ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
sabih786
Newly Registered
Posts: 3
Joined: Tue May 26, 2015 7:46 pm

I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by sabih786 » Tue May 26, 2015 8:15 pm

hi guys,
i need a help from anyone who apply for tier 1 5ok route,
i apply for tier 1 visa on 28th of august 2014,
interview call on 6th november,
refusal 15 december 2014
appeal on 20 dec
hearing date in july 2015

REASONS FOR REFUSAL

1, ABOUT MARKET RESEARCH ,WHAT MARKET RESEARCH YOU CARRIED OUT ,MY ANS IS SECONDARY AND THE FINDINGS OF THIS RESEARCH

2,
YOU HAVE A CONTRACT WITH X.Y.Z COMPANY THE OWNER OF THE COMPANY IS A BANGLADESHI NATIONAL, SO THEY HAVE A CONCERN THAT HOW I M GONNA COMPLETE MY ONE YEAR BUSINESS CONTRACT WITH HIM ,THEY SAID THERE IS NO GUARANTEE HE GONNA STAY IN BRITAIN TILL COMPLETION OF CONTRACT, AND FURTHER THEY SAID THAT THE CONTRACT I SUBMITTED I DIDN'T MENTION ANY LATE PAYMENT CHARGES AND NO LATE FEES PENALTY ETC ,THEY SAID WE THINK THIS IS A NEW BUSINESS SO HOW YOU GONNA SURVIVE AND FURTHER THE CONTRACT I SUBMITTED ITS A 0 HOURS CONTRACT N THEY SAID AND 0 WRITTEN BY HAND AND WE THINK THAT MIGHT B U CHANGE O HOURS CONTRACT AFTER SUBMITTING UR APPLICATION,
3,U DIDN'T PROVIDE PUBLIC LIABILITY INSURANCE,I ALREADY PROVIDE ALL INSURANCES BUT THEY DIDN'T CHECK PROPERLY,
4,
AND IN THE LAST THEY SAID AFTER COMPLETION OF YOUR MBA U DID SOME KIND OF WORK EXPERIENCES AND INTERNSHIPS BUT U DIDN'T PROVIDE ANY THING THAT COULD SUBSTANTIATE ANY OF YOU HAVE HELD,WE HAVE BEEN UNABLE TO ASSES WHETHER YOUR EMPLOYMENT HISTORY HAS PROVIDED THE REQUISITIES BUSINESS EXPERIENCE.YOU HAVE NOT BEEN ABLE TO DEMONSTRATE THAT YOU HOLD RELEVANT PREVIOUS BUSINESS EXPERIENCE.THIS BRINGS INTO QUESTION THE CREDIBILITY AND VIABILITY OF YOUR BUSINESS...........
THESE ARE ALL THE POINTS THAT HOME OFFICE ARISE TOWARDS MY APPLICATION PLEASE GUYS HELP ME OR GIVE ME ANY SUGGESTION I LL B VERY THANK FLL TO ALL OF YOU

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

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by Shah05 » Thu Jun 04, 2015 2:01 am

1. Not sure about market research
2.if you have hired solicitor he would be able to defend with his relevant points. But you make sure that you provide a new contract and submit with the bundle.

3.this point is pointless, error from HO which will be easily eliminated if you already have provided in the bundle.

4. Not vital to show business experience. Though you had you can say u have decided to run business on my own risk and U have money which is the requirement so you are ready to take risk. I think this is also the point which I think isn't appropriate.

At the end if your lawyer is knowledgable and have studies your case than I would say you R fine. So don't worry about that. You have good chances. Leave on time and things will work out. Good luck

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by Olasunkanmi » Thu Jun 04, 2015 5:52 am

@ sabih786, it might be a good idea to hire an experienced barrister who will be able to argue your case, but also be prepared for lots of questions from the judge and the Home Office Presenting Officers who could decide to ask even questions that are not in the initial refusal.

(1) If you have submitted a market research, then your barrister should be able to prove this was submitted with your application.

(2) Do not submit a new contract with your appeal as that could be seen as accepting the refusal points. You should proof to the judge the reason why the Bangladeshi national will be in UK for the period of your initial contract. Your business only had a contract with him for a duration and all you need is to proof that he will be in UK during the length of that particular contract. If you can proof to the judge that the Bangladeshi national has a genuine contract with you, then you can use existing contract cases to argue that contract aren't suppose to be as detailed as your refusal points out.

(3) If you actually have Public liability insurance included in the insurance schedule submitted with your initial application, then your barrister shouldn't have any problem with this.

(4) HO have the right to question your experience in your chosen field, all you need to do is to proof you have enough experience in your field.

Finally, the judge and HOPO could ask questions about the genuineness of your business so you should be ready to proof that your business is actively trading.
The key to success is knowledge and hardwork, and to have faith.

sabih786
Newly Registered
Posts: 3
Joined: Tue May 26, 2015 7:46 pm

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by sabih786 » Sat Jun 13, 2015 1:07 am

thanks a lot brother you told me very good points,i wanna ask you some things hope you don't mind..

