Can I withdraw the tier 1 entrepreneur visa application and

[la]

apply for my current student visa extension with new CAS.

Please remember that my current student visa is already expired few months back. Please help me (urgent)

[Lucapooka]

No.

[la]

Hi Lucapooka,

Thanks for info. Let us assume if my tier 1 entrepreneur visa is refused. Then in this case, could you please let me know in what scenarios, I can apply for student visa with out leaving country UK if I have valid CAS. I prefer premium service.

[esic_sonia]

Hi la,

Sonia here.

The best option for you is to go through Immigration Rules Clause 320-7 (Link : http://www.ukba.homeoffice.gov.uk/polic ... les/part9/) Pay special attention to sub-clause 7B

Here's a flowchart for you : http://www.ukba.homeoffice.gov.uk/sitec ... wchart.pdf

Always rely on first hand information. First, go through the links provided above. If, you do not understand anything, just ask.

Regards,
Sonia

[rehan01]

Hi la,

Sonia here.

The best option for you is to go through Immigration Rules Clause 320-7 (Link : http://www.ukba.homeoffice.gov.uk/polic ... les/part9/) Pay special attention to sub-clause 7B

Here's a flowchart for you : http://www.ukba.homeoffice.gov.uk/sitec ... wchart.pdf

Always rely on first hand information. First, go through the links provided above. If, you do not understand anything, just ask.

Regards,
Sonia

Hi Sonia,

Thanks for the very informative link, excellent work.

regards

[la]

Hi esic_sonia,


Thanks for excellent info but I do not understand why are trying to say all these. Earlier I have neither fall in those specified conditions / nor I have used deception in my previous immigration history. If I would done, I would have told you.

I am asking general question saying if tier 1 entrepreneur is refused in future due to scoring enough points and then , Can I apply for student Visa ( with valid CAS ) in the given 28 days time.

Please reply urgent.

[rehan01]

I do not understand why are trying to say all these.


I am neither fall in those specified conditions / not i have used deceptions in my previous immigration history.

I am asking general question saying if tier 1 entrepreneur is refused due to failure to meet investment funds and then , Can I apply for student Visa.

NO, As Lucapooka given the answer above

[la]

Sir Rehaman,

Lucapooka has given answer for one scenario which I mentioned initially that is if I withdraw tier 1 (after expiry of my current tier 4 student visa) then I can not apply. Now I am asking different scenario. Please go through scenarios properly before you reply to any post.

[rehan01]

Sir Rehaman,

Lucapooka has given answer for one scenario which I mentioned initially that is if I withdraw tier 1 (after expiry of my current tier 4 student visa) then I can not apply. Now I am asking different scenario. Please go through scenarios properly before you reply to any post.

No for both sir LA and also if I am replying to every post why is it bothering you LA?

From now on I wil try not to reply to thred started by you as I guess you have more information then me for sure

Regards

[la]

That is good

[entreprenuer11]

it depends on your grounds of refusal. you may get right to appeal and to make a fresh application under general grounds of refusal. but in cases like deception you do not get right to appeal or to make fresh application.

if you get right for fresh application than you may make this application under any category.

[la]

Hi Entreprenuer11,

Thanks for the info.

I understand if my application is refused under normal grounds then, I am able to switch over to the other application in 28 days time.

Can I use premium service for this.

Regards,

[esic_sonia]

Hi esic_sonia,


Thanks for excellent info but I do not understand why are trying to say all these. Earlier I have neither fall in those specified conditions / nor I have used deception in my previous immigration history. If I would done, I would have told you.

I am asking general question saying if tier 1 entrepreneur is refused in future due to scoring enough points and then , Can I apply for student Visa ( with valid CAS ) in the given 28 days time.

Please reply urgent.

I was merely trying to explain you that 28 days period in which you need to file for a new application, otherwise you will become an overstayer. Moreover, refer to my earlier link if your visa is refused under those categories (generally you will not get 28 days if your visa is refused under deception or fraudulent documents or claims)

Since your application is with UKBA, the application fees will not be refunded even if you withdraw your application.

Now you need to understand few things. In case of withdrawing your application:

1) You can only withdraw your previous application and submit a new application if your current visa is still valid (for example your visa is valid until May, you file your application in March... and decide to withdraw application in April and submit a new one before expiry date)

2) You will not get 28 days to apply for any other valid visa route applicable unto you


If your visa is refused, under general conditions, you will get 28 days to reapply. If you apply after 28 days, you will loose appeal rights mentioned under Section C.
http://www.ukba.homeoffice.gov.uk/sitec ... ction5.pdf

[la]

Hi Esic_sonia,

Thanks for excellent information.


Could you please help me, If some one as tier 4 student able to apply for new application in 28 days after visa refusal under normal scenarios , then can tier 4 student choose one day premium service to switch over to tier 2 or tier 4 visa category.

After refusal, can a tier 4 dependent also move to tier 2 category if he has valid sponsor ?

Before refusal, tier 4 student dependent apply for variation of leave to change from tier 1 entrepreneur dependent to tier 2 if he has valid sponsor ?

Please reply urgent.

Regards,

[esic_sonia]

You are welcome.

Could you please help me, If some one as tier 4 student able to apply for new application in 28 days after visa refusal under normal scenarios , then can tier 4 student choose one day premium service to switch over to tier 2 or tier 4 visa category.

Yes. They may... That's what 28 days are for. Plus, they must have a valid sponsor (there's a minimum wage limit set for Tier 2, so please make sure of that)

After refusal, can a tier 4 dependent also move to tier 2 category if he has valid sponsor ?

