Tier 1 Enterpreneur Visa : Decision reconsideration

[faadi]

Hello Everyone,
Today i am going to discuss some of the issues related to my case and i need some of the good advises about what to do in my scenario.
I have applied for tier 1 - Entrepreneur visa along with my family as dependents together with my business partner on June 20, 2013, within the time limits. For 2 good years we have not heard anything back from them. But we have written them some of the letters through the solicitors and the MPA. They only replied that the case is still in progress and they need some time to make an efficient decision.
In the end of 2015 I have got an interview call and i went for the interview and have given the interview to my best, in a confident way, as i was doing the business that time alongwith my partner and i know all the figures. The only problem during that interview was the very few clients we were dealing with that time like 7-8. But we were still making some handsome money.
After that interview Home office becomes silent again, in the mean time my partner has completed his 10 years and moved to that route and left me alone to do the business. I have informed Home office about it. Soon after he left i was carrying on the business myself and have taken over and informed all the other authorities like companies house and others etc. In the middle of 2016 we have got a refusal letter based on the fact that market research done was not right as i said there were around 20 competitors near my place of business but they said there were more than 80 of them.
In the reply we made an appeal by stating that out of these 80 consultant companies (list in yellow) some are plumbing consultants, some are electrical and some of them are even closed. I have also taken out the list of business consultant companies from yellow pages with the 2 miles radius of my business place and sent it to them.
The appeal was granted in the end of 2016 and the Honorable Judge has ordered the Home Office to make a reconsideration of decision based on the facts we have provided in the court. It is also pertinent to inform that my daughter is also 9 years and 7 months old but she was not born here in the UK. she was 8 months old when she arrive here and spent the life here.
Since that court decision the home office is again very quiet. Now its over 5 years and 4 months since the time i have applied for the Entrepreneur visa initially.
In this regard I need the experts advice on what step do i have to take now. Despite writing a lot of letters to the Home office and secretary of the state nothing is happening so far. I would also like to inform that i come to this country in Sep 2005 and stayed there till Sep 2008 then took a break and come back in Sep 2009 live here legally and never gone back since then.
Please I need help and expert advise about what to do now.
Thanks in advance.

[marcnath]

I believe you should be able to vary your application to an ILR (LR) now

[faadi]

Thanks for the reply MarcNath but there was a gap of over a year and a half and then i came back in september 2009 with my family. So my 10 years will be completed in 2019 that way.
What do you think!!

[marcnath]

Thanks for the reply MarcNath but there was a gap of over a year and a half and then i came back in september 2009 with my family. So my 10 years will be completed in 2019 that way.
What do you think!!

Sorry, you are right. Somehow I had it stuck as 2018

So, the best is to wait for the decision.

[faadi]

Thanks again for the reply.
Actually i was waiting for the visa since 2013 and its now really difficult for me to wait any further. Can anybody help in regards to what will be the next steps shall i take to get the answer from them?
thanks

[Aabdulwaheed]

I would advise you to please wait until you would complete 10 years in 2019 without any further trouble. A bit more patience will take you through inshallah, Dont disturb HO let them sleep another few months.

[faadi]

Thanks brother Abdul Waheed for your advise.
Do you recon i take my daughter out of my case and put her separate case under 7 years stay here in the UK.
What will be the situation for the rest of my family members when i apply for 10 years route in 2019?? because my wife and daughter came here in April 2010.
Thanks for your help and cooperation.
Muhammad

[marcnath]

Thanks brother Abdul Waheed for your advise.
Do you recon i take my daughter out of my case and put her separate case under 7 years stay here in the UK.
What will be the situation for the rest of my family members when i apply for 10 years route in 2019?? because my wife and daughter came here in April 2010.
Thanks for your help and cooperation.
Muhammad

You can try to vary your daughter's visa to the 7 year route. But it will not be easy to satisfy why all of you couldn't go back, which is also a requirement for that route. Especially given the possibility that you may have to go back, it would be against the child's interest to remain here without her parents

[faadi]

Thanks for the reply Marcnath.

Actually i am planning to vary the case of my daughter to a 7 years route and leave the rest as it is.
while i will apply for the 10 years route in September next year.

My passports are expired and are with the home office since the last 5 years. Is it gonna make any difference to my case. ALso what will you say with my daughter's case?

Thanks for your help and cooperation in advance.

regards,

[hina_pirzada]

Dear Faddi,

Sincere advise to you do not vary your application on 7 years route. Wait for until September next year.

[faadi]

Thanks for the reply Hina!!
My passports are expired and are with home office since 2013. Now i am also wondering if there will be any problem while applying for ILR next year??
Also can i go and apply on the window for the same day decision??
Thirdly how can i apply for my family members regarding ILR next year?? Will they be my dependents in ILR or shall remain on the same application as they are??
Please guide and oblige.
Thanks in advance.
Regards,
Faadi

[marcnath]

Thanks for the reply Hina!!
My passports are expired and are with home office since 2013. Now i am also wondering if there will be any problem while applying for ILR next year??
Also can i go and apply on the window for the same day decision??
Thirdly how can i apply for my family members regarding ILR next year?? Will they be my dependents in ILR or shall remain on the same application as they are??
Please guide and oblige.
Thanks in advance.
Regards,
Faadi

The expired passport should not be an issue. But you can always request the passports back for renewal purposes if you need to without affecting your application.
You can't do premium application as you have a current application in process. You will need to vary your application to ILR(LR) by post.
You will have to vary your family members to FLR(M) applications, which then restarts their 5 year clock

[faadi]

Thanks again Marcnath,
Actually i was thinking for applying for 7 years route only for my daughter and take her out of this mess. She will get that visa for 2 and a half year and will get everything sorted later on.
In the meantime i will apply for my 10 years next year alongwith the rest of my dependents. What will you say in this matter?
Thanks for your help!!

[marcnath]

Thanks again Marcnath,
Actually i was thinking for applying for 7 years route only for my daughter and take her out of this mess. She will get that visa for 2 and a half year and will get everything sorted later on.
In the meantime i will apply for my 10 years next year alongwith the rest of my dependents. What will you say in this matter?
Thanks for your help!!

There was already one opinion about this as below. Unfortunately, @hina_pirzada did not explain why.

Dear Faddi,

Sincere advise to you do not vary your application on 7 years route. Wait for until September next year.

I am not very familiar with the 7 year route, but I am not sure that it is an easy route.

But this article has some information.

This paragraph caught my eye:

Where the parents have no separate right to remain in the UK under the Immigration Rules — which is in almost all these seven year cases — then the Home Office almost always decides that it would be reasonable for the child to accompany his or her parents abroad back to the country of nationality.