Judicial review while the case is pending with HO

[CULLINAN]

Dear fellow members,

My T1E application is pending with HO for the last 15 months.
I have tried contacting the MP, sending in complaints and also a pre action protocol but everything failed.

I received a generic reply regarding protocol saying that the case is still in processing and giving details about JR if wanted.

So far all my applications student, psw, tier 1 fresh and tier 1 E I have done myself. Never used a lawyer.

However, I am considering to use a lawyer to file a JR on my behalf for unreasonable delay. The lawyer I met today said they can file a JR for unreasonable delay on CFA basis (conditional fee agreement) that is if i win, the costs will be paid by HO. The lawyer said JR will definitely put some pressure on HO.

Do you think something like this can be done to put pressure on HO or its useless? Also what if I get decision in the meanwhile (positive or negative), would that impact my AR rights and fresh application rights?

Any advice will be appreciated thank you.

[zimba]

Unfortunately there is no legal merit in JR against HO for 'unreasonable delay'. Any lawyer suggesting this wants to empty your pocket.
You better file a complaint against HO.
Discussed at length before: uk-tier-1-entrepreneur-visas/case-again ... 40444.html

[CULLINAN]

Thank you Zimba88 for your reply.

My wife got ILR last month. And my daughter 3 months old will have british citizenship soon as I have already applied for it.

If I vary my tier 1E application to FLR (FP) - family life as a parent. Is that possible?
Also I read that can be done at a premium centre for 1 day consideration is that true?

And if my T1E gets refused God Forbid by any chance I still can apply for FLR(FP)? Would that break my 10 years continuous residency for ILR?

Many thanks for any further advice

[CR001]

If I vary my tier 1E application to FLR (FP) - family life as a parent. Is that possible?

You don't qualify for FLR(FP) parent route if you are in an existing relationship with the child mother. The Parent route is for parents who are no longer in a relationship or are divorced and the child is British.

Also I read that can be done at a premium centre for 1 day consideration is that true?

Possibly.

And if my T1E gets refused God Forbid by any chance I still can apply for FLR(FP)? Would that break my 10 years continuous residency for ILR?

It depends on various aspects. Why not look at FLR(M) if you meet the income requirements?

[CULLINAN]

If I vary my tier 1E application to FLR (FP) - family life as a parent. Is that possible?

You don't qualify for FLR(FP) parent route if you are in an existing relationship with the child mother. The Parent route is for parents who are no longer in a relationship or are divorced and the child is British.

Also I read that can be done at a premium centre for 1 day consideration is that true?

Possibly.

And if my T1E gets refused God Forbid by any chance I still can apply for FLR(FP)? Would that break my 10 years continuous residency for ILR?

It depends on various aspects. Why not look at FLR(M) if you meet the income requirements?

Thank you for your reply CR001

My wife is a house wife but I can meet the savings threshold requirement myself. However as per UK law we are not married. Only religious marriage. We will finish our 2 years together in Sep 18 though.

So that means I can not apply on the child route? As my wife has ILR and child will have BC?

[CR001]

My wife is a house wife but I can meet the savings threshold requirement myself. However as per UK law we are not married. Only religious marriage. We will finish our 2 years together in Sep 18 though.

Where did you get married, in the UK??

So that means I can not apply on the child route? As my wife has ILR and child will have BC?

No as you are not a single parent separated from the childs mother.

[CULLINAN]

My wife is a house wife but I can meet the savings threshold requirement myself. However as per UK law we are not married. Only religious marriage. We will finish our 2 years together in Sep 18 though.

Where did you get married, in the UK??

So that means I can not apply on the child route? As my wife has ILR and child will have BC?

No as you are not a single parent separated from the childs mother.

yes marriage took place in UK

[CR001]

Well then in terms of the UK authority, you are not married and will require a mandatory set of documents for a minimum of 2 years to qualify for FLR(M) spouse visa as an unmarried partner. There is no discretion on this.

[CULLINAN]

Well then in terms of the UK authority, you are not married and will require a mandatory set of documents for a minimum of 2 years to qualify for FLR(M) spouse visa as an unmarried partner. There is no discretion on this.

Or I can register my marriage now? My wife has IlR and I can request an attested copy of my passport from HO? Will we be able to resgister then?
And can I apply FLR (M) premium service? Is there 1 day service?

And will that break my continuous residency as my 10 years will be completed in 2020?

[CR001]

Or I can register my marriage now? My wife has IlR and I can request an attested copy of my passport from HO?

The requirement is that you have to give 28 days notice to an HO approved Registry office. They then inform HO and the notice period can be extended to 70 days for HO to investigate and/or interview both of you separately, before they grant permission for your to marry.

Will we be able to resgister then?

See above.

And can I apply FLR (M) premium service? Is there 1 day service?

Yes, provided you have valid leave to remain or you vary your current application. No guarantee that you will get a same day decision.

And will that break my continuous residency as my 10 years will be completed in 2020?

No.

[CULLINAN]

Thank you very much for your quick replies.

One of my friend had a similar case where his spouse visa was refused (could not meet the £18600/annum requirement) but then his daughter was born. Both wife and daughter were british and he got the FlR(FP) 10 years route on appeals then. Took 2 years though.