Yes. From any Tier 4 category & dependent partner of a Tier 4 migrant is allowed. [ Source : http://www.ukba.homeoffice.gov.uk/visas ... igibility/ ]

Before refusal, tier 4 student dependent apply for variation of leave to change from tier 1 entrepreneur dependent to tier 2 if he has valid sponsor ?

Can you elaborate it more?

[la]

Thanks for the info.

I mean, currently my visa tier 4 student dependent visa is expired on October-30-2012.

Before that on October-20-2012, I applied as tier 1 entrepreneur dependent to my wife (main applicant).We have not received result yet.

Can I use premium service right way to apply for tier 2 sponsorship if I find tier 2 sponsor while waiting for out come of tier 1 entrepreneur dependent application.

You are saying that we have 28 days legal time (will not come under overstay)after refusal. Could you share the proof of UK BA link.

It seems UK BA links which you have said , does not say anywhere that we have 28 days legal time to switch over to other category. Could you help this query as well.


Please reply urgent.

[esic_sonia]

Thanks for the info.

I mean, currently my visa tier 4 student dependent visa is expired on October-30-2012.

Before that on October-20-2012, I applied as tier 1 entrepreneur dependent to my wife (main applicant).We have not received result yet.

Can I use premium service right way to apply for tier 2 sponsorship if I find tier 2 sponsor while waiting for out come of tier 1 entrepreneur dependent application.

You are saying that we have 28 days legal time (will not come under overstay)after refusal. Could you share the proof of UK BA link.

It seems UK BA links which you have said , does not say anywhere that we have 28 days legal time to switch over to other category. Could you help this query as well.


Please reply urgent.

When you are being refused permission to certain category, you have 28 days to reapply for another acceptable route (taking into account your last valid UK visa). Some switches are allowed, some aren't.

About 28 days law, here are the links.

Tier 1 Guidance - Point 10 (Page 2) ( http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf )

( http://www.ukba.homeoffice.gov.uk/sitec ... r/01-rules )

In my view, your new application will supersede your previous application (if your decision is still pending), however, you will have to Call them and ask directly. Your fees will not be refunded.

[la]

Hi esic_sonia,

Thanks for the info.

in that uk ba link, they mentioned that, The 28 day period of overstaying is
calculated from the latest of:
• the end of the last period of leave to enter or remain granted;
• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971; or

For example- if my visa is refused on June-01-2013, then do I come under valid sections 3C or 3D Immigration Act till 28 days time after refusal which would be upto June-28-2013 in this example?

After June-28-2013, I have further 28 days to switch to another category - i.e till July-26-2013. If I try to switch to other category beyond this date July-26-2013, my further leave to remain will be automatically refused. Please confirm if my understanding is correct

[esic_sonia]

Hi esic_sonia,

Thanks for the info.

in that uk ba link, they mentioned that, The 28 day period of overstaying is
calculated from the latest of:
• the end of the last period of leave to enter or remain granted;
• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971; or

For example- if my visa is refused on June-01-2013, then do I come under valid sections 3C or 3D Immigration Act till 28 days time after refusal which would be upto June-28-2013 in this example?

After June-28-2013, I have further 28 days to switch to another category - i.e till July-26-2013. If I try to switch to other category beyond this date July-26-2013, my further leave to remain will be automatically refused. Please confirm if my understanding is correct

As far as I can tell, there are no 28+28 days period. You will get refused if you do not comply with the rules. After 28 days, you must go back to your home country. Your rights are also diminished in 28 days period, but after 28 days period, you are left with little options

[la]

Hi Sonia,

Thanks,

if my visa is refused on June-01-2013, then do I come under valid sections 3C or 3D Immigration Act till 28 days time after refusal which would be upto June-28-2013 in this example?

[esic_sonia]

Hi Sonia,

Thanks,

if my visa is refused on June-01-2013, then do I come under valid sections 3C or 3D Immigration Act till 28 days time after refusal which would be upto June-28-2013 in this example?

You are welcome la!

Yes. By law, you are given 28 days period. If you appeal and get refused, you will still get 28 days, but not under 320-7B Clause.

It will state in your letter!

[la]

Hi Sonia,

Thanks for all your help. Currently I am working as contractor. my visa is expired on October-2012-20. Applied for entrepreneur dependent visa before my visa expiry (20-October-2012). Currently, Waiting for tier 1 entrepreneur dependent application.

Meanwhile if I get tier 2 sponsor to sponsor me and will decide to switch over to tier 2 application using premium service.

As part of my application process , while filling following tier 2 sponsor application, page 16 , section E 1 , which check box option I need to select - I am bit confused - Could you please help me.

http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

I think I have limited leave to remain as I have section 3C leave. I need to select limited leave to remain as per section 3C. Please confirm.

[esic_sonia]

Hi Sonia,

Thanks,

if my visa is refused on June-01-2013, then do I come under valid sections 3C or 3D Immigration Act till 28 days time after refusal which would be upto June-28-2013 in this example?

Yes. As long as you are not sectioned under 320-7 clause.

Why are you so sure that you are going to get refused?

[la]

Hi Sonia,


I am not sure whether it is going to be refused or not. But to keep me under safer side, instead of leaving country, I prefer to switch to tier 2 general as I have ongoing one year contract now with me. I can choose premium service.

Meanwhile could you please confirm below query.


As part of my tier 2 general application process , while filling following tier 2 sponsor application, page 16 , section E 1 , which check box option I need to select - I am bit confused - Could you please help me.

http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf

I think I have limited leave to remain as I have section 3C leave. I need to select limited leave to remain as per section 3C. Please confirm.

Regards,