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T1 Enterprenuer After Appeal rights exhausted. PSW route

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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problemsolver
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T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Wed Aug 19, 2015 10:13 am

hello, i am seeking advice in somewhat complex situation , your timely help is highly appreciated...

i applied for t1 ent on 5 dec 2013 as a team with 1 partner.
i got BRP on 31st dec and started making investment plans and some initial investment on fixtures fittings etc while waiting for team member's visa
instead of getting his visa they asked my BRP back and said there was a technical error. then they called for interview in march 2014. we explained everything correctly, but refusal came with reasons as to our response to market research is not identical, and they took team member's answer to where did you get the funds for business as wrong and wrote he is claiming all 50 k is his. anyway
in FTT the judge refused again and said 2nd member said all 50 k is his at interview and 1st is saying its 25 each so general credibility issue.
in 2nd tier tribunal permission not granted and appeal rights ceased due to the sole reason that no grounds has been attached. while lawyer says they did attach, even if they did not find they should have asked and give 3 to 7 day for instance, under fair trial jurisdiction.
he is applying for JR and asking me to put new application in as well. but i am highly concerned what is my position as new application is going to be as a single member because team member does not need all this hassel because he is getting married to his cousin soon. plus he did not maintain personal maintenance funds.
business is up and runing ever since the initial application. do i still need a business plan? and what and how do i need to justify that i am the only person now rather than a team? my mind stops working after a certain limit , an honest and genuine opinion is highly appreciated.

geriatrix
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by geriatrix » Wed Aug 19, 2015 1:40 pm

What date was the permission to appeal in UT refused?
Life isn't fair, but you can be!

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Thu Aug 27, 2015 2:38 pm

3rd of august 2015

geriatrix
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by geriatrix » Thu Aug 27, 2015 7:10 pm

Then you are an overstayer since 04-Aug-15.

If you wish to make a new application, you must do it before 31-Aug-15 (245DD(g)).

Applying for JR doesn't make your illegal stay legal.
Life isn't fair, but you can be!

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Sat Sep 05, 2015 4:04 pm

I RECEIVED THE LETTER ON 6 AUGUST. SHOULD I RELY ON COUNTING FROM 6 ONWARDS?

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Mon Sep 28, 2015 6:36 pm

i relied on the guidance that the date of reference is 2 days after the date on the letter from tribunal. which in my case is 5th august. but home office refused my application that you are putting application more than 28 days late. i am very confused now. is this an error and can i not prove it otherwise? how can they make such a mistake?
please reply.

problemsolver wrote:Hello,
I received the letter from tribunal on 5th August 2015 and put the new application on 2nd september 2015. I counted the days from 5th august as per guidance i can access on various guidance policies. But home office refused on the grounds that you submitted application more than 28 days after the letter. I am very astonished as this is totally against what is said that the date of reference will be 2 days after the date on the final letter sent by tribunals.
if anybody can assist me i will be highly obliged.
kind regards
rehan

naveediiqbal
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by naveediiqbal » Mon Sep 28, 2015 7:07 pm

problemsolver wrote:i relied on the guidance that the date of reference is 2 days after the date on the letter from tribunal. which in my case is 5th august. but home office refused my application that you are putting application more than 28 days late. i am very confused now. is this an error and can i not prove it otherwise? how can they make such a mistake?
please reply.
Is it 28 days from decision date or the date you receive it. Any reference from guidance or source document. All depends on actual days count from what trigger point.

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Thu Oct 01, 2015 7:32 am

thank you for your reply.
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
if you go to page 13 of this linked document you will see the rule about finally determined appeal. it clearly says it is 28 days from the date you receive the decision which is deemed to be 2 working days after the date of postage.
i am unable to understand why home office has refused my application. they can not act with such irresponsibility? can they?

naveediiqbal
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by naveediiqbal » Thu Oct 01, 2015 7:35 am

problemsolver wrote:thank you for your reply.
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
if you go to page 13 of this linked document you will see the rule about finally determined appeal. it clearly says it is 28 days from the date you receive the decision which is deemed to be 2 working days after the date of postage.
i am unable to understand why home office has refused my application. they can not act with such irresponsibility? can they?
Then it may be a good reason to go for JR. Seek professional help.

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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by vinny » Thu Oct 01, 2015 7:55 am

Did you ignore sushdmehta's advice?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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naveediiqbal
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by naveediiqbal » Thu Oct 01, 2015 8:14 am

vinny wrote:Did you ignore sushdmehta's advice?
Agreed a new application should be an easier option. But if still wanted to to go with JR then seeking professional help is advised.

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Fri Oct 02, 2015 2:30 am

i did not ignore the advice. i searched a little more, and my solicitor also showed me on home office guidance that you will count days from 5th at the least. i am putting the admin review. but i am wondering why on earth a case worker can make such a blunder. it is so obvious i mean apple and oranges...! so annoyed as it is costing me both time and money just to state the obvious.
i think JR will kick in if they refuse my application.

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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by vinny » Fri Oct 02, 2015 5:18 am

What was the postmark date of the determination letter?

When did you post the new application?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Sat Oct 03, 2015 8:13 am

the letter from tribunal was dated 3rd of august. hence having me to believe that 5th aug is my date of reference i.e. 2 working days after the letter was posted.

vinny
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by vinny » Sat Oct 03, 2015 8:15 am

Do you still have the envelope of their letter? Was there any postmark date stamp on it?

When did you post the new application?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Sat Oct 03, 2015 8:16 am

i posted on 1st sep, home office received on 2 sep

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Mon Oct 05, 2015 10:09 am

the letter has a date printed on the 1st page that is a cover page to the original decesion which follows. the decision was made well before 3rd august. that is why they put the 3rd august on the 1st page of letter so that we know when they posted. and yes the envelop is still available but i might need to look for it in pile of papers.

problemsolver
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by problemsolver » Thu Oct 08, 2015 7:00 am

anyone there?

yhm75
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Re: T1 Enterprenuer After Appeal rights exhausted. PSW route

Post by yhm75 » Sun Dec 06, 2015 5:26 pm

problemsolver wrote:the letter has a date printed on the 1st page that is a cover page to the original decesion which follows. the decision was made well before 3rd august. that is why they put the 3rd august on the 1st page of letter so that we know when they posted. and yes the envelop is still available but i might need to look for it in pile of papers.


hi

I am in same situation now
I applied t1 3rd time they refuse me now with that reason

I spoke with barrister directly and two solicitors they convince and stuck on that 3c will finished when received a letter and I look it 1971 3c law

Finally determined appeals

An appeal is not finally determined while an application for permission to appeal to the Upper Tribunal (or, if applicable, the Court of Appeal) can be made. When all appeal rights have been exhausted, the effective date on which an appeal or permission to appeal is finally determined is the date on which the appellant receives notice or (in the Court of Appeal) judgment is given. This is considered to be two working days after postage unless the applicant can prove otherwise.

can you pls reply me what is your situation now
because I submitted first AR
thaks

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