Appeal

Hi i m new member my appeal is refused for business visa (Ent) at first tribunal. I need to ask what other ways i have to go further as i m in this country last 7 years and i dont want to break my period plz anyone help me out.
Thanks.

win your appeal with upper tribunal thats the 1st option if you could not, you can then reapply within 28 days once an appeal with upper tribual is dismissed thats the 2nd and last option because you wont get a right of appeal with new application if refused.

I am afraid there is not anything further could keep you engaged lawful ways for 3 longs years except above

It is better at this moment for u to focus on the appeal procedure and preparation. P Can u tell us the rejection points?

sheikh123 wrote:Hi i m new member my appeal is refused for business visa (Ent) at first tribunal. I need to ask what other ways i have to go further as i m in this country last 7 years and i dont want to break my period plz anyone help me out.
Thanks.

@ sheikh
Princess of Ammi is absolutely right. your 1st appeal is dismissed and u left with 3 years to complete for 10 years residency.
Try to win appeal on UT. if suppose u lose the case than u have 28 days to reapply for any other visa. Try your best to get that visa. other wise very very hard for u to keep your continues stay alive.

Thank u very much for all your guidance, i submitted my application in first tier for permission to go in upper T but let me know guys what other options i have if my appeal is refused in UT. My objection was creditability issue but judge give her decision on business plan which is i thing irrelevant. Can u guys let me know plz if ut is lose as well wht type of fresh application i can apply? i heard if your appeal is refused in ft then there is 90% chance that ut also refuse the appeal as well. I being in this country since Dec 2005 till 2011 on student visa so can i go for student visa again plz guys help me out i m so much in tense plz i need ur help and guidance.

sheikh123 wrote:Thank u very much for all your guidance, i submitted my application in first tier for permission to go in upper T but let me know guys what other options i have if my appeal is refused in UT. My objection was creditability issue but judge give her decision on business plan which is i thing irrelevant. Can u guys let me know plz if ut is lose as well wht type of fresh application i can apply? i heard if your appeal is refused in ft then there is 90% chance that ut also refuse the appeal as well. I being in this country since Dec 2005 till 2011 on student visa so can i go for student visa again plz guys help me out i m so much in tense plz i need ur help and guidance.

@ sheikh123, you stated that your application was refused on credibility, did you mean genuineness test or your previous history credibility was questioned. Also you stated that your appeal was dismissed by judge because of business plan, were there any mistake on the business plan which the judge noted during your hearing or did you fail to answer HOPO questions correctly when cross-examined on your business plan.

The above questions will determine if you have a chance in UT and are you using a solicitor/barrister for your appeal or doing it on your own.

@olakistum!

As i write in my earlier email, that my application was refused on creditability issue but on hearing the HO rep ask me how i invest this money in answer i told him the different head of operations to invest/spend money but on advertisement i said before judge that i have plan to spend 10K to 15K. Now judge give her decision that according to ur business plan u mentioned that u will spend £1200 in a year on this head but on hearing day u told us different figure thats why i am not satisfied about ur creditability. Now i applied for permission for UT but i dont know wht happen next plz i request all the seniors to help me out in this situation, as i told i spend 7 years in this country plz plz help me out in this regard.

Thanks.

@ sheikh123, you seem to have given different figures to judge from what was in your business plan, that alone is enough to give the judge the impression that you are not a genuine entrepreneur.

Your best option is to find a way to prove to the UT that the figures you quoted were indeed correct and if you can't do that, you are very likely to get rejection in UT as well and you can then submit a fresh application if you still want to or you can apply in a different category if you meet the requirement.

@ Olasunkanmi!!!

Thanks buddy i got your suggestions, how can i prove these figures in UT, u want me to submit a new business plan? The second thing is that regarding my section 3c if my Ut appeal refused is my stay is continuous or its will broke. If i make a fresh application within 28 days in which category i can apply? Student or Ent again? if i go for student then i already completed 5 years on student visa so i dont know wht options i still have, plz guide me in this regard.

Your co-operation in this regard is highly appreciated.

All seniors i need ur urgent help plz. Today i received letter from UT in which its stated
"This is to inform you that Upper Tribunal has refused or not admitted your application for permission to appeal to the Upper Tribunal. The reason for the decision are enclosed herewith. There is no further right of appeal in these circumstances. A decision by the Upper Tribunal refusing permission to appeal to itself is an "excluded decision" and therefore no appeal lies from such a decision to the court of appeal: S13(8)(c) Tribunals, Courts and Enforcement Act 2007."

My question is that
1. Can i still go for court of appeal in this situation.
2. If yes what is time limit to go for court of appeal as in letter did not say any thing about time.
3. If i go in court of appeal my 3c is still continuous?

Plz all seniors i need ur guidance in this regard.

