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Hi
I need urgent advice with ref to my 10 Years route. 

I came to this country (UK) on 22.09.2008 on a Student Visa. I finished my University in 2010 and got PSW for 2 years . In 2012 I applied for another student visa for Level 8. I got the Student Visa but later I switched to Tier 1 and got my Tier 1 on 20.02.2014 valid till 20.02.2017. 

On 20.02.2017, I applied for Tier 1 Extension. I did proper business, created 2 full time jobs as per the UKBA requirements, invested 50k, Paid all the taxes without any tax amendment. 

So I got a call HomeOffice for an interview.  A lady from HomeOffice came to the Eid Festival and I specially went to Office to attend this interview. She checked all the documents which were up to date but still HomeOffice refused my Visa with a reason that, HomeOffice Lady thought it's not a genuine business, because the office size was too small  and there were only 2 big tables and no staff at that time.
 
I got 4 JR ( Judicial Reviews). I explained to them that most of my staff are into marketing and they don't sit much in the office. and i can't afford a big office. and It was Eid Festival so they were not in the office. But HomeOffice didn't accept. In every 4 JR they changed the refusal reasons. Finally, they gave me refusal on 13th Sep 2018.
 
I thought I was into 28 days of period where I can apply for my ILR but they refused saying I am 7 Days short in 10 Years.
 
SO JUST 7 DAYS SHORT IN 7 DAYS. 
They also refused me in Tribunal Court. 

Can anyone advise me now please. Now I nearly spent like 12 yrs now looks like it's all going to be exhausted.  
Little advice will be much appreciated. 
 
       
 

Ram_0073 wrote: ↑

Sat May 02, 2020 6:33 pm

I got 4 JR ( Judicial Reviews).

Can you expand on this? Which date did you get the initial refusal? Did you file an administrative review or a judicial review (they are different and have different legal effects)? What are the relevant dates of the refusals and the dates of filing the subsequent review?

Hi

Thank you so much for your prompt reply.
Sorry i need to change this, I mean it got 4 Admin Reviews not JR.

Ram_0073 wrote: ↑

Sat May 02, 2020 6:47 pm

I mean it got 4 Admin Reviews not JR.

OK. What were the gaps in time between the various admin review refusals and the next admin review filing?

Providing the actual dates would help us advise you better.

secret.simon wrote: ↑

Sat May 02, 2020 7:32 pm

Ram_0073 wrote: ↑

Sat May 02, 2020 6:47 pm

I mean it got 4 Admin Reviews not JR.

OK. What were the gaps in time between the various admin review refusals and the next admin review filing?

Providing the actual dates would help us advise you better.

Immigration History -

1) I arrived in the United Kingdom on 22 September 2008 as a General Student visa (entry clearance), with leave valid until 28 February 2010.

2) On 26 February 2010, I submitted an in time application for leave to remain as a Tier-4(General)student. My leave was granted and valid from 29 April 2010 till 31 July 2010.

3) On 30 July 2010, I made an in time application for leave to remain as a Tier-1 Highly skilled (PSW) migrant. On 23 August 2010, I was granted further leave to remain under Tier-1 category which was valid until 23 August 2012.

4) I made an in time leave to remain application under Tier-4(General) category on 22 August 2012, this was granted by the respondent and was valid from 19 October 2012 to 29 December 2014.

5) On 18 October 2014, I submitted a leave to remain extension application under Tier-1 Highly Skilled Entrepreneur. I was granted leave to remain on 20 February 2014 until 20 February 2017.

6) On 08 September 2014, the appellant entered the UK as a dependent of mine, and continued her staying in the UK lawfully until 13 September 2018.

7) On 1 December 2015, I applied for a replacement Biometric Residence Permit card as I had lost the previous permit issued to me. A replacement permit was issued to me by the respondent,which was valid from 15 January 2016 to 20 February 2017.

