URGENT - VISA T1 Gen Ent - 50K Refused and AR refused

[grescox]

Hello all,

My Visa T1 General Entrepreneur was refused I applied for an AR and they maintained the decision. I received the AR decision letter today. I was switching from Graduate Ent to General Ent 50K.

I am planning to apply to a partner visa since my girlfriend is European and we have been living together for 2 years.

Can I do this, considering that I am now an overstayer?

If so, can I carrying invoicing with my company, since I am still doing business here in the UK?

Thank you very much guys in advance for any help or thoughts!!

[CR001]

There is not 'Tier 1 General Entrepreneur' category. It is simply 'Tier 1 Entrepreneur'. Tier 1 General is a completely different visa.

To apply for a EEA Extended Family Permit based on your girlfriend, you will be required to submit rock solid evidence of 'two years living together in a relationship akin to marriage' to qualify and even then, it will be scrutinised given your recent refusal and being in the UK with no legal status now.

You have no automatic rights based on your EU partner and if your Tier 1 Ent has already expired, you have no right to work in any capacity either and have been an overstayer since it expired.

[grescox]

Hi CR001, Many thanks for your prompt reply, really appreciate it. Do you know that if for example I apply again to the Entrepreneur visa I could carry on doing business with my company?

Thank you.

[CR001]

If you have been given the option of applying within 14 days of the AR refusal then I would imagine yes.

As you have no history on the forum, why was your Tier 1 Ent refused?

[grescox]

They made a mistake. I will try to be brief.

I sent my HMRC welcome letter and my NI 2 bills to meet the requirement of having a business running in the UK.

I could meet the requirement with either the welcome letter or the NI 2 bill.

In the first refusal they said that the welcome letter was OK but the NI 2 bill wasn't the last one.

In my Admin Review I explained that actually I was meeting the requirement already with the welcome letter. Secondly, I sent the last NI Bill 2 that I received from HMRC. At the moment of sending my original application I hadn't even received the new NI bill 2. I offered them to send this new one once I received it from the HMRC.

I feel really frustrated because I feel it's very unfair. I read the guidance many times and I was sure what I was doing, but I don't really know what to do now.

[grescox]

More details
Switching form GE to Tier 1 50K route
Application sent: 22/01/2017
Refusal: 23/02/2017
Admin review sent: 23/02/2017
Admin review refusal: 28/04/2017

My registration with HMRC was a self-employed and I have a software development business.

[Ali272]

You have 14 days after AR to apply for the second application. I switched from Graduate E to Tier 1 E last year. If I was you I would get a good lawyer, It is worth the price. It seems like you can't handle it yourself.

You will be scrutinized if you want to switch to partner visa. You just got rejected for Tier 1 E and that's the red flag. They will be so tough on you.

In my opinion the best thing to do in your case is to apply for the second time.

[grescox]

Hi Ali272,

Many thanks for taking the time in replying.

Yes I think that I'll talk to a lawyer and see what my options are. But I also think that they will be very though on me of I apply for the partner visa, so we'll see how it goes.

[CR001]

I apply for the partner visa, so we'll see how it goes.

You need to understand and use the correct terminology. If you apply based on your partner, it is a Residence Card, which is NOT a visa.

[grescox]

Ok CR001, thanks for the correction.

I'll let you guys know tomorrow after I meet the solicitor so maybe that advise can also help other members of the forum.