No right to appeal after the second application

I have been a follower of this forum for quite some times now. However this is my first time posting so I hope the member of this forum can give me some directions of what to do about my immigration situation.

I received a refusal letter from Home Office on the 19th of November for the second attempt with the reason that I did not submit the current appoint report. Here is the timeline of my applications for Tier 1 Entrepreneur:

- My PSW was expired on the 2-August 2014
- First application was submitted on the 31-July. My company was registered with the Companies House on the 5-June.
- First refusal letter was received on the 23-August on the basis that I did not submit the business bank account and Current Appointment Report.
- Second fresh application was sent out on the 9-September. I did not go for the appeal and my second application was submitted within the 28 days time-frame.
- Second refusal letter was received on the 19-November on the basis that I did not submit the Current Appointment Report. HO said that I do not have a right to appeal due to the fact that my visa was expired on the 2-August. They gave me the option to apply a fresh application outside of the UK.

My mistake I made was the I submitted the Current Company Report instead of Current Appoint Report.
My situation is that I have been in the UK for 9 years and by September 2015 I will reach the 10 years for ILR.

Please advise me what should I do next?
Hope I will get an advice soon.

Sorrry to hear abt UR refusal. I think u should go for JR and complete it 10 years this way. Some legal experts are of the view that time spent while waiting for the JR is not counted in 10 years while some say it's counted. But I have seen someone who got his ILR while he waited 8 months for JR hearing date and just before hearing he withdrew his jr and applied ILR . Best of luck

So sorry to hear your case. I hope you get best possible advice. Unlucky you! some times you do mistakes like that i understand. Are you working somewhere i think you should go for JR but meanwhile look for Tier 2 sponsor.

cancerian wrote: cancerian

Hi Cancerian

Need to know can we apply for tier 2 visa after getting a 2nd refusal. Our visa expired last year.. Ur quick response help us. We are in uk now.

Do you know any experienced barristers who can help with my case? Please advise me. Thx a lot.

monicaB14 wrote:Do you know any experienced barristers who can help with my case? Please advise me. Thx a lot.

I have a question

Why u didn't go for appeal when u refused first time?

when u r so closed to complete your 10 years. i don't understand why why.

u can easily spend this time on hearing process if u short of 1 or 2 months at the end u could apply again at that time.

What can is say. Who advised u?

naveencandy8 wrote:

cancerian wrote: cancerian

Hi Cancerian

Need to know can we apply for tier 2 visa after getting a 2nd refusal. Our visa expired last year.. Ur quick response help us. We are in uk now.

Cancerian information is wrong u can't apply any PBS application after 2nd refusal.. In other words u can apply (if u have extra money to pay to HO) but it will be a straight forward refusal.

pakhtoon77 wrote:Sorrry to hear abt UR refusal. I think u should go for JR and complete it 10 years this way. Some legal experts are of the view that time spent while waiting for the JR is not counted in 10 years while some say it's counted. But I have seen someone who got his ILR while he waited 8 months for JR hearing date and just before hearing he withdrew his jr and applied ILR . Best of luck

JR time only counts towards 10 year ILR if your JR is successful.

Zee ali wrote:

pakhtoon77 wrote:Sorrry to hear abt UR refusal. I think u should go for JR and complete it 10 years this way. Some legal experts are of the view that time spent while waiting for the JR is not counted in 10 years while some say it's counted. But I have seen someone who got his ILR while he waited 8 months for JR hearing date and just before hearing he withdrew his jr and applied ILR . Best of luck

JR time only counts towards 10 year ILR if your JR is successful.

That is wrong. JR does not confer section 3C, therefore time spent under will not confer Section 3C.

Time spent while waiting for JR do count towards 10years long residency, the only issue is that Section 3C does not apply while waiting for JR, but if an employer does not stop an applicant from working, then there shouldn't be any problem.

JR is a process of redress and as long as an applicant JR is pending, such applicant are legal in UK so why would time spent during this period not count towards long residency.

There are few applicants on the forum who got ILR while waiting for JR outcome.

I will safely assume that the views above is your personal view, rather than the law.

Judicial review does not have the effect of extending a per sin ' s leave as section 3C , therefore it cannot have the effect of maintaining a right they once held.

The argument is not solely about section 3C but about legal right of continuous stay in UK during JR.

Regardless of my view, few applicants have successfully got ILR while awaiting JR outcome.

I will try and get a link just for clarification.

With all due respect, the above view is not one that i share.

A person who is not a British National or EU national, requires leave to stay in the UK , unless they are exempted from immigration control.

Lack of this leave, if they are not exempted, makes then an overstayer .

JR confer a right to challenge the decision of a public body.

It does not confer any of the right which is provided by section 3C.

A person can only be lawful in the UK if they have extant leave, or their leave is extended by statute.

The long residence provision provides for continuous residence with leave.

A judicial review does not confer leave.

Therefore even if your view on the fact that the person who is here awaiting the outcome of a JR is here lawfully here, that does not mean that person has leave which can be used for the purpose of the Long residence.

An asylum seeker who has made a claim is here lawfully until that claim is decided, and any appeal rights is been exhausted.

That does not mean such person has leave which can benefit them in regards to the Long Residence Provision.