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nikitpatel
Junior Member
Posts: 61
Joined: Fri Oct 28, 2011 11:40 am
Location: London
India

Need help urgent

Post by nikitpatel » Mon Feb 17, 2014 12:58 pm

Dear Friends,
I am a friend of Nikitpatel, seeking urgent help in my immigration matter. My appeal against notice of removal is been dismissed from First Tier Tribunal and dont know what to do further.
My case is as below,
1. Arrived in the UK in September 2009 to study ACCA under Tier 4 route with one dependent (My Husband)
2. Visa was Valid upto 8th January 2012
3. Complete 9 modules of ACCA out of 14 before expiry of my visa.
4. My daughter born here on 21st September 2011
5. Submitted a fresh Tier 4 application in December 2011 to study Level 7 Course, as none of the colleges were ready to give me admission to finish 5 modules of ACCA because of minimum eligibility criteria to issue CAS for international student is one year study means 6 modules of ACCA.
6. Submitted fresh Tier 4 application on 18th December 2011 with two dependent(My husband & daughter)
7. Application was refused and returned back to me on 10th January 2012 (Two days after the expiry of my visa) because of payment of fees not gone through due to typo error in debit card number on my application form.
8. Resubmitted application on 15th January 2012
9. Application refused on 5th March 2012 because of sort of maintenance fund and also no progress in previous study!
10. Got advice from one solicitor and submitted JR.
11. Meantime homeoffice have issued IS151A
12. JR refused on 1st October 2012
13. Submitted FLR (O) on 24th October 2012.
14. FLR(O) refused on 7th May 2013
15. Submitted JR against refusal on 8th July 2013
16. Received IS151B with ROI on 2nd August 2013
17. Submitted appeal documents.
18. Hearing was on 7th February 2013
19. Received a determination on 15th February 2013 saying appeal in respect of the immigration rules and human right ground is dismissed.

Now solicitor have advised to go to UT.
Please advised available option if decision of UT doesn't comes in my favour. Can I make fresh Tier 4 application if decision doesn't comes in my favour?
Also can my husband make Tier 1 Entrepreneur application from within the UK?

Earlier respond must appreciated.
Thanks.

4uvak000
Member
Posts: 102
Joined: Mon Jun 10, 2013 9:54 am

Re: Need help urgent

Post by 4uvak000 » Tue Dec 02, 2014 12:12 am

I do not see how you husband can switch inside the country for this type of visa https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa. Go for UT. It is not much you can do to be honest. You only live her for 5 years which is according to Immigration rules is not a significant time to create social ties to the country. You can make appeal after appeal trying your luck. I am not sure that you will be able or want to fight in the courts for the next 5 years to bring it to 10 years lawful residence in the UK. May be PhD? I am not sure about this route. May be seniors might help.

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