URGENT!Solicitor negligence and judicial review

[seasky]

My Tier 1 Entrepreneur visa application was refused due to some issues with my advertising and marketing materials. My previous stay was under Post Study Work Visa. I tried to switch my visa to Tier 1 Entrepreneur Visa by showing the evidences and business activities during the period since before 11 July 2014. However it was refused due to the issues with funding and also due to the viability and credibility of the business plan. An appeal was dismissed on November 2014, permission to appeal to the First Lower tribunal was refused on January 2015 and permission to appeal to the upper tribunal was refused on May 2015.
By this time we have already set up a new business and already invested more than 90k. With the supporting documents and evidences of the new business, I have made a fresh application. This time, Home Office was ok with all the aspects including funding, business contracts etc. But they refused the visa on the advertisement materials we submitted. Few of the advertisement materials we submitted was related to the new business, however the advertisements for the time before 11 July 2014 was related to the previous business. Since I could not submit the advertising materials related to the current business for the period before 11 July 2014, the case worker is arguing that the advertising material is not acceptable. This because I have previously applied for Tier 1 visa with same advertisement for a different business under the same company and it does not demonstrate the business activity the business currently offers. The case worker also disregarded the my position in my company due to the same reason mentioning that I have not been in this occupation since before 11 July 2014.
So my question is:
1. Has it mentioned anywhere that the applicant cannot change the nature of the business or the job role during the period of application?
2. Can the caseworker refuse the application for a reason that the evidence (advertising material) was previously submitted in a previous application and since the previous application was refused, the evidences wouldn't be acceptable?

1. You are allowed to change business activity but still subject to genuine entrepreneurs test. So the issue is, does this new business make sense in regards to your background?

2. Not understood your issue. Did you submit old advertising when applying for new business?

[mcr2013]

v sad

[shade]

My tier 1 ent application was rejected, appeal rights exhausted and section 3C ended in June 2015. Our solicitors made a SETLR application within the 28 day window to maintain status quo while we work on a fresh tier 1 ent visa. On November 2015 our solicitors applied to vary SETLR application to tier 1 ent but this was automatically refused in December because HO said the SET LR application was already refused on 17 Sep 2015. Therefore they consider that I overstayed from June 2015 right when section 3c leave ended. Our solicitors are adamant that they never received this rejection letter so we proceeded to judicial review claiming that we never received SETLR decision and the Tier 1 application we made in November should be considered. If JR is negative I want to leave voluntarily and make a fresh entry clearance application. Is this possible or will I face a reentry ban?

[vinny]

Probable under 320(7B), if you have overstayed for over 90 days, unless exempted under A320.

[vinny]

Posts merged.

[shade]

I'm now in the process of applying for a second JR. Below is a timeline of events and current status. It would be great if anyone have any opinions or suggestions
October 2009- entry clearance as student and leave to remain on tier 1 psw until 2014 July
April 2014- applied for tier 1 ent 50k route with team member. Refused and permission to appeal at UT refused as well ending our section 3c leave on May 2015
June 2015- Fresh application for leave outside rules within 28 days grace period
August 2015- Varied existing lTR outside rules to Tier 1 ent for both applicants
November 2015 - varied leave to remain to Tier 1 ent for both me and team member
December 2015- Tier 1 ent application refused for both because previous application was already refused back in September 2015 and tier 1 was sent when we were both overstayers
Later found out that solicitors deliberately hid the refusal from us to cover up their failure to make a tier 1 application on time in August 2015 even though we paid all fees and IHS surcharge
Team member's tier 1 ent was actually sent before they refused his LTR outside rules so we managed to overturn decision by way of JR and visa granted in August 2017
My appeal for Permission to JR refused despite witness statement from solicitors confirming they never received my refusal because SSHD had proof of delivery to solicitors
2017 October - COA refused my application for permission to appeal

October 2017- Within 14 days of this refusal my current solicitors submitted a fresh tier 1 ent application with a comprehensive covering letter that included evidences against my previous solicitor. This included but not limited to
1) Several Legal ombudsman findings including their failure to notify me about decision and order for remedy of GBP 1k that was agreed by previous solicitors.

The new application was kept like for like to my team member's as he has already been granted visa. The cover letter had over 30 pages mainly evidences to show my overstay was not intentional and this was outside my control. We request SSHD to exercise her discretion and grant me visa.

March 2018 application was refused for two reasons- Overstay and contracts only covered 2014-2015. Bank letter or contract to cover 2016-2017 was missing so points could not be awarded for "additional requirements for migrants switching from tier 1 general to tier 1 ent" . For the same reason points cannot be awarded for 50k already invested even though we actually invested more than 200k so far

May 2018- admin review refused and decision maintained. Decision letter says "although it's unfortunate that my previous solicitors could have been negligent it is my onus to make sure they were doing the job as promised"

I'm hoping to challenge on the following grounds

1) The Home office in their refusal letter have expressed their empathy with my situation refused to exercise discretion . I think this is extremely unfair as they haven't engaged with the compelling circumstances or evidences we provided with the application. I'm a helpless victim of deception and gross negligence by a regulated firm in this country. There was literally nothing else that could have been done from my end to prevent this

2) My previous leave to remain was PSW and not tier 1 general. Does "additional requirements for previous tier 1 general" applies to me as well? There is no specific requirements for migrants switching from PSW as this category no longer exists.

3) Even if the rule applies HO could have requested additional documents under evidence flexibility. I submitted contracts that covered 2014-15. What's missing are either contracts or letter from bank that covers 2016-2017 which is readily available right now.

4) My entrepreneur team member has already been granted visa. His details were provided in my application so it is unfair for the HO to come back and say proof of trading is not established in my application exactly as written on policy guidance. They could have taken a common sense approach to tell my business has already evidenced it's an actively trading firm on my team member's application

I would like to know if anyone has any inputs for me as I'm in a very unfortunate situation. I'm also on reporting condition since Nov 2017 so not sure whether a JR would stop HO from removing me. My Indian passport expired when it was with HO back in 2014. I never overstayed any of my visas in the past and I have been terribly let down by my solicitors.