Urgent refusal

[1bradymate]

I understand that but if we win JR

[1bradymate]

And I think if we resign as Director as we are overstayer how can we apply fresh application

[Faheemryk]

And I think if we resign as Director as we are overstayer how can we apply fresh application

you dont need to resign from directorship even if you are overstayer. I am in the same boat like you. Even my fresh application has been refused. Still I am going for admin review. My fresh application was refused last week.

[Faheemryk]

you can make fresh application within 14 days of AR refusal. If I were you, I'd have gone for fresh application. you have a chance in fresh application though if you you meet all points

[marcnath]

Hi
Macgrath sad day for us today our AR got rejected and gave us silly reason not even replied properly now situation is my parter is going for long residency category plus JR and I am planning to apply for JR only I do not want to apply for fresh application as its refused on genuineness so can not make any difference my question is if during JR process my partner get visa what will happen to me

Sorry to hear that. Did both of you get the refusal ?

It is always better to make a fresh application along with JR or wait for the result of the fresh application and then go for JR. But it is something you should decide in discussion with a qualified immigration lawyer.

You can address some of the initial points in a fresh application in the accounts. You can also make sure you know the details correctly to avoid the discrepancy in answers between you and your partner.

[1bradymate]

Hi macgrath thanx for info one more question if my partner doesn’t want to apply extention as he is applying for ilr on 10 year. How I can show 50 k investment and if he resign and take his 25k from company do I need to add 25000
And if I add 25000 will they consider as its after first rejection . And can I continue to provide services to clients as I m overstayer how can I work please clear my points.

[marcnath]

Hi macgrath thanx for info one more question if my partner doesn’t want to apply extention as he is applying for ilr on 10 year. How I can show 50 k investment and if he resign and take his 25k from company do I need to add 25000
And if I add 25000 will they consider as its after first rejection . And can I continue to provide services to clients as I m overstayer how can I work please clear my points.

Ideally, you partner will remain as Director at least until your visa is finally decided. There is a rule that requires equal control over the company and funds but it is unclear if that is needed at the time of investment or all the time. So, it is safer that he remains a Director even after he gets his ILR.

As long as he does not withdraw the money, there should be no need for you to top up.

You cannot be on the payroll but otherwise the rest of the business activities can go on. It is your company that is doing the business and the Company is not an overstayer.

[1bradymate]

Thanx macgrath but I want to know that can he resign an I top up 25k as he is not interested to continue and I am also happy to continue alone as there will be less confusion in interevuew if they take again

[marcnath]

Thanx macgrath but I want to know that can he resign an I top up 25k as he is not interested to continue and I am also happy to continue alone as there will be less confusion in interevuew if they take again

My reading of the rules is that, even if he leaves and takes the money, it should not matter.

But as I said, the rules are not absolutely clear about that. So, there is some room for interpretation that it is necessary.

Topping back the 25K will help but obviously, you will be doing it after the refusal, so HO may disregard any investment made now.

He does not need to be active in the business. You can even have an agreement where you will take it over once your visa is decided but he remains as a shareholder and Director until then - that will meet the condition.

In a new application, it is unlikely he will be interviewed again, especially if he is not active in the business.

[1bradymate]

Hi

McGrath my Ar is refused and I have applied for JR and my partner applied for ILR my question is if my partner resign as Director will that affect my JR I m not applying fresh application. And one more thing in case I apply fresh application my 10 year finishing jan 2020 but I can apply 28 days before so Dec 2019 if they take long time again can I vary for long residency.

[marcnath]

Hi

McGrath my Ar is refused and I have applied for JR and my partner applied for ILR my question is if my partner resign as Director will that affect my JR I m not applying fresh application. And one more thing in case I apply fresh application my 10 year finishing jan 2020 but I can apply 28 days before so Dec 2019 if they take long time again can I vary for long residency.

