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Tier 1 entrepreneur visa refused

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Moonaliza
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Re: Tier 1 entrepreneur visa refused

Post by Moonaliza » Sat Oct 06, 2018 9:31 am

I made a voluntary return and asked the home office for my passport to visit my ailing mum back in October 2017

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marcnath
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Re: Tier 1 entrepreneur visa refused

Post by marcnath » Sat Oct 06, 2018 10:18 am

Moonaliza wrote:
Sat Oct 06, 2018 9:31 am
I made a voluntary return and asked the home office for my passport to visit my ailing mum back in October 2017
What is a voluntary return ?

But it looks like your application should have been withdrawn and they made a mistake issuing you the BRP. So I think your lawyer's advice makes sense.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Moonaliza
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Re: Tier 1 entrepreneur visa refused

Post by Moonaliza » Sat Oct 06, 2018 11:06 am

Voluntary return is your decision to return voluntary at your own cost when you receive a removal notice (HO refusal letter).

Moonaliza
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Re: Tier 1 entrepreneur visa refused

Post by Moonaliza » Sat Oct 06, 2018 11:59 am

In this case where I am not the main applicant who applied for the judicial review and I never signed any disclaimer to withdraw any JR according to the paragraph below, why should I apply for an entry clearance?

Page 17 of 57 Judicial reviews and injunctions guide https://assets.publishing.service.gov.u ... 6.0ext.pdf

Withdrawing an application for judicial review
In some cases, a person with an outstanding JR application may ask to leave the UK. Where a person wishes to make a voluntary departure, you must ask them to sign a disclaimer (form IS.101). The person (or their legal representative) must also contact the courts to withdraw their JR application so that the court file is closed.This must be done before the person leaves the UK so that a Notice of discontinuance can be filed. See also assisted voluntary returns.

Do you think the HO can knowingly issue me with a BRP which is void?

What do you think is the best action to take going forward?

Moonaliza
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Joined: Wed Apr 19, 2017 3:33 pm

Re: Tier 1 entrepreneur visa refused

Post by Moonaliza » Mon Nov 12, 2018 4:48 pm

Dear Marc

I am writing to let you know that I contacted the Home Office via my local MP to confirm if I could enter to the UK after my voluntary return.

They confirm that I could, as long as I have the biometric card. So, I joined my family two weeks ago. Thanks for valuable advice.


Regards

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marcnath
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Re: Tier 1 entrepreneur visa refused

Post by marcnath » Mon Nov 12, 2018 11:14 pm

Moonaliza wrote:
Mon Nov 12, 2018 4:48 pm
Dear Marc

I am writing to let you know that I contacted the Home Office via my local MP to confirm if I could enter to the UK after my voluntary return.

They confirm that I could, as long as I have the biometric card. So, I joined my family two weeks ago. Thanks for valuable advice.


Regards
I think that could be correct. HO seems to have made some mistake - as per the JR extract you posted, they should have got a proper disclaimer from you.

But, it is not your problem if they made the mistake.

So congratulations on the outcome.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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