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Appeal allowed but HO appeal against the decison.

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Re: Appeal allowed but HO appeal against the decison.

Post by sad.1 » Thu Aug 07, 2014 12:47 pm

hi yes i have the same obligation and this obligation was cleared in a really professional way.
if you have a good barrister he would be able to debate on it. i can give u a little idea about it.
first of all i applied in aug 2012. thats time the rules and forms was not up to dated as per new rules now.
so it self in the application form it shows when they ask u what documents you would required if you r relying on 3rd party
sponsor there is an option which says if you are relying on 3rd party you would required to provide only 2 documents which are
legal representative letter and the declaration. this is what my barrister showed the judge. and judge was convinced.
but i will say to you its all about luck even tho some of the cases were not handled in a good way in the court so
make sure you tell this to your barrister that go through from the application form and see that option which i have mentioned above.please sit down with him or if you got a copy ready your own case as well.
hope this helps.

I will be extremely indebted and grateful
To you if you can kindly call me on Private. I will only take 5 minutes of your time. My refusal was on the basis Of my name not being on my fathers Dubai Bank letter and now I am appealing as it's not the banks policy. I believe your one of the refusal reasons was similar. Therefore I
Will be ever grateful if you just text or miscall me and I will call straight away.

Many Thanks bro[/quote]

rizwo
Newbie
Posts: 39
Joined: Sat Apr 25, 2009 1:10 am

Re: Appeal allowed but HO appeal against the decison.

Post by rizwo » Thu Aug 07, 2014 3:17 pm

My brother History is as under:

Apply with his friend in feb 2013, each have £25000 in their accounts and all relevant company documents are completed.
HO rejected as usual after 8 months. Objection on statement dates and some foolish points that both of them do not have 50000 in one date before application. Appealed against this decision and won the appeal. Judge allowed the appeal on Immigration grounds. Under the new trend HO applied in UT after 8 days. On 30/07/2014 HO is refused by the UT Judge for the permission of appeal. He states that "Neither the grounds nor the determination disclose any arguable error of Law".

Today i rang Tribunal and i am very surprised to hear that HO again appeal against the decision of UT judge for the permission of appeal.

Can any one help or any one have the same circumstances?

HAC9
Newly Registered
Posts: 14
Joined: Mon Mar 24, 2014 10:05 pm

Re: Appeal allowed but HO appeal against the decison.

Post by HAC9 » Tue Aug 19, 2014 11:29 pm

Hi sad

Hope you are doing well. I am in the same position that my case was refused by HomeOffice on the fact that my fathers bank letter didnt have my name. Now i will be ever so grateful if you can kindly email me your Judges courts determination decision that you appeal was allowed. If you kindly do that it will help me so much so that i cannot express my gratitude to you. My email is h_999_me@hotmail.com

If you want to miscall or text me on Private i will be glad to call you. I am looking forward to your assistance and i pray for your well health.

Take Care
Humayun

cyber_warez
Junior Member
Posts: 50
Joined: Fri Jun 04, 2010 11:33 am

Re: Appeal allowed but HO appeal against the decison.

Post by cyber_warez » Fri Aug 22, 2014 6:30 pm

Dear friends,

It's very good news that i got mine visa. After 5 yrs long separation from mine family, everyday i used to miss mine dad, mum and brothers. Now almost all my stress were gone.. i am feeling so happy!

I had few question about mine visa? Let me explain about mine case. I am from Nepal, mine dad served in British Army & he is residing in the UK since 2009 holding visa type: Visa settlement-AF. I applied for my ILE as his dependent over 18 but it was refused and after long process of appeal i won mine appeal case. I was granted this type of visa “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:” I am so confused in visa type" VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:" What does it meant???

Q: Is there any friend who can clearly explain about this type of visa " VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:"???

Same as mine case, many of my friend got their visa type like “Visa Settlement to join parent". Why mine visa type is changed, I and my friend’s cases are same. We all children are over 18 and would like to join family in the UK.

This is my visa detail:

Type: “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:”
Observ : “Indefinite leave to enter the UK”
Number of dependent: 0
Valid until: 10 yrs

attahaas
Member
Posts: 236
Joined: Tue Jul 01, 2014 3:33 am
Location: LONDON, UK
India

Re: Appeal allowed but HO appeal against the decison.