On 20 February 2017, I submitted an extension of Tier-1 Entrepreneur leave, and this was refused by the respondent 29 March 2018 (received on 03 April 2018) with a right to request an administrative review of the decision.

9) I exercised my right to request an administrative review of the 29 March 2018 decision within 14 days(administrative review submitted on 13 April 2018).

10) On 11 May 2018, the respondent refused my administrative review and came up with a new decision by amending his 29 March decision. I was given a new right to request an administrative review of the 11 May 2018 decision (decision received 17 May 2018).

11) I exercised my right to request an administrative review of the 11 May 2018 decision within 14 days(administrative review submitted 30 May 2018).

12) On 10 August 2018(received on 13 August 2018), the respondent amended his 11 May 2018 decision and refused my 30 May 2018 administrative request. I, once again, was given aright to request an administrative review.

13) Once again, I exercised my right to request an administrative review of the respondent’s 10 August 2018 decision, and this was submitted on 24 August 2018 (within 14 days after the decision received).

14) On 13 September 2018(received on 14 September), the respondent refused my 24 August 2018 administrative review application, and this time the respondent maintained his previous decision.

15) On 20 September 2018, I submitted indefinite leave to remain application under 10 years’ continuous lawful residency and human rights to the Home Office.

16) On 18 September 2018, I made an application for leave to remain under my family and private life grounds. This was refused with an in-country right of appeal on 12 July 2019.

17) The respondent refused my settlement and human rights application on 18 February 2019 with an in-country right of appeal.

18) On 28 February 2019, I appealed against the respondent’s 18 February 2019 decision (“The Decision”) to the First Tier Tribunal IAC. This was refused by the First Tier Tribunal, and thereafter I sought First Tier Tribunal’s permission to appeal to the Upper Tribunal, which is currently pending and undecided by the learned Tribunal.

What were the reasons for you ilr refusal, the exact refusal wording? And the tribunal?

What are the reasons your tier 1 extension was refused?

CR001 wrote: ↑

Sun May 03, 2020 2:05 pm

What were the reasons for you ilr refusal, the exact refusal wording? And the tribunal?

What are the reasons your tier 1 extension was refused?

ILR REFUSAL REASON (EXACT WORDING) :

As you entered the United Kingdom on 22 Sep 2008, you would not be able to qualify for indefinite leave to remain until 22 Sep 2018 at the earliest, provided that you had completed 10 years continuous lawful residence in the United Kingdom.

In view of the fact that yours continuous lawful leave ended on 13 Sep 2018 and you have not accrued any leave after this date, the Secretary of State is not satisfied that you have had at least 10 years continuous lawful residence in the United Kingdom.

You submitted your application for Indefinite Leave to Remain under the Long Residency Rules on 20 Sep 2018. However, for the reason detailed above, this application would be considered as out of time as you help no valid leave after 13 Sep 2018.
--------------------------------

So, just 7 or 8 days Gap, which also falls in 28 Days period (according to Policy Guideline, any one can apply for ILR 28 days before 10yrs route)

You need to have a valid visa to apply for ilr, ie 10nuears lawful stay or have a pending application that you varied, preserving your section 3C protection. You did not have this.

CR001 wrote: ↑

Sun May 03, 2020 3:12 pm

You need to have a valid visa to apply for ilr, ie 10nuears lawful stay or have a pending application that you varied, preserving your section 3C protection. You did not have this.

According to Home office my 3C expired on 13th SEP 2018. Just a week before I reach lawful 10 years.

Ram_0073 wrote: ↑

Sun May 03, 2020 3:23 pm

CR001 wrote: ↑

Sun May 03, 2020 3:12 pm

You need to have a valid visa to apply for ilr, ie 10nuears lawful stay or have a pending application that you varied, preserving your section 3C protection. You did not have this.

According to Home office my 3C expired on 13th SEP 2018. Just a week before I reach lawful 10 years.

So do I have any other option ? Any Merit in my case ?? Else my 11 years will be exhausted bcz of this 7 days Gap. Please help me advice me