ILR(LR) Short of 4 months

[sudhichand]

Hi every one,

I need help with ILR 10 yearlong residence, I am in a situation don’t know what to do.
I came to Uk in September 2007 on student visa
And switched to PSW visa in 2009 till 2011
Then switched to T1 general in 2011 till 2013
Then got an extension of T1 general in 2013 till 2016
Then applied for ILR through T1 general 5 year route in May 2016 all applications are done with in time and all taxes paid I was called for Interview on 7th March 2017 asked about my Self-employment and got my rejection in April the reasons are they said is things like my client made few payments in September and some in March however the representation in my bank statement different this happened because my client moved his bank account to different bank society and other things like in the invoice I also mentioned about web designing but when they asked what work I did for client I didn’t mention about web designing. However web designing is just the part of the training I provided. So I applied for Administrative review in April of course explaining the situation also sent them the Letters from my clients. However the way how they dealt my application I am not this is going to make any difference.
So just thinking how can I proceed further If my admin review gets rejected.
I was reading the Boards and gathered some information but got few doubts so it would be great if anyone can help me.
As I explained previously I came to this country in September 2007 so in 4 months I will be eligible for 10 years long residence however I am not sure how to extend my stay till then.
I thought of going for JR if my admin review fails however my questions are
1 – Can I apply for judicial review and wait till September take my JR application back and then go for ILR? The time I spent under JR will they take this into account or will UKVI sees as over stayer?
Or the other option I thought of is
2 – Can I go switch to some other visa and then apply for ILR in September?
3 – I have already did a bit of research about switching Visa and in the circumstance I am in only reasonable application I can see is T1 (entrepreneur) of course I am sure this will be rejected even If I apply for this. However by the time it gets rejected it will be august most probably so I can apply for ILR (LR). However again my question will UKVI take the time I spent applying for T1 (entrepreneur) into consideration or will they see this also as over stayer.
I also thought of switching FLR but I don’t have any family here.
Please advice
I understand this is long story to read but please can anyone help me

[iworker]

unless there is a JR in your favour, you do not have leave to remain or section 3c activated since the date of your refusal and hence cant count this time towards 10 years.

[monty87]

Hi every one,

1 – Can I apply for judicial review and wait till September take my JR application back and then go for ILR? The time I spent under JR will they take this into account or will UKVI sees as over stayer?
Or the other option I thought of is
2 – Can I go switch to some other visa and then apply for ILR in September?
3 – I have already did a bit of research about switching Visa and in the circumstance I am in only reasonable application I can see is T1 (entrepreneur) of course I am sure this will be rejected even If I apply for this. However by the time it gets rejected it will be august most probably so I can apply for ILR (LR). However again my question will UKVI take the time I spent applying for T1 (entrepreneur) into consideration or will they see this also as over stayer.
I also thought of switching FLR but I don’t have any family here.
Please advice I understand this is long story to read but please can anyone help me

Here are your answers

1. You can apply for Judicial Review within 90 days period of the refusal decision you want to challenge, first with PAP letter and then JR after 14 days of PAP. You're considered over stayer from the time you received your Admin Review decision - 3C is finished. Period from AR refusal until your SET (LR) qualifying date will only be considered lawful if you successfully win Judicial Review of tier 1 ILR or Home Office give you consent order to reconsider their refusal decision.

2. No. As you're 4 months short of your 10 years LR. You should apply for FLR(FP) in post as someone who has nearly spent 10 years in UK automatically does attract private life. From 9 July 2012, Immigration rules were amended and now include provisions for applicants wishing to stay in the UK on the basis of their family or private life. There rules are set out in Appendix FM and paragraph 276ADE of the Immigration rules. You will need to show evidence of private life in your application. If Home Office has not considered your application by time you reach set (LR) qualifying period you can vary it to Set (LR). Home Office will only reasonably considered to have one single gap in continuous lawful residence of 14 days so you need to make sure your status remain intact by submitting application within 14 days of AR refusal.

3. If flr(fp) or any other category of application is refused before you qualify for set (lr), your continuous lawful residence will break and will not count towards set (LR). You will be considered overstaeyer from the time you applied 2nd application until it was refused which will be over 14 days. Please also note that Home Office can still refuse SET(LR) if you had already been refused SET(O) tier 1 under general grounds of refusal. You can go for JR and apply under other category at the same time. If you do not legally challenge their general grounds of refusal, they could potentially refuse Indefinite Leave to Remain again but can give limited leave to remain.

You haven't mentioned under what paragraph you had been refused or given wordings of refusal letter so I can't suggest the merit of JR.

[sudhichand]

Hi every one,
I need help with ILR 10 year long residence, I am in a situation don’t know what to do.

I came to Uk in September 2007 on student visa
And switched to PSW visa in 2009 till 2011
Then switched to T1 general in 2011 till 2013
Then got an extension of T1 general in 2013 till May 2016

Then applied for ILR through T1 general 5 year route in May 2016 all applications are done with in time and all taxes paid I was called for Interview on 7th March 2017 asked about my Self-employment and got rejection in April the reasons are they said is things like my client made few payments in September and some in March however the representation in my bank statement different this happened because my client moved his bank account to different bank society and other things like in the invoice I also mentioned about web designing but when they asked what work I did for client I didn’t mention about web designing. However web designing is just the part of the training I provided. So I applied for Administrative review in April of course explaining the situation also sent them the Letters from my clients. However the way how they dealt my application I am not this is going to make any difference.

