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Urgent 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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WA180
Newly Registered
Posts: 3
Joined: Wed Feb 22, 2017 4:43 pm

Urgent Help

Post by WA180 » Wed Feb 22, 2017 5:11 pm

Hi,Guys I need your valuable suggestions please tell me as I am bite confused,

Story.

I had applied for teir 1 Entrepreneur (PSW) (50K) 1st time they refused due to some interview mistakes and then I had applied 2nd time and then they again refused and said that few documents (e.g. Filing History, Current Appointment Report) are not provided, infect I had provided all documents and download from HMRC & Companies house websites (filing history CH,AP,AD & AR from the website) but they refused and gave me a chance for Admin Review, when I applied for Admin review then I gave them explanation in grounds that I had provided the required documents and also I had attached the fresh copies of required documents on the time of Admin Review which shows that I'm a genuine Entrepreneur and running successfully business, but again they refused the admin reviews and said that we had checked the file very closely and documents are missing. Now I think have a chance to go for Pre action protocol and then judicial Review.

point. HO refused based on Only 1 documents which they said is missing and refused me which I think is not fair. HO can easily check online but they did not bother.

Question.
1.What should I do? I mean do I apply for Pre Action Protocol & JR or something else?
2.Can I apply fresh application 3rd time especially in this category Tier 1 PSW 50K Rout?
3. If I apply fresh application then will my 3C leave to remain effect or not?

Thanks for reading and your valuable suggestion in advance.
look forward to your replies.

samaygrg
Senior Member
Posts: 607
Joined: Sun Jun 10, 2012 12:12 am
Location: United Kingdom

Re: Urgent Help

Post by samaygrg » Wed Feb 22, 2017 5:51 pm

Sorry to learn this. Hardly see probabilities of good outcome in the JR, you better have a word with good solicitor as you seem to miss the important document as asked in the guidance. I think you can make fresh application to any eligible category within 14 days of decision date.

But fresh application in the same category T1E PSW 50K ??
Please read the T1E guidance well and see Table A1 page 13
https://www.gov.uk/government/uploads/s ... 1_2016.pdf

and your 3C period ends when AR decision is made.

Anyways, please wait till gurus and seniors comments...

WA180
Newly Registered
Posts: 3
Joined: Wed Feb 22, 2017 4:43 pm

Re: Urgent Help

Post by WA180 » Wed Feb 22, 2017 6:09 pm

samaygrg wrote:Sorry to learn this. Hardly see probabilities of good outcome in the JR, you better have a word with good solicitor as you seem to miss the important document as asked in the guidance. I think you can make fresh application to any eligible category within 14 days of decision date.

But fresh application in the same category T1E PSW 50K ??
Please read the T1E guidance well and see Table A1 page 13
https://www.gov.uk/government/uploads/s ... 1_2016.pdf

and your 3C period ends when AR decision is made.

Anyways, please wait till gurus and seniors comments...
Obviously I will put application in the same category T1 PSW 50K. :)

suvalike
Member of Standing
Posts: 255
Joined: Sun Nov 04, 2012 9:07 pm

Re: Urgent Help

Post by suvalike » Wed Feb 22, 2017 6:23 pm

When you applied for the second time , what fresh documents did you send ?

Did you go for AR after first first time rejection ?

WA180
Newly Registered
Posts: 3
Joined: Wed Feb 22, 2017 4:43 pm

Re: Urgent Help

Post by WA180 » Wed Feb 22, 2017 6:56 pm

suvalike wrote:When you applied for the second time , what fresh documents did you send ?

Did you go for AR after first first time rejection ?
I had applied First and Upper Tribunal in 1st attempt
2nd time when I had applied on 10th Nov 2016 and refused on 06th Jan 17 and then I applied for AR on 23 Jan and they refused on 21 Feb 17, Now I can go for Pre action Protocol & JR or I can go for fresh application in same category.

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zimba
Moderator
Posts: 21938
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Urgent Help

Post by zimba » Thu Feb 23, 2017 12:01 am

1.What should I do? I mean do I apply for Pre Action Protocol & JR or something else?
If you have failed to send a required document, then you have no case in JR. HO does not check stuff online because the information is available online. You MUST send the required documents they asked at all times.
JR court reviewers if the HO decision was illegal which in your scenario does not seem to be the case.
2.Can I apply fresh application 3rd time especially in this category Tier 1 PSW 50K Rout?
You have been a overstayer over 14 days. You cannot apply for a fresh application as that will be automatically refused
3. If I apply fresh application then will my 3C leave to remain effect or not?
You are an overstayer by all measures, you have no section 3C since the time your first AR/Appeal was refusal.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rad2017
Newly Registered
Posts: 10
Joined: Mon Feb 27, 2017 12:27 pm

Re: Urgent Help

Post by rad2017 » Tue Apr 11, 2017 11:17 am

If any applicant says'' I have provided this/that documents'' and HO says they have not received it. Whats the solution here?

Meesha
Senior Member
Posts: 504
Joined: Thu Dec 26, 2013 12:51 am

Re: Urgent Help

Post by Meesha » Tue Apr 11, 2017 9:41 pm

You already are overstayer.
You cant apply third time.
Did'nt you have record of all the documents you sent? Like scanned copies/emails

suvalike
Member of Standing
Posts: 255
Joined: Sun Nov 04, 2012 9:07 pm

Re: Urgent Help

Post by suvalike » Wed Apr 12, 2017 8:10 pm

WA180 wrote:Hi,Guys I need your valuable suggestions please tell me as I am bite confused,

Story.

I had applied for teir 1 Entrepreneur (PSW) (50K) 1st time they refused due to some interview mistakes and then I had applied 2nd time and then they again refused and said that few documents (e.g. Filing History, Current Appointment Report) are not provided, infect I had provided all documents and download from HMRC & Companies house websites (filing history CH,AP,AD & AR from the website) but they refused and gave me a chance for Admin Review, when I applied for Admin review then I gave them explanation in grounds that I had provided the required documents and also I had attached the fresh copies of required documents on the time of Admin Review which shows that I'm a genuine Entrepreneur and running successfully business, but again they refused the admin reviews and said that we had checked the file very closely and documents are missing. Now I think have a chance to go for Pre action protocol and then judicial Review.

point. HO refused based on Only 1 documents which they said is missing and refused me which I think is not fair. HO can easily check online but they did not bother.

Question.
1.What should I do? I mean do I apply for Pre Action Protocol & JR or something else?
2.Can I apply fresh application 3rd time especially in this category Tier 1 PSW 50K Rout?
3. If I apply fresh application then will my 3C leave to remain effect or not?

Thanks for reading and your valuable suggestion in advance.
look forward to your replies.
So what did you decide to do then ?

Aiman
Newly Registered
Posts: 1
Joined: Sun Jun 10, 2018 1:09 pm
Pakistan

Re: Urgent Help

Post by Aiman » Sun Jun 10, 2018 5:11 pm

Heo I just want to know that I am dependent and Main applican is going to apply for accelerated route ILR I just want to confirm can dependents can also apply for ILE after 3 years??

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zimba
Moderator
Posts: 21938
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Urgent Help

Post by zimba » Sun Jun 10, 2018 5:54 pm

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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