Please advice me on this

[josephprem]

Dear friends,

I would like your advice on my application

I would like to clarify some doubts regarding my application

I was tier 2 general when I applied for tier 1 Entrepreneur visa

My tier 2 employee's sponsor license got suspended in the end of April 2016 and revoked during 2nd week of july 2016. But I applied for Tier1 Entrepreneur on 4th April 2016.I had my interview on 16th August 2016.My application was refused on 17th May 2017.Then I applied for Admin Review on 29th May 2017.But My Admin review got refused today that 24th June 2017.But I am going for Judicial review as per my solicitor.But I needed your advice regarding my application whether I will become overstayer if I apply for JR.But I received in the AR refusal letter stating this "You Must apply for further leave or leave the United kingdom before your current leave expires.While in the UK you must comply with the conditions of the leave stated on your biometric residence permit."
But I did not receive leave curtailment letter from Home office for my tier 2 general will i be eligible to apply for tier 2 while i go for JR for tier 1 Entrepreneur.

Please advice me on this.

Regards,
Joseph

[CR001]

Why was Tier 1 Ent refused?

When does your Tier 2 General 'expire'?

Did HO have you correct address as you almost certainly will have been sent a letter of curtailment if your sponsor lost their license?

How long have you been on Tier 2?

How are you maintaining yourself, hopefully you are not working?

Unlikely even on Tier 2 that you will qualify for ILR due to more than 60 days gap between last day of employment and a new application?

JR process DOES NOT extend 3C protection, it is a completely separate judiciary process to immigration.

[josephprem]

Dear Cr001

Why was Tier 1 Ent refused?
My Tier 1 Ent was refused because of lack of funds by VC.But VC will provide all the support for me when I go for JR.

When does your Tier 2 General 'expire'?
7th June 2018

Did HO have you correct address as you almost certainly will have been sent a letter of curtailment if your sponsor lost their license?
Yes I had the same address when my sponsor lost his license.MY sponsor license got suspended in end of April 2016,Got revoked in JUly 2016.I stayed in the same house from July to September I did not receive the curtailment letter Then I shifted the house and changed my address the same say in the website and HO has my latest address as well.



How long have you been on Tier 2?
I came to Uk in Nov 2014 on Tier2 general.Then I switched to a different tier2 sponsor in the month of April2015 and I was with the same Tier 2 Sponsor until July 2016.

How are you maintaining yourself, hopefully you are not working?
Yes Iam maintaining the funds and I am not working as well.getting support from friends and family.

Unlikely even on Tier 2 that you will qualify for ILR due to more than 60 days gap between last day of employment and a new application?
yes it is more than 60 days
but I did not receive the letter

any advice and points is much appreciated

Regards,
Joseph

[CR001]

Unlikely even on Tier 2 that you will qualify for ILR due to more than 60 days gap between last day of employment and a new application?
yes it is more than 60 days
but I did not receive the letter

The 60 day curtailment letter is completely different and separate to the 60 days employment gap.

You could very possibly have received a curtailment letter to your last address and not even be aware. Curtailment letters can take many months to be sent and address change updates can also take a while to be processed. Have you contacted your previous address to find out if there are letters for you? If one was and you are now passed your curtailment period, you are an overstayer.

Have you been looking for other Tier 2 G sponsored jobs since July or did you just decide to do Tier 1? Why was the sponsorship license revoked?

Why did the VC not provide the required documents for a Tier 1 Ent application? This is mandatory and not sure JR will be successful if the HO refused your application on valid grounds.

[josephprem]

Dear friends,

I would like to get some advice from the members of this forum about my visa status

I came to Uk in November 2014 on Tier2 General .
Due to my employer issue I switched my tier2 to a different sponsor in the month of March 2015.
But unfortunately my Employer lost the sponsorship in the month of July 2016 But I had applied for Tier1 Entrepreneur visa before my tier 2 employer lost the sponsor license ( dated below).But I did not receive my curtailment letter when my employer lost the sponsorship.

