What next after JR?

[joyce101]

Good morning house,

I was refused my tier one extention application and i went through the process of AR, PAP and then JR.
I'm still awaiting the decision of the JR but my solicitor has advised me to start preparing for a new application incase the JR dose not succeed.
The reason for not doing the new application right away was because I didn't have the maintenance funds for 90days, so he advised that I do JR to buy time to get 90 days and then i will be eligible to make new application.
But my question is that will this be considered a valid application since I have already gone through the JR route? Or is the JR considered the final option and no other way forward?

[CR001]

Judicial Review does not give you Section 3C protection under the immigration rules. It is a process outside of the immigration one. Jr also does not "buy you time" to remain legally in the UK while you fix an error.

Your section 3c ended after AR refusal and you have been an overstayer since then.

Why was the application and AR refused??

What are the refusal dates for both extension and AR?

What were your grounds for JR?

[joyce101]

Application was refused because my accountant did not write my personal name as been the investor in my business while he was preparing the annual accounts. Therefore I wasn't awarded the 20 points for investment. Everyother points were awarded.
My account only just refered to me as "creditor"
The AR was based on the fact that they should have appreciated that I am the said creditor since I am sole director of my business and also the said investment money was transfered from my personal bank account to my business bank account in the form of directors loan.
The directors loan agreement was submitted at the time of the application and that ofcourse showed my name. Also, my personal bank account and business bank account statements were also submitted.
The AR was still refused and we had no choice but to proceed with JR.

[CR001]

What are the refusal dates for both extension and AR?

What were your grounds for JR?

[joyce101]

Extension Application was 21/10/2017
Refusal was 14/11/2018
AR refusal was 25/01/19

The grounds for JR was that case worker should have asked under evidential flexibility for us to provide another companies annual account in the format that they want it rather than just denying the application outright. (although HO specified name should be on the annual account, technically the document is still valid but just not in the format they want).
The AR was put in time within the 14 days period.
In the AR we advised that subsequent to their refusal, my accountant have now ammended the document and also updated it with companies house. And if they want, we can provided it or they can even check it themselves with companies house.
However, they still upheld their decision saying that it would be new evidence and is not acceptable during AR stage.

[marcnath]

Extension Application was 21/10/2017
Refusal was 14/11/2018
AR refusal was 25/01/19

The grounds for JR was that case worker should have asked under evidential flexibility for us to provide another companies annual account in the format that they want it rather than just denying the application outright. (although HO specified name should be on the annual account, technically the document is still valid but just not in the format they want).
The AR was put in time within the 14 days period.
In the AR we advised that subsequent to their refusal, my accountant have now ammended the document and also updated it with companies house. And if they want, we can provided it or they can even check it themselves with companies house.
However, they still upheld their decision saying that it would be new evidence and is not acceptable during AR stage.

You are way past the dates for submitting a fresh application - it will be refused outright. Not because of your JR but because you are way more than 14 days after AR refusal.

I am not sure what the basis for the advice of your solicitor is. JR does not help you get more time for the second application.

[joyce101]

Yes, that seems to be the case. But do you think I have good grounds on the JR? Can the judge overturn the decision because case worker did not apply evidential flexibility during the considering stage?
I really feel this is unfair because my accountant made an error by not writing my name as the investor in the annual accounts, even though other documents like the directors loan aggrement has my names and points to the fact that I am the investor.
This was something that would have only taken a minute to rectify and I would have sent an ammended annual account to them should they have asked for it during the consideration stage.

[marcnath]

Yes, that seems to be the case. But do you think I have good grounds on the JR? Can the judge overturn the decision because case worker did not apply evidential flexibility during the considering stage?
I really feel this is unfair because my accountant made an error by not writing my name as the investor in the annual accounts, even though other documents like the directors loan aggrement has my names and points to the fact that I am the investor.
This was something that would have only taken a minute to rectify and I would have sent an ammended annual account to them should they have asked for it during the consideration stage.

It is difficult to say - the rules and guidance are very clear on the requirement to have your name in the accounts.
I appreciate that you feel it is unfair. However, it is not. As the applicant, the application is your responsibility. Unless you specifically asked the accountant to include your name, they did not have to. The accounting standards do not require it and it is unfair to expect the accountant to know immigration requirements.
If you have argued evidential flexibility in JR, I think it has its merits but I haven't come across any case here where it has happened. That is not to say it hasn't happened.