Tier 1 Graduate Entrepreneur Refused because of previous JR NEED HELP

[Nouman Yousaf]

Hello Everyone,

I am in really difficult situation and NEED URGENT HELP FROM ALL YOU.

i came here in uk in March 2014 on Tier 4 Student visa, i have maintained that visa status until 31st May 2016.

I have applied for FLR(o) as and adult dependent of my British Parents which got refused on 24th Feb 2017 with right of appeal outside the country but i couldn't leave the country
because i was going through Tier 1 Graduate Entrepreneur Endorsement process with my University so applied for Judicial Review within 14 days suggested by solicitor.

i got Endorsement from the University on 30th August 2017 and applied for Tier 1 Graduate Entrepreneur Visa
on 11th September 2017

I received the refusal decision of JR application on 22nd November 2017 and did not pursue with renewal as i already had Tier 1 Graduate Entrepreneur visa application submitted at home office

16th Feb 2018 i have received the refusal letter form Home Office on my Tier 1 Graduate Entrepreneur application stating that : ( I complete all the points required for Tier 1 Graduate Entrepreneur visa but i have OVERSTAYED since 24th Feb 2017 since the refusal of FLR(o) so they allowed me to go for Administrative Review but no right of appeal)

I didn't knew that JR do not continue your 3c leave and the solicitors never cleared that to me. they always treated the JR as legal immigration proceedings, I am a law abiding person and always followed the proper laws.

My question from all the members and moderators is there any similar case to mine caught your eye or any suggestions or advice you can provide on how to fight this case to prove the eligibility and in time applications. or if you have seen any case where JR Overstayer got visa. please kindly refer to me. I have only 12 days to file AR. i would really appreciate your responses. Thanks and bless you all.

another question. if i have to leave the country. how long re entry ban do i get for being and overstayer. and what are the chances of getting future visas after the re entry ban ??

[zimba]

JR has nothing to do with immigration rules and it is part of the administrative law. JR is a process to challenge a government body like HO in court if they acted unlawfully. The UKVI decision is correct as you have been an overstayer for almost a year. Instead you should have applied for another FLR(O) application within 14 days of your first refusal and varied it to Tier 1EG which I believe could have worked out for you without any issue. Your solicitor advised you incorrectly.
Unfortunately you cannot apply for an application in the UK unless you have a legitimate human rights case.
You also now face a 2 year or even a 5 year entry ban.