JR Application, home Office request to withdraw.

[Pialroy]

Dear all,
Here is my whole story,
I am here in the uk from 2006 Oct 8th
Move to tier 1 entrepreneur in 2012 Nov 15th (50 route)
Running my business from 2008 till now, no issue with the requirements.
Anyway
*Applied to extend my visa 4th nov 2015,
*And got refusal in 7th dec 2015 (refused with silly excuses)
* And then applied for admin review on 18th dec 2015,
* Then received refusal on 13th jan 2016, (they admit some errors, and give me new refusal letter and same reason of refusal, I didn’t bother and applied again)
* Then applied again with fresh application on 23 rd January 2016 (but they mention in the acknowledgement letter 25th january),
* Then received another refusal 11th march 2016, (they mentioned they refused due to missing maintenance bank statement, and they didn’t check all other documents)
* Then applied again for admin review 23rd march 2016, (mentioned that they didn’t applied evidential flexibility policy)
* Then received another refusal on 19th april 2016,
* Sent a PAP, on 4th may 2016, they have maintained their decision,
* And then lodged JR on 19th jul 2016,
* And received a correspondence from home office 30th aug 2016, and they told us to withdraw our jr application they will reconsider my application.

** Note I have a pending case (DV) in the crown court, hearing date is 25th Oct, so most probably they will drop that case or give me some penalty, as judge already removed all the bail condition, I was in the police custody for 10 days.
My question is

1. As home office returned my health surcharge fees, what i have to do with this. Do I need to pay this or they will ask for it?
2. As home office asking us to withdraw JR application, what will be my status after withdraw this JR application?
3. Assuming my status will be “pending application with HO”, and then can I vary my application and lodge 10 year long residency application as I will be eligible on 10th Sep 2016. (came UK 8th Oct 2006)
4. As you are aware that I have already sent them 2nd application after 1st application and admin review refusal, and don’t know what will happen with that so called 28 days grace, if I am allowed to vary application and lodge 10 year long residency application?
5. Also I do not have life in the Uk test certificate, what will be your advice sit for the exam?
6. Finally you are aware I have a pending case in crown court “domestic violence” against my wife, and hearing date is 25th oct, but I am with my wife already court removed all the bail condition and we are living together, no issues with us, but still that case is pending, court might review and drop or they can continue, so don’t know how it will affects if I go for long residency application either by post or by appointment.
Hope I explained things clearly, can you please before accepting HO offer please reconsider all this factor and then give me a call and advice me further.

[zimba]

1. As home office returned my health surcharge fees, what i have to do with this. Do I need to pay this or they will ask for it?

They will ask you to pay it if they decide to grant you the visa

2. As home office asking us to withdraw JR application, what will be my status after withdraw this JR application?

You are an overstayer

3. Assuming my status will be “pending application with HO”, and then can I vary my application and lodge 10 year long residency application as I will be eligible on 10th Sep 2016. (came UK 8th Oct 2006)

You are an over stayer and based on timeline your 10 year continuous period is already broken. You have been an overstayer since the time you applied for your out-of-time fresh application as you were not covered by section 3C.

4. As you are aware that I have already sent them 2nd application after 1st application and admin review refusal, and don’t know what will happen with that so called 28 days grace, if I am allowed to vary application and lodge 10 year long residency application?

There is NO SUCH Thing as 28 days grace period. You applied as an out-of-time application and hence you are an overstayer with broken continuous period. You cannot apply for 10 year ILR

5. Also I do not have life in the Uk test certificate, what will be your advice sit for the exam?

As I explained you are Not eligible for ILR

6. Finally you are aware I have a pending case in crown court “domestic violence” against my wife, and hearing date is 25th oct, but I am with my wife already court removed all the bail condition and we are living together, no issues with us, but still that case is pending, court might review and drop or they can continue, so don’t know how it will affects if I go for long residency application either by post or by appointment.

You cannot apply for ILR as I explained.
If you could, HO would have waited until the court made the decision. ILR has a good character requirement and having a court conviction means an ILR will be refused.

[Pialroy]

Dear Zimba,
Thanks for your reply,
for instance: I applied 2nd time in 23rd January 2016 and got the visa successfully.
Then do you think I am still over-stayer?
if yes... then If I want to apply for ILR, only option remain is wait till completion of 5 years a T1 Entrepreneur?

if I am not an over stayer after 2nd application is successful, then I can go for 10 year route?

why I am saying this because as they did mistake and for that reason they asked us to withdraw JR application and they will go back to the 2nd application and reconsider my application again. if luckily they approve my visa. what will be the next steep.

Note: my case in the crown court is still pending , I haven't had any judgement yet, so I am not a criminal yet. home office can not refuse anything by saying I am a criminal or dose not have good character.

[zimba]

I applied 2nd time in 23rd January 2016 and got the visa successfully.
Then do you think I am still over-stayer?
if yes... then If I want to apply for ILR, only option remain is wait till completion of 5 years a T1 Entrepreneur?

