In Jud.Review but 5 years completed

[Ktk143]

Hi,
Is there anyone who can guide me with this question:
I got my tier 1 (enterpreneur) in 2012. I applied for extension in 2015, refused but i applied for Judicial Review (which is still pending)...... my question is AS MY FIVE YEAR TENURE IS COMPLETED. AM I ELIGIBLE TO APPLY FOR ILR OR NOT?

[marcnath]

Hi,
Is there anyone who can guide me with this question:
I got my tier 1 (enterpreneur) in 2012. I applied for extension in 2015, refused but i applied for Judicial Review (which is still pending)...... my question is AS MY FIVE YEAR TENURE IS COMPLETED. AM I ELIGIBLE TO APPLY FOR ILR OR NOT?

You are not. Presumably you went for JR once your AR was refused. Which means you are currently an overstayer.
Any ILR application will be rejected automatically.

[zimba]

Judicial review is outside the immigration rules and it should be pursued at your own risk/cost.
You need 5 years of lawful residence for ILR under the immigration rules. You have been an overstayer since the refusal of your AR and therefore cannot apply for any new application in the UK. If the tribunal finds that the decision to refuse your extension was unlawful, then you get your extension and time spent overstaying will be considered under section 3C, assuming your extension application was made in-time.

[Ktk143]

You mean" at findings of tribunal or at acceptance of my JR application". As my application in JR since mid june 2017.

[CR001]

You mean" at findings of tribunal or at acceptance of my JR application". As my application in JR since mid june 2017.

You need your JR to be successful in your favour for your previous extension (if in time) to be considered and any overstay ignored

If your JR fails, you are an overstayer from the day after your last visa expired.

[Ktk143]

That means if i apply for any other country after my JR fails, they will consider me as OVER STAYER IN OTHER COuntry?

[marcnath]

That means if i apply for any other country after my JR fails, they will consider me as OVER STAYER IN OTHER COuntry?

You are on overstayer only in the UK

[Ktk143]

Hi,

Very disturbed as DVLA suspended my driving license due to ILLIGAL CITIZEN IN UK,

I am at tier1 visa with JUDICIAL REVIEW FOR extension, how can i be Illigal?

Is there any way to challange this decision?


Thank you

[CR001]

I am at tier1 visa with JUDICIAL REVIEW FOR extension, how can i be Illigal?

Perhaps you have missed mine and zimba88's post stating JR is outside of the immigration rules and you are now an overstayer. As a person with no legal visa status, DVLA will revoke your license.

Judicial review is outside the immigration rules and it should be pursued at your own risk/cost.
You need 5 years of lawful residence for ILR under the immigration rules. You have been an overstayer since the refusal of your AR and therefore cannot apply for any new application in the UK. If the tribunal finds that the decision to refuse your extension was unlawful, then you get your extension and time spent overstaying will be considered under section 3C, assuming your extension application was made in-time.

You mean" at findings of tribunal or at acceptance of my JR application". As my application in JR since mid june 2017.

You need your JR to be successful in your favour for your previous extension (if in time) to be considered and any overstay ignored

If your JR fails, you are an overstayer from the day after your last visa expired.

[Ktk143]

Government Legal Team resonded "WE WILL CONTEST THIS APPLICATION"

how long will it take more for final verdict from upper tribunal.. this respond was in start of Aug 2017.?

[zimba]

You ARE an overstayer and unlawfully staying here. How many times we have to repeat this ?
Your 5 year lawful stay did not complete as your section 3C ended long ago.

[CR001]

It will take however long it takes. It does not fall under the immigration route but under the Judiciary process. No one can tell you how long you will wait.

If HO is contesting then there must be strong grounds.

Why was your Tier 1 Ent extension and AR refused??

[Yasmin123]

Hi,

Very disturbed as DVLA suspended my driving license due to ILLIGAL CITIZEN IN UK,

I am at tier1 visa with JUDICIAL REVIEW FOR extension, how can i be Illigal?

Is there any way to challange this decision?


Thank you

Did you give them your DVLA information. Because they are sending letters to handover DVLA to everyone who are appealing against them.

[Ktk143]

My case was refused due to unprofessional approach from my solicitor ( i hav already launched a case against them with Legal Ombudsmen), i have written confirmation from Legal Ombudsmen that THE SERVICE YOU RECEIVED WERE BELOW AVERAGE. Plus that solicitor was sentenced due to tax evasion.

I have not informed DVLA, but my license was suspended in Sep 2016 and i launched JR in June 2017.

