Pre-action protocol or judicial review

Hi everyone,

My ILR (PEO application) for Tier 1 (general) is refused after 15 months and I was not given right to appeal. I have very strong points to prove that my application should not be refused and I am very confident that I can win. As per my findings I have to file pre-action protocol and then need to go for judicial review. This process may take up to 3 months to 6 months or 1 year. I also read that I cannot continue my employment.

Within how many days do I have to apply for Pre-action protocol/ judicial review and can I continue my employment during this period.

Thanks in advanced.

Regards

Can you share the reason for refusal so we can try to guide you accurately .

Reason given is deception to claim points in earning during tier 1 extension. This is not true and I feel that some misunderstanding here by caseworker. I have very strong points to prove that it was very wrong.

y9ma wrote:Reason given is deception to claim points in earning during tier 1 extension. This is not true and I feel that some misunderstanding here by caseworker. I have very strong points to prove that it was very wrong.

It's mean your earning digits with Home Office and HMRC are not matching for the previous application if I asume .Pls provide more details .....

The reason for refusal is irrelevant. Whatever you want to do, you should do it as soon as possible as you are now overstaying in UK and since you are not covered by any immigration act (which can make your stay legal) for the JR, you are not allowed to work either.

Contact an experienced immigration solicitor asap if you feel HO's decision is erroneous.

Goodluck!

y9ma wrote:Hi everyone,

My ILR (PEO application) for Tier 1 (general) is refused after 15 months and I was not given right to appeal. I have very strong points to prove that my application should not be refused and I am very confident that I can win. As per my findings I have to file pre-action protocol and then need to go for judicial review. This process may take up to 3 months to 6 months or 1 year. I also read that I cannot continue my employment.

Within how many days do I have to apply for Pre-action protocol/ judicial review and can I continue my employment during this period.

Thanks in advanced.

Regards

I logged my JR against my ILR refusal. Looks I am on the same boat as you were before,I mean I do not have a valid Visa . Can you please or any senior member explain in detail about my status. Solicitors out there are saying that HO can deport me at any time and some are saying while your case in under JR ,they will consider this , some are saying that I am on grey area.don't know what is that grey or black area. I am really tensed . p!ease please help me out ,
Can you p!ease send me your number or email address I will explain in deatil

JR deadline is 3 months from refusal

pre-action protocol should give them 14 days IN ADVANCE of filing (eg 3 months less 2 weeks, at the latest)

obviously you do not have to wait that long

Why did they not give you a right of appeal?
Did you apply out-of-time?