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Confusion (Zimba and other senior members kindly help)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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hina_pirzada
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Confusion (Zimba and other senior members kindly help)

Post by hina_pirzada » Sun Oct 14, 2018 2:09 pm

Dear Zimba and other senior board members,

I have some queries related to the recent decision by HO for allowing me further leave remain on the basis of exceptional circumstances for 6 months. Kindly read the following content which I summarised.

DECISION:

Thank you for your application for leave to remain in the United Kingdom. Your application for limited leave to remain on the basis of your private life has been considered.
You do not meet all of the immigration rules for a grant of leave under Paragraph 276ADE (1).
Consideration has been given outside the immigration rules and due to your particular circumstances that you husband (name) is having issue in his health, it has been decided to grant you a period of leave outside the rules on an exceptional basis.
What this means to you:
A Biometric Residence Permit (BRP) will be sent to you under separate cover. We have enclosed your BRP with limited leave to remain in the United Kingdom for 6 months in accordance with GEN.1.10
If you have been granted less leave than applied for you may be eligible for the partial refund of an Immigration Health Surcharge payment made in relation to this application.
In order to qualify for the settlement, you must have completed a continuous period of at least 120 months in the United Kingdom with limited leave granted because of your family life.
Providing you continue to meet the relevant legislation at the time of application, you should apply for further leave prior to the expiry of your current leave via a charged application. Subject to meeting that criteria you will be given a further period of leave.
You may need to make further applications and you will need to satisfy the immigration rules to take your leave to the necessary 120 months required for settlement.
Future Applications:
If your circumstance remains the same following the continuous period of lawful leave to remain in the United Kingdom for 10 years and subject to meeting the requirement of the immigration rules at the time you may apply to indefinite leave to remain in the United Kingdom.

My Questions:
1. I don’t understand their means to complete 10 years on the basis of private life? However, I am in the UK since 2009 and all my application were in time application. I was never overstayed.
2. Is this general wording or my continuous law full residency has broken? Because I varied my application form Tier 1 (Ent) Extension to FLR (FP)?
3. In Long Residency rues I did not find anything. The rules simply say that you have lawful leave in any immigration category will count towards 10 years.
4. I have paid IHS £1600 at the time of Tier 1 (ENT) Ext and £2000 at the time of variation. They have refunded me £1600 and taken £400 for the current grant of leave. But £1600 for previous application still not refunded.
5. The application fee for the previous application I was paid £4912 and the varied application fee I paid was £4132. I got refund £4132. Can I get refund excess fee which I paid at the time of previous application which is £780?

I will be grateful to you in advance if you reply my quires.

Thanks

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zimba
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Re: Confusion (Zimba and other senior members kindly help)

Post by zimba » Mon Oct 15, 2018 2:54 am

Please stick to your own post. Your case is NOT relevant to Tier 1E rules :!:

general-uk-immigration-forum/varied-app ... 65022.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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