So just thinking how can I proceed further If my admin review gets rejected.

I was reading the Boards and gathered some information but got few doubts so it would be great if anyone can help me.

As I explained previously I came to this country in September 2007 so in 4 months I will be eligible for 10 years long residence however I am not sure how to extend my stay till then.

I thought of going for JR if my admin review fails however my questions are

1 – Can I apply for judicial review and wait till September take my JR application back and then go for ILR? The time I spent under JR will they take this into account or will UKVI sees as over stayer?

Or the other option I thought of is

2 – Can I go switch to some other visa and then apply for ILR in September?
3 – I have already did a bit of research about switching Visa and in the circumstance I am in only reasonable application I can see is T1 (entrepreneur) of course I am sure this will be rejected even If I apply for this. However by the time it gets rejected it will be august most probably so I can apply for ILR (LR). However again my question is will UKVI take the time I spent applying for T1 (entrepreneur) into consideration or will they see this also as over stayer.

I also thought of switching FLR but I don’t have any family here.

Please advice

I understand this is long story to read but please can anyone help me

[sudhichand]

Thank you iworker and monty87 for your reply's

this is really helpfull
1- As Monty asked I am just putting the details of my visa rejection below

"Your application has been refused under Paragraph 245CD(g)with refrence to Appendix A and Pragraphs 19(i) and 19(j) of Appendix A"

2- so from what Monty said I see that I will only have one chance of doing another application (in this case FLR(FP)) if my AR gets refused. and If my second application application gets refused then I will be considered as over stayer from the time my AR refused on first application(Set(o) in my case) and if I am lucky If they dont make a decision on my second application by august 12th (I fisrt enetered UK in 9th september 2007 so I am assuminng I can apply 28 days before 10 years gets finished please advise If I am wrong) then apply for set(LR) while UKVA still reviewing application FLR(FP) and asking them to switch to set(LR) for consideration would work for me. Am I correct or is there anything I missed or understood incorrectly Please advise me.

3- another thing from what Monty said I can aply for JR for my set(o) apllication and still can apply for FLR(FP) am I correct ?

4- If my AR gets refused- will my right to work gets cancelled or will it continue provided that If I am applying for FLR(FP)?

Thanks ones again for both of you for taking interest in my case

[sudhichand]

Hi everyone,

At last I got my ILR visa approved and I am back in uk.
Thanks for all the help Monty87 and iworker
I will just update my case below.

I did applied for JR and got a date for 28th October 2017. however UKVI contacted my lawyer before the date asking to take the case back and they will reconsider my application and in December they asked me few documents regarding my self employment work which I provided them. and finally They approved the application in mid of jan 2018 and I am back in uk now.

[cyclina1]

what a story and congrats.

Hi everyone,

At last I got my ILR visa approved and I am back in uk.
Thanks for all the help Monty87 and iworker
I will just update my case below.

I did applied for JR and got a date for 28th October 2017. however UKVI contacted my lawyer before the date asking to take the case back and they will reconsider my application and in December they asked me few documents regarding my self employment work which I provided them. and finally They approved the application in mid of jan 2018 and I am back in uk now.

[r_shanam]

Hi Sudhichand,

Congrats for your successful ILR through JR process. were you applied this JR through out of country or else you fight for this while staying in UK. Also I am in the same situation as yours. i got left 4 months to complete my 10 years. I applied on Tier-1 (gen) set (o) 2016, but still waiting for decision. i would like to vary to different application to cover these 4 months. can you please suggest me which application is best to make to cover this 4 moths gap. your suggestions helps.


thanks

Regards,
Shanam

[sudhichand]

I applied JR in the country arranged the solicitor, gave all documents needed to him and then I left the country so my solicitor can continue fighting. While I search new job in india and get setteled their(its just my alternative plan If I dont win the case and this way I dont have to leave the country in a hurry). However to do like me you have to choose correct solicitor. the solicitor should take personal interest in your case( he shouldn't be seeing you like a money giving machine), he/she should be trustworthy because you give money to him and leave the country. I choose mine after speaking to 8 different solicitors. ofcourse some of them seems better than him but price was also in my consideration so end up with him.

regarding your situation I am assuming you were in tier 1 general previously and applied for tier 1 general extension. I see you wanted to vary the application. only vary it if you think you can get the visa. If not then it is better no to vary. the reason being lets say if the new visa gets rejected before 4 months then your option to got to JR will be the new application that got rejected but you cant apply for JR on your tier1 general which means most probably you will have a very weak case to fight in JR where as the tier 1 general you worked hard so most probably you will have better chance of winning it in JR(however lets just hope you dont have to go to JR)

You may not like my opinion- but to be frank I have spoken to five different soliciors about varying my application and 4 out of 5 advised not to vary. because of the same reason I written above.

Second thing as far as I know you can only vary your application ones while the other is in progress. Which means you can not "just vary to any other application from tier one general and then ones after four moths if you dont get the result then vary again to ILR(10 years route)". as far as I know in these situations the date the home office consider for ILR(10 years route) will be the date you applied you first varying visa not the date of ILR application so you will be short of 10 years. how ever this need to be checked.

Lastly you cant switch to any visa from Tier 1 general, the options available for you are
tier1 enterpenur/investor
tier2 visas
ilr(tier1 5year route)
dependent visas(provided your spouse or partner have visa on their own (or) they eu union)

Hope this helps you

[r_shanam]

Thanks for your reply Sudhichand. What do you think about varying application to FLR.