I applied for tier1 Enterpreneur visa on 4th April 2016
I received my refusal on 17th May 2017
I applied for admin review on 29th May 2017
Admin Review was refused on 22nd June 2017
I received my curtailment letter for my Tier 2 on 23rd June 2017 and they have given time until August 29th 2017 for applying for the new visa or go back to my home country
But I would like your advice whether I can apply for Tier 2 general visa and simultaneouly apply for judicial review for my tier 1 Enterpreneur.My solicitor adviced me I can apply for the both.
But need some advice from you all.


Awaiting for your feedback
Regards,
Joseph

[marcnath]

Dear friends,

I would like to get some advice from the members of this forum about my visa status

I came to Uk in November 2014 on Tier2 General .
Due to my employer issue I switched my tier2 to a different sponsor in the month of March 2015.
But unfortunately my Employer lost the sponsorship in the month of July 2016 But I had applied for Tier1 Entrepreneur visa before my tier 2 employer lost the sponsor license ( dated below).But I did not receive my curtailment letter when my employer lost the sponsorship.

I applied for tier1 Enterpreneur visa on 4th April 2016
I received my refusal on 17th May 2017
I applied for admin review on 29th May 2017
Admin Review was refused on 22nd June 2017
I received my curtailment letter for my Tier 2 on 23rd June 2017 and they have given time until August 29th 2017 for applying for the new visa or go back to my home country
But I would like your advice whether I can apply for Tier 2 general visa and simultaneouly apply for judicial review for my tier 1 Enterpreneur.My solicitor adviced me I can apply for the both.
But need some advice from you all.


Awaiting for your feedback
Regards,
Joseph

Judicial review has nothing to do with immigration, so yes you can do both.
But is there any reason you want to spend money and effort on JR - what was the reason for refusal in the first place ?

[CR001]

Judicial review has nothing to do with immigration, so yes you can do both.
But is there any reason you want to spend money and effort on JR - what was the reason for refusal in the first place ?

OPs topics merged, with reason for refusal stated.

[marcnath]

Judicial review has nothing to do with immigration, so yes you can do both.
But is there any reason you want to spend money and effort on JR - what was the reason for refusal in the first place ?

OPs topics merged, with reason for refusal stated.

Thanks @CR001.
As pointed out by @CR001, unlikely JR will succeed. But if you have the proper paperwork now, the chances of new application succeeding is high. So, you just need to go for that.
No point going back to old points, but for the benefit of any other future readers, the missed opportunity here was to send in the correct papers the minute that was identified (I assume it came up in the interview) rather than wait for the refusal to come in.

[josephprem]

Thank you @marcnath for the Information.But the application was refused because VC did not have enough funds but VC had explained in the appointment letter that Money will be deposited once I get my visa and then only the company will add me as director.I applied under old rules but HO refused under new rule So I wanted to go for JR.But Do you think this case will be successful.But VC is providing all the support to go for JR.But I have not applied for JR yet we have time until 17th August but Do you think I should apply for Tier2 first and then go for JR?

any feedback on this is much appreciated.

Regards,
Joseph

[marcnath]

Thank you @marcnath for the Information.But the application was refused because VC did not have enough funds but VC had explained in the appointment letter that Money will be deposited once I get my visa and then only the company will add me as director.I applied under old rules but HO refused under new rule So I wanted to go for JR.But Do you think this case will be successful.But VC is providing all the support to go for JR.But I have not applied for JR yet we have time until 17th August but Do you think I should apply for Tier2 first and then go for JR?

any feedback on this is much appreciated.

Regards,
Joseph

In some posts you are talking about reapplying to Tier 1, in others for Tier 2 - which one is it ?
I am not a lawyer and without full and detailed information, I would not venture to give an opinion on your case.
But, in general, if you should have been awarded points under the rules (not guideline !!) at the time of your application, then you should have a chance to win.

[zimba]

I don't understand the reason for your refusal. Did venture capital issue all the letters required as per guide for your application ?? What does lack of funds mean in your case ?? What was the exact wording of the refusal letter