Dear Team,
I would really appreciate if you could advise me on my case please.
Background of my case:
1. 21.09.16- My husband applied for accelerated ILR on from Tier 1 Entrepreneur on generating min £5mn rev. Together with his application, both me and and our child applied for PBS dependants from Tier 1 Entrepreneur dependants. Please note that the fact that we applied together was clearly mentioned in our legal reps, enclosures and under section M on dependant application forms (we ticked yes for applying at thesame time as the main applicant).
2. 06/1/17, ILR application was rejected on the grounds that reqd turnover was not generated. On the same date, our PBS dependant applications were also refused.
3. 18/1/17- AR was filed on the grounds that turnover was incorrectly calculated. Dependants were included in this AR since the applications were originally part of application of the main applicant and were submitted together.
4. 14.2.17- AR was accepted and the decision was overturned granting the main applicant ILR. The same letter also stated that dependants were not considered as part of the AR as they were not part of your original applications and are advised to submit a sepearte AR in their own right.
5. 15.2.17- Section 120 (removal) were received by myself and for our child (dependants) to leave UK
6. 17.02.17- Email was sent to the Admin Review Team explaining our stand that since dependants' applications were submitted with the main applicant. Hence a separate AR was not filed for the dependants. This email included all the letters, copy of our legal reps, postal evidences for proof. Please note here that there was to and fro communication between HO and our solicitor on 19/01, 28/01 on the separate AR. Our soicitor was advised for separte AR for dependants and in reply, he explained that under no legal provisions we need to submit a separate AR for dependants as the applications were part of the application of the main applicant and should be considered together. This was agreed by the case worker (we do have the name as communications were done over the telephone). However on the basis of the letter dated 14.2.17 a separate AR was filed for us as dependants.
7. 21.02.17- Received an email from AR team apologising and acknowledging that the AR was recvd and no removal should take place. He also explined that since "the original application were submitted separately albeit at the same time they have been treated by the original case working team as sole applications which means that an administrative review application needs to be submitted separately for each sole application.I appreciate the frustration you have encountered and again apologise and we will endeavour to process the applications as soon as possible."
8. 16.3.17- Our AR was rejected on the grounds that it was submitted after 14 days days of our refusal dated 6.1.17
Please advise the best possible action that we can take now. Can i apply for fresh new application within 14 days of my AR rejection letter dated 16.3.17? If yes the under which visa category and will i be an overstayer after 14 days. We dont want to be an overstayer at any cost. Should i leave UK and my husband can follow MP route. Should we apply fresh new application from India? Help please as we are v frustrated with how our case has been handled by HO.
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