Tier 1 ILR Job Creation Refused

[qwertysin]

Dear all,

I really hope you can help me.

I used the same job creations in the T1 Entrepreneur extension for ILR, but the home office has refused our ILR as one of the jobs were not for someone settled in the UK.

For context, one of the jobs is a local, and the other is on a 10-year spousal visa. These jobs were accepted as job creations for the Tier 1 extension, so I don't understand why they were rejected for ILR?

Is there a way to appeal this? Please help! Thank you.

[qwertysin]

We missed the deadline to submit additional documentations as my OH missed the email in March. The only option we have is AR, which I don't know if we'll win. We just received the refusal today.

Alternatively, can we resubmit a fresh ILR application? Our current Tier 1 has already expired, can we still resubmit a new ILR application while the old one is under AR?

[zimba]

Someone under spouse visa is NOT considered settled in the UK: https://www.immigrationboards.com/viewt ... 0#p1866592
What is the wording of the refusal ?

[qwertysin]

Hi Zimba,

the person on spouse visa is married to an EEA national, which was why it was accepted during the tier 1 extension. Their marriage certificate was submitted during the extension as they asked for the documents.

Unfortunately OH didn't attach the marriage cert for ILR and they rejected this job creation. To make things worse he missed the additional doc email from Home office. But both job creations are exactly the same from the extension. Is there a chance we can appeal this?

I know many mistakes were made but it's too late to point fingers, I just need to find a solution as I have a child doing gcses.

Thank you!

[zimba]

It was indeed possible to count the family members of the EEA citizens as settled under the rules in the past
See: https://www.immigrationboards.com/viewt ... 8#p2013639

However, Brexit happened and all the EEA regulations ceased to exist. The EEA citizens and their family members had to apply under the EU settlement scheme to get either pre-settled or settled status, which are recognised under the UK immigration rules. If the family member switched to spouse route instead, then such a person is not considered settled as the rules in place. I think there is a grey area here, but it is not unreasonable to view someone under the spouse visa to not be considered settled. However, I'd say you better try for AR and argue that the UKVI accepted this person as settled before in the extension stage and so it is perfectly reasonable to expect the UKVI to view that person still as settled during ILR stage too.

During AR you will be protected under section 3C and your lawful residence continues until the AR is concluded. You should not make a new application during this period as that will render you an overstayer.

[qwertysin]

Hi Zimba,

thanks for the clarification re new application. We will definitely go for AR. We're in contact with an immigration lawyer too so hopefully they'll be able to write the appeal better than we can.

I will update re the outcome. Once again, thank you.

[zimba]

Hi Zimba,

thanks for the clarification re new application. We will definitely go for AR. We're in contact with an immigration lawyer too so hopefully they'll be able to write the appeal better than we can.

I will update re the outcome. Once again, thank you.

There are no appeal rights. AR is not an appeal. By applying for AR, you are effectively arguing that UKVI made an error and you are asking them to rectify it