ILR qualification / Extension of Tier 1 Entrepreneur Visa Rejected

[rochelle86]

Hello,

I had applied for Tier 1 Extension of Entrepreneur Visa and it stated on the website Decided. However I didnt receive any communication from HO. My solicitor chased with them and no response. Meanwhile I qualified for ILR and applied on premium counter service on 28Dec. When i went they accepted my ILR application , however stated that my Tier 1 visa was rejected on 8Nov and given admin review right. I advised no communication received to me or to my solicitor. The case worker advised need to contact the Tier 1 case work explaining this however i qualify for ILR .

Please assist what happens in this situation when I never received refusal letter from HO.


Many Thanks

Regards,
Rochelle

[Momi]

That's the only reason I always say to my friend to stay away from so called solicitors.
You solicitors should have received the refusal but I'm sure he just ignored it.

[Rockey]

Sorry for your visa refusal..Could you please share something the reason of refusal if you know so that we can help ..

[CR001]

You posted on the 9th November that your initial application was rejected and AR refused, which ended your section 3C.

Which application is being referred to as refused on 8th November? What date did your initial application get refused and AR refused and what date did you submit another application?

You also posted in another topic that your company had been dormant till June 2017, so what have you been doing for the time you have been on Tier 1 if you had a dormant non trading company??

You also posted in another topic that you had been advised to submit FLR(FP) to 'buy time' to reach 10 years LR??

In order for anyone to offer any decent advice, you need to state all your facts, dates, visas held and immigration history.

[rochelle86]

Hello,

Apologies for the confusions as I have posted few times for some queries. Please see below is the history what I have applied so far

Oct 16 - Initial application for Extension of Tier Entrepreneur visa with my Husband as my Dependent.
Mar17- Visa rejected applied for Admin review which also got rejected
Apr17- Made new application for Tier 1Extension of Entrepreneur visa with Dependent and lost the 3C rights.

Since I was completing my 10 years on 22Jan18 in UK and I can apply for ILR 28 days prior I was preparing was it was well. Since my husband lost the 3C right I was unable to show the income trash of 18000k requirement. Hence I showed some dividend through my company to meet the criteria. I was asking about FLR FP just to know just in case my second application gets rejected well before I qualify for ILR whether that can be an option . Again about dormat account is my second company which I didnt show any transaction so that is sorted.

My second application status was showing as decided however no communication received to myself or to solicitor. He has on 29Nov chased with HO and been advised to wait for the letter. I went for my ILR on 28DEc17 and applied for it. The have considered my application but advised me about the refusal of my second application which I never received it.

The case worker advised need to contact the Tier 1 case work explaining this however i qualify for ILR .

Please assist what happens in this situation when I never received refusal letter from HO.

[CR001]

You don't qualify for ILR long residence if you do not have 10 years of legal residence. You lost that when Section 3C protection ended and have had no legal stay since the AR was refused.

Why was your initial Tier 1 Ent refused?

[Momi]

You don't qualify for ILR long residence if you do not have 10 years of legal residence. You lost that when Section 3C protection ended and have had no legal stay since the AR was refused.

Why was your initial Tier 1 Ent refused?

WRONG ADVISE!!!!!!!!!!

Yes 3c breaks when your 1st application refused but home office do consider ILR if you have 2nd pending application. It has been discussed already and I personally know many people who got ILR after varying their 2nd application.

In your case, you are an overstayer.
You and your solicitor need to convince case worker that you haven't received the refusal. You will loose all 10 years if home office finds a valid tracking number showing your letter has been delivered.
It has happened with one of the person.
I can only pray that hopefully it will be home office fault whereas i am more than 100% that it's a negligence from your solicitor side.
Best of luck

[Momi]

You don't qualify for ILR long residence if you do not have 10 years of legal residence. You lost that when Section 3C protection ended and have had no legal stay since the AR was refused.

Why was your initial Tier 1 Ent refused?

uk-tier-1-entrepreneur-visas/ten-year-c ... l#p1569571

[CR001]

You don't qualify for ILR long residence if you do not have 10 years of legal residence. You lost that when Section 3C protection ended and have had no legal stay since the AR was refused.

Why was your initial Tier 1 Ent refused?

uk-tier-1-entrepreneur-visas/ten-year-c ... l#p1569571

I have based my post on the OPs statement of the second application being refused and the overstay which would NORMALLY be ignored, is exceeded. No need to get all uppity!

[Baba G]

You don't qualify for ILR long residence if you do not have 10 years of legal residence. You lost that when Section 3C protection ended and have had no legal stay since the AR was refused.

Why was your initial Tier 1 Ent refused?

WRONG ADVISE!!!!!!!!!!

Yes 3c breaks when your 1st application refused but home office do consider ILR if you have 2nd pending application. It has been discussed already and I personally know many people who got ILR after varying their 2nd application.

