Tier 1 Ent Extension Refused, SET (O) Application

[malikafzaal]

Dear and respected friends

I entered in UK August 2007 on student visa, completed my MSc from University in 2010, got PSW till December 2012, then applied Tier 1 Entrepreneur visa £50K basis, shown in UK bank accounts, Application was successful and got visa till April 2016.
then i applied for extension which was refused in 20 June 2016 with 7 Reasons, Did admin review and HO reissued new refusal with 2 reason and excepted there 5 mistakes.
Making story in short they been keep refusing me till oral hearing october 2017. then i applied in court of appeal against the court JR decision in February 2018 and still waiting for the decision.

Some one can suggest what is the best way now, should i apply for SET (O) Application on the basis of my business and my investment £58,000.00 in this country? my company is still active and running, i still have one employee in the company but i am not allowed to work as my 3C is broken since 2016.

Please advise about SET (O) Application and what supporting documents shall i produce? in September there will be my 11 years in this country.

Please advise,
Kind regards

[zimba]

You are not eligible neither under SET(O) nor SET(LR). For SET(O) you need 5 years residence under Tier 1E and for SET(LR) you need 10 years of lawful residence which you do not have either of those. Remember that time spent pursuing a JR is not lawful residence. You simply have to go through your JR and that is your only option as far as I see. The success depends solely on the reasons of your refusal

[malikafzaal]

You are not eligible neither under SET(O) nor SET(LR). For SET(O) you need 5 years residence under Tier 1E and for SET(LR) you need 10 years of lawful residence which you do not have either of those. Remember that time spent pursuing a JR is not lawful residence. You simply have to go through your JR and that is your only option as far as I see. The success depends solely on the reasons of your refusal

Thanks for your reply...
i understand completely and agree what you say, me and my solicitor was thinking may be we can get right of appeal after SET (O) application if they refuse.
my Tier 1 Extension was refused because HO didn't apply evidential flexibility rule properly, my business bank statement was missing some period but same information was being proved from my personal bank statement to prove £50K investment, my 9 years were Lawful.

[CR001]

There is no right if appeal for PBS applicants!!

[zimba]

Your solicitor is misleading you because an application as an overstayer leads to an automatic refusal. Even if you get right of appeal under SET(LR), you do not have basic eligibility under the rules to be granted ILR.

[malikafzaal]

Your solicitor is misleading you because an application as an overstayer leads to an automatic refusal. Even if you get right of appeal under SET(LR), you do not have basic eligibility under the rules to be granted ILR.

All solicitors are like that i guess, so far i have spent £17K on fees. i have still case pending in court of appeal since February 2018.
any better route ?

[zimba]

You should have sought advice at that time instead and then applied for the fresh extension with all the required documents. JR is usually a bad and expensive move. I do not see any other options to follow

[Rockey]

Hi Malik Afzal ,

Can you tell us pls why your visa was refused , you said just becz of not submitting Business bank statement? but i dont think so its requirement to show all 3 year transactions!!!

[malikafzaal]

Hi Malik Afzal ,

Can you tell us pls why your visa was refused , you said just becz of not submitting Business bank statement? but i dont think so its requirement to show all 3 year transactions!!!

1- Business bank statement what i submitted was proving £42,000.00 but my personal bank statement was proving the transaction of £58,000.00. and my accounts, director loan letter and invoices.....
Evidencial flexibility Rules was not implemented

2- one of my employee passport was expired when he joined my compnay and he has Right of Abode, but later on he renewed his passport and Right of Abode too....

these are the only 2 reasons...

[Rockey]

Thanks.
very strange for this reason it was rejected! Anyways if this is the only reason then i guest it should be overturned in Admin review but problem is that HO does accept new documents..

Wish you good luck.