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ILR - EEA Application refused but still have valid visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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729926
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Joined: Thu Jan 04, 2018 2:20 am
Portugal

ILR - EEA Application refused but still have valid visa

Post by 729926 » Thu Jan 04, 2018 2:41 am

i came to uk march 2008
Got PSW in 2011
Applied T1 ENT in 2013 got refused and won appeal and got brp in aug 2014
applied EEA visa in oct 2014 but got refused then went for appeal and appeal is been refused too
after that I didn't chase it any further as I got valid stay for T1 Entrepreneur. (T1 ENT BRP was sent to H.O at the time of EEA Application which I asked back for after the refusal and they send me new one with new start date but same expiry date)
my application is already with H.o for extension but I am planning to apply for ILR in Feb (28 days time period)
my question is
1 Does Refusal of EEA will effect my T1 Ent.... I mean what rules say exactly if you have valid stay and apply for EEA and EEA application got refused will you be aright with the old stay
2 as extension is already with h.o no decision is been made so far but I am panic will that EEA refusal effect my ILR in any way

Obie
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Location: UK/Ireland
Ireland

Re: ILR - EEA Application refused but still have valid visa

Post by Obie » Thu Jan 04, 2018 6:41 pm

Why were you refused EEA Residence? Was it due to marriage of convenience?
Smooth seas do not make skilful sailors

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR - EEA Application refused but still have valid visa

Post by secret.simon » Thu Jan 04, 2018 7:01 pm

729926 wrote:
Thu Jan 04, 2018 2:41 am
applied EEA visa in oct 2014 but got refused then went for appeal and appeal is been refused too
What are your nationalities? What was your relationship to the EEA citizen sponsor, if you had any?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

729926
Newly Registered
Posts: 3
Joined: Thu Jan 04, 2018 2:20 am
Portugal

Re: ILR - EEA Application refused but still have valid visa

Post by 729926 » Fri Jan 05, 2018 12:22 am

Obie wrote:
Thu Jan 04, 2018 6:41 pm
Why were you refused EEA Residence? Was it due to marriage of convenience?
wife wasn't using treaty right(as payslips was for few months) they also visit house when we wasn't there and they find one other boy living in there afterword we went to court and my wife English wasn't good enough and judge said I have valid stay why do I need EEA visa if I feel at the end of my visa I can apply for EEA but judge di also use the word marriage of convince.
Home office neither chase anything afterword's nor did I but I did get my T1 ENT BRP back.
before the expiry of T1 ENT I received email from home office that my T1 ENT visa is expiring either I should get ready for extension or leave the country
I am Indian national I was; well still married to portages but not living together anymore

vinny
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Re: ILR - EEA Application refused but still have valid visa

Post by vinny » Fri Jan 05, 2018 1:20 am

As they didn't curtail your leave, you may still apply for an extension or ILR, if you meet the requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

729926
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Posts: 3
Joined: Thu Jan 04, 2018 2:20 am
Portugal

Re: ILR - EEA Application refused but still have valid visa

Post by 729926 » Fri Jan 05, 2018 5:10 pm

vinny wrote:
Fri Jan 05, 2018 1:20 am
As they didn't curtail your leave, you may still apply for an extension or ILR, if you meet the requirements.
Thanks for your reply i also came to know that every application treats under its own right and shall not effect other applications if we meet the requirement....is there any specific law or immigration rule about it. All i mean if i can get any proper immigration law or rule or guidline about it which you can refer
Thanks in advance for all the guidline

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR - EEA Application refused but still have valid visa

Post by Obie » Fri Jan 05, 2018 6:00 pm

You can vary and see how it goes. Hopefully they will not hold it against you.
Smooth seas do not make skilful sailors

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