Yes, you should still wait for 5 years to complete as you have a gap in your 10 year continuous stay.

if I am not an over stayer after 2nd application is successful, then I can go for 10 year route?

No you have a gap.

why I am saying this because as they did mistake and for that reason they asked us to withdraw JR application and they will go back to the 2nd application and reconsider my application again. if luckily they approve my visa. what will be the next steep.

Complete 5 years stay and then apply for ILR if eligible.

Note: my case in the crown court is still pending , I haven't had any judgement yet, so I am not a criminal yet. home office can not refuse anything by saying I am a criminal or dose not have good character.

Yes, but they usually delay their decision making until you go to court, particularly for ILR

[Fifty5]

3. Assuming my status will be “pending application with HO”, and then can I vary my application and lodge 10 year long residency application as I will be eligible on 10th Sep 2016. (came UK 8th Oct 2006).

Hi Zimba, just a question as i see a lot of people saying the above

Can someone whose application is in process apply 28 days prior to completing the 10 years or does one have to have a valid visa to apply 28 days prior to qualifying.

[CR001]

You have to have valid visa/legal status covering the full 10 year period to apply for ILR long residence.

[zimba]

Can someone whose application is in process apply 28 days prior to completing the 10 years or does one have to have a valid visa to apply 28 days prior to qualifying.

Yes, given that you have NO gaps or periods of overstaying in your continuous stay until that point.

[Fifty5]

So ive got a question then

I have no gaps in my 10 years completing 10th october
I submitted my tier 1 application few months back, no reply yet

My solicitor suggests to wait till the 10th october,
Saying that cz your application is pending
Its not a good decision to apply 28 days prior to completion of 10 years

What would you all say in this instance.

[CR001]

So ive got a question then

I have no gaps in my 10 years completing 10th october
I submitted my tier 1 application few months back, no reply yet

My solicitor suggests to wait till the 10th october,
Saying that cz your application is pending
Its not a good decision to apply 28 days prior to completion of 10 years

What would you all say in this instance.

Please start your own topic rather than tag onto someone else thread which only creates confusion.

[Pialroy]

Dear Zimba,
here is my present condition can you please advice what will be the best next step for ILR application through T-1 5 year with my one depended



*** Entry clearance 1st oct 2006 (entered 8th oct 2006)-31 Jan 2009
*** Student visa extension 23 dec 2008--31st jan 2010
***Psw from 6th sep 2010-----6th sep 2012
***Tier 1 entrepreneur received on 15th nov 2012
***Tier 1 entrepreneur valid till 15th nov 2015
***Applied for extension 4th Nov 2015
***Refusal received 15th dec 2015
***18th dec 2015 applied for admin review
***13 Jan 2016 refusal received for admin review
(***also received a new refusal letter because they initially refused with wrong ground and for that reason issue a new refusal letter dated 13th Jan 2016, which will alter 15th dec refusal letter)

***23rd jan 2016 applied again (However, as advised by the further letter from case the worker submitted further fresh application with all those requested documents as mentioned in the refusal reasons by case workers and also indicated from the policy guideline Version 11/2015 within mentioned time period 14 days from the letter dated on 13th January 2016 (maintaining 3C Leave- Extends applicant leave- A.R Ver-6.0, Page -75).)
***refusal received 11 march 2016 (main ground was missing maintenance documents)

***23rd march 2016 admin review applied (through Solicitor)
***Admin review refusal 19th April
***Sent PAP 3rd may (3rd may as per HO record) may 2016 (through Solicitor)
***Applied for JR 19th Jul (As per HO record 27th jul 2016)
***Then they asked us to withdraw JR then they will reconsider application
***Finally received visa on 11may 2018 till valid may 11 2020 (Note In the SAR it is clearly shows that this visa which I have now it is outcome from the application I made on 23 Jan 2016, so obviously all the time in between should count as processing time and my status was as per my previous visa T-1 Entrepreneur)

Please advice what will be the best way to move for ILR application.

Thanks
Pial Roy

[zimba]

You have been an overstayer from 23rd jan 2016 until 11 may 2018 and therefore a gap of more than two years. I am not sure whether 39E will apply here or not

[Pialroy]

You have been an overstayer from 23rd jan 2016 until 11 may 2018 and therefore a gap of more than two years. I am not sure whether 39E will apply here or not

Zimba Thanks for your quick response, I am bit confused with your statement, if you are right I have been overstayed during ( 23rd jan 2016 until 11 may 2018), then how come they issued my visa in 11th may 2018, they should have refused my application on the ground of overstayer?

secondly, I have MY SAR, where I can see they mentioned that this Visa what I have that is linked with application on 23rd jan 2016. if that is true then this gap during 2016 ---2018 how they treated during taking this decision to approve my visa?

thirdly about paragraph 39E, as per my understanding I have applied all the application within 14 days they have taken their decision. moreover they refused my application with the wrong ground this is the reason they asked us to withdraw JR and they reconsidered their decision and put this decision is linked with my last application on 23rd jan 2016. this is my understanding.

