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ILR refused
Posted: Mon Mar 25, 2019 12:38 pm
by EVAN2020
hi
my ILR application was refused. the home office says my 3c leave ends when my AR was refused.
20/12/2017 --- applied for T1 entrepreneur ext
14/12/2017 --- LTR refused --- with AR. Home office said they did not receive my maintenance bank
statement.
28/05/2018 --- Ar applied. I challenge that I send Bank statement
27/06/2018 -- ar refused with new refusal reason. this time Home office said the receive bank statement
but it was not 90 days. The also gave me a chance to do another AR.
09/07/2018 --- further AR submit
03/08/2018 --- AR refused
16/08/2018 -- Fresh T1 entrepreneur ext
07/09/2018 -- Varied application to ILR
04/09/2019 -- Home Office refuse ILR application because they said my 3C leave ended when my AR was refused at 03/08/2018. They count 33 days was short for 10 years. They also gave me Appeal write.
Can I have your suggestion please
Re: ILR refused
Posted: Mon Mar 25, 2019 12:44 pm
by EVAN2020
04/03/2019 -- Home Office refuse ILR application because they said my 3C leave ended when my AR was refused at 03/08/2018. They count 33 days was short for 10 years. They also gave me Appeal write.
Re: ILR refused
Posted: Mon Mar 25, 2019 2:39 pm
by EVAN2020
hi
my ILR application was refused. the home office says my 3c leave ends when my AR was refused.
20/12/2017 --- applied for T1 entrepreneur ext
14/12/2017 --- LTR refused --- with AR. Home office said they did not receive my maintenance bank statement.
28/05/2018 --- Ar applied. I challenge that I send Bank statement
27/06/2018 -- ar refused with new refusal reason. this time Home office said the receive bank statement but it was not 90 days. The also gave me a chance to do another AR.
09/07/2018 --- further AR submit
03/08/2018 --- AR refused
16/08/2018 -- Fresh T1 entrepreneur ext
07/09/2018 -- Varied application to ILR
04/03/2019 -- Home Office refuse ILR application because they said my 3C leave ended when my AR was refused at 03/08/2018. They count 33 days was short for 10 years. They also gave me Appeal write.
Can I have your suggestion, please
Re: ILR refused
Posted: Mon Mar 25, 2019 3:59 pm
by shaba ranks
They're correct I'm afraid! You should've consulted a good lawyer before you submitted the Fresh Tier 1 Ent Extension. Since it was an out of time application (After your 3c ended with the AR Refusal), you could've only made ONE application using the ONE grace period of 14 days which you used to make the Tier 1 Extension. And then when you varied that Out of Time application to ILR (Set LR) it was already out of time & hence you don't qualify for continuous 10 year legal residency!
I understand the tricky situation you were in but if I were you, I would have made the SET LR application 33 days short rather than making the Tier 1 Ent Extension because at least by the time UKVI taken decision on your Set LR application, you would have completed 10 years Lawful Residency and used your only Grace period of 14 days. UKVI could've still refused your application citing that you applied 33 days before completing 10 years but you probably had a much better chance in front of a judge arguing that the date UKVI taken decision on your application, you've completed 10 years & UKVI chose not to look at that circumstance.
But I'm afraid, I'm not sure what wold be your point of arguments at the tribunal. Consult a Good Lawyer may be & see if you've any grounds!
Re: ILR refused
Posted: Mon Mar 25, 2019 4:22 pm
by zimba
You did not have 10 years of lawful residence and decision to refuse was correct.
This was even cleared up in court recently in
Ahmed v Secretary of State for the Home Department (para 276B – ten years lawful residence)
Re: ILR refused
Posted: Mon Mar 25, 2019 5:47 pm
by Sunny024
shaba ranks wrote: ↑Mon Mar 25, 2019 3:59 pm
They're correct I'm afraid! You should've consulted a good lawyer before you submitted the Fresh Tier 1 Ent Extension. Since it was an out of time application (After your 3c ended with the AR Refusal), you could've only made ONE application using the ONE grace period of 14 days which you used to make the Tier 1 Extension. And then when you varied that Out of Time application to ILR (Set LR) it was already out of time & hence you don't qualify for continuous 10 year legal residency!
I understand the tricky situation you were in but if I were you, I would have made the SET LR application 33 days short rather than making the Tier 1 Ent Extension because at least by the time UKVI taken decision on your Set LR application, you would have completed 10 years Lawful Residency and used your only Grace period of 14 days. UKVI could've still refused your application citing that you applied 33 days before completing 10 years but you probably had a much better chance in front of a judge arguing that the date UKVI taken decision on your application, you've completed 10 years & UKVI chose not to look at that circumstance.
But I'm afraid, I'm not sure what wold be your point of arguments at the tribunal. Consult a Good Lawyer may be & see if you've any grounds!
I'm sorry but judge wouldn't have considered this argument, LT and UT judges are bound by Ahmad vs sec of state case and they can't allow if you are shot of ILR qualifying period, for me this sounds silly because you fisnihed 10 years lawfully but 'continuity' was broken but there's an exemption of 39e, and 39e doesn't say that further leave has to be granted to make it valid like it says for temporary admission rule for ILR.
39e matter is in court of appeal, if Ahmad wins there then there's a chance
Re: ILR refused
Posted: Mon Mar 25, 2019 11:12 pm
by EVAN2020
Thanks for your support.