Ilr 10 year route refused. Need urgent help for appeal

[taz09]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

[zimba]

If the AR is concluded and refused, your section 3C ends and you become an overstayer. This means that the lawful residence clock stops. You cannot get ILR based on 10 years unless you regularise your lawful stay (e.g put in a fresh application which is eventually successful)

[Momi]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

If your AR refuses, your 3c will end but you will be covered under section 39e and 276b.
So once you complete your 10 years, you can vary your current application to ILR.
I will try to the post where we already discussed that.
Cheers

[heyaheya]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

If your AR refuses, your 3c will end but you will be covered under section 39e and 276b.
So once you complete your 10 years, you can vary your current application to ILR.
I will try to the post where we already discussed that.
Cheers

Agreed. As recently one of acquaintance applied after his first application was refused and he applied fresh application ,within that he completed his 10 years. He applied on premium service on 6th of april and he got his ilr this week.. good luck .

[taz09]

Thanks guys,

can any one elaborate the sections mentioned which covers my ILR route in case of AR refusal and fresh application??

[taz09]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

If your AR refuses, your 3c will end but you will be covered under section 39e and 276b.
So once you complete your 10 years, you can vary your current application to ILR.
I will try to the post where we already discussed that.
Cheers

Agreed. As recently one of acquaintance applied after his first application was refused and he applied fresh application ,within that he completed his 10 years. He applied on premium service on 6th of april and he got his ilr this week.. good luck .

Thanks guys,

can any one elaborate the sections mentioned which covers my ILR route in case of AR refusal and fresh application??

[ahsanalishah]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

[ahsanalishah]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

My friends has varied his fresh application successfully to ILR just recently without any problem.

you can vary your application to ILR on the basis of 10 years legal residency in the UK as long you had applied the fresh application within 14 days and it is a valid application .

The 3c break in a sense you cant work as an employee because you cant not carry on yours previous leave to remain as it had been refused and your were without any leave to remain in uk at the time you applied the fresh application.

If you read 3C and 3D leave policy guidance it somehow says your 3c leave no longer active but when you allowed in your refusal letter to make the fresh application within (14) days or appeal against the decision (No longer available on PBS) that mean your were legally allowed under the new immigration act to exercise the legal right of fresh application.

if this fresh application/ or switch application right was given to you then your status in uk is legal and you can varied the fresh application to ILR.

3c has wider meaning it also related to people work rights etc but 10 years long residency is only demand your legal status throughout. By submitting fresh application you may be overstay in a sense you are not carrying any previous legal leave the time you had apply the fresh application.

I can only share my understanding and my thoughts on it. Otherwise so many seniors wouldn't agreed with me.

[taz09]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

My friends has varied his fresh application successfully to ILR just recently without any problem.

you can vary your application to ILR on the basis of 10 years legal residency in the UK as long you had applied the fresh application within 14 days and it is a valid application .

The 3c break in a sense you cant work as an employee because you cant not carry on yours previous leave to remain as it had been refused and your were without any leave to remain in uk at the time you applied the fresh application.

If you read 3C and 3D leave policy guidance it somehow says your 3c leave no longer active but when you allowed in your refusal letter to make the fresh application within (14) days or appeal against the decision (No longer available on PBS) that mean your were legally allowed under the new immigration act to exercise the legal right of fresh application.

if this fresh application/ or switch application right was given to you then your status in uk is legal and you can varied the fresh application to ILR.

3c has wider meaning it also related to people work rights etc but 10 years long residency is only demand your legal status throughout. By submitting fresh application you may be overstay in a sense you are not carrying any previous legal leave the time you had apply the fresh application.

I can only share my understanding and my thoughts on it. Otherwise so many seniors wouldn't agreed with me.

Do the home office has to give the right of fresh application or is it understood that if applied within 14 days from the AR refusal the tenure is not broken. I've read the clause 39 and it also kind of refers to the same thing that if applied within 14 days it is valid application. Kindly if anyone can elaborate that.

[Route to ILR]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

My friends has varied his fresh application successfully to ILR just recently without any problem.

you can vary your application to ILR on the basis of 10 years legal residency in the UK as long you had applied the fresh application within 14 days and it is a valid application .

The 3c break in a sense you cant work as an employee because you cant not carry on yours previous leave to remain as it had been refused and your were without any leave to remain in uk at the time you applied the fresh application.

If you read 3C and 3D leave policy guidance it somehow says your 3c leave no longer active but when you allowed in your refusal letter to make the fresh application within (14) days or appeal against the decision (No longer available on PBS) that mean your were legally allowed under the new immigration act to exercise the legal right of fresh application.

if this fresh application/ or switch application right was given to you then your status in uk is legal and you can varied the fresh application to ILR.

3c has wider meaning it also related to people work rights etc but 10 years long residency is only demand your legal status throughout. By submitting fresh application you may be overstay in a sense you are not carrying any previous legal leave the time you had apply the fresh application.

