HO decided to reconsider my application

[Arslaan]

After almost 2 years, I have received HO letter stating to reconsider my Tier 1 (entrepreneur) application which was submitted in December 2012 and ask me to sent passports of all dependents.

Now I am aware HO has lost the case in regard to TOEIC and this letter could be because of it.When I got my refusal in July 2014, the only reason was TOEIC stating it was proxy who did the test instead of me. Anyone here got similar situation and received any letter from HO.

Thanks

[Arslaan]

After waiting so long, I received refusal letter from HO dated 19th December 2016 stating the third party funds I originally had won't be available as it's been over 4 years since I originally submitted my Tier 1 application. Initially when my appplication was refused in July 2014, I was granted points for funding and only reason was TOEIC scandal.

Now in this latest decision they have granted me TOEIC points but refused points for funding. My question is can HO just changes the reason for sake of refusing as I was under the impression they will be either giving me points for TOEIC or deducting them. (grant me the visa)

Secondly, does this 4 years of application time counts as LEGAL stay because if it does than my 10 years of legal stay are completed in this country. Now I have been given right to appeal against this so what will you guys suggest what shall I do?

Need expertise advice asap please

[FSD]

Senior members can give you better advise about your stay can be counted towards 10 years or not but you need to take any course of action within the given time by HO otherwise you will be overstay. If you do not get appropriate advise then better to go for appeal so you can get some time to consult with experts to take further action.

[zimba]

Did you apply in 2012 when you had a valid visa ? Have you been waiting for two years since then ? This is important to determine your status in the UK within these two years. I guess this must be the case as you are given the right to appeal the decision now. HO should have given you an opportunity to prove the funds are still available to you.
If your 10 year is up and you were covered by section 3C in these two years, you can go for ILR directly. If you need to buy more time (given your section 3C is still continuing) you can appeal the decision and prepare for ILR in the meantime.

[Arslaan]

Did you apply in 2012 when you had a valid visa ? Have you been waiting for two years since then ? This is important to determine your status in the UK within these two years. I guess this must be the case as you are given the right to appeal the decision now. HO should have given you an opportunity to prove the funds are still available to you.
If your 10 year is up and you were covered by section 3C in these two years, you can go for ILR directly. If you need to buy more time (given your section 3C is still continuing) you can appeal the decision and prepare for ILR in the meantime.

Yes I had valid visa when I applied for Tier-1 in 2012.

Initially tier-1 was refused due to TOEIC scam in July 2014 with right of appeal. I did appeal against the decision and I was waiting for court hearing date which never came. Also this year in April 2016 I recieved letter from HO asking me to send my passport (along with my dependents) as they were reconsidering my Tier-1 application.

Now I have received letter from HO dated 19th December refusing my application stating they doubt that I still got funds available. I have right to appeal which I have already sent.

In all this time, I never received any correspondence from HO asking me to provide evidence if I still got funding available.

Also since August 2014, I have been going to HO for reporting which was every two weeks then but now it's once every month. Can you please advise how to check if I am covered with section 3c.

Thanks

[zimba]

Based on what you said, you are still covered by section 3C as time spent on appeal is counted. You can apply for ILR on the 10 years basis now