enterprenuer visa and appeals dismised

Interprenues visa and appllea both gone and only 4 , months to completev10 years ,......any help what is the best way to complete this period legally and apply for ilr
Thaks

Any expert plz come on.....

go to Court of Appeal then and gain time from there to completer your 10 years

cheers

make an application to buy time. Vary your application when you reach 10 years.

You need to give a detailed history on your last application and court decision to get a good advice.

Thx for all replies......
I applied interprenuer visa sep 2012 and after my interview in may 2013 I got refusal in june 2013. Then went for appeal and had my hearing in april 2014. Got refusal in may 2014 and asked lower tribunal for permission to appeal again got refusal, applied for same permission to appeal to upper tribunal and againg got refusal yesterday and they didnt gv me right to go courts of appeals. Now I am going to compete my 10 years in 4 months time which would ne in nov 2014......now I dont know how to complete this time as legal stay so that I would be able to apply for ILR...
According to 2 solictors there are 3 options
1. Judicial review
(But that time wouldn't count towards 10 years)
2. Apply In different or same cataogory
3. Apply ilr application and hope they will take more then 4 months to reply and obviously will get refused and by that time my 10 years ill be completed and apply again ......
So any advice what step I shoud take ......

mario ali wrote:Thx for all replies......
I applied interprenuer visa sep 2012 and after my interview in may 2013 I got refusal in june 2013. Then went for appeal and had my hearing in april 2014. Got refusal in may 2014 and asked lower tribunal for permission to appeal again got refusal, applied for same permission to appeal to upper tribunal and againg got refusal yesterday and they didnt gv me right to go courts of appeals. Now I am going to compete my 10 years in 4 months time which would ne in nov 2014......now I dont know how to complete this time as legal stay so that I would be able to apply for ILR...
According to 2 solictors there are 3 options
1. Judicial review
(But that time wouldn't count towards 10 years)
2. Apply In different or same cataogory
3. Apply ilr application and hope they will take more then 4 months to reply and obviously will get refused and by that time my 10 years ill be completed and apply again ......
So any advice what step I shoud take ......

Hello Ali,

With out wasting your time put new application. JR is not the right option for your long residency. But you have to make sure that this time you are covering all the point been looked in your 1st refusal. I have done few reapplied cases with in 28 days & been granted visa's. So make sure your docs are up to the standards.
BEST OF LUCK

Regards

Thx but how about making ilr application coz I heared that if I apply again then wouldn't get apeal right if it is rejectec again ....

@ mario ali, is your last refusal from FTT or UT. If it is a refusal by FTT against permission to appeal to the UT, then submit your appeal directly to the UT as you still have the right to lodge appeal with the UT even if FTT refused your application to appeal to UT. You will buy more time with this and will be able to submit your ILR application in time.

Hi Mario, check your inbox.

mario ali wrote:
Interprenues visa and appllea both gone and only 4 , months to completev10 years ,......any help what is the best way to complete this period legally and apply for ilr
Thaks

Put in a new application.
Make sure there is no documents or any info missing.
If you have all points covered next thing is to get the application approved or an interview.
In case you get an interview at that time which should be around 8 weeks from now vary your application to ILR and there you go you would be in the que for 10 years which will definitely take you way over 10 years.

PLEASE MAKE SURE YOU HAVE ALL POINTS COVERED SO THAT YOU ARE NOT REFUSED STRAIGHT AWAY, REST YOU CAN PLAY AROUND.

Thx for reply...
My last refusal is from utt...so all apeals are exhausted .....
U see problem is that my maintenence funds are not enough from last three montnd and short in 50,000 aswell..
Thats why am more thinking in line of making ilr application ....and hope they don't come back in less then 4 months.

@mario ali..........when u will apply for fresh application then ur long residency may be considered broken.

in my opinion ur long residency has been broken since refusal from UT.. wait for more expert advice.

