Ilr 10 year route refused. Need urgent help for appeal

[Momi]

Yes you are eligible. You should have copies of your passport, BRP and uk degree.
Copies will be fine and you will probably need the home office reference number as well.

Here is the link, scroll down and you will find a link to do it online.
Complete your application today and attend biometric tomorrow morning.

https://www.gov.uk/government/publicati ... form-setlr

[taz09]

Thanks momi. Do you know how long does it take for them to decide these ilr applications?

[Momi]

It can take 2-6 months

[jaz9567]

Thanks momi. Do you know how long does it take for them to decide these ilr applications?

Hi taz09
Any update on your case? Did you applied ILR?
There are many in this scenario, it will help others if you update your case.
Many thanks

[taz09]

Dear fellows
I applied tier 1 entrepreneur extension july 2017 and was refused in march 2018 due to few accounting errors. Admin was refused in june 2018. I re applied tier 1 extension within stipulated time and varied it to SER LR in october 2018 as i had completed 10 years. I received the refusal yesterday stating that I've not completed 10 years legally so i am not eligible for ilr. Many on this forum mentioned that i can apply and few said i can not. Can you now help me making grounds for appeal?? I am still successfully running my business and very stressed. Kindly advise me what can i do now??

[CR001]

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)

Did you not heed the advice that Zimba gave in April last year. The same still remains the same, you did not have 10 years legal residence.

You should have waiting to get the result of your Tier 1 Ent application first.

[taz09]

I know i didn't. But i am asking what can i do now? Many on this forum mentioned that i can get the visa as well. Anyway if you can suggest any future action i would highly appreciate.

Thanks

[zimba]

You cannot apply for a new application in the UK as you have bee an overstayer for more than 14 days and any new application will be automatically refused. Leave the UK and apply for Tier 1E extension from home country

[taz09]

What about the appeal? They have given the appeal right. Can i apply tier 1 E after the completion of this appeal process?? Please guide

[CR001]

What about the appeal? They have given the appeal right. Can i apply tier 1 E after the completion of this appeal process?? Please guide

You can appeal if you wish to. Appealing doesn't give you legal status or work rights or free NHS rights etc. You will still be an overstayer.

[taz09]

Ok if i follow the appeal process and see what happens. meanwhile i can sort someone to look after my business. Is there any time limit of applying Tier 1 Ext from outside UK? and how long the process take?

[kavikkdi]

Hi taz09
My set LR also refused under same scenario recently. Appealed already waiting for hearing date.
How other members from this forum saying their friends got ILR under same status?
Mine is Tier 2 refused, I didn’t go for admin review. Applied FLR FP within 6 days then varied Set LR. This has been refused as out of time application.

[taz09]

I don't know. Even my solicitor said at the time that tenure is not break. What's your grounds of appeal now? I mean any case laws or references?? If you could share...

[kavikkdi]

Hi taz09
My solicitor prepared grounds
He referred my decision letter, he prepared grounds with respect to reason for refusal in my decision letter.
I don’t understand how home office dealing this scenario. Some application granted and many refused under the same scenario.
If we know the correct details of the applicant who got ILR under same scenario, we can use that applicant application for our witness in appeal.
Home office must treat every applicant as same not like some granted and many refused under same scenario.
Keep in touch here.
Thanks

I don't know. Even my solicitor said at the time that tenure is not break. What's your grounds of appeal now? I mean any case laws or references?? If you could share...

[taz09]

Yh my solicitor also made grounds but as u said we need case laws like people who got ilr on similar grounds. Can u share your phone number or email so we can connect and may help each other out

[Sunny024]

What about the appeal? They have given the appeal right. Can i apply tier 1 E after the completion of this appeal process?? Please guide

no,you cannot make a fresh application after finsihing appeal rights because 39E allows you to make only ONE application(new rules ,came in july 2019,previously you were allowed 2 applications) within 14 days ,you have already used that option previously . Moderators can correct me if im wrong

[zimba]

Correct

[gbptier1general]

What about the appeal? They have given the appeal right. Can i apply tier 1 E after the completion of this appeal process?? Please guide

no,you cannot make a fresh application after finsihing appeal rights because 39E allows you to make only ONE application(new rules ,came in july 2019,previously you were allowed 2 applications) within 14 days ,you have already used that option previously . Moderators can correct me if im wrong

Hi Sunny/Zimba/All,
I think u gave typo error?
"no,you cannot make a fresh application after finsihing appeal rights because 39E allows you to make only ONE application(new rules ,came in july 2019"
Pls confirm if it is July 2018?
It canNOT be futureDate when u r applying Laws!
Pls timelyreply appreciated.

[Sunny024]

Yes, July 2018

[gbptier1general]

What about the appeal? They have given the appeal right. Can i apply tier 1 E after the completion of this appeal process?? Please guide

Hi Taz09,
Hoping that u r able to swim across appeal Rights.
Below inference might help u realign to success:-
Pls confirm ur AR ApplcationDates,RefusalDates,NewApplicationDate&it's corresponding AcknowledgementDate from HO that they got ur NewApplication,10-LR-VariationDate You Applied&&it's corresponding AcknowledgementDate from HO that they got ur 10-LR.
These help in deciding regularising ur legal stay ,aply 3C,9E,Sec-8/6....so on!
A)Pls confirm ur 10Yr-LR variation Date-Assuming u made Before this July-2018 change of rules[Is critical if u choose to win using rules within Immigration Rules]
-Pls ask Sunny/Zimba refer to "Sunny024 » Sat Apr 06, 2019 12:08 am" for the PDF rules changed /came in july 2018,[[Which says ,you cannot make a fresh application after finishing appeal rights because 39E allows you to make only ONE application(new rules ,came in july 2018,previously you were allowed 2 applications) within 14 days ,you have already used that option previously"]

B)If u made after Jly-2018, u with ur Barrister just hav to figure it out other set of Rules [Could be combination of rules within&Out side Immigration Rules.Thy know how to connect two loops to get connected to have a bigger loop.

C)You may try apply any Dependent visa if have documentation ready or Tier-2 or any student visa or others tht suites ur situation.
These out come depends on out come of ur current appeal rights if u already applied.

D)If u need more details about changes of Jly-2018,u can ask Sunny/All:like",you cannot make a fresh application after finishing appeal rights because 39E allows you to make only ONE application(new rules ,came in july 2019,previously you were allowed TWO applications) within 14 days ,you have already used that option previously" to elaborate a bit with examples.
Hope this helps u sail smooth.
GoodLuck!

[kavikkdi]

Hi taz09

I believe this forum does not allow to share personal information like email address or contact number. You can share here your queries.

Thanks

Yh my solicitor also made grounds but as u said we need case laws like people who got ilr on similar grounds. Can u share your phone number or email so we can connect and may help each other out

[kavikkdi]

Hi Sunny024

As you know that other topic namely Break in 10 year is locked now, so please share under this topic if you know anymore information about Court of Appeal hearing date for Ahmed case.

Thanks

Yes, July 2018

[Sunny024]

Sure, will do.

[zimba]

DO NOT hijack every post regarding the Ahmed related refusal for a discussion. Start a new post if Ahmed case is challenged successfully