Working permission is allowed or not urgent query

[montudipal007]

Hello,

This is my 1st ever post on this website so sorry if i have written anything wrong.


Hello i would like to find out as i previously had PSW visa till Aug 14 and i have applied for tier 1 enterprauner before expriring of PSW which was refused in OCT 14 and i have appealed and it was refused as well, went for upper tribunal for permission to appeal BUT which was refused to permission to appeal and now i have mad fresh application FLR FP application within 28 days since i have received letter from Upper Tribunal for permission to appeal. so can the experts suggest me that can i be able to work or do my own business or not and why? is there any link to justify this issue?

[vinny]

can i be able to work

No.

[montudipal007]

Hello Venny

Thanks for your reply but can you please tell me more about this as why i am not allowed and what are the reasons and how does it effect me ???? Is there any where in the Law is written anywhere? ??please tell me soon you can....or any other members answers are welcome too......

[vinny]

Please click on any given links for further information.

[montudipal007]

Sorry vinny

But there is no link provided.

[vinny]

can i be able to work

No.

Links are underlined in blue.

[montudipal007]

Sorry vinny but i have applied for tier 1 entrepreneur the day before my PSW Visa expired and then they refused on October 2014 and then i have appeal against the refusal in first tier court which was refused and then we have appeal in Upper tribunal for permission to appeal which was refused and after that within 28 days i have made fresh application for FLR FP application can you please tell me in details that i can work or i can d9 business? ?????????????

[physicskate]

Sorry vinny but i have applied for tier 1 entrepreneur the day before my PSW Visa expired and then they refused on October 2014 and then i have appeal against the refusal in first tier court which was refused and then we have appeal in Upper tribunal for permission to appeal which was refused and after that within 28 days i have made fresh application for FLR FP application can you please tell me in details that i can work or i can d9 business? ?????????????

No because you are currently an overstayer. Click on Vinny's word in blue!!!

[geriatrix]

The day the permission to appeal to UT was refused was the last day of your legal stay in the UK.
Since then you are an overstayer in UK.
That you made an out-of-time application within 28 days does not make your illegal stay legal.
Overstayers cannot legally work.

Excerpts from vinny's links, for your reference:

"Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the latest of:
(i) the time limit attached to the last period of leave granted, or
(ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971.

An overstayer also loses both the right to work and entitlement to mainstream state benefits, and anyone who employs him or her commits a criminal offence.

[montudipal007]

Thanks for all your replies i have stoped doing business since i have received UT letter but please tell me as i have made this FLR FP application would all this time will count in my 10 year long resident or not please give me advice on this vinny and all other expert advice are welcome asap. Please? ?????

[physicskate]

Thanks for all your replies i have stoped doing business since i have received UT letter but please tell me as i have made this FLR FP application would all this time will count in my 10 year long resident or not please give me advice on this vinny and all other expert advice are welcome asap. Please? ?????

Only if the FLR (FP) is granted. You will not have a right of appeal.

[montudipal007]

Thanks for your quick response

Also like to ask is that if i receive refuse for FLR FP application then would i be able to make Tier 2 fresh application and all this time will it counts towards 10 years long ILR? ???????

[physicskate]

Thanks for your quick response

Also like to ask is that if i receive refuse for FLR FP application then would i be able to make Tier 2 fresh application and all this time will it counts towards 10 years long ILR? ???????

No - because you will have overstayed by more than 28 days, which will not be disregarded. This assumes it takes more than 28 days to process your FLR FP application.

You already bought yourself about a year with the previous application. At some point you might have to cut your losses. How much time are you trying to buy with applications that have little chance of success?

You may be able to vary your application to Tier 2 if you have a sponsor and CoS lined up. Bear in mind you may need to pass the RLMT to get the CoS assigned.

[montudipal007]

Thanks for your reply

So i have received Upper tribunal letter on 24th july and i have applied for FLR FP application on 13 aug. Within 28 days and i am getting ready for tier 2 application as
I have tier 2 sponser and i have finished my Masters in the UK university so is that true that i or tier 2 employer do NOT need to do any labour market test???and can i still apply for that or not and what are the other options to finish 10 years ILR as i have only 8 more months to finish 10 years.???????

[physicskate]

Thanks for your reply

So i have received Upper tribunal letter on 24th july and i have applied for FLR FP application on 13 aug. Within 28 days and i am getting ready for tier 2 application as
I have tier 2 sponser and i have finished my Masters in the UK university so is that true that i or tier 2 employer do NOT need to do any labour market test???and can i still apply for that or not and what are the other options to finish 10 years ILR as i have only 8 more months to finish 10 years.???????

I will wait for others to comment, but you are an overstayer, so I think RLMT would be required... hmmm it's a tricky one because you also need an RCoS, but leaving the UK isn't possible as they have your passport and leaving would break long residence.

Others might have different opinions or interpretations of guidance...