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Second Application Refused: Need Some Urgent Advice Please.

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

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Mr Lucas
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Posts: 8
Joined: Sun Apr 06, 2014 10:41 pm

Second Application Refused: Need Some Urgent Advice Please.

Post by Mr Lucas » Mon Dec 22, 2014 9:12 am

Hello forum members.
I am follower of this forum and I must say it has been helpful.
My case is as follows.
I did my second application on 5 September 2014.
The application was returned on 5 Nov because I was having a pending appeal.
I withdrew the appeal and return back the application on 20 Nov.
While returning the application, It did not occur to me to get a fresh Company Appointment Report.
Now HO refused my application on the bases that the CAR was over three months old.
They also said that my Facebook advert was dated 8 Dec 2013, that my freeindex and yell advert while they contain my name did not bear any date, and that my website does not bear my name.
My question is this
Can I send in another application with the corrections ( the refusal letter gave an option for another application) or should I go for judicial review,
If I decide to go for judicial review what are my chances.
Any help and suggestions would be appreciated.

Princess of Ammi
- thin ice -
Posts: 298
Joined: Tue Dec 03, 2013 2:33 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Princess of Ammi » Mon Dec 22, 2014 5:52 pm

Generally its JR the next once one faces decline for his 2nd application only if he has a point of argument that can clearly be identified that the decision to refuse 2nd application was unlawful.

before your name missing in advertisement issue, if the CAR you said you did not provide 2nd time(thinking that they already have it) while provided one(part of your 1st application) was older than 3 months by the time you applied, following guidance their decision seems lawful.

circumstance (point of argument) under you did not or could not provide or the one you provided was not dated within 3 months at the time of application I feel a good start off for you
thanks,

Mr Lucas
Newly Registered
Posts: 8
Joined: Sun Apr 06, 2014 10:41 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Mr Lucas » Mon Dec 22, 2014 8:21 pm

@ Princess of Ammi,

Thanks for your reply,

Yes I submitted a CAR with my last application but it was more than 3 months old.

Will be going for the JR.

Mr Lucas
Newly Registered
Posts: 8
Joined: Sun Apr 06, 2014 10:41 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Mr Lucas » Tue Dec 23, 2014 11:25 am

Hi guys,
Just to know your views,
My lawyer said he could argue the case based on evidencial flexibility.
What are my chances for success.

Mr Lucas
Newly Registered
Posts: 8
Joined: Sun Apr 06, 2014 10:41 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Mr Lucas » Fri Dec 26, 2014 3:12 pm

Any more ideas please,
@ Olasunkanmi and all the seniors.
Last edited by Mr Lucas on Fri Dec 26, 2014 8:31 pm, edited 2 times in total.

bubbly123
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Posts: 161
Joined: Tue May 20, 2014 12:15 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by bubbly123 » Fri Dec 26, 2014 5:51 pm

@Mr Lucas:My opinion is go for fresh application and it is no point taking a solicitor or JR.
Make sure you have all the documents updated.
But wait for more advice from seniors.
Regards

joshmathews
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Posts: 23
Joined: Fri Jul 04, 2014 10:31 am

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by joshmathews » Fri Dec 26, 2014 7:11 pm

I would say put in a fresh application, JR will take ages to come by and you dont need it anyways, if they refused based on CAR and advertisements, it means probably the rest of the stuff is fine. Getting in JR is a long wait, make a fresh application with more Ads, there are many free advertising portals, also make changes on the website as they need and for the rest of the stuff. It should all be fine.

Mr Lucas
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Posts: 8
Joined: Sun Apr 06, 2014 10:41 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Mr Lucas » Fri Dec 26, 2014 8:10 pm

I have made my second application. My solicitor have said I cannot make any incountry application again since my leave has ended. I am preparing for the judicial review.

bizz123
Member
Posts: 239
Joined: Thu Jan 23, 2014 9:56 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by bizz123 » Fri Jul 03, 2015 1:33 am

Hi

Mr. Lucas

Have you applied for Judicial review?

I have sent Pre-action protocol (step before JR) last week after 2nd refusal and waiting for the response, can you please share experience

Regards

Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by Obie » Sat Jul 25, 2015 6:27 pm

Mr Lucas wrote:I have made my second application. My solicitor have said I cannot make any incountry application again since my leave has ended. I am preparing for the judicial review.

You should have maintained your appeal until you had everything in place.

Evidence flexibility is different from not meeting the requirements.
Smooth seas do not make skilful sailors

atariq5
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Posts: 13
Joined: Tue Jun 23, 2015 9:55 pm

Re: Second Application Refused: Need Some Urgent Advice Plea

Post by atariq5 » Wed Jul 29, 2015 11:41 pm

Hello all

My Situation is as below

2nd Application submission: 25/03/2015
Date of refusal: 11/05/2015
Admin review submitted: 22/05/2015
Response from HO (Unsuccessful): 29/05/2015
fresh application: 29/06/2015

Home office refused my application saying that it was out of time. . Even though I submitted my fresh application within 28 days of receiving decision for AR(29/05/2015). HO said my last application was refused on 11/05/2015 and admin review allowed but it does not extend my leave, but immigration rules clearly say that leave is extended until a decision is made on admin review.

Seniors please help me out. I have right for admin review and also I am submitting JR for my previous application. What do you guys suggest?

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