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Hi I got this rejection for my Admin Review. Please let me know if my 3c will continue with that? Also I completed my 10 years can i vary my application on this stage? Originally i applied on set o tier 1 general and got refused for not filling self Assessment for 2010-11 on time. But it was filled before applying for Ilr. Admin Review filed on time and fee was paid.
Admin review rejection
Thank you for your application of 2nd dec 2016 for administration review of the decision of your indefinite leave to remain as tier 1 migrant.

Reasons why the application has been rejected

An administrative review application must meet the requirement of paragraph 34Lto 34 Y of the immigration rules HC 395, as well as immigration nationality (fees) regulation in order to be valid.we have rejected the application for following reason(s):

We have rejected your Administration Review application as it is to be passed back to the original case working team to review their original decision. They will be in touch in the due course to advise you of the outcome.

Fee for your attempted application
We will return the fee which you submitted with the invalid application.

Retention of documents
As you are liable to enforce from the UK your documents have been retained by Home office.

Applications are frequently refused when the Case Worker considers that the tax amendments/discrepancies have only been rectified due to the impending ILR and otherwise would have remained unpaid.

Harry23 wrote:Please let me know if my 3c will continue with that? Also I completed my 10 years can i vary my application on this stage? Originally i applied on set o tier 1 general and got refused for not filling self Assessment for 2010-11 on time. But it was filled before applying for Ilr.

You have no Section 3C protection now if your visa has already expired. If it has, your period of overstay starts counting form the day after it expired.

You now only have 14 days to submit a new application but long residence ILR will likely have the same checks again.

You have no Section 3C protection now if your visa has already expired. If it has, your period of overstay starts counting form the day after it expired.

You now only have 14 days to submit a new application but long residence ILR will likely have the same checks again.[/quote]

Thanks. As you said I don't have 3c, but nmy SR is rejected its not refused. In Ar they said they are going to passed back to review their original decision. So in that case do you think my 3 c will continue as case pending? Please clear me if i am wrong.
I am trying to find if case went back to the team that means they want Review again can vary this stage in lr.
Thanks

Harry23 wrote: Thanks. As you said I don't have 3c, but nmy SR is rejected its not refused. In Ar they said they are going to passed back to review their original decision. So in that case do you think my 3 c will continue as case pending? Please clear me if i am wrong.
I am trying to find if case went back to the team that means they want Review again can vary this stage in lr.
Thanks

HO rejects AR if its made out of time limit. I would suggest to email and get status update on AR. They normally reply within one working day.
admin.review.enquiries@homeoffice.gsi.gov.uk

You do not have scope to vary application as your decision has already been made on your application. I would suggest to clarify status with AR team and wait for result. ILR (LR) will go through same checks as tier 1 route.

Hi Harry23,
According to your rejection letter, they said your application has become invalid because it did not fulfil the requirement of paragraph 34L to 34Y of the immigration rule HCL 395 and immigration nationality fees regulation to be valid. My question is have you read in detail what this requirements meant.
Secondly your fees was not taken and your application has been sent back to previous case workers to review their original decision.
Normally, they took the AR fees and still refuse the application but in this instance they did not take your fees and they did not refuse your application rather they refused your fees and sent your application back to original case worker.
From my own conclusion your section 3C is still intact until the caseworker makes a decision either positive or negative. It is either the case worker applied the rules wrongly or something might have happened in JR from the time you were refused and now.

Thanks everyone.
Yes i sent emai on yesterday and sent them written letter as well. Review was in time as it was sent on 8 day after after receiving refusal. And fee was paid . And they are going to refund the fee. I heard noramally it says on AR decision if there is no right to work. But i am not sure in my case yhey made more complicated as AR team haven't reached to any decision and passed back to original team. I don't know why they are just making that much complicated.

Received email from AR team advised 3c will continue as application passed back to original case working team. They advised they don't know if i can vary application or grounds at this stage. They said i need to contact original team to check for this. Please anyone of you can advise me is there any benefit to vary application from set o ilr to lr? Thanks

As you've already been advised, the same checks will be made when applying for LR. If the extension application was refused due to tax amendments it will also apply to LR.