I can only share my understanding and my thoughts on it. Otherwise so many seniors wouldn't agreed with me.

Do the home office has to give the right of fresh application or is it understood that if applied within 14 days from the AR refusal the tenure is not broken. I've read the clause 39 and it also kind of refers to the same thing that if applied within 14 days it is valid application. Kindly if anyone can elaborate that.

Hi

HO won't give u any right to apply for a new application after AR refusal. They want u to leave the country ASAP. HO is not on your side.
My advise is put flr fp application within 14 days of AR refusal and than pray that they won't refuse it before u complete 10 years or within 28 days on completing 10 years. Than VARY your flr fp application to SET LR.
One of my friend did the same and he got his ILR. He went for same day service for Set LR and got the ILR within 10 days.

[taz09]

Hello everyone,
My Tier 1 extension application was refused last month and i've applied for AR. I came to the UK on 1st october, 2008. Can anyone advise me that if AR is refused and i do a fresh application how will it affect my 10 year ILR route. And What if the fresh application is under process and complete those 10 years can i go for ILR application?? Please advise

My friends has varied his fresh application successfully to ILR just recently without any problem.

you can vary your application to ILR on the basis of 10 years legal residency in the UK as long you had applied the fresh application within 14 days and it is a valid application .

The 3c break in a sense you cant work as an employee because you cant not carry on yours previous leave to remain as it had been refused and your were without any leave to remain in uk at the time you applied the fresh application.

If you read 3C and 3D leave policy guidance it somehow says your 3c leave no longer active but when you allowed in your refusal letter to make the fresh application within (14) days or appeal against the decision (No longer available on PBS) that mean your were legally allowed under the new immigration act to exercise the legal right of fresh application.

if this fresh application/ or switch application right was given to you then your status in uk is legal and you can varied the fresh application to ILR.

3c has wider meaning it also related to people work rights etc but 10 years long residency is only demand your legal status throughout. By submitting fresh application you may be overstay in a sense you are not carrying any previous legal leave the time you had apply the fresh application.

I can only share my understanding and my thoughts on it. Otherwise so many seniors wouldn't agreed with me.

Do the home office has to give the right of fresh application or is it understood that if applied within 14 days from the AR refusal the tenure is not broken. I've read the clause 39 and it also kind of refers to the same thing that if applied within 14 days it is valid application. Kindly if anyone can elaborate that.

Hi

HO won't give u any right to apply for a new application after AR refusal. They want u to leave the country ASAP. HO is not on your side.
My advise is put flr fp application within 14 days of AR refusal and than pray that they won't refuse it before u complete 10 years or within 28 days on completing 10 years. Than VARY your flr fp application to SET LR.
One of my friend did the same and he got his ILR. He went for same day service for Set LR and got the ILR within 10 days.

Why not re apply for entrepreneur extension after removing the small errors pointed in my case? just asking as i've invested time and money on this business and logical to apply based on that. What's your take on that?

[Route to ILR]

My friends has varied his fresh application successfully to ILR just recently without any problem.

you can vary your application to ILR on the basis of 10 years legal residency in the UK as long you had applied the fresh application within 14 days and it is a valid application .

The 3c break in a sense you cant work as an employee because you cant not carry on yours previous leave to remain as it had been refused and your were without any leave to remain in uk at the time you applied the fresh application.

If you read 3C and 3D leave policy guidance it somehow says your 3c leave no longer active but when you allowed in your refusal letter to make the fresh application within (14) days or appeal against the decision (No longer available on PBS) that mean your were legally allowed under the new immigration act to exercise the legal right of fresh application.

if this fresh application/ or switch application right was given to you then your status in uk is legal and you can varied the fresh application to ILR.

3c has wider meaning it also related to people work rights etc but 10 years long residency is only demand your legal status throughout. By submitting fresh application you may be overstay in a sense you are not carrying any previous legal leave the time you had apply the fresh application.

I can only share my understanding and my thoughts on it. Otherwise so many seniors wouldn't agreed with me.

Do the home office has to give the right of fresh application or is it understood that if applied within 14 days from the AR refusal the tenure is not broken. I've read the clause 39 and it also kind of refers to the same thing that if applied within 14 days it is valid application. Kindly if anyone can elaborate that.

Hi

HO won't give u any right to apply for a new application after AR refusal. They want u to leave the country ASAP. HO is not on your side.
My advise is put flr fp application within 14 days of AR refusal and than pray that they won't refuse it before u complete 10 years or within 28 days on completing 10 years. Than VARY your flr fp application to SET LR.
One of my friend did the same and he got his ILR. He went for same day service for Set LR and got the ILR within 10 days.

Why not re apply for entrepreneur extension after removing the small errors pointed in my case? just asking as i've invested time and money on this business and logical to apply based on that. What's your take on that?

Brilliant idea. If u r pretty sure that u will get Tier 1 Entrepreneur if reapply than go for it.

Do u have family with u wife kids? If yes than how old r ur kids?

