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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, I was refused for application of Tier 1 Entrepreneur Visa

Customer Question

Hi, I was refused for application of Tier 1 Entrepreneur Visa on June 2013 and I lodged an appeal against the decision. While my appeal was pending, I completed 10 years long residence in the UK on the 11th of September, this year. I have withdrawn the appeal last Friday and made a fresh application for indefinite leave to remain in the UK as I know that I have 28 days to submit a fresh application after withdrawal of my appeal. I want to know if I have done the right thing and will my visa be refused because of withdrawal of my appeal. I do not have any criminal or civil conviction , I have never overstayed , I have never been out of the country for more than 3 months at a time or more than 6 months in last 10 years. As there is no right of appeal in this category, I am a bit worried on what ground my visa can be refused. One solicitor said, even if they refuse, appeal right can be requested from the court, is it true?
Many Thanks
Deb
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Howard replied 9 months ago.
You have done the right thing and your application for Long Residence should be considered. This is far from unusual due to the time that the Home Office take to decide applications and to progress the appeals process.

If you are refused then there will be other options but these will depend on the situation. The best thing to do is ensure that the application is evidenced fully and correctly so that it does not get refused.

Good luck!
Customer: replied 9 months ago.

Hi,


Thank you for your quick response. Sorry, I did not understand some part of your answer. If you can explain //This is far from unusual due to the time that the Home Office take to decide applications and to progress the appeals process.// please.


Regards


Deb

Customer: replied 9 months ago.
Relist: Incomplete answer.
Expert:  Howard replied 9 months ago.
My answer was not incomplete - I had answered your question.

I simply meant that it is not unusual to qualify for Long Residence while waiting for the Home Office to decide an application or progress an appeal. In other words what you are doing is far from unusual.

Please to positively rate the service that has been provided to you.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

Hi


Thank you for your answer. Finally, I would like to ask you that if they refuse me and I go back to my country and come back in a different visa category within a month or so, will I still be able to apply for the indefinite leave to remain category on 10 years long residence ?


Regards

Expert:  Howard replied 9 months ago.
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Customer: replied 9 months ago.

Hi


Thank you for your king answers. I would like to ask how I would be able to stay if my visa for the indefinite leave to remain is refused as you said I should not leave the UK. I can see you said earlier that there are other options but will I not become more than 28 days over stayer if the visa gets refused ?


Answer is good

Expert:  Howard replied 9 months ago.
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