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Source: https://www.gov.uk/government/uploads/s ... 4_2016.pdf171. The transitional arrangement does not apply to accelerated settlement applications where you are applying on the basis of creating 10 jobs. The arrangement was introduced to ensure consistency between the Immigration Rules and published guidance for extension applications, and does not apply to applications for accelerated settlement
This is no such a thing as guidance in effect. You technically have to abide by the Immigration Rules 6A and Appendix A. The guide is just for your information and has no legal standing.pharoh74 wrote: We applied on Nov 16 and based on the guidance in effect at the time it clearly state that the same rules that applied to extension applies for accelerated route - shouldn't that be the rules applied to us?
HO clarified that Accelerated route in there to reward successful entrepreneurs who create significant number of jobs, that is at least 10 full time jobs each lasting for at least for 12 months (however a job can be completed by multiple employees)pharoh74 wrote:It clearly states on the cover that the guidance you posted applies to applications made on or after April 6 so this should not be applicable in our case.
Confused90:confused90 wrote:According to the December 2015 guidance, which can be found at https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
Page 80, last paragraph states;
Accelerated settlement
If applying under accelerated ILR the applicant must demonstrate that they have created a total of 10 full time positions for at least 10 people. The criteria and requirements to evidence the 10 full-time positions are the same as for an extension application.
Hence, transitional arrangement does apply to the accelerated ILR and can be argued upon the same.
Rules have not changed, the guide has been clarified only. The GUIDE HAS NO LEGAL STANDING The immigration rules for Tier 1E are covered in 6A and Appendix A,This is perfect and spot on. Any refusals against their own guidance should be challenged and UK Courts historically have decided against Home Office decisions.
They can not change their guidance/rules over night and expect applicants to meet those requirements in last minute. It is unreasonable and not practical and I see no reason for independent judge going in applicants favour.
+1zimba88 wrote:Rules have not changed, the guide has been clarified only. The GUIDE HAS NO LEGAL STANDING The immigration rules for Tier 1E are covered in 6A and Appendix A,This is perfect and spot on. Any refusals against their own guidance should be challenged and UK Courts historically have decided against Home Office decisions.
They can not change their guidance/rules over night and expect applicants to meet those requirements in last minute. It is unreasonable and not practical and I see no reason for independent judge going in applicants favour.
Would you pleas provide link here to 6A and Appendix here as can not find where I am looking at Appendix A and no idea what is 6A.zimba88 wrote:Rules have not changed, the guide has been clarified only. The GUIDE HAS NO LEGAL STANDING The immigration rules for Tier 1E are covered in 6A and Appendix A,This is perfect and spot on. Any refusals against their own guidance should be challenged and UK Courts historically have decided against Home Office decisions.
They can not change their guidance/rules over night and expect applicants to meet those requirements in last minute. It is unreasonable and not practical and I see no reason for independent judge going in applicants favour.
Any updates from the admin review yet?pharoh74 wrote:So the HO finally agreed to re-issue the refusal letter with a new date to give us admin review right and then possibility to apply for extension.
My question is : do I need to submit an admin review for myself as well as dependant as I also received a refusal letter or would the re-issuance of the main applicant refusal letter ( and consequently resetting the time) be enough?