Keep in mind that if your Tier 1 refuse this time again than your 10 years LR period will break. and they will decide your Tier 1 application within 1 or 2 months. But flr fp will take 5 to 6 months or may be more to decide if u see the flr fp timeline in this forum.

[taz09]

Dear All,

For some reason i couldn't access my last post so i'm starting a new thread. My 10 years completing on 1st of October 2018. My original application for Tier 1 Entrepreneur was refused in March 18 and after unsuccessful AR i reapplied in June 18 (within 14 days). Now the Application is pending and my questions are;
1. if i complete 10 years with this application pending can i apply for ILR based on 10 years route?
2. If yes then can the variation be done 28 days before that date and is there any chance if i can apply for premium service.
My solicitor is of the opinion that being an overstayer you cannot vary the application, however members on this forum had different opinion. Can someone help to clarify these points based on some similar cases or past experience etc.

[zimba]

If the AR is concluded and refused, your section 3C ends and you become an overstayer. This means that the lawful residence clock stops. You cannot get ILR based on 10 years unless you regularise your lawful stay (e.g put in a fresh application which is eventually successful)

[taz09]

Dear zimba

Marcnath and other members are of different opinion here so can anyone give a definitive answer to my question? My solicitor was saying that if i use right to information act and send application to get my legal status once i complete 10 years it would let me know whether the tenure is break or not. Can anyone elaborate this point.

Thanks

[taz09]

Dear all,
Kindly guide me if i can apply on the basis of 10 year continuous stay in the uk. My timeline is as follow

Entry to the uk. 01 oct 2008 student visa
Got initial tier 1 in jul 2014
Tier 1 ext refused. March 2018
Applied for AR and refused on 6th june 2018
Reapplied within 14 days and received complex letter in july.
I have a few questions
1. Can i apply in the basis of 10 year route as i reapplied within 14 days of AR refusal (my solicitor says i can). Although 1 solicitor said that its better if you apply for right to info act and get your current status to be sure (Don't know if that's helpful please guide)
2. If yes can i book a premium service for ILR
3. How to vary my current application? Do i need to submit a fresh application or change the existing pending case?
Please if all the senior members and people with past experience could comment on that. Thanks in advance.

[zimba]

For long residence you need 10 years of lawful residence UNLESS the rules explicitly allow discretion. You have been an overstayer since June and therefore do NOT have the lawful residence required for SET(LR).

However the long residence guide says:

Applications made on or after 24 November 2016
Where an out of time application is submitted on or after 24 November 2016, you must consider whether to exercise discretion in line with paragraph 39E of the immigration rules. This must be authorised by a senior caseworker at senior executive officer (SEO) grade

So it is up to the UKVI to apply discretion under 39E. So you can vary the existing application to SET(LR)
But please note that premium service is NOT available to you when you have a pending application.

[taz09]

So does this discretion means that both outcomes are possible? And from the experience of this forum anyone knows what could be the probable outcome and how much chance do i have?

[zimba]

So does this discretion means that both outcomes are possible? And from the experience of this forum anyone knows what could be the probable outcome and how much chance do i have?

Yes, I've heard positive outcomes being reported here

[Momi]

So does this discretion means that both outcomes are possible? And from the experience of this forum anyone knows what could be the probable outcome and how much chance do i have?

I think you should apply ilr next month. God forbid if they refuse you then they will give you right of appeal which will be successful in court if you will be to satisfy the judge about your ties to this country.

[taz09]

So does this discretion means that both outcomes are possible? And from the experience of this forum anyone knows what could be the probable outcome and how much chance do i have?

I think you should apply ilr next month. God forbid if they refuse you then they will give you right of appeal which will be successful in court if you will be to satisfy the judge about your ties to this country.

Thanks momi. Kindly also tell me if any forum members u know have followed tht route.
I would also like to know if i can apply in september based on 28 days rule? Also do I've to vary my existing application?

[Momi]

Few of my friends got ilr after their extension was refused on credibility and genuiness.
One of them applied fresh application then varied to flr and after that varied to ILR. His ilr application approved.
But neither of them using immigration board, most people stopped using it once their applications are through.

[taz09]

So if i understood right so far, i need to do a varied application to set (lr) based on 10 year continuous stay. I have done life in the uk test. However my passpoart and uk original degree is with HO already. So what else do i need to send in terms of documentation?

[Momi]

So if i understood right so far, i need to do a varied application to set (lr) based on 10 year continuous stay. I have done life in the uk test. However my passpoart and uk original degree is with HO already. So what else do i need to send in terms of documentation?

It's quite straightforward thing. You can do it online or by post. What date did you arrive to uk? You can apply 28 days before you arrival date.

[taz09]

So if i understood right so far, i need to do a varied application to set (lr) based on 10 year continuous stay. I have done life in the uk test. However my passpoart and uk original degree is with HO already. So what else do i need to send in terms of documentation?

It's quite straightforward thing. You can do it online or by post. What date did you arrive to uk? You can apply 28 days before you arrival date.

1st october 2008. So have i completed the time?