JR has nothing to do with immigration so I can't see what the status of your team member would have to do with JR.
You are now an overstayer. If you don't file a new application in 14 days, any new application will be rejected - that includes a 10 year LR in 2019. You would not have a lawful stay

[1bradymate]

Hi macgrath thanx

If my JR successful and they issue me a visa than can I apply long residency next year or not

[marcnath]

Hi macgrath thanx

If my JR successful and they issue me a visa than can I apply long residency next year or not

Yes, you should be able to

[1bradymate]

I Would like to update on my case. I applied for JR after AR refused and my partner applied ilr on 10 years. Now they sent me consent order saying they will reconsider with in one month I accepted their offer and waiting now my question is what will happen if they approve as my partner had not applied JR.

[marcnath]

I Would like to update on my case. I applied for JR after AR refused and my partner applied ilr on 10 years. Now they sent me consent order saying they will reconsider with in one month I accepted their offer and waiting now my question is what will happen if they approve as my partner had not applied JR.

Your application is independent, as has been advised before. So what does it matter if your team member has applied for JR or not ?

[1bradymate]

Hi

It’s been one month since I accepted consent order they told me they will reconsider within one month what action can I take I am so fed up with this home office feel like protesting outside Sheffield office lost wife’s young brother partners mother few business contracts don’t understand what to do waiting since January 2017 almost two years

[1bradymate]

Hi macgrath

Just want to let you know home office reconsider my case after accepting consent order from court and they refused me on same grounds as I’d know my case they refused me and my partner together but they forgot to write reasons in my refusal but still we assumed same as my partner and did AR they refused AR and we went JR but they told us to withdraw we withdrew one month ago but today received refusal again with same copy paste and gave us admin review options what can we do now it’s been 2 years. Please help

[Vechnii]

That sounds ridiculous really.I’m going through the process of JR as well and I’m also worried if they decide to reconcider and than refuse on the same basis.How to challenge them than on those basis because it’s absolute nonsense.

[marcnath]

Hi macgrath

Just want to let you know home office reconsider my case after accepting consent order from court and they refused me on same grounds as I’d know my case they refused me and my partner together but they forgot to write reasons in my refusal but still we assumed same as my partner and did AR they refused AR and we went JR but they told us to withdraw we withdrew one month ago but today received refusal again with same copy paste and gave us admin review options what can we do now it’s been 2 years. Please help

Unfortunately, there is nothing I can suggest here. Your only option is to take up the AR option and if still unsuccessful (which is quite likely), go for JR. But there is a good chance that will be unsuccessful also.
I don't know if you have any grounds for FLR(FP) - e.g. kids born in uk/lived here for 7 years or more.
Discuss your options with your solicitor.

Has your partner got his ILR ?

[1bradymate]

HI macgrath

Thanx for reply my partner still waiting received complex letter so said minimum 6 month

[1bradymate]

Hi macgrath

Please help after refusal we are thinking to just apply AR for the my self and not for the wife and kid. Just want to ask how my wife can go back as her passport with home office and it’s expired should buy tickets first or let home office know.

Regards

[marcnath]

Hi macgrath

Please help after refusal we are thinking to just apply AR for the my self and not for the wife and kid. Just want to ask how my wife can go back as her passport with home office and it’s expired should buy tickets first or let home office know.

Regards

You can inform HO that they are leaving the country. I understand they normally handover the passport at the airport, which is not going to be very helpful if it is expired.
Not sure how it works. Contact your embassy, they may be able to issue a one time travel certificate that allows your family to go back home without a passport and apply for a new passport at your home country. Then get the tickets and inform HO.

[1bradymate]

Hi
Macgrath just want to ask as you know after reconsidering my case they refused again so just want to know can I apply now tier 2 within this 14 days or not. As I applied JR as overstayer.

[1bradymate]

Zumba macgrath please help

[marcnath]

Hi
Macgrath just want to ask as you know after reconsidering my case they refused again so just want to know can I apply now tier 2 within this 14 days or not. As I applied JR as overstayer.

Yes, you can apply for Tier 2 within 14 days