Entrepreneur Ext Interview Fresh (2nd) Application Over stay

[LIZANAZ]

Hi dear,
I have applied for Entrepreneur Ext in 18/03/2016 as Team. Unluckily, Our application was refused in 10/05/2016 following unsuccessful Admin Review in 28/07/2016. Then again We have applied as fresh application in 19/08/2016 using 28 days grace period. My interview is 08/02/2016.

My question is:
* How long it normally takes for getting result after interview?
* How the over stay rules calculate as I already 28 days once.

Please, is anyone can suggest me how can I avoid over stay if my application get refused again? NB: I have 11 months to go for 10 Years.

[zimba]

* How long it normally takes for getting result after interview?

No one can answer this, weeks or months

* How the over stay rules calculate as I already 28 days once.

You are an overstayer since you AR was refused

[LIZANAZ]

* How long it normally takes for getting result after interview?

No one can answer this, weeks or months

* How the over stay rules calculate as I already 28 days once.

You are an overstayer since you AR was refused

Thanks Zimba, but my solicitor says, still I am not overstayer as anyone can use 28 days once in 10 years. But if I refused by this second application, then I will be overstayer. OR, I can vary this application before getting the result to avoid overstayer. I am in a bit confusion with my solicitor statement. Please give me the correct path what can I do to avoid over stay?

[zimba]

Thanks Zimba, but my solicitor says, still I am not overstayer as anyone can use 28 days once in 10 years. But if I refused by this second application, then I will be overstayer. OR, I can vary this application before getting the result to avoid overstayer. I am in a bit confusion with my solicitor statement. Please give me the correct path what can I do to avoid over stay

When you file for a new application you have no valid leave and you are an overstayer. This overstaying period will be ignored for ILR though.
Like all the other solicitors, your solicitor is wrong. I am not really sure why you even pay people whose claims can be easily proven wrong via a simple google search.

Migrant’s status following submission of an application within 14 days of overstaying
The submission of an application within the 14 day consideration period of overstaying does not mean the migrant’s previous leave is either re -instated or extended. Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending

Page 8: https://www.gov.uk/government/uploads/s ... ers-v7.pdf

[businessmen aces]

I agree you just cant play with the system and get ILR if you 1st application is rejected you will be overstayer since you received enterprenuer visa as you were not able to satisfy the requirements for tier 1 entrepreneur visa

[sniperV]

when was your extension expired?

[LIZANAZ]

Migrant’s status following submission of an application within 14 days of overstaying
The submission of an application within the 14 day consideration period of overstaying does not mean the migrant’s previous leave is either re -instated or extended. Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending

Page 8: https://www.gov.uk/government/uploads/s ... ers-v7.pdf

As I know this rules will work on or after 24 November 2016. I submit my application 20/08/2016 varing FLRO application in 28 days. I had interview in 08/02/2017 and was nice.

Anyway,
Entrepreneur Ext in 18/03/2016 as Team.
Application refused in 10/05/2016
Admin Review in 28/07/2016.
fresh Entrepreneur application in 19/08/2016 using 28 days grace period.
My interview was 08/02/2017 & was nice.

My question is:
** How the over stay rules calculate as I already 28 days once, if my visa refused
** Is there any thing to avoid Over stayer

[zimba]

** How the over stay rules calculate as I already 28 days once, if my visa refused

You are an overstayer, being refused does not change that. If you successfully extend, this period of overstaying will be ignored for your 5 year ILR

** Is there any thing to avoid Over stayer

You must apply successfully to extend with an in time application

[nasiaziz]

You are an overstayer, being refused does not change that. If you successfully extend, this period of overstaying will be ignored for your 5 year ILR


so this period of overstaying is only ignored for the 5 year ILR route or 10 years aswell?