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ILR refused

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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soloogah
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ILR refused

Post by soloogah » Thu Dec 13, 2018 4:42 pm

Thanks everyone for your time in responding to questions asked here which have been very helpful to many.

Please do make out a bit of time and comment as your comment would be of great help.
My tier 1 entrepreneur extension application was refused on 18th Sept 2018 and i had no other possible route to navigate, i was then advised by my solicitor to apply for 10 year ILR long residence route, then i was 10 months less in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if the application is refused, we could be asked to reapply and by then i would have been 10 years.

The application was refused 8 months down the line and we appealed in order to gain time (extra 2 months) to get to 10 years. The appeal was dismissed and we also appealed to the upper tribunal which maintained the fact that i had not been 10 years in UK. And the worse of it is that 3C does not cover the period we were in court and unfortunately the solicitor is completely unaware of this.

Please guys and pals, kindly advise me on what next i could do. I have 4 children, and their ages are 7, 6, 3 and 1. The last three were born in the UK, the first was born outside the UK and she will be 7 in the UK by February 2019.

We are still waiting for the decision of the judge by post which usually will give about 14days to reapply if i have any other reason to stay in the UK. THANKS

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CR001
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Re: ILR refused

Post by CR001 » Thu Dec 13, 2018 4:58 pm

Users previous topic below of Tier 1 Ent refusal and reasons.

uk-tier-1-entrepreneur-visas/refused-on ... 34150.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: ILR refused

Post by CR001 » Thu Dec 13, 2018 5:01 pm

soloogah wrote:
Thu Dec 13, 2018 4:42 pm
Please do make out a bit of time and comment as your comment would be of great help.
My tier 1 entrepreneur extension application was refused on 18th Sept 2018 and i had no other possible route to navigate, i was then advised by my solicitor to apply for 10 year ILR long residence route, then i was 10 months less in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if the application is refused, we could be asked to reapply and by then i would have been 10 years.
After your refusal in June 2017, what applications or processes did you follow?

Did you apply for AR for that refusal in 2017 or did you submit a new application?

What is the date of your June 2017 refusal and the date of the next application you made?

What were the reasons for extension refusal in September 2018?

It appears you have been ill advised by your 'solicitor'.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

soloogah
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Re: ILR refused

Post by soloogah » Thu Dec 13, 2018 10:12 pm

Thanks for your response and questions.
I came to the UK on July 2018 on student visa, August 2010,i was granted post study visa, tier 1 entrepreneur visa was granted on August 2012. That expired May 2016. I applied for extension and it was refused and I narrated the story here about a year ago about the refusal. The refusal was based on issues like my office not shown on Google street view and other grounds were on the expenses I carried out and the refusal was on 26 july 2017. I was given AR. I did the AR and on 9th August 2017, decision was maintained with amended reasons and a second chance was given for AR and decision on the AR was made on 18th Sept 2017 maintaining the same decision. I applied for ILR on 2nd Oct 2017 and the application was refused on 13 june 2018, on the ground that i had not stayed for 10 years when the application was made. i appealed at the 1st tribunal and uper tribunal to be given chance to reapply for ILR since i have stayed 10years in the UK during the appeal process, but the Judge held that 3C doesn't cover the period of the appeal process as the application was not successful.

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CR001
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Re: ILR refused

Post by CR001 » Fri Dec 14, 2018 7:14 am

Your section 3C protection ended when AR was refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Momi
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Posts: 644
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Re: ILR refused

Post by Momi » Fri Dec 14, 2018 8:33 am

soloogah wrote:
Thu Dec 13, 2018 4:42 pm
Thanks everyone for your time in responding to questions asked here which have been very helpful to many.

Please do make out a bit of time and comment as your comment would be of great help.
My tier 1 entrepreneur extension application was refused on 18th Sept 2018 and i had no other possible route to navigate, i was then advised by my solicitor to apply for 10 year ILR long residence route, then i was 10 months less in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if the application is refused, we could be asked to reapply and by then i would have been 10 years.

The application was refused 8 months down the line and we appealed in order to gain time (extra 2 months) to get to 10 years. The appeal was dismissed and we also appealed to the upper tribunal which maintained the fact that i had not been 10 years in UK. And the worse of it is that 3C does not cover the period we were in court and unfortunately the solicitor is completely unaware of this.

Please guys and pals, kindly advise me on what next i could do. I have 4 children, and their ages are 7, 6, 3 and 1. The last three were born in the UK, the first was born outside the UK and she will be 7 in the UK by February 2019.

