Extension refused - administrative review - complex case

[Alishah]

Dear experts and experienced board members please advise or suggest. I will appreciate if you read through, this is an exceptional and complex case.

My Brother in Law was came to UK om 26th of August 2007 with valid student visa. Than he was given the Post study work visa on January 2010 for two years Later on he switched to Tier 1 Entrepreneur visa which was given on 22nd of March 2013 for the three years to expire on 22nd March 2016.

While still on Entrepreneur visa, on 29th of September 2014 he travelled out of UK to carry out some business meetings to explore the potentials for the business growth. When he was returning back to the UK on 28th of November 2014, he was stopped at Heathrow airport by an immigration officer and the leave to enter to the UK was refused.

The immigration officer expressed that he submitted the fraudulent TOEIC English test certificate for obtaining the visa. Many of us know that lots of migrants suffered from TOEIC issue. His documents such as passport and visa (BRP) was retained by the Border Force and he was given temporary admission without any document, but the right to appeal was given. He was not allowed to do any work or business.

He appealed in the court and after hearing, on 25th of July 2015, the appeal was granted by the court. Later, the UK Border Force requested the court for the right to appeal which was dismissed by the First-tier Tribunal on 27th of November 2015 and later on by the Upper Tribunal on 19th of January 2016.

Finally the UK Border Force given the leave to enter on 4th of March 2016, they couldn’t stamped the passport since that was expired in their custody Immigration officer stamped the blank page and sent to him as an entry date which was 4th March 206. This was done just 18 days before his Entrepreneur visa was due for renewal on 22nd of March 2016.

For clarification I am giving you the timeline.

22nd of March 2013 Tier 1 Entrepreneur visa issued
29th of September 2014 Travelled out of UK
28th of November 2014 Travelled back to UK and Entry refused, but temporary admission and right to appeal was given
25th of July 2015 Appeal was granted
27th of November 2015 Immigration Force`s request to First-tier Tribunal for right to appeal was refused
19th of January 2016 Immigration Force`s request to Upper-tier Tribunal for right to appeal was refused
4th of March 2016 Immigration Force given the leave to enter
20th of March 2016 Application Extension of Tier 1 Entrepreneur visa applied
22nd of March 2016 Tier 1 Entrepreneur visa Expired
13th of May 2016 Extension for Tier 1 Entrepreneur visa was refused

Now when he went to submit the extension he wasn’t able to provide the evidence of providing two jobs for 12 month to settled person in UK. Therefore his extension was refused on same basis, he did explained in the covering letter what has happened with him and also identify that he was able to provide job to one person before his visa was refused to enter and work was not allowed. But as usual case worker didn’t read the complete documents.

Now he is given the administrative review, he is going to use this to explain again the same thing which was provided with original application for extension.

I have following questions if any one please answer.

Any similar experience if someone want to share their experience.
What would be the possible outcome of the administrative review.
Will he be given right to appeal if administrative review is refused.
What else he could do in order to express or highlight his issues.

I will appreciate if someone respond to this quickly.

Thanks for reading
Alishah

[seasky]

Very complex. Suggest you use the lawyers that one the appeals as that is the source of the unfairness of the situation.

Can you explain how your brother won the toiec appeal? Did he prove recordings were not his voice?

[zimba]

Another HO talk to up Without jobs you will not be granted extension.I highly doubt AR will be in any shape helpful. This really needs to be bread in the court. I suggest to hire a lawyer and prepare to challenge HO in JR court.

[Alishah]

Very complex. Suggest you use the lawyers that one the appeals as that is the source of the unfairness of the situation.

Can you explain how your brother won the toiec appeal? Did he prove recordings were not his voice?

Hi sea sky,

This was worst unfair decision from HO, he was MSC qualified from UK Uni. He could have claimed points on his degree but instead he used the English certificate, which was not forged one. Due to his English and degree he was successful in court. Basically HO representative couldn't prove their reasoning and toiec is based on generic assumptions, there is not any person to person evidence. In any court they can not convict anyone unless they can prove the individual evidences against any convict.

Regards
Alishah

[Alishah]

Well as expected, the AR was refused same reasons as before.

He couldn't provide second job hence second job papers were not complete, although we clearly mentioned in covering letter for main application and AR what are or were the reasons. Not been considered I believe.

Now what to do what options we have? Submit second application as fresh or go for JR and court? One thing that need to mentioned he is close to his 10 years legal stay in the UK, almost 9 months.

If we apply for JR the 10 years stay will broken, am I right saying this? If we submit fresh application that will be refused aging within few months or may be before.

Senior members or someone who have been through please advice or recommend.

Regards
Alishah

[Mrchaany]

sorry alishah,

i have briefly read above mentioned scenario,
As you stated above that ukvi have been stopped your brother from work/business during the appeal process,
have you received any letter documents regarding this, if you have letter like as evidence, no one can stopped you from further visa or extension.

I think you need to arrange letter or evidence that ukvi have stopped your brother from work/business during the appeal process, if you got this any solicitor can easily fight you case during AR/JR.

I believe you failed to produced this kind of letter during your AR.

Regards
IK

[Alishah]

Hello IK,

Had not one few document from Immigration office to curtail the leave to enter and decision leave on limited ground for appeal without the permission to work and residence limited to only one address.

The detail covering letter was provided explaining the case as well as evidences. but the CW didn't read or consider or ignore the situation and refused the extension.

I knew he would have won the case in court, but now there is no option for appeal accept AR and JR, if he choose JR this will cause break in his residency. where as AR is refused, I believe there is one option for him to re-submit the fresh extension application, but there is risk this will be refused too.

Questions are what are the options we have now any new suggestions?

Regards
Alishah

[Mrchaany]

Again
Covering letter can not assist your friend case here.
The only documents or evidence where your friend will win his case from home office that he is not allowed to do business or work in his appeal process otherwise he will be not able to win his case anywhere

Regards
Ik

[Jani123]

How long I have to wait to Appel because I get refused for recident card, please help with info thanx

[CR001]

How long I have to wait to Appel because I get refused for recident card, please help with info thanx

What residence card have you applied for? How is your case even relevant to this very complex one? Suggest start your own topic instead of tagging a single line question onto other members topics. You need to provide more information about your circumstances before anyone can offer advice.

[Alishah]

Well,

This is strange world and home office.....

He was refused on AR but given an another chance to submit AR.

Rather AR he decided to submit fresh application with the same covering letter explaining the reason why he can not provide the employment etc.

Surprise, surprise. within month and half no letter or question, he was straight away given extension for an another two years. So basically he was given three years visa and now extended to two more years.

Well good news for all of us and specially for him.

Regards
Alishah