Tier 1 Enterpreneur-refusal from court- Tier4

[Splash]

Hi

I want to know that Tier 1 Entrepreneur applicant can apply Tier 4 visa after refusal from immigration court ?. if answer is yes then what is the legal time period in which he can reapply to Tier 4 OR Tier 1 Entrepreneur .

regards

[Entrepreneur9]

Yes you can apply for any visa once you are refused however you need to include a covering letter with your new application confirming the previous refused application.

You need to apply within 28 days from the date of refusal from the immigration court.

Hi

I want to know that Tier 1 Entrepreneur applicant can apply Tier 4 visa after refusal from immigration court ?. if answer is yes then what is the legal time period in which he can reapply to Tier 4 OR Tier 1 Entrepreneur .

regards

[jmoha]

If you are nearing your 10 year ILR. When you make a new application after being refused without a valid visa, you will be loosing the period of continuity (10year) rule will break and will not be given a appeal right for the new application.

[mrshah]

My understanding from the guideline is that if you made out of time application only once and with in 10 day out of time would be counted as continues residence for 10 years rout.

[mrshah]

I have gone through the new version(20May2013) of the guideline for long resident ILR and it says 28 days or less days out of time will qualify for the ILR 10 years bases. The frequency is unlimited means regardless of the number of times application was submitted out of time as long as it was submitted within the 28 days. For more details please read through the link given below.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I hope this will help you.

[Dayyurite]

Yes you can apply for any visa within 28 days

[Darvesh]

i agree with mrshsh....

no matter how many times u apply however if ur application made within 28 days of visa expired and u got visa then yes ur long residency will be continued.

[tier1entrepreneurrefusal]

So we can apply for any visa after being refused in the court within 28 days even though my leave to remain has already been expired ??

[fasaal]

I have gone through the new version(20May2013) of the guideline for long resident ILR and it says 28 days or less days out of time will qualify for the ILR 10 years bases. The frequency is unlimited means regardless of the number of times application was submitted out of time as long as it was submitted within the 28 days. For more details please read through the link given below.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I hope this will help you.

what page number plz ?

[ajek01]

Hi All

I would like to know about continuty of ilr on refusal:

Question 1:
How about if an in-time application is refused and on appeal it also is rejected- in this situation if someone applies in a different immigation route within 28 days - will the continuty for ilr remain valid?


Question 2:
If an in-time application is rejected without right of appeal, can I still take it to court without breaking ilr continuity?

Will really appreciate your expert comments

Thanks in advance

Kind regards

[Darvesh]

answer to ur first is that ur long residency will break. hence u cant apply for ILR on 10y long resdency.

not sure how u can appeal when u wont be given any right of appeal???

[searoze]

Hi All

I would like to know about continuty of ilr on refusal:

Question 1:
How about if an in-time application is refused and on appeal it also is rejected- in this situation if someone applies in a different immigation route within 28 days - will the continuty for ilr remain valid?

Hi
If in time application is refused and appeal is dismissed then you have 5 working days to appeal in Upper tribunal or 28 days to make a fresh application. Either way your continuity is not affected. But for the safe side, if your appeal is dismissed from 1st Tier Tribunal then lodge your Upper tribunal appeal with in 5 days, make a fresh application and then withdraw your appeal. For full detailed answer and relevant links see my post here
http://www.immigrationboards.com/viewto ... highlight=

Please correct me if wrong

Question 2:
If an in-time application is rejected without right of appeal, can I still take it to court without breaking ilr continuity?

Yes you can

Process is, Judicial review at 1st and if JR isnt successful then you can challenge UKBA into high court.

"1.3 Stage at which a court may hear a case
A JR can be lodged at any time. However normally the Court will only hear a case if all other remedies open to the claimant have been exhausted, for example any right of appeal. However where there is no right of appeal against a decision JR may be the only remedy available to the claimant, for example a challenge based on a failure to implement an allowed appeal or a delay in deciding an application"

see page 3 of following document

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If you lodge all appeals or JR with in the given time frame then your 10 yrs continuity will not affect.
Read section 3C of Immigration Act 1971

"If a person has 3C leave, and their application is refused, 3C leave continues until
their appeal rights are exhausted. Section 3C only applies to in time applications.
If a person submits an out of time application, they will have a gap in continuous lawful residence, from the date their leave expired until the date they are next granted leave, regardless of how long it takes for the decision to be made"


Please correct me if wrong

[ajek01]

Thanks both for your comments.

Ilr (10 year long residency) is such an important aspect of many of us, we still have conflicting answer to above questions 1 & 2.
Lets wait for other senior/ Gurus to back it up

Kindest regards