Re Entry Ban after Visa Refused

[ravireddy121]

Hi all,

Immigration History:
I was on Tier 1 Entrepreneur visa which expired on 1st Jun 2017. I applied for FLR (HRO) on 28th May 2017 which was refused by HO on 15th Dec 2017. The HO refused the visa application and certified it clearly unfounded and gave me out of country appeal. Instead of appealing the decision I applied for FLR (FP) on 18th Dec 2017 (within 3 days) and then varied my application on 5th Jan 2018 to ILR as I completed my 10 year residence in UK (applied 28 days earlier. My actual 10 year was completing on 2nd Feb 2018). HO again refused my application on 17th Jan 2018 stating that the application was made after the 3C leave was ceased (15th Dec) and para 353 (it was a repeat claim). The refusal also had enforcement notice for my removal. Now the options left with me are either JR or Leave the country.

I want to know how HO will calculate my overstay, i.e. from 15th Dec or 17th Jan 2018 for Re Entry Ban as my wife has secured a Tier 2 Visa Now and I can apply for Dependant Visa if I dont fetch the Ban.

Secondly, shall i go ahead with the JR. Not sure of success chances and also risk of mandatory 1 ban if unsuccessful.

Any help will be really appreciated. I request all the senior members here to look into the matter and suggest me your valuable advice as I have very less time left. Thanks for looking

[chella]

1 year reentry ban if u leave voluntarily.

[ravireddy121]

This was advised tome by one of the barrister:

"As explained, as long as you leave the UK within 30 days of 21 January 2018, then the re-entry ban does not apply to it. The fact that you have no appeal or administrative review pending is irrelevant. Given that you applied for leave to remain in line with paragraph 39E of the Rules means that the latest overstaying will be disregarded. If you were given a right of appeal against the latest decision and exercised your appeal right, then you would have left within 30 days of when the appeal concluded. But since you had no right of appeal, your overstaying began on 21 January 2018 for the purposes of the re-entry ban."

what do you think gurus?

please advise.