Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.
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andee_nab
- Newly Registered
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- Joined: Sun May 16, 2010 9:23 am
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by andee_nab » Wed Apr 16, 2014 12:49 pm
Hi,
I applied for tier-1 entrepreneur visa last year and got refusal in march 2014. I logged an appeal and waiting for hearing date. I need guidance that how my 10 years continuity will not break.
If i win an appeal .. is 10 years continuity will continue ?
if i withdraw an appeal than what will happen to 10 years continuity by submitting a fresh application.
if i don't win an appeal and make another application in given time of 28 days than what will happen to 10 years continuity.
It will be much appreciated for your quick response as need help to complete my 2 years without continuity break for ILR.
Regards...
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Momi
- Senior Member
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- Joined: Tue Jan 08, 2013 2:08 pm
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by Momi » Wed Apr 16, 2014 1:51 pm
Why your visa was refused?
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entrepreneur123
- Senior Member
- Posts: 640
- Joined: Wed Jan 09, 2013 11:12 am
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by entrepreneur123 » Wed Apr 16, 2014 2:17 pm
if u win the appeal then it will not break. Not sure about other situations. Wait for others.
andee_nab wrote:Hi,
I applied for tier-1 entrepreneur visa last year and got refusal in march 2014. I logged an appeal and waiting for hearing date. I need guidance that how my 10 years continuity will not break.
If i win an appeal .. is 10 years continuity will continue ?
if i withdraw an appeal than what will happen to 10 years continuity by submitting a fresh application.
if i don't win an appeal and make another application in given time of 28 days than what will happen to 10 years continuity.
It will be much appreciated for your quick response as need help to complete my 2 years without continuity break for ILR.
Regards...
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Zee ali
- Diamond Member
- Posts: 1127
- Joined: Sun Jan 26, 2014 12:42 am
Post
by Zee ali » Wed Apr 16, 2014 2:23 pm
andee_nab wrote:Hi,
I applied for tier-1 entrepreneur visa last year and got refusal in march 2014. I logged an appeal and waiting for hearing date. I need guidance that how my 10 years continuity will not break.
If i win an appeal .. is 10 years continuity will continue ?
if i withdraw an appeal than what will happen to 10 years continuity by submitting a fresh application.
if i don't win an appeal and make another application in given time of 28 days than what will happen to 10 years continuity.
It will be much appreciated for your quick response as need help to complete my 2 years without continuity break for ILR.
Regards...
hi
When u came to UK????
When r u completing 10 years.
than i can help u with your queries
Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided
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Shah05
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by Shah05 » Wed Apr 16, 2014 2:36 pm
hello,
If you will win the appeal than definitely your continuation wont break.
If you loose appeal and decided to apply to UTT again you will not break continuations.
If after all appeal right exhausts and you make a fresh application within 28 days than, yes it will break, and you will be over-stayer but now in new application if you are granted visa than while you are applying for 10 years Ilr than this over stay period will be disregarded.
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entrepreneur123
- Senior Member
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- Joined: Wed Jan 09, 2013 11:12 am
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by entrepreneur123 » Wed Apr 16, 2014 2:50 pm
so when applying new application, you need to get visa as if u dont get visa in 2nd attempt then it will break 10 years?
Shah05 wrote:hello,
If you will win the appeal than definitely your continuation wont break.
If you loose appeal and decided to apply to UTT again you will not break continuations.
If after all appeal right exhausts and you make a fresh application within 28 days than, yes it will break, and you will be over-stayer but now in new application if you are granted visa than while you are applying for 10 years Ilr than this over stay period will be disregarded.
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Shah05
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by Shah05 » Wed Apr 16, 2014 2:55 pm
Yes in this case as per my knowledge if you don't get visa, you wont be having any right of appeal as well. and probably will have to leave the country.
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entrepreneur123
- Senior Member
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- Joined: Wed Jan 09, 2013 11:12 am
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by entrepreneur123 » Wed Apr 16, 2014 3:43 pm
what about if he withdraw his appeal before hearing and apply for student visa and he gets student visa then will it break 10 years?
Shah05 wrote:Yes in this case as per my knowledge if you don't get visa, you wont be having any right of appeal as well. and probably will have to leave the country.
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Shah05
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by Shah05 » Wed Apr 16, 2014 3:47 pm
If his visa has expired than soon he will withdraw his appeal, from that day onward he will be over-stayer. Now As per my knowledge, if he is applying for student visa or any visa main thing he will have to get success in the case. than only this overstay period will be disregarded.
but I am not sure if he can apply for student visa before his withdrawn of current application.
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Sense123
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by Sense123 » Fri Apr 18, 2014 1:50 am
Dear if your application is refused and your all appeal exhausted up till
upper tribunal and if you still apply within 28 days a fresh application it will not break your 10 year long residence. Even your second fresh application refused and you still have 28 days to put another same or any other category application , your 10 years leave will not break. The requirement for 10 year long residency leave is your lawful stay not a valid visa in the United Kingdom and if you complete your 10 years within that period when your one application is in a process you can withdraw your current application and can send your 10 year long ILR.
Secondly please see the guidance note of (private life and long residency) page no 4-67 and 5-67.
But I am not a legal advisor you can consult with some legal advisor/solicitor as I am just sharing my know leg and experience.
Thank you