Please help, to prevent another near miss.
Posted: Mon Mar 12, 2018 8:23 pm
First visa was granted as student on 10th of march 2008. Entered UK 7th April 2008. Proceeded to PSW then to tier 1 general route.
First refusal: Applied Jan 2016 ILR tier 1 general at a PEO.
Reasons for refusal: lmmigration rules paragraph 322(5),paragraph 19(i),(j) and 245CD(b)(g).
Still have extant leave so did tax amendments and re- applied Feb 2016.
Second refusal: 12th Feb 2018(almost 2 yrs)
Reason for refusal: same as above.
First near miss: The second refusal was dated 12th feb though received decision on 15th Feb. One thing l want to point out is though l believed that the counting of 14 days should start at the day written refusal was received. The Solicitors l met were actually counting from date of refusal. So l have to really hurry to meet the 14 days deadline.
From the information l got from @moni pointer for what constitutes continuous leave l could have varied my ILR (set o) to ILR(LR) on 10th Feb if l have used visa grant date instead of entry date to UK considering that l received the refusal dated 12th Feb.
My question now is am currently on AR and currently on section 3C. I understand through my research that before refusal on 322(5) will take place a caseworker have to get authorisation from his/her manager. So am not overly optimistic that because AR is moved from one manager in Sheffield to another in Liverpool who is still within UKVI and in no way an independent reviewer that my expectations would be met.
From the guidance l read if l put in ILR(LR) tomorrow it would be assumed that the AR and section 3C ended a day before so that the new application will continue. I wonder why this is so considering that section 3C is still ongoing.
My aim is to protect right to work. Do anybody read any new guidance contrary to the above or can give me any pointer in this direction.
Considering my current situation, can l actually switch to tier 2 general route if AR is refused or paragraph 322(5) which is a general ground for refusal would be a hindrance.
From what l have learnt from this forum l know of applying ILR(LR) in one hand and pursuing JR in the other hand but am just looking for a quicker solution. I could have switched to a different route but do not have family here.
Pls, advice if you have an suggestions.
First refusal: Applied Jan 2016 ILR tier 1 general at a PEO.
Reasons for refusal: lmmigration rules paragraph 322(5),paragraph 19(i),(j) and 245CD(b)(g).
Still have extant leave so did tax amendments and re- applied Feb 2016.
Second refusal: 12th Feb 2018(almost 2 yrs)
Reason for refusal: same as above.
First near miss: The second refusal was dated 12th feb though received decision on 15th Feb. One thing l want to point out is though l believed that the counting of 14 days should start at the day written refusal was received. The Solicitors l met were actually counting from date of refusal. So l have to really hurry to meet the 14 days deadline.
From the information l got from @moni pointer for what constitutes continuous leave l could have varied my ILR (set o) to ILR(LR) on 10th Feb if l have used visa grant date instead of entry date to UK considering that l received the refusal dated 12th Feb.
My question now is am currently on AR and currently on section 3C. I understand through my research that before refusal on 322(5) will take place a caseworker have to get authorisation from his/her manager. So am not overly optimistic that because AR is moved from one manager in Sheffield to another in Liverpool who is still within UKVI and in no way an independent reviewer that my expectations would be met.
From the guidance l read if l put in ILR(LR) tomorrow it would be assumed that the AR and section 3C ended a day before so that the new application will continue. I wonder why this is so considering that section 3C is still ongoing.
My aim is to protect right to work. Do anybody read any new guidance contrary to the above or can give me any pointer in this direction.
Considering my current situation, can l actually switch to tier 2 general route if AR is refused or paragraph 322(5) which is a general ground for refusal would be a hindrance.
From what l have learnt from this forum l know of applying ILR(LR) in one hand and pursuing JR in the other hand but am just looking for a quicker solution. I could have switched to a different route but do not have family here.
Pls, advice if you have an suggestions.