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ukvisasolutions
ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 63
Experience:  Immigration Solicitor
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I have applied Review on 12th April 2016 as my application

Resolved Question:

I have applied for Judicial Review on 12th April 2016 as my application Tier 1 (Entrepreneur) Visa was refused on 18th January 2016 and I was not given the right of appeal from the Home Office. However, I am still waiting for the decision from the judge for the above matter - In the meantime, Home Office has sent me a Reporting Restriction Letter where I have to sign in fortnightly. I don't understand as to why I received the Reporting Restriction in the first place and how did I become an overstayer when my Judicial Review appeal is still pending? What is my standing now in-between the Judicial Review and Reporting Restriction? Am I still eligible to give a fresh/new application (different category after all this?
Thanks!
Submitted: 9 months ago.
Category: Law
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
Hi Nicola, I am okay to wait for an answer. But sooner would be better. Thanks again!
S
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 9 months ago.
Thank you Nicola.
Awaiting response.
S
Expert:  Nicola-mod replied 9 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 9 months ago.
Hi Nicole!
I'll wait a bit more as I need an answer by end of this week if possible as my initial reporting is next week. Thank you again!
S
Expert:  ukvisasolutions replied 9 months ago.

Thank you for your query. I am sorry to hear of the situation you are now in.

Unfortunately, any application for permission to apply for Judicial Review does not extend your leave to remain lawfully and hence you are liable to report to the Home Office. So you are an overstayer from when you received your last Admin Review decision. While your application for permission to apply for Judicial Review is pending, you should not be detained but must continue to report to the Home Office.

If you succeed in your Judicial Review application, this means that your refusal letter is quashed, and the Home Office has to reconsider your case. It is then arguable that you do not become an overstayer and then can submit a new application while the Home Office makes a new decision, known as a variation application, or wait for a new decision from the Home Office. If the new decision is positive then good, if not, then you may be able to another Admin Review or submit a new application within 28 days from the date of refusal decision.
As per Just Answer Expert policy, I am only able to give a generic advice.
Please kindly rate my answer.

Regards

ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 63
Experience: Immigration Solicitor
ukvisasolutions and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Dear UKvisasolutions,
Thank you for answering my query. I'll then wait till the Judicial Review Decision completes. Fingers crossed! However, can my dependent still carry on work with the situation that we are in? As we are not allowed to access public funds while we wait for the outcome. Thanks again!
Kind Regards,
S

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