Thanks.

sheikh123@ i am in a same sort of situation, i have applied flro based on private life in july 2014 got refused appealed low tribunal and then to upper tribunal who have sent me same letter "This is to inform you that Upper Tribunal has refused or not admitted your application for permission to appeal to the Upper Tribunal. The reason for the decision are enclosed herewith. There is no further right of appeal in these circumstances. A decision by the Upper Tribunal refusing permission to appeal to itself is an "excluded decision" and therefore no appeal lies from such a decision to the court of appeal: S13(8)(c) Tribunals, Courts and Enforcement Act 2007."
since the i got married but thats islamic marriage i have not been able to register my marriage yet because i have requested copy of my passport which HO hasnt send yet, i just want to check with you what my options are, do i need to go to court of appeal and get my marriage registered and then apply for spouse visa?

Sorry to hear about this
Upper Tribunal didn't give you permission to apply any further like Court of Appeal.But you can make a fresh application within 28 days.Please consult a solicitor or barrister for professional advice as time is running out and you have only 28 days after the date of decision.
All the best

hi

Today I got a refusal from the first tier tribunal with right of appeal in upper tribunal, how much is the court fee for upper tribunal?

Hello
There is no fee to pay at this stage as you had already paid fee of 140 pounds which will cover First tier and Upper tier Tribunal.But you need to apply to First tier Tribunal for permission to appeal for Upper Tribunal with grounds and need to prove that Judge at First tier did error of law.Please read the Judge determination carefully and also consult a good solicior/barrister who can write very good grounds to prove material error of law was made by the first tier Tribunal judge which is not a easy task.If permission will be granted then you will have another oral hearing at Upper Tribunal and you can win there depending on your case.If permission will be granted then you have to apply Upper Tribunal directly and chances are very rare without permission from first tier that you will get positive result.
But do your best,seek professional advice as no one knows your case on this forum better than yourself.I am writing this due to my personal experience so avail this chance and be quick.
Best wishes

Sorry typing mistake I want to write if permission will not be granted then you to apply Upper Tribunal directly

Hallo innovation

Thanks for your prompt reply

Hi
If I won't get the chance to appeal in UT what are the available options for me?

Thanks in advance

Hello again
I'd already explained above that if permission will not be granted from FTT then you will apply directly to UT and if decision from Upper Tribunal will not be in your favour then you will have to apply fresh application within 28 days in the same category or different depending on your circumstances.Choices at that stage will be limited in general so if you think you had already established your business then best thing is to reapply in the same category but there will be no appeal in case of any negative reply.
But at the moment best thing is you concentrate on this case and do your best to get permission from FTT.
Best Wishes and keep praying as so many people are still struggling in getting this visa.
Regards

@ innovation2000

thanks for the reply, can i not appeal to court of appeal because i have not registered my marriage yet so can not put any new application and i dont want to put application for the sake putting, so i want to know can i still go to court of appeal and in the mean while get my marriage registered and apply while my appeal is in court, baring in mind that even if i get my application is refused will i get right to appeal in this courntry?/

hakeem11 wrote:@ innovation2000

thanks for the reply, can i not appeal to court of appeal because i have not registered my marriage yet so can not put any new application and i dont want to put application for the sake putting, so i want to know can i still go to court of appeal and in the mean while get my marriage registered and apply while my appeal is in court, baring in mind that even if i get my application is refused will i get right to appeal in this courntry?/

You cannot apply to court of appeal as the decision is an excluded decision.

The only thing you can do is a CART judicial review against the tribunal refusal of your permission to appeal application.

Do you have a child in this Islamic marriage?

Do you meet the 18600 financial requirement?

Does your home state accept marriage by proxy ?

Best bet is to apply within 28 days of the UT dismissing your appeal.

Obie@ THANKS FOR YOUR RESPONSE, i think thats what my solicitor is doing, he is going for judicial review. i dont have child we got married in september, yes we both meet that infact we are exempted from that as wife also receives carer allowance plus she works part time as well, i am not sure about the proxy marriage, but how is that gona help me, i am in a situation where i cant apply for spouse visa because we have not registered for english marriage yet, because home office hasnt send the copy of passport yet, do you think its worth to go for judicial review and in the mean while get everything ready for spouse visa?/

@Obie can you please advise how can i contact you i need your advice, i am so stressed the situation I am in, I think my lawyer has landed in me big problem, can you please advise what is the best way to contact you

What is the basis for the stress.

I thought the lawyer was on top of things.

@Obie stress is about the lawyer not being straight forward to me, i thought he is top of the case, but that doesnt seem to be the case, first of all making new application is not possible because i got nothing ready with me, because me and my wife have not started living together even though religiously we are married but as per uk law we are not, home office hasnt send the copy of passport to registry so cant register my marriage, another issue is my lawyer was stating we should go for judicial review which i am not sure whether it is going to be any good in my case, however now he is saying some barister has told him it is better to make application but we already late for that? can you please what should i do?

Your case is fact sensitive. I am therefore unsure whether I can comment on their action without full knowledge of the facts .