Dependant to tier 1 extension

[Shirdisai007]

Hi
Am on tier 1 entrepreneur visa in Uk and just got extension but my major son ( pbs dependent ) was not granted and AR too wasn’t successful
Am planning to re apply again for him but wanted to ask whether PRE ACTION PROTOCAL is also advisable at this stage or not
Pl guide
Regards
Gk

[CR001]

How old is he?

What was the reason for the visa and AR refusal?

[Shirdisai007]

Dear sir
Can you pl guide ———
My elder son did not get the extension as we did not give substantive documents to prove he is a dependant on me ( tier 1 entrepreneur )
His AR too was overturned
We have re applied now as a fresh case with all documents within the 14 days deadline
Is applying for a PRE ACTION PROTOCOL ADVISABLE at this stage .
Pl guide
Regards
Gm

[vinny]

Posts merged.

[Shirdisai007]

Pl guide if AR OVERTURNED is it advisable to go in for PAP ( pre action protocol ) along with fresh application of dependant
Was refused due to non inclusion of dependency documents
Pl guide asap
Regards
Monika

[Shirdisai007]

How old is he?

What was the reason for the visa and AR refusal?

Hi CROO1 ,
He is 21 years of age now and refusal reasons were non inclusion of appropriate documents to prove that he is dependant on me ( pbs migrant )
Have re applied fresh but was wondering if A pap could be filed as well
Rest as per your advice
Regards
Gk

[CR001]

You can file PAP as well, it is a separate process to a new application. Not sure how successful you will be as you failed to submit what was required.

[Shirdisai007]

Thanks a lot for your prompt response and valuable guidance
PAP as I understand can be filed within 90 days of refusal so am thinking of letting the fresh application some time and then apply for PAP before the time lapses
Is the outcome of the PAP solely dependant on the l
Documents we submitted or they have an over riding jurisdiction as well and consider new documents as well
Pap is a costly affair so wanted to be sure .
In anticipation and thanks in advance
Regards
Gk

[marcnath]

Thanks a lot for your prompt response and valuable guidance
PAP as I understand can be filed within 90 days of refusal so am thinking of letting the fresh application some time and then apply for PAP before the time lapses
Is the outcome of the PAP solely dependant on the l
Documents we submitted or they have an over riding jurisdiction as well and consider new documents as well
Pap is a costly affair so wanted to be sure .
In anticipation and thanks in advance
Regards
Gk

PAP is part of the JR process and just informs HO of your intention to go for JR. I am not sure about timings - get proper legal advice on that.
If HO feels they have a week case, they may offer to reconsider the case rather than go to court.
JR (and hence PAP) only challenges the HOs application of the law. As CR001 pointed out, I can't see what mistake HO has made here - they have evaluated the application correctly as per the law. So they may just be happy for you to take it to court and seek their legal costs also if you are unsuccessful.
In JR and PAP, the court does not consider your application at all. If you are successful with your JR (the court agrees that a mistake has been made in the decision) the application would just be sent back to HO for reconsideration who will have to evaluate the application again with the courts decision also considered.

[Shirdisai007]

Thanks a lot for your valuable guidance

[Shirdisai007]

Hi ,
Wanted to inform n thank all for your guidance here . My son got the extension yesterday
Regards n cheers

[Shirdisai007]

S
Dear sir :
My timeline pl ———
1TIER 1 Entrepreneur visa granted on 12/2014
2- extension granted in 8/2018 upto 8/2020
My query is would I be able to apply for ILR OR 2nd extension as I have not been able to stay for more than 180 days in the first year 2014-15
Pl guide what happens next
Regards
Gk

[marcnath]

S
Dear sir :
My timeline pl ———
1TIER 1 Entrepreneur visa granted on 12/2014
2- extension granted in 8/2018 upto 8/2020
My query is would I be able to apply for ILR OR 2nd extension as I have not been able to stay for more than 180 days in the first year 2014-15
Pl guide what happens next
Regards
Gk

Not sure what the question is. You can apply for ILR in Aug 2020 if you meet the 180 day criteria from 08/2015. If not, you can apply for a second extension then.