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HELP!! Visa rejection

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jikjkt
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HELP!! Visa rejection

Post by jikjkt » Wed Aug 12, 2015 3:13 pm

Hi,

I am fairly new to this forum so my apologies if I haven't posted in the write place etc.
I am a british citizen that has been born here and bought up here however my partner is not. We have been dating for approximately two years now, and although we eventually plan to get married it is difficult as we are from differing religions and thus we are still convincing our families.
The problem that we are facing is that my partner originally came to the UK from Pakistan on a student visa and has subsequently started working and not pursued anything relating to his degree profession. It has been seven years since he has come to the UK and instead of pursuing his degree profession he has established a small local business with friends, whilst working full-time at a department store. He applied for a visa as an entrepreneur however that has been rejected, after appealing it it has now gone to tribunal stage which will occur next month.
I am really worried i do not want him to leave after 7 years!! He may find it so difficult to settle back in to Pakistan as their way of life is so different and he has made a life here for himself, and I do not want to be separated from him!!
I would be extremely grateful if anyone could possibly offer me any alternative visa route or anything that we can possibly do.

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Casa
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Re: HELP!! Visa rejection

Post by Casa » Wed Aug 12, 2015 4:40 pm

Virtually no options open to him from within the UK as he's now here illegally. Also the Tier-1 Entrepreneur application is unlikely to succeed if the tribunal takes the view that the considerable funds needed have been gained through illegal working. That's apart from meeting any other conditions for this category.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jikjkt
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Joined: Wed Aug 12, 2015 3:00 pm

Re: HELP!! Visa rejection

Post by jikjkt » Wed Aug 12, 2015 6:50 pm

Hi, thanks for your quick reply.
Sorry perhaps my information was misleading he is not in the country illegally. He came into the country on a student visa (in 2008) and after completing his masters he was granted a post study work visa, and now after establishing a small business he has applied for an entrepreneur visa. The last visa application is the one that has been rejected. Is there any advice that you can suggest which would help him to stay in the country?

Kind regards

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Casa
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Re: HELP!! Visa rejection

Post by Casa » Wed Aug 12, 2015 7:15 pm

Does he have a valid visa at present and if so what category and when will it expire? Why was his Entrepreneur application refused?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

geriatrix
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Re: HELP!! Visa rejection

Post by geriatrix » Wed Aug 12, 2015 7:45 pm

Casa,
I believe the OP's partner is currently under Section 3C with Tier 1 (PSW) leave - what I have understood from what has been posted by OP is that he applied for Tier 1 (Entrepreneur) leave to remain in-time but was refused and the appeal is pending.

OP,
If the decision (refusal) is not overturned under the appeal process, he will not be able to remain in UK legally - unless you two can get married before then, thus enabling him to apply for leave to remain as your spouse.
Life isn't fair, but you can be!

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Casa
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Re: HELP!! Visa rejection

Post by Casa » Wed Aug 12, 2015 7:50 pm

Thanks for clarifying sushdmehta
+1
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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