was 16th Oct 2006. I had 3 student extensions before I was granted PSW in Oct 2010. During that time I had completed my BSc, MSc and ACCA. In Oct 2012 I applied for Tier 1 Ent, which was granted in Mar 2013 for 3 years. It was due to expire on 26th March 2016, when I applied Tier 1 Ent Extension just a couple of days before the expiry date. Which was then Refused on 8th June. Then I filed AR on 21st June which was refused on 1st July. I have my wife as my Tier 1 dependent who joined me last year in July. and I have a baby who was born in May this year in the UK.

From the refusal date of Tier 1 Ent Extension AR, I have exactly 3 and half months to complete 10 years of lawful residence in the UK.( In the title of this thread I mentioned 3 months gap because that was taking into account of 28 days grace period which I am not sure anymore applies to my case or not)

I hope this will help the experts in providing their advise which is highly appreciated.

Many Thanks.......

[arm0207]

Any Suggestions??