Post by attahaas » Sun Aug 24, 2014 5:32 am

cyber_warez wrote:Dear friends,

It's very good news that i got mine visa. After 5 yrs long separation from mine family, everyday i used to miss mine dad, mum and brothers. Now almost all my stress were gone.. i am feeling so happy!

I had few question about mine visa? Let me explain about mine case. I am from Nepal, mine dad served in British Army & he is residing in the UK since 2009 holding visa type: Visa settlement-AF. I applied for my ILE as his dependent over 18 but it was refused and after long process of appeal i won mine appeal case. I was granted this type of visa “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:” I am so confused in visa type" VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:" What does it meant???

Q: Is there any friend who can clearly explain about this type of visa " VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:"???

Same as mine case, many of my friend got their visa type like “Visa Settlement to join parent". Why mine visa type is changed, I and my friend’s cases are same. We all children are over 18 and would like to join family in the UK.

This is my visa detail:

Type: “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:”
Observ : “Indefinite leave to enter the UK”
Number of dependent: 0
Valid until: 10 yrs
Was your friend over 18 when he applied? Now you may be over 18, but were both of you 18 on the date of application? If your friend was below 18 on the date of application, then his visa is normal. If he was over 18 too on the date of application, then don't have an answer for the difference in your visas.
•12-Feb-2015: Applied online (Team), 200K, India
•13-Feb-2015: Submitted documents and biometrics
•25-Feb-2015: Received email saying that they need more time
•03-Mar-2015: Interviewed separately
•05-Mar-2105: Received docs and passport with visa stamped!

cyber_warez
Junior Member
Posts: 50
Joined: Fri Jun 04, 2010 11:33 am

Re: Appeal allowed but HO appeal against the decison.

Post by cyber_warez » Mon Aug 25, 2014 1:19 am

during his application, he was 24 years old..i am 100% sure he was over 18..
attahaas wrote:
cyber_warez wrote:Dear friends,

It's very good news that i got mine visa. After 5 yrs long separation from mine family, everyday i used to miss mine dad, mum and brothers. Now almost all my stress were gone.. i am feeling so happy!

I had few question about mine visa? Let me explain about mine case. I am from Nepal, mine dad served in British Army & he is residing in the UK since 2009 holding visa type: Visa settlement-AF. I applied for my ILE as his dependent over 18 but it was refused and after long process of appeal i won mine appeal case. I was granted this type of visa “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:” I am so confused in visa type" VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:" What does it meant???

Q: Is there any friend who can clearly explain about this type of visa " VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:"???

Same as mine case, many of my friend got their visa type like “Visa Settlement to join parent". Why mine visa type is changed, I and my friend’s cases are same. We all children are over 18 and would like to join family in the UK.

This is my visa detail:

Type: “VISA LEAVE TO ENTER OUTSIDE OF THE RULES – HO Ref:”
Observ : “Indefinite leave to enter the UK”
Number of dependent: 0
Valid until: 10 yrs
Was your friend over 18 when he applied? Now you may be over 18, but were both of you 18 on the date of application? If your friend was below 18 on the date of application, then his visa is normal. If he was over 18 too on the date of application, then don't have an answer for the difference in your visas.

M hussion
Newly Registered
Posts: 1
Joined: Mon Aug 25, 2014 8:50 pm

Re: Appeal allowed but HO appeal against the decison.

Post by M hussion » Mon Aug 25, 2014 9:27 pm

Hello All


good luck bro I have also applied T1 visa in feb 2014 and got refusal after interview in Aprial 2014 I got interview in Shahfield.
Interview questions were about, Full immigration history, than Business related (marketing, sales, services, insurance, office/home, potential clients, business plan) than about Funds ( source of funds, business account? etc).

But they dont had any objection on any of the document, dont know how to prove that i am a genuine business man.

In my case I put simple documents I did not put a business plane, not a business insurance documents, company house documents etc. HO refuse my visa only on interview one more reason according to me I am hare last 8 years. I got a chance of apple in dec 2014. Guys please share any information for my help.