We are still waiting for the decision of the judge by post which usually will give
14days to reapply if i have any other reason to stay in the UK. THANKS
That’s the only problem when you have no knowledge about immigration laws and you picked a solicitor which has no clue about 3c. There are many ways to complete 10 years once your visa is refused and I know so many people who have already got ILR even their 1st application was refused.
Anyway, how long your 1st child has been in uk? And when your 2nd child will be 7 years old?

soloogah
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Re: ILR refused

Post by soloogah » Fri Dec 14, 2018 8:59 am

My 1st child will be 7 in the UK on 4th Feb 2019
My second child born in UK will be 7 in Feb 2020. Thanks

Momi
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Re: ILR refused

Post by Momi » Fri Dec 14, 2018 9:12 am

soloogah wrote:
Fri Dec 14, 2018 8:59 am
My 1st child will be 7 in the UK on 4th Feb 2019
My second child born in UK will be 7 in Feb 2020. Thanks
What visa category you use for your dependants when your ILR application was in process?

soloogah
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Re: ILR refused

Post by soloogah » Fri Dec 14, 2018 9:33 am

My wife submitted an application with me as my dependant pending if my application was successful. So her application was depending on mine, hers was refused because mine was not successful. I didn't include the children in the application to reduce the cost. Thank you

Momi
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Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
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Re: ILR refused

Post by Momi » Fri Dec 14, 2018 10:13 am

soloogah wrote:
Fri Dec 14, 2018 9:33 am
My wife submitted an application with me as my dependant pending if my application was successful. So her application was depending on mine, hers was refused because mine was not successful. I didn't include the children in the application to reduce the cost. Thank you
Only option you have now is applying once your child cross 7 years in uk.
But it would be best if you apply in May to July.
My cousin recently got visa under this route and application was successful in less than 6 months.
Try to gather all documents of your first 2 child since their 1st day in uk.
Any help let me know.

soloogah
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Posts: 16
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Re: ILR refused

Post by soloogah » Fri Dec 14, 2018 12:19 pm

Just wondering if i could reapply for ILR now and vary the application when my child turns 7 in UK in Feb 2019. Or do i just do nothing and wait until my child turns 7 in UK??

Momi
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Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: ILR refused

Post by Momi » Fri Dec 14, 2018 7:19 pm

soloogah wrote:
Fri Dec 14, 2018 12:19 pm
Just wondering if i could reapply for ILR now and vary the application when my child turns 7 in UK in Feb 2019. Or do i just do nothing and wait until my child turns 7 in UK??
Did you apply ILR after your AR was refused or did you vary you Entrepreneur extension while you AR decision was pending?

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CR001
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Re: ILR refused

Post by CR001 » Sat Dec 15, 2018 9:49 am

Momi wrote:
Fri Dec 14, 2018 7:19 pm
soloogah wrote:
Fri Dec 14, 2018 12:19 pm
Just wondering if i could reapply for ILR now and vary the application when my child turns 7 in UK in Feb 2019. Or do i just do nothing and wait until my child turns 7 in UK??
Did you apply ILR after your AR was refused or did you vary you Entrepreneur extension while you AR decision was pending?
If you read the full topic, the OP has stated they applied for ILR after AR refusal.
soloogah wrote:
Thu Dec 13, 2018 10:12 pm
Thanks for your response and questions.
I came to the UK on July 2018 on student visa, August 2010,i was granted post study visa, tier 1 entrepreneur visa was granted on August 2012. That expired May 2016. I applied for extension and it was refused and I narrated the story here about a year ago about the refusal. The refusal was based on issues like my office not shown on Google street view and other grounds were on the expenses I carried out and the refusal was on 26 july 2017. I was given AR. I did the AR and on 9th August 2017, decision was maintained with amended reasons and a second chance was given for AR and decision on the AR was made on 18th Sept 2017 maintaining the same decision. I applied for ILR on 2nd Oct 2017 and the application was refused on 13 june 2018, on the ground that i had not stayed for 10 years when the application was made. i appealed at the 1st tribunal and uper tribunal to be given chance to reapply for ILR since i have stayed 10years in the UK during the appeal process, but the Judge held that 3C doesn't cover the period of the appeal process as the application was not successful.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
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Posts: 281
Joined: Sat Sep 26, 2015 11:54 am
United Kingdom

Re: ILR refused

Post by kumar114 » Sat Dec 15, 2018 12:38 pm

soloogah wrote:
Thu Dec 13, 2018 4:42 pm
Thanks everyone for your time in responding to questions asked here which have been very helpful to many.

Please do make out a bit of time and comment as your comment would be of great help.
My tier 1 entrepreneur extension application was refused on 18th Sept 2018 and i had no other possible route to navigate, i was then advised by my solicitor to apply for 10 year ILR long residence route, then i was 10 months less in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if the application is refused, we could be asked to reapply and by then i would have been 10 years.

The application was refused 8 months down the line and we appealed in order to gain time (extra 2 months) to get to 10 years. The appeal was dismissed and we also appealed to the upper tribunal which maintained the fact that i had not been 10 years in UK. And the worse of it is that 3C does not cover the period we were in court and unfortunately the solicitor is completely unaware of this.

Please guys and pals, kindly advise me on what next i could do. I have 4 children, and their ages are 7, 6, 3 and 1. The last three were born in the UK, the first was born outside the UK and she will be 7 in the UK by February 2019.

