Entrepreneur Visa and 6 Months short for ILR

[branch139]

Hi Gurus need your help
My Entrepreneur Visa Finishing on March and 10 Years will be finished in September. I am 6 Month Short for Long Residency Requirement. and I already finished all Requirement for Entrepreneur Visa Extension.

Now My Questions is In Case If I get refusal in extension and if I go for Administrative Review then time spent on ''AR'' will be counted on long residency or not ?
I know that time spent on ''JR'' not counted in long residency but there are not any information available for ''AR''.
and how about appeal right for Tier 1 ? did they completely stop giving appeal right ?

hopefully, I will Easily extend my entrepreneur visa as I am a genuine entrepreneur but always worried about refusal because this is last 6 months and really important time for my life.
is that any other visa I can apply and get appeal right and spend this 6 Months ?
Thanks In Advance... thank you Gurus .. Great work.

[Longbattle]

Hi
Branch 123
I m not an expert.but in my opinion if you are sure and confident then go for extension. File uour case delay biometric as long as you extend . In that way you will easily pass 2months.
And other option is flro in this visa you will have a right of appeal so you can easily go to ft and ut .
And yes time in AR counts as a legal residency.
I hope this helps you.
Thx

[branch139]

Hi Long battle

Thank you for help. I think I am confident for extension but I can see a safe side on FLRo. I don't have any strong point for FLRO but if I get refuse then at list I can go for appeal and pass this 6 months. And another side if they in case refuse my extension then will be hard to spend 6 months on AR. as ''AR'' get the decision in 28 days.

[noajthan]

Hard to delay biometrics for "2 months" too.

[zimba]

An extension could take up to 3 months or even more to be processed. However I would say your entire energy should be spent on getting your extension instead

[helpingperson]

As you qualify for extension, in my opinion you should apply for extension, if refused go for AR so easily you should get 3 months, then apply for FLRO as you can make new application after AR refusal.

[branch139]

Thank you ''Zimba88'' and ''helpingperson'' for your reply

i think extension take at list 3 months and then 1 months for ''AR'' but if I go for FLRO after extension application refusal then my Long Residency will break.

[helpingperson]

I am not sure if your legal status breaks if you apply for FLRO after AR refusal, senior should be able to advise on this.

Assuming above is the case then apply for extension, after refusal, straight go for FLRO application, don't go for AR.
After extension refusal, your 3C leave will still be valid so applying for FLRO application means existing conditions will continue. While your FLRO application is in process, you will complete your 10 years and you can vary your application from there.

As you have good chances for getting extension so I am reluctant to say that you skip that and go for something which you don't qualify for which is FLRO.

This is just to share my ideas obviously not a legal advice.

[paru.org]

I am not sure if your legal status breaks if you apply for FLRO after AR refusal, senior should be able to advise on this.

Assuming above is the case then apply for extension, after refusal, straight go for FLRO application, don't go for AR.
After extension refusal, your 3C leave will still be valid so applying for FLRO application means existing conditions will continue. While your FLRO application is in process, you will complete your 10 years and you can vary your application from there.

As you have good chances for getting extension so I am reluctant to say that you skip that and go for something which you don't qualify for which is FLRO.

This is just to share my ideas obviously not a legal advice.

above is not true, if u get refused , ur 3c won't continue, and long residency will break, if u go straight for FLRo , now a days, they are not giving incountry appeal right for that also, only outside countryappeal right, on top of that if they certify refusal, then no option left, so u shd best go for tier1 extension

[branch139]

Thank you paru.org

I will go for extension and try to delay in Biometric and interview. And if in case refusal then will go 'AR' . and then i will apply 28 days early for ILR. hopefully, that will be cover time and if not then I reapply with the new file again and try to get 100% extension.
there are only 2 option for me first try to delay and pass 6 months and if I can't pass 6 months then second and last get the extension.

thank you All Guru for help

[branch139]

One more thing to ask Gurus

is that anyone knows about ''Second review requests'' after ''AR'' ?

what if I go for second review request if they refuse me in ''AR'' ? is that cover some extra time for me ?

I just found following on UKBA Website :
----------------------------------------------------------------------------------------------------
Second review requests
If, as a result of the first administrative review, an applicant is entitled a second
administrative review and submits one in time, their 3C leave will continue while the review
is pending, as described above
-------------------------------------------------------------------------------------------------------

Thank you Gurus

[noajthan]

Link?

If its from UKBA its out of date. UKBA was abolished in 2013.

[helpingperson]

Hello Noajthan,

Please could you provide your input as whether OP 3C leave will continue or not if he applies for FLRO straight after Entrepreneur extension refusal?

Thank you.

[zimba]

Hello Noajthan,

Please could you provide your input as whether OP 3C leave will continue or not if he applies for FLRO straight after Entrepreneur extension refusal?

Thank you.

Section 3C cannot give you permission to stay by extending a visa you do NOT have in the first place. If you are an overstayer and have no valid visa, section 3C will NOT apply to you

[Longbattle]

Hi
I tell you the history of my friend case.he applied flro after psw and was refused then after he applied work visa n he got work permit.
Another case he was short of maintance fund and he applied flro and he is still waiting for his biometrics.
So you have to see all the ways.
In my opinion if you are really strong rhen go for ent extension specially funds if not then try to buy time by any means.
Because you are on border line of ilr and they will try to stop you to get ilr.
Good luck

[branch139]

Link?