Regards from
Hussion

Tier1luck
Newbie
Posts: 39
Joined: Sat May 31, 2014 12:54 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Tier1luck » Thu Aug 28, 2014 4:17 pm

Hi guys

following is my timeline :-

applied Tier 1 (Ent) from PSW Route back In last week of September 2012
Rejected in May 2013
appeal hearing :- 2nd week of September 2013
appeal allowed and sent by judge to HO for Reconsideration again :- 3rd Week of September 2013
recvd interview letter :- mid of March 2014
Attend interview at Sheffield :- 3rd Week of March 2014
since then waiting , waiting and just waiting reply from HO
called yesterday (27/7/2014) and got same reply "still under process"

Ukba really sucks

saf84
Newly Registered
Posts: 13
Joined: Thu Oct 02, 2014 12:54 pm

Re: Appeal allowed but HO appeal against the decison.

Post by saf84 » Sun Oct 05, 2014 12:11 am

Many congrats on your victory finally
Please give some advice om my case i vably need it :((((

tier1 general ext refused in oct 2013 (Reason 3 out of 11 clients didn't reply to the HO verification letter )
Hearing on july 2014
appeal alowed 19 sept 2014
recvd letter that HO applies to challenge decision to UT on 26 sept 2014

also my 10 year long residence is already completed in dec 2013 so my lawyer varies the grounds of appeal 1 month before hearing and judge in decision clearly mentioned this that i m lawfully due for ILR .

In All decison in my favor...... but HO challenges the decision what do you think how long it can take and what should i do now?
do they charge more fess if HO allowed to take my case in UT?

i am stuck here fr long what should i do i need to travel bck home





sad.1 wrote:AL HAMDO LILLAH AL HAMDO LILLAH

i have received my BRP and documents after a long debate 24months. in this blessing month of ramadhan Allah (SWT) granted me visa.
i hope all of you guys who is actually waiting for decision better to chase them.....other wise you wont be able to hear from them like so many months.
wish you all good luck.

Jay121019
Newly Registered
Posts: 8
Joined: Sat Nov 15, 2014 11:51 am

Re: Appeal allowed but HO appeal against the decison.

Post by Jay121019 » Sat Nov 15, 2014 1:07 pm

My appeal allowed by FTT judge under article 8 determition dated 3 nov I received latter from FTT saying ho asked for permission to appeal in UTT, FTT received letter from ho on 11 November what to acpect next?

rafay
Newly Registered
Posts: 10
Joined: Sat Oct 04, 2014 7:01 am

Re: Appeal allowed but HO appeal against the decison.

Post by rafay » Sun Nov 23, 2014 8:46 am

Hi everyone,

Thanks to God, I won the appeal in FTT as per our last conversation however after 10 days HO appeal against the descision of FTT to
UTT. Letter wording " Notice of receipt of an application for permission to appeal to upper tribunal you will be informed of the result in writing".

My couple of questions are as below following and looking towards all of your kind replies because this forum is brilliant and we can get every information what we need.

1. How much percentage chances to win in UTT if we look at old cases which are successfully got EEA2 residency card.

2.how long does this take to get decsion of UTT.

3. If I win the case in UTT then the time period which use to get decision of UTT can be consider to achieve the residency card or not. normally time to get EEA2 residency card 90 days after appeal allowed so is this UTT decisions time period included.

Regards
Rafay

Okoabefe
Newly Registered
Posts: 1
Joined: Fri Nov 28, 2014 6:16 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Okoabefe » Fri Nov 28, 2014 6:41 pm

Guys,
I just joined this group and must say I impressed with the level of information and awareness shared and think I need to share what I call a disturbing secret of HO concerning the length they are prepared to go to secure permission to appeal against any allowed appeal. I had my appeal won about two months ago (though it took 10 weeks before the decision was promulgated), the home applied for permission to appeal the decision of the lower court and it took another 7 weeks before the permission could be granted. However i received the shock of my life when the lower court judgment attached to the notice of decision to grant HO permission to appeal was completely different from the original decision we received when the lower court allowed my appeal. The judgment had been severally edited to remove those arguments/findings of the lower judge that can make HO's case unarguable in Law. I dont know if anyone have had this experience and will be glad if you can all share your view. At the moment I dont really know what to think because it is unbelievable and I am dump founded.

Okoabefe

User avatar
Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Rockey » Sun Nov 30, 2014 10:09 pm

Hi Tierluck,

wish you good luck for your reconsideration of application.

could you please tell us that at what basis your application had been refused?

Thanks in advance.
Best Regards

Rockey

hammad ahmad
Newbie
Posts: 45
Joined: Fri Jan 18, 2013 10:36 am

Re: Appeal allowed but HO appeal against the decison.

