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JR granted and dismissed, please help

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

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stevens874
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Posts: 18
Joined: Wed Jul 23, 2014 12:12 am

JR granted and dismissed, please help

Post by stevens874 » Sat Aug 30, 2014 7:17 am

Dear all,

I applied for Tier 1 visa in Dec 2012, refused in May 2013 as me and my team member did not have direct access to 50K. I was not given right of appeal, as i have valid leave to remain then.

I applied for JR and permission granted to me in Nov 2013, during that time i changed my solicitor. The new solicitor got bundle of documents from my old solicitor and said that it will take few months for hearing. I continued waiting and keep asking to solicitor about hearing date or any progress with JR, but the answer was always No.

I reapplied on 8th of August 2014 and mentioned in application that JR granted, waiting for hearing date. On 13th of August solicitor told me that JR was dismissed in April, the reason was that we did not paid court fee 700£. I am not sure where was mistake, court sent letter to previous solicitor and he not informed, letter was ignored by new solicitor or the court not sent letter at all. My very lazy and incompetent solicitor is now trying to get information about that. He has 40 years of experience as solicitor in London, charging 180£/h fee and with zero results.

Now my question is that is it possible to get JR live again? If not, will it effect on my new application, where i have written that JR in process and i am waiting for court hearing date?


I applied on 8th of August, application received confirmation letter on 15th of August, but no other correspondence till yet.

I shall be really really thankful for all to guide me about it.

With best regards,

stevens874
Newly Registered
Posts: 18
Joined: Wed Jul 23, 2014 12:12 am

Re: JR granted and dismissed, please help

Post by stevens874 » Sat Aug 30, 2014 2:39 pm

stevens874 wrote:Dear all,

I applied for Tier 1 visa in Dec 2012, refused in May 2013 as me and my team member did not have direct access to 50K. I was not given right of appeal, as i have valid leave to remain then.

I applied for JR and permission granted to me in Nov 2013, during that time i changed my solicitor. The new solicitor got bundle of documents from my old solicitor and said that it will take few months for hearing. I continued waiting and keep asking to solicitor about hearing date or any progress with JR, but the answer was always No.

I reapplied on 8th of August 2014 and mentioned in application that JR granted, waiting for hearing date. On 13th of August solicitor told me that JR was dismissed in April, the reason was that we did not paid court fee 700£. I am not sure where was mistake, court sent letter to previous solicitor and he not informed, letter was ignored by new solicitor or the court not sent letter at all. My very lazy and incompetent solicitor is now trying to get information about that. He has 40 years of experience as solicitor in London, charging 180£/h fee and with zero results.
.
Now my question is that is it possible to get JR live again? If not, will it effect on my new application, where i have written that JR in process and i am waiting for court hearing date?


I applied on 8th of August, application received confirmation letter on 15th of August, but no other correspondence till yet.

I shall be really really thankful for all to guide me about it.

With best regards,

Amber
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Posts: 17448
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: JR granted and dismissed, please help

Post by Amber » Sat Aug 30, 2014 6:11 pm

JR has to be lodged within 3 months of the 'decision' for which you're asking for JR. There are exceptional circumstances where a late appeal can be lodged. If you state that you were not informed by the previous solicitor that the fee had not been paid, it may be acceptable to allow a late appeal. Any extension of time is governed by the court’s general power under CPR r.3.1(2)(a). See also R (Cukurova Finance International Ltd) v HM Treasury [2009] EuLR 317 and R (Finn-Kelcey) v Milton Keynes Council [2009] EnvLR 17.
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stevens874
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Posts: 18
Joined: Wed Jul 23, 2014 12:12 am

Re: JR granted and dismissed, please help

Post by stevens874 » Sat Aug 30, 2014 6:18 pm

Amber wrote:JR has to be lodged within 3 months of the 'decision' for which you're asking for JR. There are exceptional circumstances where a late appeal can be lodged. If you state that you were not informed by the previous solicitor that the fee had not been paid, it may be acceptable to allow a late appeal. Any extension of time is governed by the court’s general power under CPR r.3.1(2)(a).
Amber thanks for your reply. I applied for JR, and permission was granted, was just waiting a court hearing date. As my visa was going to expire on 10th of August, so i reapplied before that. I for my knowledge, JR and new application can go side by side. As i mentioned on my new application that i am waiting for a court hearing date, but actually it was dismissed by court due to no payment of fee.

So me a bit worried that HO can say that JR was dismissed, but you still mentioned that you are waiting for a hearing date?

Amber
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Posts: 17448
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: JR granted and dismissed, please help

Post by Amber » Sat Aug 30, 2014 6:23 pm

The JR would have been rejected if payment failed. However, a late JR may be acceptable, a new application for leave should have been made within 28 days of the in-time decision date if your leave has expired. If your leave has not expired then your application should be processed.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

cpmlkhan
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Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: JR granted and dismissed, please help

Post by cpmlkhan » Sat Aug 30, 2014 10:18 pm

stevens874 wrote:
Amber wrote:JR has to be lodged within 3 months of the 'decision' for which you're asking for JR. There are exceptional circumstances where a late appeal can be lodged. If you state that you were not informed by the previous solicitor that the fee had not been paid, it may be acceptable to allow a late appeal. Any extension of time is governed by the court’s general power under CPR r.3.1(2)(a).
Amber thanks for your reply. I applied for JR, and permission was granted, was just waiting a court hearing date. As my visa was going to expire on 10th of August, so i reapplied before that. I for my knowledge, JR and new application can go side by side. As i mentioned on my new application that i am waiting for a court hearing date, but actually it was dismissed by court due to no payment of fee.

So me a bit worried that HO can say that JR was dismissed, but you still mentioned that you are waiting for a hearing date?
Hello stevens,

You made your case bit complicated by adding some expensive so called solicitors. But anyways You can not lodge a judicial review at this point now. Anyways now You need to send a covering letter to your case worker & says that there is not any pending appeal any more. So he can process your application as normal. You supposed to get this sorted by the help of your solicitor. Anyways Hope for the best.

Regards

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