HELP Do I have 3C Leave?

[anits]

Hello,

Our ILR application under Tier 1 Investor has been refused today. I want to pursue an administrative review and I am relying on the application to be accepted after the review, since the application was rejected for a very minor reason.

In the case that the review still results in a refusal, I want to apply for a student visa because I am a student at UCL. Will I still be able to apply for this visa without leaving the country if the administrative review ends in refusal? Or should I apply for the student visa and administrative review simultaneously (is this even allowed)?

What are the options for my parents, whose Investor visa I was a dependent on, in the case that the administrative review fails? We have been in the UK for over 5 years.

Kind Regards

[tier21419]

What is the reason of rejection?

[anits]

Not maintaining £1m during the whole period. All months that were under £1m were not under by much-- £99X,000. And when we extended the Visa back in 2015, the Home Office was aware of this but granted an extension regardless.

[anits]

Our ILR application was rejected with right to Administrative Review within 14 calendar days of rejection. Instead of AR we submitted a new application for the same ILR route with additional information that was not included in the first one. This was submitted within the 14 days. This application has been received by the Home Office and is now being processed, and I have enrolled my biometrics. Home Office has all of our passports and documents.

Do I currently have 3C Leave? I read the Home Office document explaining 3C/3D leave but I found the wording in it unclear.

Best Regards.

[CR001]

Has your visa already expired?

[zimba]

Our ILR application was rejected with right to Administrative Review within 14 calendar days of rejection. Instead of AR we submitted a new application for the same ILR route with additional information that was not included in the first one. This was submitted within the 14 days. This application has been received by the Home Office and is now being processed, and I have enrolled my biometrics. Home Office has all of our passports and documents.

Do I currently have 3C Leave? I read the Home Office document explaining 3C/3D leave but I found the wording in it unclear.

Best Regards.

If you did not qualify for ILR then why did you apply again ? Also if your visa expired previously then you have no section 3C cover

[anits]

Yes @CR001 the visa expired on 11/11/2017 while the first ILR application was being considered (it was submitted 20/09/2017 and rejection received on 29/01/2018). New application was submitted on 06/02/2018.

@zimba88
We got a lawyer and he said that we can value some assets that will put us over the 1m requirement, so we did this in our new application.
I believe I need 3C leave to attend my university. What do I do? I don't want to withdraw my ILR application since I have already spent so much time here and would like to get ILR. Surely I'm not in the UK illegally if the Home Office holds my passport and has accepted to process the new application?

[CR001]

Surely I'm not in the UK illegally if the Home Office holds my passport and has accepted to process the new application?

You have no legal status as you have no Section 3C protection. Only if your current application is approved will your status be legal again. Holding your passport and 'accepting' an application does not give you 'legal status'. Any application submitted will be processed. Whether it is refused or approved, it still follows the same process.

[anits]

Surely I'm not in the UK illegally if the Home Office holds my passport and has accepted to process the new application?

You have no legal status as you have no Section 3C protection. Only if your current application is approved will your status be legal again. Holding your passport and 'accepting' an application does not give you 'legal status'. Any application submitted will be processed. Whether it is refused or approved, it still follows the same process.

So I will not be able to attend university for up to 6 months..? If I withdraw my ILR application and apply for a student visa will I be able to stay in the UK, or do I have to leave the country to apply for a student visa?

[CR001]

You would likely need to apply from your home country as your visa expired more than 14 days ago.

You should also note that you are likely not permitted to work either.

[zimba]

Well you cannot switch to Tier 4 in the UK so even if you had visa such a switch would have been impossible.
Tier 1 Investor migrants are free to study during their stay in the UK anyway

[anits]

Thank you for the advice. The Home Office has verified to my university that I do in fact have permission to study while the new application is processed.