Post by hammad ahmad » Mon Dec 01, 2014 11:01 am

Hi All,

Just wondering if any one been to upper tribunal. I won my appeal in lower tribunal but now HO is going to upper tribunal.

I case was refused due to different dates on two bank statements and funds not available on same date, which I was not aware of.


Please anyone in similar situation please share your experience

Thanks

HSO
Newly Registered
Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Appeal allowed but HO appeal against the decison.

Post by HSO » Thu Dec 18, 2014 8:45 pm

sad.1 wrote:AL HAMDO LILLAH AL HAMDO LILLAH

i have received my BRP and documents after a long debate 24months. in this blessing month of ramadhan Allah (SWT) granted me visa.
i hope all of you guys who is actually waiting for decision better to chase them.....other wise you wont be able to hear from them like so many months.
wish you all good luck.
Hi ,
I need some advice from you.my ILR appeal allowed on 17/9/14,am waiting for my visa.would you please give me the contact details where you contacted home office?
Many thanks

Rajux
Junior Member
Posts: 54
Joined: Sat Nov 15, 2014 4:11 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Rajux » Sun Jan 11, 2015 11:37 am

Hi HSO or anyone in the Forum...please...
I need your advice.

My appeal was allowed in June 2014 then 2 months later I have received biometric enrollment letter which I have done.
After I haven't heard anything from home office.I called them in September which someone said 'Tribunal is currently in process so wait someone will contact you any news of out come but I called few days later someone told me 'You have to wait I will put an email your case worker who will process your application'.I don't understand this becoz my appeal was allowed in June 2014.I have phone many times to FTT which they said no more challenge in your allowed appeal so you speak to home office they should give your visa.

I have contacted my local MP in November then 3 weeks later I got replay from MP which said 'Our records show HO applied for permission in June but the matter still outstanding so we will inform the Tribunal has made decision.In December My solicitor received a letter from HO which they stated first: The biometric resident permit has been issued' secondly the latter stated: HO have applied for permission to the allowed appeal.

I have written a letter to Tribunal and FTT has replied me clearly Said 'You appeal was successful in june and the determination copy served to the relevant parties.Tribunal no longer deal issuance of visa so It is HO responsible to grand any short of visa,IF you haven't heart anything from HO in 6 weeks you shouLd contact HO.

so i can confirm HO did not challenge but they are keep saying that HO have challenged.

I am really devastated and being too much stress now so please anyone help some advice what can i do this stage.please ...please ....

Rajux
Junior Member
Posts: 54
Joined: Sat Nov 15, 2014 4:11 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Rajux » Sun Jan 11, 2015 11:41 am

Hi HSO or anyone in the Forum...please...
I need your advice.

My appeal was allowed in June 2014 then 2 months later I have received biometric enrollment letter which I have done.
After I haven't heard anything from home office.I called them in September which someone said 'Tribunal is currently in process so wait someone will contact you any news of out come but I called few days later someone told me 'You have to wait I will put an email your case worker who will process your application'.I don't understand this becoz my appeal was allowed in June 2014.I have phone many times to FTT which they said no more challenge in your allowed appeal so you speak to home office they should give your visa.

I have contacted my local MP in November then 3 weeks later I got replay from MP which said 'Our records show HO applied for permission in June but the matter still outstanding so we will inform the Tribunal has made decision.In December My solicitor received a letter from HO which they stated first: The biometric resident permit has been issued' secondly the latter stated: HO have applied for permission to the allowed appeal.

I have written a letter to Tribunal and FTT has replied me clearly Said 'You appeal was successful in june and the determination copy served to the relevant parties.Tribunal no longer deal issuance of visa so It is HO responsible to grand any short of visa,IF you haven't heart anything from HO in 6 weeks you shouLd contact HO.

so i can confirm HO did not challenge but they are keep saying that HO have challenged.

I am really devastated and being too much stress now so please anyone help some advice what can i do this stage.please ...please ....

hammad ahmad
Newbie
Posts: 45
Joined: Fri Jan 18, 2013 10:36 am

Re: Appeal allowed but HO appeal against the decison.

Post by hammad ahmad » Sun Jan 11, 2015 12:36 pm

@ rizwo

If you are still using this forum, please need your help.

