Long Residency with more than 180 days gap

[sumeet5577]

I am from India and would like advice from expert Lawyer.

1st Option.
ILR via Long Residency 10 year. I completed my 10 years on 06/02/2017 but there is a gap as below:

Enter UK as a Student - 06/02/2007, In Nov 2009 I got my degree and start maintaining the £900.00 balance for 90 days to apply PSW. In dec 2009, I become ill badly, went to doctors but no improvement and on 31st Jan 2010 I fly to India on my Student Visa which was valid until 31st May 2010. On 30th March 2010 I return to UK, but at Heathrow airport i been asked by immigration officer about the purpose of my entry. I told him everything true that I completed by studies and have to apply for PSW visa. But he refused my entry and advise that I have to go back to India and apply the PSW from there because my purpose is changed. I explained him that I was sick and i maintained the balance in UK Bank to apply within the UK, if i have to apply from India than I have to maintain £2800.00 for another 3 months. But he didn't listen anything and I went back to India and On 30th Mar 2010 I put £2800 in India and exactly after 90 days on 30th June 2010, I submitted the PSW application. On 28th July 2010 my application was refused because they said I didn't apply within 12 month from the date of degree. But they were wrong. I apply for administrative review with all supporting documents and I get my PSW visa on 17th Sep 2010. On 23rd Sep 2010 in enter the uk and now I am on Tier 1 Entrepreneur Visa. Please advise if I can qualify or 10 year LR visa.

2nd Option.
On 4th July 2012, I applied for Entrepreneur Visa as a team of two on the basis of PSW with £50k Investment.

On 9th Nov 2012, My partner got Visa and mine was refused as I did not mention the Driving Points on my Licence. then I went for appeal and which I won and I received my BRP on 4th Mar 2013 - 4th Mar 2016.
On 9th Nov 2015, My partner's visa has been expiring so on 5th Nov 2015 we both applied for Extension together and we both got visa on 20th Dec 15 - 20th Dec 17.
Now my partner has completed 5 years but I am short with 3 months if I considered the the 4th Mar 2013 when I actually received the BRP.

I really really need advice from experts about my 10 year case and this Entrepreneur dates.

Best Regards
Sumeet

[marcnath]

I am from India and would like advice from expert Lawyer.

If you are looking for an expert lawyer, this is the wrong place.

Please find a suitable solicitor.

[sumeet5577]

Dear Marcnath,
I been to 5 Solicitors and 3 Barristers, but everyone given me different statements and so 1 of my friend suggest me about this site.
Thanks
Sumeet

[Obie]

I have removed your contact details as that is not permitted.

You really ought to have challenged the removal by the immigration officer as there was no due process given to you before curtailment of your leave..

You may have a shot on ILR as a PBS dependant . Apply for an extension under that route and Vary to ILR.

Does your partner meet the necessary requirements for ILR under that provision?

[Obie]

Dear Marcnath,
I been to 5 Solicitors and 3 Barristers, but everyone given me different statements and so 1 of my friend suggest me about this site.
Thanks
Sumeet

That is quite a scaring lot of expert that you have been to, if that is the right term to describe them.

[marcnath]

ok. As long as you are clear that the members in this forum are not professional.

Any comments are personal experiences and interpretations only.

Let's take the T1 option first. You can apply for another extension very close to your expiry and delay the biometrics submission as much as you can. There is just the possibility that a decision will not be made by 6 months, in which case you can vary the application to ILR based on T1E. However, note that if you are granted the extension, you can then apply for ILR only after you meet the job creation requirements in the extension period - i.e you have to wait until you have accumulated 24 months of jobs.

You have more than 6 months break for your 10 year residency, so that route is not available. I am curious as to what basis any solicitor/barrister would have given to suggest you are eligible in that route.

[Obie]

It may be the case that some members may well be professional, but in offering advise, they are not doing so as part of a professional duty or obligation, nor is any member permitted to advertise name or address of firm or make recommendations.

From my perspective the decisive problem for OP is the removal, which caused problems in my view, in relation to long residence.

The delay in returning after the appeal can well fall under exceptional circumstances, as delay in Home Office making a lawful decision on his case, but removal causes obstacle to long residence.

[seasky]

I have removed your contact details as that is not permitted.

You really ought to have challenged the removal by the immigration officer as there was no due process given to you before curtailment of your leave..

You may have a shot on ILR as a PBS dependant . Apply for an extension under that route and Vary to ILR.

Does your partner meet the necessary requirements for ILR under that provision?

I believe he meant entrepreneur partner not life partner

[sumeet5577]

Thank you All for your advise!

Dear Marcnath,

Someone advice me same as yours to apply for extension and switch the application to ILR 28 days before 5 years completion. But I dont know what is the process to switch. Can you please advice me about withdraw extension form and submit ILR form.

Also, 2 Person advised me that Make a representation along with my First refusal letter, Appeal decision, Partner approval, and mention that while going through appeal my businees was running and funds were used etc. do you think is this acceptable.

