Appeal has been refused by both Tribunal. What to do now?

Dear experts,

i launched a joint application to Tier1 entrepreneur on 3rd october 2013, my application has been refused on 29th April 2014. we attended the hearing on 10th Jan 2015 what was refused on March, 2015. we send another appeal request to 1st tribunal followed by upper tribunal. in both case, it has been refused saying "permission to appeal is refused"

So can anyone please give me advice what is the best course to do now.

1. should we go for JR or
2. Should we submit a new application.

If you go for JR, there will there be any right to work. if we start a new application, then how complicated it would be?

your advices will be highly appreciated. thank you in advanced.

Neither of them options confer or maintain right to work. Jr seems an unnecessary battle when both appeal stages gone passed. New application under same or diffrent category depending on your sitution may be advisable, see what lawyers or seniors here on board say

Do remember that you are an overstayer (since March 2015?).

@sushdmehta, I am a bit hazy on the workings, but would Section 3C not cover the period while the OP applied to First-Tier Tribunal and the Upper Tier Tribunal even though he got a refusal from both?

sushdmehta wrote:Do remember that you are an overstayer (since March 2015?).

we are not overstayer as we submitted all the applications within the deadline.

secret.simon wrote:@sushdmehta, I am a bit hazy on the workings, but would Section 3C not cover the period while the OP applied to First-Tier Tribunal and the Upper Tier Tribunal even though he got a refusal from both?

3C should work unless we are not going to JR.

I could be wrong, but I think that 3C only applies to appeals to the FTT/UTT. JR takes the case out from the appeals system to the courts system and so, I believe that 3C lapses. But I could be wrong.

you were not overstayer have now been since dismissal of your permission to appeal with Upper tribunal, it has previusly been seen that a permission granted for JR that this case will be heard in future will not break the long residency until matter concluded(if) in appplicant derogatory. applicant however will not have right to work because he would have exhausted all his appeal rights before JR.

(well personally know a case where a person waiting JR hearing to be had,completed his 10 years withdew in appeal and successfully applied for ILR(LR))

Princess of Ammi wrote:you were not overstayer have now been since dismissal of your permission to appeal with Upper tribunal.

What does it mean. Can't we go for JR or fresh application? in the last letter from UT, no guidance has been given to us regarding what action to take.

lol... UKVI refused your application courts staying in UKVI fav you are told off to leave the country what other guidance you after??

I dnt now if you are asking ppl on board to guide you ??

if you are within 28 days of last dismissal then re-apply I would !

What's about if i go For JR. and if they refuse me again in JR, can i go for Fresh application.

nah because you would have leap across 28 days that provision lets you apply within

aseefahmed wrote:What's about if i go For JR. and if they refuse me again in JR, can i go for Fresh application.

when your last permission to appeal was refused?

from that date u have 28 days to apply for a new application.

your 3c ends when from the date your permission to appeal refused.

U can go for JR its upto u but u classed as an overstayer during that time until u win JR.

secret.simon wrote:

sushdmehta wrote:Do remember that you are an overstayer (since March 2015?).

@sushdmehta, I am a bit hazy on the workings, but would Section 3C not cover the period while the OP applied to First-Tier Tribunal and the Upper Tier Tribunal even though he got a refusal from both?

Yes.

I had put a "?" for the very reason that the OP's first post isn't clear about whether both permissions were refused in March 2015 or when! The OP mentions only one period "March 2015" and no others period(s) with respect to progress of his appeal.

Section 3C leave ceases when you exhaust all appeal options!

And applying for JR does not extend section 3C leave!! If only the JR confirms that the earlier decision was not lawful and must be annulled would a period of "overstay (after section 3c ceased)" become legal. If JR finds no problem with the earlier decision then the applicant remains an overstayer from the day section 3c ceased in his case.

Applying within 28 days of exhausting all appeal rights doesn't make the period "legal" by any means .... it is just that UKV&I may ignore such small period of overstay (if and as prescribed in the immigration rules associated with the leave in question) for a maximum period of 28 days.

aseefahmed wrote: we send another appeal request to 1st tribunal followed by upper tribunal. in both case, it has been refused saying "permission to appeal is refused"

"Permission to appeal" is not same as allowing or disallowing an appeal. It is not clear from OP's posts as to whether Upper Tribunal heard the appeal or not. If First-Tier tribunal refused permission to appeal (further) then how did the Upper Tribunal come into the picture?

OP needs to clarify the sequence of appeal progress in his case.

sushdmehta wrote:

aseefahmed wrote: we send another appeal request to 1st tribunal followed by upper tribunal. in both case, it has been refused saying "permission to appeal is refused"

"Permission to appeal" is not same as allowing or disallowing an appeal. It is not clear from OP's posts as to whether Upper Tribunal heard the appeal or not. If First-Tier tribunal refused permission to appeal (further) then how did the Upper Tribunal come into the picture?

OP needs to clarify the sequence of appeal progress in his case.

after first tribunal refused the appeal , we applied to UT to reconsider it for hearing.

aseefahmed wrote:after first tribunal refused the appeal , we applied to UT to reconsider it for hearing.

As Zee Ali has mentioned above, your section 3C leave ceased the day UT refused your permission to appeal. You have been an overstayer after that day.

sushdmehta wrote:

aseefahmed wrote:after first tribunal refused the appeal , we applied to UT to reconsider it for hearing.

As Zee Ali has mentioned above, your section 3C leave ceased the day UT refused your permission to appeal. You have been an overstayer after that day.

Can you please tell me within how many days i have to apply for JR. thank you in advanced.

Any claim form in an application for judicial review must be filed no later than 3 months after the grounds to make the claim first arose.