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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 I have withdrawn the appeal last Friday and made a fresh application for indefinite leave to remain in the UK as I know that I have 28 days to submit a fresh application after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: 10 months ago.
Category: UK Immigration Law
Expert:  Howard replied 10 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 10 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 10 months ago.
Relist: Incomplete answer.
Expert:  Howard replied 10 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 other UK Immigration Law Specialists are ready to help you
Customer: replied 10 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 10 months ago.
You should not leave the UK. Residency is not broken only if you have a valid visa when you leave the UK and then you re-enter the UK with a valid visa within 6 months. If you leave after refusal then you will not have a valid visa when you leave the UK. This should be irrelevant anyway as qualifying while waiting for an appeal should not be a valid reason for refusal and, as I mentioned, it is not a situation that is new to the Home Office.
Customer: replied 10 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 10 months ago.
You would need to pursue other available options and it would be best to discuss these with someone who knows your case - get legal representation.

You would usually have up to 28 days to submit a new application after receiving a refusal and you are not an overstayer if you have done this. If ILR gets refused then you will consider whether you pursue a different application or an appeal, which will of course depend in your personal circumstances and the reason for refusal.

Again, withdrawing an appeal and applying for Long Residence due to reaching 10 years during the process is very far from unusual and should not be a reason for refusal.

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