We are still waiting for the decision of the judge by post which usually will give about 14days to reapply if i have any other reason to stay in the UK. THANKS
Hi soloogah,
I will be eligible for ILR in SEP 2019.
My Solicitor also has suggested that I can apply for it even I am short of 9 months. I have never done AR. Do you think its ok to go for ILR?

thanks

Momi
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Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: ILR refused

Post by Momi » Sat Dec 15, 2018 3:00 pm

soloogah wrote:
Fri Dec 14, 2018 12:19 pm
Just wondering if i could reapply for ILR now and vary the application when my child turns 7 in UK in Feb 2019. Or do i just do nothing and wait until my child turns 7 in UK??
Home office won’t accept third application.
Either apply flr, Asylum or no visa, it won’t change anything. Only option you have is to apply under child route. Really sorry but Your all rights of applications have been exhausted.

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cyclina1
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Posts: 924
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Hong Kong

Re: ILR refused

Post by cyclina1 » Sat Dec 15, 2018 4:34 pm

kumar114 wrote:
Sat Dec 15, 2018 12:38 pm


Hi soloogah,
I will be eligible for ILR in SEP 2019.
My Solicitor also has suggested that I can apply for it even I am short of 9 months. I have never done AR. Do you think its ok to go for ILR?

thanks
What is your current visa and when will it expire?

and what's your immigration history?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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CR001
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Location: London
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South Africa

Re: ILR refused

Post by CR001 » Sat Dec 15, 2018 4:35 pm

cyclina1 wrote:
Sat Dec 15, 2018 4:34 pm
kumar114 wrote:
Sat Dec 15, 2018 12:38 pm


Hi soloogah,
I will be eligible for ILR in SEP 2019.
My Solicitor also has suggested that I can apply for it even I am short of 9 months. I have never done AR. Do you think its ok to go for ILR?

thanks
What is your current visa and when will it expire?

and what's your immigration history?
Please do not encourage user kumar114 to continue their questions in another user thread.

user 'kumar114' has many of their own topics!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
Member of Standing
Posts: 281
Joined: Sat Sep 26, 2015 11:54 am
United Kingdom

Re: ILR refused

Post by kumar114 » Sat Dec 15, 2018 9:41 pm

CR001 wrote:
Sat Dec 15, 2018 4:35 pm
cyclina1 wrote:
Sat Dec 15, 2018 4:34 pm
kumar114 wrote:
Sat Dec 15, 2018 12:38 pm


Hi soloogah,
I will be eligible for ILR in SEP 2019.
My Solicitor also has suggested that I can apply for it even I am short of 9 months. I have never done AR. Do you think its ok to go for ILR?

thanks
What is your current visa and when will it expire?

and what's your immigration history?
Please do not encourage user kumar114 to continue their questions in another user thread.

user 'kumar114' has many of their own topics!!
Hi cyclina1,
My current visa is Tier 2 but now curtailed till 7 Jan.
SEP 2009 - Tier 4 (Msc)
2011 - PSW
2013 - Tier 2
2014 - second tier 2
2017 - tier 2 extension which was till June 2019 but now curtailed till 7 Jan.

@CR001 If someone wants to me help then what is your problem? Is it a crime to ask question to other user thread?
I am in a critical situation here and I want to get the best solution and options.

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CR001
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Posts: 87426
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR refused

Post by CR001 » Sat Dec 15, 2018 9:46 pm

kumar114 wrote:
Sat Dec 15, 2018 9:41 pm
CR001 wrote:
Sat Dec 15, 2018 4:35 pm
cyclina1 wrote:
Sat Dec 15, 2018 4:34 pm
kumar114 wrote:
Sat Dec 15, 2018 12:38 pm


Hi soloogah,
I will be eligible for ILR in SEP 2019.
My Solicitor also has suggested that I can apply for it even I am short of 9 months. I have never done AR. Do you think its ok to go for ILR?

thanks
What is your current visa and when will it expire?

and what's your immigration history?
Please do not encourage user kumar114 to continue their questions in another user thread.

user 'kumar114' has many of their own topics!!
Hi cyclina1,
My current visa is Tier 2 but now curtailed till 7 Jan.
SEP 2009 - Tier 4 (Msc)
2011 - PSW
2013 - Tier 2
2014 - second tier 2
2017 - tier 2 extension which was till June 2019 but now curtailed till 7 Jan.

@CR001 If someone wants to me help then what is your problem? Is it a crime to ask question to other user thread?
I am in a critical situation here and I want to get the best solution and options.
Please continue in your own topic. You have been a member of the forum for long enough to know the rules about tagging onto other members topics, it is unfair to the OP and creates confusion when you persist in asking your questions in a members very complicated topic.

See the link below as a reminder of the forum rules, particularly point 12!!

announcements/read-me-getting-started-t ... 24804.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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