I was under the impression that you can apply on the child even if you are in existing relationship. However I think my assumption was wrong.

[CULLINAN]

If I vary my tier 1E application to FLR (FP) - family life as a parent. Is that possible?

You don't qualify for FLR(FP) parent route if you are in an existing relationship with the child mother. The Parent route is for parents who are no longer in a relationship or are divorced and the child is British.

Also I read that can be done at a premium centre for 1 day consideration is that true?

Possibly.

And if my T1E gets refused God Forbid by any chance I still can apply for FLR(FP)? Would that break my 10 years continuous residency for ILR?

It depends on various aspects. Why not look at FLR(M) if you meet the income requirements?

Sorry to ask another question.
You said I cant apply for the FlR (FP) parent route. What about FLR(FP) partner route then? Can i apply that?

I am sorry the thread started as a tier 1 query and changed into a family matter. Please transfer this thread in the required sub section if necessary.

Thank you

[bizman]

I think you should first formalise your marriage with your wife while your application is still with HO and before the outcome as a prove that its not because you have a negative outcome that prompted you to formalise your marriage, then go through the complaint route to mount pressure on HO. Just an idea.

[CULLINAN]

I think you should first formalise your marriage with your wife while your application is still with HO and before the outcome as a prove that its not because you have a negative outcome that prompted you to formalise your marriage, then go through the complaint route to mount pressure on HO. Just an idea.

Thank you

[CULLINAN]

Hello, I am still waiting for my extension but preparing myself for the job creation requirement post extension.

Please can someone clarify:

My initial tier 1 was issued on 15th jan 2014 - 15th jan 2017.

My ILR is due on 15th jan 2019. However I can apply 28 days before that is 17th dec 2018.

As per the new job creation laws does that mean if my extension is approved now and its less than 12 months to my ILR submission date I can use only 12 months previous job creation from the date of ILR submission date?

That means I will be able to use job creation from dec 2017 - dec 2018 for ILR purpose and *NOT* before that?

If I apply on the 2nd january 2019 for ILR does that mean I can only use job creation for dec 2017 - dec 2018?

Is that correct?

Thank you

[zimba]

If you apply for ILR on 2nd Jan 2019, you can claim all employment since 2nd Jan 2018.

[marcnath]

Hello, I am still waiting for my extension but preparing myself for the job creation requirement post extension.

Please can someone clarify:

My initial tier 1 was issued on 15th jan 2014 - 15th jan 2017.

My ILR is due on 15th jan 2019. However I can apply 28 days before that is 17th dec 2018.

As per the new job creation laws does that mean if my extension is approved now and its less than 12 months to my ILR submission date I can use only 12 months previous job creation from the date of ILR submission date?

Yes, if you decide to apply with 12 months of getting your extension.

That means I will be able to use job creation from dec 2017 - dec 2018 for ILR purpose and *NOT* before that?

Correct, assuming you apply in Dec. Remember this is better than the old rules when you could only have used jobs AFTER extension approval.

If I apply on the 2nd january 2019 for ILR does that mean I can only use job creation for dec 2017 - dec 2018?

Yes.
But again, if you get you extension now, you have until 2 years from extension date to apply for your ILR. So Ann jobs after your extension is usable

[CULLINAN]

Thank you Zimba and marcnath for your valuable replies.

Assuming I apply on 1st january 2019.
I can only use employment from 1st jan 2018 till 31st dec 2018. (1 year)
Along with that I would need another employee. Can i still create two partime 6 months jobs as i am pre-2014 to qualify for 1 fulltime?

Currently I have 1 full time employee.

That means I cant use any job creation between (dec 2016 - dec 2017) that time still is wasted? As i applied in dec 16.

is that correct?

Thanks

[marcnath]

Assuming I apply on 1st january 2019.
I can only use employment from 1st jan 2018 till 31st dec 2018. (1 year)

Correct

Along with that I would need another employee. Can i still create two partime 6 months jobs as i am pre-2014 to qualify for 1 fulltime?

Currently I have 1 full time employee.

2 partime jobs for 6 months is only 1 TT for 6 months. You will need another FT for 6 months to make up the total of 2 FT employee equivalent.

That means I cant use any job creation between (dec 2016 - dec 2017) that time still is wasted? As i applied in dec 16.

If the only intention of having employees is for your visa qualification, then yes - it is wasted. If your business does not need the employee why have you kept hem/her employed ?

[CULLINAN]

Assuming I apply on 1st january 2019.
I can only use employment from 1st jan 2018 till 31st dec 2018. (1 year)

Correct

Along with that I would need another employee. Can i still create two partime 6 months jobs as i am pre-2014 to qualify for 1 fulltime?

Currently I have 1 full time employee.

2 partime jobs for 6 months is only 1 TT for 6 months. You will need another FT for 6 months to make up the total of 2 FT employee equivalent.

That means I cant use any job creation between (dec 2016 - dec 2017) that time still is wasted? As i applied in dec 16.

If the only intention of having employees is for your visa qualification, then yes - it is wasted. If your business does not need the employee why have you kept hem/her employed ?