Regards
Sumeet

[sumeet5577]

ILR via Long Residency 10 year. I completed my 10 years on 06/02/2017 but there is a gap as below:

Enter UK as a Student on 06/02/2007,
Nov 2009 - got my degree and start maintaining the £900.00 balance for 90 days to apply PSW.
In dec 2009, I become ill badly.
On 31st Jan 2010 I went to India on my Student Visa which was valid until 31st May 2010.
On 30th March 2010 I return to UK, but at Heathrow airport i been asked by immigration officer about the purpose of my entry. I answered him that I completed by studies and have to apply for PSW visa. But he refused my entry and advise that I have to go back to India and apply the PSW from there because my purpose is changed. I explained him that I was sick, i left this UK because of serious illness otherwise I was about to apply my PSW on 31st Jan 2010 because I maintained my £900 for 90 days. and i also explained him that if i have to apply from India than I have to maintain £2800.00 for another 90 days and after graduate i already wasted my 5 months in sickness and if I went back and than another 3 months, which is not fair as I am freshly graduate and need to built my career. But he didn't listen anything and I went back to India and On 30th Mar 2010 I put £2800 in India and exactly after 90 days on 30th June 2010, I submitted the PSW application. On 28th July 2010 my application was refused because they said I didn't apply within 12 month from the date of degree. But that was wrong decision. Than I apply for administrative review with all supporting documents and I get my PSW visa on 15th Sep 2010. On 23rd Sep 2010 in enter the uk and now I am on Tier 1 Entrepreneur Visa. Please advise if I am able to apply for 10 year LR visa.

From Guidance notes: I notice few things which are in my favour.
1. You must consider whether the individual returned to the UK within a reasonable time once they were able to do so. -------- Yes I came back after 8 day of Granted PSW Visa
• for the single absence of over 180 days:
2. you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so -------------- 53 days over.
3. you must also consider the reasons for the absence ------- Unavoidable circumstances.
4. if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements ---- 2010 was the start of my period.

Many Thanks

[CR001]

Topics merged - Multiple Topics/Posts (click)

[sumeet5577]

Hi All,
Please need urgent advice on my case.

Q 1. Am I able to apply for SET(LR) if my Entrepreneur visa refused as there is no appeal right?
Q 2. If I apply for Entrepreneur Extension visa now and while waiting for decision, can i apply for 10 year LR visa as a same day service in January 2018?
Q 3. If i applied for SET(LR) and its refused than still there will be an option for me to apply for Entrepreneur settlement visa?

Many Thanks in advance

[marcnath]

Hi All,
Please need urgent advice on my case.

Q 1. Am I able to apply for SET(LR) if my Entrepreneur visa refused as there is no appeal right?
Q 2. If I apply for Entrepreneur Extension visa now and while waiting for decision, can i apply for 10 year LR visa as a same day service in January 2018?
Q 3. If i applied for SET(LR) and its refused than still there will be an option for me to apply for Entrepreneur settlement visa?

Many Thanks in advance

1. Yes, you can. You need to make the application with 14 days of any rejection of your AR.
2. Yes, you can
3. Yes, a refusal does not cancel existing visa.

You are someone who will get an advantage with the amended rules. If you have met the employment criteria, you will now be able to apply for ILR on T1E almost immediately after any renewal.

So, if your extension is approved in March, you can immediately apply for ILR if you have the 24 months of employment in the 12 months between March 2017 and Feb 2018. You don't have to create 24 months of employment after the extension grant.

[sumeet5577]

So kind of you Dear Marcnath,

I solicitor said that if we manage to find a same day service before my visa expire on 20th dec 2017 that we will go for SET (LR).

Unfortunately i checked everywhere but nothing is available before 15th Jan 2018.

Do you know or any one, is there any way I can manage to get the appointment before 20th dec 2017

Many Thanks

[CR001]

Do you know or any one, is there any way I can manage to get the appointment before 20th dec 2017

Most appointments for December are fully booked already. It is likely too late now to get one. No other way to book them except online.

[sumeet5577]

Hi Luckily, I manage to book appointment in December 2017.

Do you think I can take my solicitor with me as he is making my representation because my case is not straight forward.?
or is there any role of Solicitor at Premium service center. do you think Solicitor is allowed to speak with immigration officer.

Many thanks

[CR001]

You can take your solicitor. It won't make have any influence on your application though. Premium service is NOT an 'interview'. If the CW has a question, they will ask you directly. But usually they only ask for all your documents and tell you to wait while they process and check your paperwork and immigration history.

[sumeet5577]

Do you think Solicitor are allowed to explain more in case if they will not able to understand some points.

[CR001]

You can take your solicitor. It won't make have any influence on your application though. Premium service is NOT an 'interview'. If the CW has a question, they will ask you directly. But usually they only ask for all your documents and tell you to wait while they process and check your paperwork and immigration history.