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ILR Been Refused on Tier 1 General

Posted: Fri Jul 27, 2018 3:11 am
by SP78
Hello,
I like to thank for all comments in this forum and most of them are very useful
I need your big help to sort my immigration matter.
My Immigration History
came to UK 28.08.2008 as a student, had student extension on April 2010.
I got PSW from August 2010, tier 1 general from July 2012 to July 2014
Tier 1 Extension July 2014 to July 2017.
All the application been made on time and been approved

I was applied ILR based on 5 years root and it's been refused on January 2018 with administrative review.
reason for refusal HO not satisfied with interview which is they hold on January with regards my ILR Application.
they are not satisfied with my self employment business based on my answers in the interview.
I have submitted administrative review on time and its been unsuccessful and got reply on 28 april 2018

according to my solicitor I have applied FLR (FP) from my son's 7 year in uk. I got 3 children
1. nearly 11 years and living in uk more than 9 year
2. born in uk now 7 years old
3. born in uk 18 months

my question is can I apply ILR based on long residence as I am completing 10 years in 28 August 2018.
is their any breaks on my immigration after my refusal?

my solicitor advise me I need to wait for the current application been decide.

please help me I am really frustrated my life as I don't know what to do.

Thanks for your help

Re: ILR Been Refused on Tier 1 General

Posted: Fri Jul 27, 2018 6:27 am
by vinny
Unfortunately, the refusal would have broken your continuous lawful residence, required under Long residence, unless your application for FLR(FP) was within 14 days of the refused AR and was successful.

Wait as advised.

What was the problem with your self employment?

Re: ILR Been Refused on Tier 1 General

Posted: Fri Jul 27, 2018 7:21 am
by vinny
Uncertain if you can vary your FLR(FP) application to SET(LR) and rely on 276B.(v)(b)?

I seem to remember seeing some refusals.

Re: ILR Been Refused on Tier 1 General

Posted: Fri Jul 27, 2018 12:49 pm
by SP78
Thanks Vinny.

I have applied FLR (FP) within 14 days after the admin review concluded as they were given 14 days for do some thing.

I have lost my working rights after the admin review, will I able to get my working rights back as I got active application.

Thanks for your help

Re: ILR Been Refused on Tier 1 General

Posted: Fri Jul 27, 2018 12:53 pm
by CR001
SP78 wrote:
Fri Jul 27, 2018 12:49 pm
Thanks Vinny.

I have applied FLR (FP) within 14 days after the admin review concluded as they were given 14 days for do some thing.

I have lost my working rights after the admin review, will I able to get my working rights back as I got active application.

Thanks for your help
Your Section 3C protection ended when your AR was refused and you are now an overstayer. Having an 'active application' won't reinstate the Section 3C unless your application is approved. You cannot work etc now until your visa is approved.

Re: ILR Been Refused on Tier 1 General

Posted: Sat Jul 28, 2018 1:29 am
by SP78
Hi CR001,
Thank you very much for your reply.

Re: ILR Been Refused on Tier 1 General

Posted: Sat Jul 28, 2018 1:50 am
by SP78
Hi Vinny

I had a self employment at Sri Lanka from
2011 and it’s been accepted on all the application I made for initial application & extension for Tier 1 general (I had interview on my extension, that time also my brother was power of attorney for my business account and I told them that time as well)

On ILR only reason they refuse my application they are not satisfied guinuiness of businesses as I have given power of attorney for my brother in Sri Lanka to operate my bank account and some answers about my business activities

According to my solicitor I could chalange this with JR but problem is if I go for JR my continuation of living in Uk will break once I apply for JR

I was thinking going for flr(fp) then apply for long residence as I got strong grounds for this application as advise by solicitor

I’m not sure what will happen my current Application.

Thanks