Thank you for your reply. I had two employees before but due to the 15 months wait I have incurred huge business losses. I have not been able to expand my business as a lot of decisions are at a pause due to the uncertainty. Hence why I was considering how to fulfil my job requirement with just 1 FT employee. That was the cause of that question.

Thank you for your reply once again

[marcnath]

Thank you for your reply. I had two employees before but due to the 15 months wait I have incurred huge business losses. I have not been able to expand my business as a lot of decisions are at a pause due to the uncertainty. Hence why I was considering how to fulfil my job requirement with just 1 FT employee. That was the cause of that question.

Thank you for your reply once again

Appreciate the situation.

But you do need 2 FT employees. You can wait for the extension to come through and the conditions hopefully allow you to do the hire again.

Just means you can't apply for ILR in Jan 2019 but may have to wait at least a year after extension.

Note that if you are applying for ILR after April 2019, you need two separate jobs of 12 months each - i.e. there is no transitional arrangements

[CULLINAN]

Thank you for your reply. I had two employees before but due to the 15 months wait I have incurred huge business losses. I have not been able to expand my business as a lot of decisions are at a pause due to the uncertainty. Hence why I was considering how to fulfil my job requirement with just 1 FT employee. That was the cause of that question.

Thank you for your reply once again

Appreciate the situation.

But you do need 2 FT employees. You can wait for the extension to come through and the conditions hopefully allow you to do the hire again.

Just means you can't apply for ILR in Jan 2019 but may have to wait at least a year after extension.

Note that if you are applying for ILR after April 2019, you need two separate jobs of 12 months each - i.e. there is no transitional arrangements

Thank you marcnath for your valuable response. Appreciate the information.

For now I have one full time employee that I can claim points for 1 year from 1st jan 18 - 31st dec 2018.

If my extension is approved and I am able to create two part time jobs for 6 months will i qualify for another full time (combining them)? As I am pre april 2014? Lets say even if I am able to create two part time jobs from 1st July 2018 - 31st dec 2018.

In that case I would be able to qualify for ILR on time??

Thank you once again

[marcnath]

Isn't this exactly the same question you asked and I answered earlier ? Did you miss that ?
Let me try to answer again.

For now I have one full time employee that I can claim points for 1 year from 1st jan 18 - 31st dec 2018.

Good, that would be ONE FT equivalent job of the required TWO FT equivalent.

If my extension is approved and I am able to create two part time jobs for 6 months will i qualify for another full time (combining them)? As I am pre april 2014? Lets say even if I am able to create two part time jobs from 1st July 2018 - 31st dec 2018.

2 PT jobs for 6 month = ONE FT equivalent for 6 months.
The job creation requirement is TWO FT equivalent jobs of 12 months each.
So, you would still be short of 1 FT equivalent for 6 months

[CULLINAN]

Isn't this exactly the same question you asked and I answered earlier ? Did you miss that ?
Let me try to answer again.

For now I have one full time employee that I can claim points for 1 year from 1st jan 18 - 31st dec 2018.

Good, that would be ONE FT equivalent job of the required TWO FT equivalent.

If my extension is approved and I am able to create two part time jobs for 6 months will i qualify for another full time (combining them)? As I am pre april 2014? Lets say even if I am able to create two part time jobs from 1st July 2018 - 31st dec 2018.

2 PT jobs for 6 month = ONE FT equivalent for 6 months.
The job creation requirement is TWO FT equivalent jobs of 12 months each.
So, you would still be short of 1 FT equivalent for 6 months

Thank you very much. It is all clear now. I hope I get my extension soon!!

[CULLINAN]

Isn't this exactly the same question you asked and I answered earlier ? Did you miss that ?
Let me try to answer again.

For now I have one full time employee that I can claim points for 1 year from 1st jan 18 - 31st dec 2018.

Good, that would be ONE FT equivalent job of the required TWO FT equivalent.

If my extension is approved and I am able to create two part time jobs for 6 months will i qualify for another full time (combining them)? As I am pre april 2014? Lets say even if I am able to create two part time jobs from 1st July 2018 - 31st dec 2018.

2 PT jobs for 6 month = ONE FT equivalent for 6 months.
The job creation requirement is TWO FT equivalent jobs of 12 months each.
So, you would still be short of 1 FT equivalent for 6 months

@marcnath
I am sorry if I am asking a similar question again but just want to double check please can you confirm:
I got extension approved April 2018
My ILR is due Dec 2018
If I apply extension on 3rd Jan 2019
Initial visa granted Jan 2014

Employee A FT: 1st Jan 2018 - 31st Dec 2018 (existing) (12 months)
Employee B FT: 1st May 2018 - 31st Dec 2018 (8 months)
Employee C FT: 1st Sep 2018 - 31st Dec 2018 (4 months)
Employee D FT: 1st Sep 2018 - 31st Dec 2018 ( 4 months)

Question: If my business expands/allows and I can create the above mentioned jobs, do i qualify for the 24 months job creation for ILR. Can i combine employee B,C,D for 1FT in the above order. Please confirm.
Many thanks