Anyway what will be your advice for me to move forward ????

[maig]

You are eligible to apply for ILR (LR).

You were an overstayer from 14/01/2016 to 17/05/2018, however that period of overstaying will be disregarded in line with your SET (LR) application, because you applied second/fresh application within 28 days (prior 24 nov 2016) and that application eventually successful on 18/05/2018.

The rule is very clear, any period spent in the consideration of application for leave to remain where the application was made (NOT DECIDED) no more than 28 days (prior to 24/11/16), 14 days (after 24/11/2016) after the expiry of leave or (end of 3c leave) will be disregarded.
So it does not matter how long will it take to grant you a visa in fresh application, only thing matter is that you must apply within 14 days of overstaying and your fresh application succeeded.

Hope it helps!

[zimba]

You are eligible to apply for ILR (LR).

You were an overstayer from 14/01/2016 to 17/05/2018, however that period of overstaying will be disregarded in line with your SET (LR) application, because you applied second/fresh application within 28 days (prior 24 nov 2016) and that application eventually successful on 18/05/2018.

The rule is very clear, any period spent in the consideration of application for leave to remain where the application was made (NOT DECIDED) no more than 28 days (prior to 24/11/16), 14 days (after 24/11/2016) after the expiry of leave or (end of 3c leave) will be disregarded.
So it does not matter how long will it take to grant you a visa in fresh application, only thing matter is that you must apply within 14 days of overstaying and your fresh application succeeded.

Hope it helps!

That is based on the assumption that the second application put within the 14 days is granted not refused. In this case it was refused but then reconsidered later after a request for JR. This means the application of 39E is not that straightforward here unless HO accepts the original date of the second application.

[maig]

It is correct that his second/fresh application was refused initially but he has got visa on the same second/fresh application (23/01/2016), he hasn’t re apply, hasn’t repaid visa fees, OP also confirmed that his SAR report shows that he got Visa on the same second/ fresh (23/01/2016) application.

So based on that assumption that he finally got visa on the fresh application, his overstaying period should be disregarded if he apply for SET (LR).

[Pialroy]

Dear All Members,
Thanks for your time and support, Finally I have received my ILR decision today 8th Dec 2018 (letter date is 6th), anyway application is approved, got my ILR and waiting for BRP.

I was planning for T-1 5 year route, everything was ready for me and for my wife, but at the last min, when I realise that they do not have same day service for this category (T-1 5 year route) ILR application, then decided to go with 10 year LR route (because this route have same day service and really straight forward and case workers are more comfortable with this application rather that "T-1 5 year",), so thought better to go with same day service and then I can sort-out my dependent later.

Anyway do not know whether did the right thing or not, but did it with 10 year route and got ILR through 10 years LR route.


Now as my wife is also eligible as T-1 depended (she has completed 5 years as T-1 depended)
so thinking if she can apply independently as T-1 depended, and as we have all the documents ready.

now the issue I am facing, I have been trying to complete that dependent application (depended only ), where I cant not see any section where I can put our employee details and other things things which will prove the main applicant have all the eligibility.

Note: someone advice me that my depended can not apply her own as T-1 depended (ILR application), as I have already changed my status, I am now permanent resident so my wife will be categorise as depend of PR. and I have to extend her visa as PR depended and wait another 5 years as a depend of PR then I can apply ILR for my wife as PR depended.

if anyone had had any experience about this please share.
thanks

[marcnath]

Dear All Members,
Thanks for your time and support, Finally I have received my ILR decision today 8th Dec 2018 (letter date is 6th), anyway application is approved, got my ILR and waiting for BRP.

I was planning for T-1 5 year route, everything was ready for me and for my wife, but at the last min, when I realise that they do not have same day service for this category (T-1 5 year route) ILR application, then decided to go with 10 year LR route (because this route have same day service and really straight forward and case workers are more comfortable with this application rather that "T-1 5 year",), so thought better to go with same day service and then I can sort-out my dependent later.

Anyway do not know whether did the right thing or not, but did it with 10 year route and got ILR through 10 years LR route.


Now as my wife is also eligible as T-1 depended (she has completed 5 years as T-1 depended)
so thinking if she can apply independently as T-1 depended, and as we have all the documents ready.

now the issue I am facing, I have been trying to complete that dependent application (depended only ), where I cant not see any section where I can put our employee details and other things things which will prove the main applicant have all the eligibility.

Note: someone advice me that my depended can not apply her own as T-1 depended (ILR application), as I have already changed my status, I am now permanent resident so my wife will be categorise as depend of PR. and I have to extend her visa as PR depended and wait another 5 years as a depend of PR then I can apply ILR for my wife as PR depended.

if anyone had had any experience about this please share.
thanks

Since you changed the route to LR, you now have to apply FLR(M) for your wife. She has to spend 5 years on that route before she can apply for ILR.