angelStha wrote:HI Guys,
My ILR has been refused by HO today. Please advice urgently, My immigration History as follows: (SORRY FOR ALL CAPITAL LETTERS)
Student from sep 2004 till SEP 2011 ( NO ISSUES)
PSW TILL 14TH JUNE 2013
APPLIED ENTREPRENEUR VISA ON FEB 2013 (REJECTED ON APRIL 2013 WITH NO APPEAL RIGHT AS VISA STILL VALID TILL JUNE 2013)
APPLIED AGAIN FRESH ENTREPRENEUR VISA ON 12TH OF JUNE 2013 ( GRANTED VISA TILL NOV 2016)
APPLIED ILR ON 28TH AUG - REJECTED:- REASON GIVEN BY HOME OFFICE BELOW -
1- APPLICATION MADE ON FEB 2013 FOR ENTREPRENEUR VISA WAS REJECTED WITH APPEAL RIGHT BUT NO APPEAL WAS MADE FOR THIS DECISION.
2. FRESH APPLICATION FOR ENTREPRENEUR VISA WAS MADE ON 12 JUNE 2013 WHICH EXCEEDS 28 DAYS PERMITTED BY HOME OFFICE.
GUYS, WHEN MY VISA WAS REJECTED THEY DID NOT GIVE APPEAL RIGHT AND I DO HAVE PROOF OF IT (REJECTION LETTER FROM HOMEOFFICE CLEARLY SAYS I DON'T HAVE APPEAL RIGHT AS MY VISA EXPIRES ON 14TH JUNE 2013). NOW THEY ARE SAYING THEY GAVE ME APPEAL RIGHT BUT I CHOOSE NOT TO APPEAL IT.
SECONDLY, WHEN I REAPPLIED ON 12 JUNE 2013, I STILL HAD VALID VISA I.E. TILL 14 JUNE 2013. THEY ARE SAYING THIS APPLICATION WAS OUT OF 28 DAYS PERIOD AND HENCE I HAVE BROKEN CONTINUOUS STAY.
THIS TIME ALSO THEY HAVE NOT GIVEN ME APPEAL RIGHT AS MY CURRENT VISA EXPIRES ONLY IN 2016. PLEASE ADVICE WHAT SHOULD I DO??
Thank you in advance. This forum has always been helpful.
Dear angelStha,
I was a silent reader till now and today your refusal forced me to share my feelings with others.
I am equally sad and shocked with the outcome of your application. This is just a "b**l-s**t".
My advice is to see a qualified solicitor before taking a next step because 10 years is more than 25% of a man's life.
Kindly if you don't mind ,reply my couple of questions which will be helpful for all of us and hopefully for your as well.
1- When you submitted your 1st Tier 1 Ent application in FEB 2013 obviously you returned your PSW BRP to HO.When you application was rejected with no right to appeal ,did you receive back your PSW BRP?
2-If it was returned to you then apparently you have continuous legal stay and if it was not returned then what did HO inform you about your immigration status in the rejection letter?
Regards,