Tier 1 E extension refused 6 days after varying to FLR FP

[rooney0511]

My solicitor is now proposing to file AR without including any hint of FLR FP application because we have already received acknowledgement of FLR FP application dated 15th June, 2018.

He suggests to let AR process to run its natural course, a refusal is certain by the end of July, 2018. He suggests take no action even after AR refusal until 10 August, 2018 when 10 years long residence will complete and then vary FLR FP to ILR Long Residence with a covering letter explaining the rule that date of posting of FLR FP (6th June, 2018) covers me under section 3c (provided FLR FP is undecided by 10 August, 2018).

any suggestions?

kind regards

If you let the AR process run, you will be contradicting yourself and make your case complicated.
Do the AR, but just mention that you have varied your application and give them the proof and they will
invalidate the refusal.

A similar case, when mentioned on the AR about the variation, they accepted and invalidated the refusal.
Be very clear and the law will be on your side, your Solicitor is misleading you, sorry to say.

[Goldfisheroo]

Hi just need to ask when u get acknowledgement letter of ur vary application what the letter says? It says about ur variation or not or its general letter

Acknowledgment letter is a generic letter, no mention of variation. It also states my case is complex and falls outside of normal service standards.

[Goldfisheroo]

My solicitor is now proposing to file AR without including any hint of FLR FP application because we have already received acknowledgement of FLR FP application dated 15th June, 2018.

He suggests to let AR process to run its natural course, a refusal is certain by the end of July, 2018. He suggests take no action even after AR refusal until 10 August, 2018 when 10 years long residence will complete and then vary FLR FP to ILR Long Residence with a covering letter explaining the rule that date of posting of FLR FP (6th June, 2018) covers me under section 3c (provided FLR FP is undecided by 10 August, 2018).

any suggestions?

kind regards

If you let the AR process run, you will be contradicting yourself and make your case complicated.
Do the AR, but just mention that you have varied your application and give them the proof and they will
invalidate the refusal.

A similar case, when mentioned on the AR about the variation, they accepted and invalidated the refusal.
Be very clear and the law will be on your side, your Solicitor is misleading you, sorry to say.

We filed AR without mentioning pending FLR FP application. Our plan is to write another letter around mid July telling HO about pending FLR FP.

[Goldfisheroo]

As mentioned in Administrative Review guidelines for caseworkers we are clear that an AR is deemed invalid if a fresh visa application is made AFTER refusal of first visa application but before AR is filed.

In our case we filed new visa application (FLR FP) BEFORE Tier 1 Ent Extension refusal decision but HO FLR FP acknowledgement is dted 15th June, 2018 which is 3 days AFTER letter of refusal of Tier 1 Ent. In my solicitor's opinion HO has considered FLR FP as a FRESH application, not as a variation of Tier 1 Ent, and due to this, AR will be automatically rejected as INVALID since rules clearly state that FRESH application takes precedence.

[rooney0511]

As mentioned in Administrative Review guidelines for caseworkers we are clear that an AR is deemed invalid if a fresh visa application is made AFTER refusal of first visa application but before AR is filed.

In our case we filed new visa application (FLR FP) BEFORE Tier 1 Ent Extension refusal decision but HO FLR FP acknowledgement is dted 15th June, 2018 which is 3 days AFTER letter of refusal of Tier 1 Ent. In my solicitor's opinion HO has considered FLR FP as a FRESH application, not as a variation of Tier 1 Ent, and due to this, AR will be automatically rejected as INVALID since rules clearly state that FRESH application takes precedence.

Please understand that when an application is sent by post, it takes about a week or sometimes more to be put on the system (in your case you sent it on 8/6/2018 and your acknowledgment is dated on 15/06/2018).
Only when someone inputs your case on the system, then only a caseworker can see it. So you can't blame the caseworker for something which he didn't have with him when he was doing your refusal.

I have done telling you the process, you should have just mentioned that you varied your application on 8/6/2018 and give them the tracking number, they would have looked it up, invalidated the refusal and even refund your application fee as well the 80 pounds you paid for your AR.

Your solicitor is just trying to make money of you, anyway good luck and all the best.

[hina_pirzada]

Hi

Have u heard anything about your AR? Also did u pay IHS again at the time of variation?

[hina_pirzada]

Hi, Have you got any update about your AR and variation application?

[amu123456789]

Hi
did you received full IHS refund OR partial
thnx

[Goldfisheroo]

Hi, Have you got any update about your AR and variation application?

sorry for the delayed reply

Well my solicitor received AR refusal after 32 days, HO rejected it as an invalid AR without even considering it. The reason is obvious HO said your Tier 1 Ent is no longer valid since an FLR FP on top of it is awaiting a decision. £80 refund not yet recieved.

Regarding FLR Fp, i varied it again with ILR LR after completing 10 years on 8 August, 2018.

Acknowledgment and fees taken last week, still waiting for biometrics invation.

I am now thinking to vary ILR LR postal with ILR LR (premium window)

[Goldfisheroo]

Hi

Have u heard anything about your AR? Also did u pay IHS again at the time of variation?

I paid £500 IHS with FLR FP, again.

[Goldfisheroo]

Hi
did you received full IHS refund OR partial
thnx

i recieved partial £200 refund. Still waiting for the remainder £400

[hina_pirzada]

hi,

Have you got any update about ILR (LR)? have you switched to premium service?

[Goldfisheroo]

hi,

Have you got any update about ILR (LR)? have you switched to premium service?

2 weeks ago i received exceptionally complex issues letter so that means a decisions is not possible in 6 months timeframe.

No premium appointments available anywhere, also sameday decision not guaranteed so i decided to stick to postal faster reply service which i will apply for next week. If accepted good, if not then i wiil just wait for the postal outcome.

[zimba]

How is your situation related to Tier 1E rules as you continuing to post in Tier 1E forums ?

[Goldfisheroo]

hi,

Have you got any update about ILR (LR)? have you switched to premium service?

Again sorry for the delay in responding.

I didn't switch to premium service, i just waited for the outcome on original aplication.

Today i have got decision on postal ILR application, HO granted ILR. Such a relief.

[Goldfisheroo]

How is your situation related to Tier 1E rules as you continuing to post in Tier 1E forums ?

Hi zimba i got my ILR application today approved. So from today (or the date of approval of ILR 27th February). I will refrain from posting in T1E forums.