1: they make a issue that i have contract with a company his director is Bangladeshi, but at the same time there is one more director and he is British national and they also issue me a letter where they mention we mutually decide 0 hour contract and about late payment or penalty charges...


2: in interview home office ask me about what you did after completion of your MBA and my answer was i was doing part time job and i did some internships and doing research to establish my business...


and i m already doing full business activities and i sign 3 new contracts and hire a 1 full time employ aswell.

sabih786
Newly Registered
Posts: 3
Joined: Tue May 26, 2015 7:46 pm

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by sabih786 » Sat Jun 13, 2015 1:15 am

Shah05 wrote:1. Not sure about market research
2.if you have hired solicitor he would be able to defend with his relevant points. But you make sure that you provide a new contract and submit with the bundle.

3.this point is pointless, error from HO which will be easily eliminated if you already have provided in the bundle.

4. Not vital to show business experience. Though you had you can say u have decided to run business on my own risk and U have money which is the requirement so you are ready to take risk. I think this is also the point which I think isn't appropriate.

At the end if your lawyer is knowledgeable and have studies your case than I would say you R fine. So don't worry about that. You have good chances. Leave on time and things will work out. Good luck

thanks shah05 and i want to ask you some more in detail,
can i submit my new contracts with my business bank statements and also current appointment report of the company where they make issue that director is Bangladeshi at that time there are two directors in the company one is Bangladeshi and the other one is British now in the company there is only one director and they give me their statement that their company have a business contract with my company and we mutually decide 0 hours contract and we agree to not mention any penalty or performance charges
and i also got my certificates that the internships i done in britian after completion of my MBA...plz reply me bro

sheena121
Newly Registered
Posts: 18
Joined: Wed Dec 17, 2014 11:41 am

apply for tier 1 entreprenuer visa refused , tribunals refus

Post by sheena121 » Fri Jun 19, 2015 10:44 am

hello guys,

Can anybody advice in this crucial sistuation what i can do further steps to continue in uk ?
I came in uk on 6th of august 2010 in student visa , with my husband and daughter and completed studies on august on 2011,
i applied for PSW on 19th stempber 2011 sameday visa ,approved given visa for 2years valid till 2013 ,
i applied tier 1 entrepreneur visa on 9th stempber 2013 waited for visa decision , visa refused reasons was that my agent sumbit false bank letter to home office for this 500 pound we have given to him to show the maintenance funds but that guy cheated us the rest of the thing i got points. then i applied for first tier tribunal oral hearing i got date but my agent did not attend it to court with documents at that time i was 9 months pregrant .then no hearing took place ,then again that guy told me homeoffice did not came in court so no hearing took place and 10 days i got letter from tribunal judge my case is dismissed ,then i applied for upper tribunal court there also that guy cheated he not filed it the case , so capita letter by post to me came after 1 month stating to leave the country ,then i rushed another lp legal representative he also taken too much time for money and waisted our time and money but no outcome upper tribunal refused , then last we went to final solicitor , we applied for judicial review that also refused within 3 months so fast decision came then now i applying for court of appeal beside nowi have no money to pay fee to court on other hand, my solicitor told to do another fresh application and want to pay nhs charge also ,we have no money what to do we are going to be 5 years in august 6th 2015 , my daughter is studing in school in 5th standard she is 10 years old i also have another two kids who born in uk ,one boy is 3 years old going to pre school and another boy is only 11 months old so can body can me good advice in this sistuation plz plz plz,

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

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by Shah05 » Fri Jun 19, 2015 1:34 pm

@sabih786, normally u are not allowed to submit new evidences, but I would like To share my case details. If it helps. At the time of application I submitted 1st page of website and as it failed to explain the nature of my business it was the main rejection point. Now in 1st appeal I did put all the pages of my website, though the website, it's structure and web address I changed. Also I made new contract but it wasn't submitted by my solicitor. Now at the time of judgement these documents helped.

Also I would say consider olasunkanmi's advise it worked for me. They want to know if your business if genuinely trading or not. So in support of that what ever documents you want can add up this is your only chance afterwords nothing will be granted to add. Also all depend upon the situation new documents judge might not accept. But this time you have to try to give your best shot.

Hope this will help.

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

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by Shah05 » Fri Jun 19, 2015 1:40 pm

@sheena121, hi your situation is but tough. I am not sure if you are allowed to stay on your children basis. But consult a good solicitor now who has better knowledge, I know one if need help just pm me. Thanks.

Sohail Alvi
Junior Member
Posts: 50
Joined: Sat May 24, 2014 10:09 pm
Pakistan

Re: I HAVE A APPEAL DUE IN JULY NEED QUICK HELP PLX

Post by Sohail Alvi » Fri Jun 19, 2015 8:11 pm

My refusal was almost the same. i send more than enough docs for my business activities. i won the appeal and got BRP too. Pls arrange to send all docs with appeal bundle. keep additional docs with you at the time of appeal. HO lawyer normally ask so many questions so need to have additional docs in hand.
also arrange management accounts for safer side.

Locked
cron