I am in the same position as your brother. My visa was also refused due to funds not available on same date. I won my appeal in FTT but HO challenged the decision and was allowed permission to go to Upper tribunal. I had my UTT hearing on 6th Jan 2015. Waiting for the decision.

If you can kindly let me know if your visa has been issued or any other information that would help me in case HO appeal is allowed

Thanks waiting for your response

Senny
Newly Registered
Posts: 7
Joined: Tue Jun 25, 2013 5:40 pm

Re: Appeal allowed but HO appeal against the decison.

Post by Senny » Thu Apr 23, 2015 8:37 am

Please I need help . I feel stuck
Application made FLR October 2013
Declined December 2013
Appeal January 2014 .
FTT Oral hearing August 2014 -appeal allowed - home office appealed decision
Upper tribunal hearing Jan 2015 - judge didn't make decision , sent it for a rehearing by the FTT
New rehearing May 2014.

Judge mentioned there where no exceptional circumstances, when we appealed the case became an article 8 case, FTT judge granted on human rights and not on immigration law .
I have lived in the county this is my 9th year . My family live her except my dad who is in my home country. I was below 18 when I arrived and now because I'm in my 20s I'm classed as an adult. All along I have been a dependant of my mother the main applicant , she has been here longer and has been granted ILR, so I had to apply on my own.

I applied under family life and first tribunal accepted , but upper refused saying it wasn't exceptional.I lived at home and helped out .
Since then I Have moved out and now have my own place, I still support my family as my farther doesn't reside in this country (he used to). I have bills let agreements and assets as well as permanent work, I don claim anything from the government . My mother will be undergoing an operation soo and will need my support to recover and assist with the family.
I'm thinking if appealing under private life when we go for the rehearing , what would make my case more exceptional as that's seem like what's needed .
Please help.

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Thu Apr 30, 2015 2:13 pm

Hello

After a long wait finally have got visa. Finally done.

khandrakhan
Newbie
Posts: 40
Joined: Sat May 02, 2015 5:29 pm

Re: Appeal allowed but HO appeal against the decison.

Post by khandrakhan » Sat May 02, 2015 8:29 pm

Congrats

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: Appeal allowed but HO appeal against the decison.

Post by naveediiqbal » Thu May 14, 2015 2:46 pm

Shah05 wrote:Hello

After a long wait finally have got visa. Finally done.
congrats bro

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Thu May 14, 2015 2:48 pm

Thank u very much to both of u.

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: Appeal allowed but HO appeal against the decison.

Post by naveediiqbal » Thu May 14, 2015 3:01 pm

Shah05 wrote:Thank u very much to both of u.
You are Welcome :)

While I am not on Tier 1 (E) but reading postings which could help me.

My Tier 1 (G) visa was refused as caseworker changed the earning assessment period (I claimed 1 Nov 2013 to 31 Oct 2014 employment earnings to claim 35 points and visa submitted on 26 Jan 2014 so earnings were 12 consicutive months within last 15 months) to (8 Nov 2013 to 7 Nov 2014 and awarded me 30 points by calculating a lower earnings for a period that I did not claim) saying that I have submitted evidences from 22 Oct 2013 to 7 Nov 2014 (there is no para / clause in guidance that allows caseworker to change the assessment period claimed by applicant based on evidence if applicant has correctly claim consecutive 12 months within last 15 months). They gave me points for all other attricutes. So in results I got 70 points rather the 75 to qualify for my visa.

I recievd refusal letter with a right of appeal on 19 March 2015 and submitted my appeal to FTT on 30 March 2015. Still awaiting any news. Dont know what out come will be. fee is already deducted.

I have aplealed as immigration decision of the Home Office is not in accordance with the Immigration Rules and is against the facts and figures of the application

Lets see what happens.

Thanks for any guidance / helpful comments

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: Appeal allowed but HO appeal against the decison.

Post by Shah05 » Thu May 14, 2015 7:23 pm

@naveediiqbal, u think if you have calculated the period correct than your chances to win the Appeal is very strong, but what I would say to make sure is to take opinion for atleast 3 different solicitors. And if they say your calculation is right than there you go. No need to worry. Also my first refusal was in May 2013, I took 1st hearing in January 14, than HO appealed again my positive decision. And another appeal took place in mid may 14, and just end of April have received the decision. So I mean to say is there are chances of waiting minimum of a year period over all as u have appealed.

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