zimba88 wrote:Correct, If he applied before his visa expiry date1)if his application get refused after submission in 2 or 3 months.. he will have AR and I believe his 10 yrs continuity will continue if he submit AR in under 14 days. may be I am wrong?
Well that depends on the outcome of the fresh application. If he applies for a fresh application, his section 3C ends and he becomes an overstayer until he hears back the outcome. This overstaying period will only be ignored for ILR if that fresh application is eventually granted. However if it is refusal, his 10 years continuous stay will be broken.2) What about if his application get refused and he does not go for AR and decide to put fresh application in and under 14 days...will his 10 yrs continuity will be there?
The section 3C only stretches until AR is concluded. If he puts a fresh application within the 14 days window he will be an overstayer as I described above and the continuity of his lawful residence will depend on the outcome of the fresh application.3)In case, if his application get refused and he go first for AR and then AR refuse...Then he apply fresh... Will his 10 yrs continuity will remain or not?
If he is refused second time, he will be assumed an overstayer from the date his section 3C ended (usually when the first application's AR was concluded)4)If both first T1E extension application along with AR are refused, can he go for JR to keep his continuity of 10 yrs long residency route.
JR process is outside the scope of the immigration rules. If he succeeds in JR and gets his extension, he becomes a legal resident again and the overstaying period will be ignored for ILR as described above.
No. At the point he has been an overstayer for over 14 days and any new application will be refused automatically.5)If both first T1E extension application along with AR are refused, can he put fresh application along with JR (for previous refuse application)...will he still have 10 yrs continuity?
JR is a separate process which can be followed on its own at that point.
Hi Zimba,
I hope you are at the best of your health. The question is regarding my same friend (answered above in quotation by you)..
He has two dependents on t1 entrepreneur (overseas wife and a child born here), as discussed above he is due for extension in 1 month now and if he successfully wait to hear decision from HO after 6 months or more.. He will be able to successfully complete his 10 yrs lawfully and can vary application to 10 yrs long residency route.
Now the question are as follows:
1) if he complete 10 yrs successfully and decide to vary application to 10 yrs ilr route, Does he has to show £19600 annual salary for his dependents along with his 6 months bank statement, his 6 months payslips and employer letter (i.e. his own company letter) so that his dependent can vary application to spouse category under ILR.
2)if he has to show £19600 or more for his two dependents to make them vary application to ILR dependents, Can he show combined household earning of his (from his company) and his wife about £11,700 and also his £8160 together to make sum of £19600?
3)Does he has to show more than £19600 for two dependents?
Waiting for your answers anxiously.
Thanks.