Assuming your PSW expired in 2012.
If you are unable to continue with the appeal process there is no point in applying for ILR. Your ten year clock has effectively stopped in 2012 pending the tier 1 ent process. No new leave to remain and appeal rights exhausted leaves you with a hole in your 10 years that will not be bridged by putting in an ILR claim. An ILR application will give you more time in the UK but with an almost certain outcome of a refusal.

@ mario ali, I will advice you to re-apply as a Tier 1 entrepreneur applicant and try to prolong your biometric registration by taking extension. You can then VARY your application to ILR before the decision is taken.

Your PSW visa was extended by virtue of section 3C, so your previous visa technically expired on the day of UT decision.

Thx for relpy
Well today I met another soclictor and was told that applying interprenuer visa or ilr wouldn't break legal long stay....
Don't know who to belive ......
More advices would be appreciated.

mario ali wrote:Thx for relpy
Well today I met another soclictor and was told that applying interprenuer visa or ilr wouldn't break legal long stay....
Don't know who to belive ......
More advices would be appreciated.

Hello Mario,

You have been given good advises from all users and you are meeting with solicitors. Do not make yourself more confuse & make new application.

Frontier Mole wrote:Assuming your PSW expired in 2012.
If you are unable to continue with the appeal process there is no point in applying for ILR. Your ten year clock has effectively stopped in 2012 pending the tier 1 ent process. No new leave to remain and appeal rights exhausted leaves you with a hole in your 10 years that will not be bridged by putting in an ILR claim. An ILR application will give you more time in the UK but with an almost certain outcome of a refusal.

Can you please tell me on what grounds are you saying that his ten years clock stopped in 2012? Long residency ILR is based on the fact that a person has lived legally in the country for a long time with minimum breaks and hence established a life here. He was exercising his rights to appeal HO decision and even if the appeals were not granted he was not living illegally in the country.

What I would like to know is your qualification in making those observation and if you don't have any then please stop spreading negativity.

Thank you.

The indivijduals last grant of valid leave ended in 2012 - they have relied on 3c continueing. leave since that point. A sucession of appeals has kept a tier 1 ent application alive until finally the courts have said enough is enough. The tier 1 ent application was obviously without merit.
3c has now ended and the clock has stopped,, his record will show the last grant of effective leave ended in 2012. Yes there has been a futher application and yes while the multipal attempts to keep a flawed tier1 application alive he had continuing PSW leave.
The main point is his clocked has stopped now. There is everyday from now on a hole in his continuous leave. That can not be retropesctively repaied. If he applies for another type of leave it is without the protection of 3c.
He can not work, undertake tier 1 ent activity (if he ever engaged in such ). If he is employed at this time he is endagering his employer as he has no leave.
In essence unless he moves onto a visa type that will be in effect almost immediately and is not subject to refusal and can remain in place until his 10 years is achieved any HO caseworker will refuse ILR on the break of continous leave. The appeal will take forever but the clock will not be ticking and his failure to secure the tier 1 visa will stand against him if the case goes to court. Credibilty and intention are not on his side.
It is not so much being negative - more to do with the reality of the situation. If he were running a business and pulling in money, employing people he would suceed in another tier 1 ent application. I am guessing he has no business, no employees and has happily been employed at some sub tier 2 level job for the entire duration of his appeal.

Hi Mario, this frontier mole is making no sense. I know people who have been going through exhausting his appeal rights and clocked 10 years and got ILR. Don't get nervous and consult a good solicitor.

@frientier mole....has point to understand that 3c covers applicant time from date of expiring the very last leave to the day applicant get new visa or incase of appeal the applicant win appeal.
@pukhtoon77..........if appeal exhausted at all level then how come the 3c will cover applicant, 3c is not for life???

in my view someone can clock in 10y on 3c only when appeal has not been exhausted.

Hi,
Again thanx for relpy....
Does anyone knows in how many days judicial review can be filed
Thx