[zimba]

My case was refused due to unprofessional approach from my solicitor ( i hav already launched a case against them with Legal Ombudsmen), i have written confirmation from Legal Ombudsmen that THE SERVICE YOU RECEIVED WERE BELOW AVERAGE. Plus that solicitor was sentenced due to tax evasion.

I have not informed DVLA, but my license was suspended in Sep 2016 and i launched JR in June 2017.

There is no such a thing an unprofessional approach by solicitor as a cause for a Tier 1E refusal. You need to explain what did the refusal letter say regarding your refusal and the concerning immigration rules.

[Ktk143]

Well i provided all required documents but not forwarded to HO. Second thing HO LOST SOME OF MY DOCUMENTS WHICH WERE NEVER FORWARDED TO THEM AGAIN BY MY THAN SOLICITOR. I CHANGED MY SOLICITOR WHO LAUNCHED MY AR. I CONSTANTLY CHASED HIM FOR OUTCOME but he used delaying tactics untill he got caught in TAX evasion. Meanwhile he received my AR outcomes but never let me know (i havn't got my copy as i changed my adress "later on HO was informed").

Now HO is saying we hav provided you with enough time to provide documents but you didn't.
Second thing is they said you launched JR late (almost seven month). And you have the same adress for that you have before (while i have changed it, EMAIL TO HO AS A PROOF. As i received AR outcomes in March 2017.

[Momi]

I'm really sorry that you are also one of the victims of so called immigration experts.
That's the only reason I'm against solicitors.
They only want money.

[Ktk143]

Any other option (Solution) except SORRY???

[CULLINAN]

Any other option (Solution) except SORRY???

You still have not answered what zimba88 mentioned. We understand that is negligence on your solicitor’s part but what were the original refusal points as per your tier 1 extension.

Only then experts can advise you regarding your JR success also.

[CULLINAN]

Any other option (Solution) except SORRY???

You still have not answered what zimba88 mentioned. We understand that is negligence on your solicitor’s part but what were the original refusal points as per your tier 1 extension.

Only then experts can advise you regarding your JR success or any related issues arising.

[Ktk143]

1. I got letters from HO that your documents are missing,submit copies. My than solicitor failed to submit (BUSINESS ACCOUNT, EMPLOYEE DETAILS) although i submited to them.
This was the only point for my refusal.

AR refused as their (HO) stance was WE GAVE YOU ENOUGH TIME TO SUBMIT YOUR DOCUMENTS AND WE HAVN'T RECEIVED ANY; ON THE BASIS OF DOCUMENTS WE HAVE FROM YOUR SIDE YOU DONOT FULFILL THE REQUIREMENTS FOR EXTENSION.

I launched P.A.P in march 2017, now JR in process.

[CR001]

If documents were not submitted, then the refusal is correct.

It is and always will be the applicant's responsbility to make sure their applications and documents are 100% correct.

P.S. Please stop posting in CAPITAL lettersk, it is the same as SHOUTING!!

[CULLINAN]

1. I got letters from HO that your documents are missing,submit copies. My than solicitor failed to submit (BUSINESS ACCOUNT, EMPLOYEE DETAILS) although i submited to them.
This was the only point for my refusal.

AR refused as their (HO) stance was WE GAVE YOU ENOUGH TIME TO SUBMIT YOUR DOCUMENTS AND WE HAVN'T RECEIVED ANY; ON THE BASIS OF DOCUMENTS WE HAVE FROM YOUR SIDE YOU DONOT FULFILL THE REQUIREMENTS FOR EXTENSION.

I launched P.A.P in march 2017, now JR in process.

If this was the only rejection point did you consider to re apply and make a fresh application with these documents?

[zimba]

1. I got letters from HO that your documents are missing,submit copies. My than solicitor failed to submit (BUSINESS ACCOUNT, EMPLOYEE DETAILS) although i submited to them.
This was the only point for my refusal.

AR refused as their (HO) stance was WE GAVE YOU ENOUGH TIME TO SUBMIT YOUR DOCUMENTS AND WE HAVN'T RECEIVED ANY; ON THE BASIS OF DOCUMENTS WE HAVE FROM YOUR SIDE YOU DONOT FULFILL THE REQUIREMENTS FOR EXTENSION.

I launched P.A.P in march 2017, now JR in process.

This is really ridiculous as you have no case at all
You or your representative failed to supply the required documents and now you think HO made an unlawful decision !?
Why did you go for JR instead of a fresh application with proper documents ?! You pretty much destroyed the chances of getting an extension

[Ktk143]

Really sory for Capital letters, i do understand that its my responsibility to provide documents (which i did), but will HO punish me for neglegence of my solicitor?

I already have launched complaint against him in Legal Ombudsman.