ILR on 10 years basis

[Rykhan]

Hi all respected senior members thanks in advance for your valuable opinion regarding my case.
First I will explain my immigration history
Got entrepreneur visa 2013 50k
Applied extension march 2016 and got refused in jan 2017 got all points except investment.
Applied AR was refused as well.
Fresh application applied march 2017 and still pending.
My question is my fist entry in U.K. was in Sep 2007 currently I am waiting for outcome of my extension application of tire one entrepreneur visa which is pending in home office.
Can I vary my application and go for 10 years long residency as my 10 years are completed.
Could you please advise me what is best for me I am confusing situation. Thanks

[Casa]

Hi all respected senior members thanks in advance for your valuable opinion regarding my case.
First I will explain my immigration history
Got entrepreneur visa 2013 50k
Applied extension march 2016 and got refused in jan 2017 got all points except investment.
Applied AR was refused as well.
Fresh application applied march 2017 and still pending.
My question is my fist entry in U.K. was in Sep 2007 currently I am waiting for outcome of my extension application of tire one entrepreneur visa which is pending in home office.
Can I vary my application and go for 10 years long residency as my 10 years are completed.
Could you please advise me what is best for me I am confusing situation. Thanks

What was the period between your AR refusal and the date of your fresh application?

[marcnath]

If you vary your application, the date of the application is still treated as the date on which you applied for the original application.
And you were not eligible for LR on that date - so, in my opinion, the answer is no. You need to wait for the decision on the fresh application.
And if it successful, assuming you applied within 14 days of AR refusal, you can apply for ILR(LR) the next day even.

[Rykhan]

Thanks for your valuable response.
I have applied within 14 days after AR refusal.
And I was reading section 3c in that paragraph
The point I got is if any applicant apply fresh application within 14 days of AR refusal is fine but again this explanation is not very clear.
For next step if I wait for my pending application and suppose the outcome is not positive what will be best option for me.its very critical and confusing situation for me as I have spent 10 years and also invested lot more than 50k still every thing is on risk. Thanks

[marcnath]

Your Section 3C ended when the AR was refused.
Since you applied within 14 days after AR refusal, your overstay will be ignored once the fresh application is successful.
Unfortunately, I am not aware of any easy alternatives you have if your are not successful. Depending on your circumstances, there are always Family and humanitarian routes, but my understanding is that those are very strict.
Why was your investment not accepted ? What have you done to correct that in the fresh application ?

[Rykhan]

Hi Marcnath thanks for your reply basically when I got visa in 2013 soon after couple of month I bought a commercial property for business office but the mistake I have done is I have made payment from my personal account as I was not aware of transfer funds to business account and on that time guidance was not clear about that it's necessary to transfer funds from personal to business account that's the reason home office refused my application because of readily identifiable transaction even the property was on company name.
Now in fresh application I have given the difference means the amount which was used to buy property to business as directors loan and amend the accounts and everything and submitted again. Thanks

[marcnath]

Hi Marcnath thanks for your reply basically when I got visa in 2013 soon after couple of month I bought a commercial property for business office but the mistake I have done is I have made payment from my personal account as I was not aware of transfer funds to business account and on that time guidance was not clear about that it's necessary to transfer funds from personal to business account that's the reason home office refused my application because of readily identifiable transaction even the property was on company name.
Now in fresh application I have given the difference means the amount which was used to buy property to business as directors loan and amend the accounts and everything and submitted again. Thanks

Sorry to hear about that.

In the AR, did you argue that the requirement for being readily identifiable only came after the transaction had occurred - so you could not be expected to provide that ?

But it also looks like you had not done the Director's loan at the time of the first application ? If that is the case, then of course, they could not give you points.

But, at least it was straightforward to correct and you have done that. So, it should goes well now. Good luck.

[zimba]

You are not eligible for ILR based on long residence as you need 10 years of lawful residence in the UK. You do not have 10 years as your section 3C ended when your AR was refused. Your fresh Tier 1E application must succeed before you can apply for ILR based on 10 years.