If its from UKBA its out of date. UKBA was abolished in 2013.

https://www.gov.uk/government/uploads/s ... w-v7.0.pdf

[branch139]

Gurus some more response needed for this questions

is that anyone knows about ''Second review requests'' after ''AR'' ?

what if I go for second review request if they refuse me in ''AR'' ? is that cover some extra time for me ?

I just found following on Website :
----------------------------------------------------------------------------------------------------
Second review requests
If, as a result of the first administrative review, an applicant is entitled a second
administrative review and submits one in time, their 3C leave will continue while the review
is pending, as described above
-------------------------------------------------------------------------------------------------------

Link:

https://www.gov.uk/government/uploads/s ... w-v7.0.pdf

[helpingperson]

Hello Noajthan,

Please could you provide your input as whether OP 3C leave will continue or not if he applies for FLRO straight after Entrepreneur extension refusal?

Thank you.

Section 3C cannot give you permission to stay by extending a visa you do NOT have in the first place. If you are an overstayer and have no valid visa, section 3C will NOT apply to you

Zimba,

Thank you.

So if someone applied while had valid leave, they get refusal and their existing visa is expired, they apply straightaway a new application, are you saying they will not be covered by 3C in this scenario?

Would you be able to share HO rules regarding 3C as when it is valid and when it expires.

[zimba]

So if someone applied while had valid leave, they get refusal and their existing visa is expired, they apply straightaway a new application, are you saying they will not be covered by 3C in this scenario?

Would you be able to share HO rules regarding 3C as when it is valid and when it expires.

Yes because when you apply for a fresh new application after your AR, the section 3C will end automatically.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[helpingperson]

Zimba,

Thank you for providing link to 3C leave.

I have gone through it and found the below paragraph relevant to our discussion.


Page 18-

Fresh application while an Administrative Review is pending
When an administrative review is pending against refusal of an application, if a person submits a fresh application the administrative review will no longer be pending. This is because the Immigration Rules (Appendix AR 2.10) states that the administrative review will cease to be pending the day prior to the day on which the fresh valid application is submitted.

If a protection or human rights claim is made while an Administrative Review is pending the claim will have the affect of bringing the Administrative Review to an end. Where an administrative review is no longer pending, section 3C leave comes to an end.

Accordingly, where a fresh application is made after an administrative review has been refused it can be accepted because section 3C leave will have come to an end. Where the application is invalid the administrative review and the section 3C leave will not come to an end until such time as the application is accepted as being valid: see the invalid applications section for more information.

This thread/topic is about someone who is almost short of 6 months for his 10 years long residency and looking for options to keep his legal status intact.

It is really complex to understand about 3C from above paragraph of rules so if you don't go for admin review, instead apply for fresh application your 3C leave ends, but if you apply for Admin Review and then after its refusal apply for fresh application, still it ends, difficult to get what to do.

So question here is how someone can buy time, keep his status legal in this situation?

If he applies for FLRO after extension refusal, he will get appeal right, will that not get him 3C status?


Being senior and having good understanding of these immigration rules, please could you kindly share your thoughts.

[zimba]

So question here is how someone can buy time, keep his status legal in this situation?

The right to appeal has been removed by Immigration Ac 2014 and this means you get very little room for errors. Government effectively has ruled that most HO decisions will be correct by default. Migrants MUST put all their efforts in making sure that their immigration applications are spot on without any issues. Migrants can apply for FLR or any other switch but you have to understand that filling a 6 months gap is quite difficult without legitimate reasons. Unfortunately by their nature, laws are interpreted bluntly and impersonally

If he applies for FLRO after extension refusal, he will get appeal right, will that not get him 3C status?

I am not sure how you get right to appeal on an FLR application, given that right to appeal only exists for human rights cases as far as I know.

[helpingperson]

Thank you Zimba.

I am assuming FLRO will be based on human rights, family life so appeal rights.

[CR001]

Thank you Zimba.

I am assuming FLRO will be based on human rights, family life so appeal rights.

No, human rights appeal rights is only for asylum seekers/refugees etc.

https://www.gov.uk/government/uploads/s ... e_v3_0.pdf

[helpingperson]

CR001,

Thank you for sharing this link with Human Rights Appeals.

On what basis you are saying that Human Rights are only for Asylum or refugees applications?

Please see below extract from Page 9 of I immigration rules and even next few pages confirm anyone can make human rights applications as long as they have human rights such as family life, etc.. There are some examples given which confirm same on above link which you shared.

Below is copied from Page-9

The following applications made under the Immigration Rules are human rights applications and the starting position is that there is a right of appeal against refusal.

Immigration Rule (Category of application)
Paragraph 276B (long residence)
Paragraphs 276ADE(1) or 276DE (private life)

[Casa]

"Neither the FLR(O) nor the SET(O) should be used for applications under Appendix FM or on
the private life route under paragraphs 276ADE and 276DE."