Ent visa refused

[Geethusanesh]

Hello all,
My application for an extension is refused stating one of my employees is got a limited leave to remain document and she cannot be considered as a settled worker .
She is got a refugee passport and has applied for extension for settlement
Home office have sent a letter to her stating that she is considered under same refugee status and has no issues to work
When u read the details of refugee status it is stated in gov. Co . Uk that a person who is got humanitarian protection act refugee status they can have unrestricted access to labour market and can access public funds
Please ''zimba ' and other senior members suggest me what chances I got for AR
Thanks a lot in advance
Geethu

[CR001]

A refugee status migrant still requires 5 years residence before they can apply for ILR (settlement). They are allowed to work and most can claim benefits while they have refugee status, but until they have ILR, they are NOT settled workers.

AR will fail as the decision is correct if the worker cannot be counted as a settled worker.

[manu2017]

Really sorry to hear about this, not 100% sure but I think Refugee status doesn't count as under settle worker to claim the points. Zimba and other seniors to confirm, my best wishes are with you. Would you please share you timeline, when did you applu for your extension. Thanks

[Needo]

Hello all,
My application for an extension is refused stating one of my employees is got a limited leave to remain document and she cannot be considered as a settled worker .
She is got a refugee passport and has applied for extension for settlement
Home office have sent a letter to her stating that she is considered under same refugee status and has no issues to work
When u read the details of refugee status it is stated in gov. Co . Uk that a person who is got humanitarian protection act refugee status they can have unrestricted access to labour market and can access public funds
Please ''zimba ' and other senior members suggest me what chances I got for AR
Thanks a lot in advance
Geethu

Very sorry to hear that. Could you confirm when did she apply for ILR??? Coz if she was eligible for ILR and she worked with you for at least 12 months then you can challenge and argue with HO for award of points.

[CR001]

Very sorry to hear that. Could you confirm when did she apply for ILR??? Coz if she was eligible for ILR and she worked with you for at least 12 months then you can challenge and argue with HO for award of points.

How so?? Being eligible or submitting an application for ILR is not the same as holding ILR status. Set Protection ILR applications take in excess of 6 months to decide.

There is not 'entitlement' to ILR. Even refugees have to meet all the requirements for Set(P) and ILR can be refused.

[Needo]

Please aginore the previous post as I forgot to mention the highlighted words
Very sorry to hear that. Could you confirm when did she apply for ILR??? Coz if she was eligible for ILR and she worked with you for at least 12 months after eligibility for ILR then you can challenge and argue with HO for award of points.

[CR001]

Please aginore the previous post as I forgot to mention the highlighted words
Very sorry to hear that. Could you confirm when did she apply for ILR??? Coz if she was eligible for ILR and she worked with you for at least 12 months after eligibility for ILR then you can challenge and argue with HO for award of points.

No, you are still wrong. A worker does not automatically have 'settled status' simply because they are 'eligible' for ILR.

[Needo]

I may be wrong but I am referring to my previous post of PR EMPLOYEE where one of my employee he got his PR in January 2017 whereas he applied for that in 2015. My Solicitor claimed points on him and the HO awarded points.

[Geethusanesh]

Hi all
She applied for ILR about 9 months ago and they have not decided that application yet ... it is under humanitarian protection act
I'm so confused as to what to do

Please advice
Thanks
Geethu

[Geethusanesh]

Then she got a letter from them stating that her application is still on process and it is ok for her to work

I'm really worried

Thanks
Geethu

[CR001]

I may be wrong but I am referring to my previous post of PR EMPLOYEE where one of my employee he got his PR in January 2017 whereas he applied for that in 2015. My Solicitor claimed points on him and the HO awarded points.

PR for EU citizens and their spouse are completely different to ILR.

PR is AUTOMATICALLY attained and applying for PR is merely a confirmation of a status they already have. ILR is NOT.

[CR001]

Then she got a letter from them stating that her application is still on process and it is ok for her to work

I'm really worried

Thanks
Geethu

She is allowed to work but that doesn't make her a 'settled worker'.

[Geethusanesh]

Hi all ,
So even if the humanitarian protection act states unrestricted access to employment still not considered as settled worker ?
I have genuinely spend all those money and still running business
My history is
Came here as a student
Then psw
Then tier 1 entrepreneur
Now extension
In between i got married and got a son who is born here who is two years old
Now I'm pregnant six months
is that I have no chances at all

After spending all my efforts in raising the business from scratch I really feel so stressed in this situation
They even stated they have considered my family status and they don't think my child will have any impact if he has to relocate
Judicial review will that be an option
I will complete my 10 years in 11 month so time
I don't know whether this is an appropriate topi to discuss in this heading forgive me
Thanks

[Momi]

CR001 is 100% right. When I got my initial visa and I advertised the job then many applicants have applied who have refugee status. I confirmed from many solicitors and also home office, but they said refugees are not settled unless they have ILR.
So no point going on AR or JR, which will fail as well. Consider other options.

When did you apply for extension? What exact date you completing 10 years?

[CR001]

So even if the humanitarian protection act states unrestricted access to employment still not considered as settled worker ?

No they are not settled workers. A person on a spouse visa also has unrestricted access to employment as does a PBS Dependent but until they are granted ILR and have a BRP, they are not considered settled.

[Geethusanesh]

Hi momi n cr001 ,
I complete my 10!years on 09/12/2018

Thanks
Geethu

[Momi]

You have more than a year to complete 10 years.
What date did you apply for extension?
You need to gain time but it's not right place to discuss it.
Meet a good solicitor asap.

[marcnath]

Sorry to hear about your situation, Geethu.
Unfortunately, it appears you did not understand the rules in the first place.
You can go for an AR, but that would be purely to get you more time for other steps. Unfortunately, that is unlikely to take 11 months, so it will not get you to ILR (LR).
JR will not help either as your chances are close to zero.
Your only other option is get some other visa - T2, for example.

You mentioned "They even stated they have considered my family status and they don't think my child will have any impact if he has to relocate" - where did that response come from ? Was it part of the rejection or did you already apply for a family visa ?

[zimba]

The decision is correct. Only jobs given to settled employees will count and simply having a refugee status does not mean you are settled.
The definition of settled under Tier 1E is slightly different from the immigration Act 1971. Under Tier 1E rules ALL the EEA citizens are considered settled (with or without PR). However non-EU citizens (including refugees) must have ILR to be considered settled.