In your case, you are an overstayer.
You and your solicitor need to convince case worker that you haven't received the refusal. You will loose all 10 years if home office finds a valid tracking number showing your letter has been delivered.
It has happened with one of the person.
I can only pray that hopefully it will be home office fault whereas i am more than 100% that it's a negligence from your solicitor side.
Best of luck

But I think in her case refusal letter has been sent to her according to ILR dept in Nov which she is not aware of. But still her Ilr approved.
As far as I understand, Even if your second application get rejected and you are in process of PAP and you apply for Ilr for ten years residency, they will approve your ILR application.

[starfashion]

Rules is Straight forward if your First application is Rejected then Your 3C Leave finish in 14 Days of your AR Decision. But I know some people they varied Second Application and got ILR.
Your Second application Rejected Before 10 Years ILR Qualification so I am not sure in your Case.

[Baba G]

Rules is Straight forward if your First application is Rejected then Your 3C Leave finish in 14 Days of your AR Decision. But I know some people they varied Second Application and got ILR.
Your Second application Rejected Before 10 Years ILR Qualification so I am not sure in your Case.

OP has stated that she got the approval at some point for ILR. If rules you stated applies, she will be refused straight away.

[starfashion]

OP has stated that she got the approval at some point for ILR. If rules you stated applies, she will be refused straight away.

Yes, I seen some people Varied second application and received ILR. And sure that your 3C leave ends in 14 days of Intime Application or AR Decision Date.

[Rykhan]

Dear momi and startfashion happy new year to you and all bored members.
My query is I am in same situation my first exstention application was refused and AR refused as well I applied fresh application which is still pending and during that time I have completed my 10 years now I am confused based on different kind of information some saying it’s ok to go for ILR and some saying my 3c is broken I have to wait for my pending application could you please help as you said you know someone who had same situation and they got ILR. Thanks

[Momi]

Dear momi and startfashion happy new year to you and all bored members.
My query is I am in same situation my first exstention application was refused and AR refused as well I applied fresh application which is still pending and during that time I have completed my 10 years now I am confused based on different kind of information some saying it’s ok to go for ILR and some saying my 3c is broken I have to wait for my pending application could you please help as you said you know someone who had same situation and they got ILR. Thanks

Yes. You can apply for ILR. Don't confuse yourself from other people posts.
Read it
uk-tier-1-entrepreneur-visas/ten-year-c ... l#p1569571

[Momi]

Dear momi and startfashion happy new year to you and all bored members.
My query is I am in same situation my first exstention application was refused and AR refused as well I applied fresh application which is still pending and during that time I have completed my 10 years now I am confused based on different kind of information some saying it’s ok to go for ILR and some saying my 3c is broken I have to wait for my pending application could you please help as you said you know someone who had same situation and they got ILR. Thanks

Yes. You can apply for ILR. Don't confuse yourself from other people posts.
You can't apply ILR if you are waiting for JR outcome.
AR is not like an appeal or judicial review but it's home office department.
Most people are confuse about second application.
Read it
uk-tier-1-entrepreneur-visas/ten-year-c ... l#p1569571

[rochelle86]

Hello,

My Solicitor had written letter to the case worker . The solicitor received the letter from the case worker. Stating the below

Due to the administrative error the decision letter that was sent to you when you applied for ILR , the letter was neither sent to you nor your client earlier as we were still conducting some further checks.

We have now voided the entrepreneur case and you will be able to proceed with your long residency application.

Apologies for confusion.


This is a big relief for me.

Thank you for all of your assistance so far.

Many thanks

Regards,
Rochelle

[Baba G]

Hello,

My Solicitor had written letter to the case worker . The solicitor received the letter from the case worker. Stating the below

Due to the administrative error the decision letter that was sent to you when you applied for ILR , the letter was neither sent to you nor your client earlier as we were still conducting some further checks.

We have now voided the entrepreneur case and you will be able to proceed with your long residency application.

Apologies for confusion.


This is a big relief for me.

Thank you for all of your assistance so far.

Many thanks

Regards,
Rochelle

Could you pls explain how did you apply for ILR during your second application in pending. Did you go for premium service or postal????

[Baba G]

Hello,

My Solicitor had written letter to the case worker . The solicitor received the letter from the case worker. Stating the below

Due to the administrative error the decision letter that was sent to you when you applied for ILR , the letter was neither sent to you nor your client earlier as we were still conducting some further checks.

We have now voided the entrepreneur case and you will be able to proceed with your long residency application.

Apologies for confusion.


This is a big relief for me.

Thank you for all of your assistance so far.

Many thanks

Regards,
Rochelle

Sorry I just looked at your previous post and you stated by Premium counter. Could you pls tell us the process via premium service to vary application to ilr. I mean all we have to do is to book an appointment for premium service and go with application form and covering letter sayin about pending application or do we need to go some other documents which I’m not sure except life in the uk test certificate????
Please advice

[rochelle86]

hello

Yes you need to take the filled application form for ILR , passport and visa copies, 6 months bank statment, any provide about your stay in uk for 10 years as i had taken all my p60 which i had for the 10 years for tax returns. If you are Entrepreneur then letter from the accountant about your appointment confirmation


Good Luck

Regards,
Rocehelle