ILR refused and options

Hi,

I came to UK December 2010 on tier4
Then switch to PSW on March 2012 but visa granted August 2012.
Then applied for Tier (1) Entrepreneur on August 2014 was refused and later granted by First Tier and Upper tribunal and visa issued on January 2016.
My wife came to UK Sep 2018.
Applied for extension on January 2019 and granted till February 2021.
Applied for ILR Set (O) on February 2021 and after interview refused on May 2021.
Applied for Admin review within 14 days and refused on 19th July 2021.
I am thinking to apply for Set (LR) as I completed 10 years already. If I apply for Set (LR), do I have to apply within 14 days? Do my 3C leave continue for 14 days now? Can I continue my business now? I beleive my wife's visa for PBS dependent extension will be refused as well. She is working now. Does the refusal mean she will loose her right to work? If I apply for Set (LR) now, what visa she should apply?
If her visa is not refused by that time, can I vary her application to FLR(M). Sorry for too many questions. Thanks

You should describe your refusal reasons.
As well as the exact dates you applied each visa on, as they will be relevant in finding the answer for your question.

Regarding 3C, your 3C will run out when 14 days from refusal if you don't ask for a review. If you do ask for a review then your 3C will continue until there's a decision on your admin review or until you withdraw your review application. And I believe this means you'll become an overstayer from that day onwards. So you should not use it as an option to buy time and make an application later. If you make a SET(LR) application right now within 14 days of your refusal, your application will be in time and 3C continue until a decision is reached.

But your eligibility of SET(LR) will vary based on when you applied your previous applications in the past 10 years and whether there was any break in lawful residence. This is why the date of you past application is important, rather than just the month and year.

As long as 3C is valid, you'll be subject to the same rules and conditions you had before with no change (i.e. your most recent valid visa from which the 3C is derived from).


Regarding how it all affects your wife's dependent visa. That I can't answer as I have no knowledge on it.

Nightshade wrote: ↑

Wed Jul 21, 2021 7:57 pm

You should describe your refusal reasons.
As well as the exact dates you applied each visa on, as they will be relevant in finding the answer for your question.

Regarding 3C, your 3C will run out when 14 days from refusal if you don't ask for a review. If you do ask for a review then your 3C will continue until there's a decision on your admin review or until you withdraw your review application. And I believe this means you'll become an overstayer from that day onwards. So you should not use it as an option to buy time and make an application later. If you make a SET(LR) application right now within 14 days of your refusal, your application will be in time and 3C continue until a decision is reached.

But your eligibility of SET(LR) will vary based on when you applied your previous applications in the past 10 years and whether there was any break in lawful residence. This is why the date of you past application is important, rather than just the month and year.

As long as 3C is valid, you'll be subject to the same rules and conditions you had before with no change (i.e. your most recent valid visa from which the 3C is derived from).


Regarding how it all affects your wife's dependent visa. That I can't answer as I have no knowledge on it.

The part I highlighted is INCORRECT. His section 3C has now ended and he is an overstayer now. You cannot apply for a new application under section 3C at all. A new application will be out of time as he does not have a valid visa

To the OP: You must apply for SET(LR) now as you are eligible and apply for FLR(M) for your wife. Your wife's application (if not refused yet) may be varied so she can maintain her section 3C. You will remain an overstayer until ILR is granted. You can run the business as usual but you must not be on the payroll

Oh yea you are correct. He already is overstayer, it's just that if he apples now paragraph 39E will apply

Nightshade wrote: ↑

Thu Jul 22, 2021 8:31 am

Oh yea you are correct. He already is overstayer, it's just that if he apples now paragraph 39E will apply

There are no appeal rights. I assume you mean to apply

Zimba wrote: ↑

Thu Jul 22, 2021 10:30 am

Nightshade wrote: ↑

Thu Jul 22, 2021 8:31 am

Oh yea you are correct. He already is overstayer, it's just that if he apples now paragraph 39E will apply

There are no appeal rights. I assume you mean to apply

Yea sorry, I meant apply.

Zimba advice your correctly , u can apply for ILR your time will be covered by 39E if you apply within 14 days of admin review.

i believe your application could be in-time if you apply within 14 days as you will be covered by 39E.

dont wait 14 days apply asap.

i believe your wife can apply for flr(m) or flp(fp), when u applied ask to check working checking will give you idea for both of you.

i am not immigration advisor above is from my experience, Good Luck

bilallondon wrote: ↑

Thu Jul 22, 2021 1:51 pm

Zimba advice your correctly , u can apply for ILR your time will be covered by 39E if you apply within 14 days of admin review.

i believe your application could be in-time if you apply within 14 days as you will be covered by 39E.

dont wait 14 days apply asap.

i believe your wife can apply for flr(m) or flp(fp), when u applied ask to check working checking will give you idea for both of you.

i am not immigration advisor above is from my experience, Good Luck

I repeat AGAIN, an in-time application is an application submitted when you have a VALID VISA. When you do NOT have a valid visa, your application will be out of time. This is very specific. You can apply within that 14 days but your application will be out of time.

An in-time application is an application made by a person in the UK who at the time of application has leave to enter or remain.

https://assets.publishing.service.gov.u ... 0.0ext.pdf