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court hearing experience, took 1hour 35 min...........

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

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dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

court hearing experience, took 1hour 35 min...........

Post by dilowar07 » Wed Nov 20, 2013 7:53 pm

hi, i was court hearing today for tier1 entrepreneur on psw route.
refusal were
1. they couldn't find any evidence of third party fund( but i sent and it was in my document list of my application form)
2. could not find any evidence of companies house report(but i sent and it was in my document list of my application form).
3. could not find any evidence of level 4 job activities what i mentioned in my application as a procurement manager.(but i sent 2 contract one is- buying raw material from supplier, second selling our product to customer).

even home office did not returned my bundle before hearing. and in the court home office lawyer said he doesn't have any clue where are all my original document , it's could be lost either i didn't send.

and the judge was not experienced with this point based system and said my job is only internal i am not doing anything for customer.
i explained to him a bit but he did not gave me enough chance to explain in detail. at the end he said it's very hard to tell anything right now i will write letter to you both.
but we had copy of all documents and we submitted to judge. my lawyer mentioned home office should ask for missing document but they never called me, never sent a letter.
i don't know what will be the outcome. if my appeal is not allowed i thinking to appeal in upper tribunal.
does any one know how long will i have to appeal in upper tribunal?
dilowar

Aadi.ji
Member
Posts: 114
Joined: Tue Nov 26, 2013 7:44 pm
Location: Pakistan, islamabad
Mood:
Pakistan

Re: court hearing experience, took 1hour 35 min...........

Post by Aadi.ji » Tue Nov 26, 2013 9:16 pm

dilowar07 wrote:hi, i was court hearing today for tier1 entrepreneur on psw route.
refusal were
1. they couldn't find any evidence of third party fund( but i sent and it was in my document list of my application form)
2. could not find any evidence of companies house report(but i sent and it was in my document list of my application form).
3. could not find any evidence of level 4 job activities what i mentioned in my application as a procurement manager.(but i sent 2 contract one is- buying raw material from supplier, second selling our product to customer).

even home office did not returned my bundle before hearing. and in the court home office lawyer said he doesn't have any clue where are all my original document , it's could be lost either i didn't send.

and the judge was not experienced with this point based system and said my job is only internal i am not doing anything for customer.
i explained to him a bit but he did not gave me enough chance to explain in detail. at the end he said it's very hard to tell anything right now i will write letter to you both.
but we had copy of all documents and we submitted to judge. my lawyer mentioned home office should ask for missing document but they never called me, never sent a letter.
i don't know what will be the outcome. if my appeal is not allowed i thinking to appeal in upper tribunal.
does any one know how long will i have to appeal in upper tribunal?
Hi

You have 7 working days to apply in higher tribunal.

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

Re: court hearing experience, took 1hour 35 min...........

Post by Olasunkanmi » Tue Nov 26, 2013 10:19 pm

@ dilowar07, your business activities of buying and selling raw material does not qualify as NQF level 4 job regardless of your job title as Procurement manager/director.

You need to have a good thinking about your next line of action as your chance of winning your appeal is very slim.
The key to success is knowledge and hardwork, and to have faith.

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Re: court hearing experience, took 1hour 35 min...........

Post by dilowar07 » Wed Nov 27, 2013 12:29 am

Olasunkanmi wrote:@ dilowar07, your business activities of buying and selling raw material does not qualify as NQF level 4 job regardless of your job title as Procurement manager/director.

You need to have a good thinking about your next line of action as your chance of winning your appeal is very slim.
i am a procurement manager of my company. Procurment manager is qualified as a level 4 job and it's role is purchasing anything for your company, maintaining relationshhip with supplier, keep update with the market etc. But all this just i can describe, can't show with evidence. So what do you think guys, please update me, please
dilowar

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

Re: court hearing experience, took 1hour 35 min...........

Post by Olasunkanmi » Wed Nov 27, 2013 7:40 pm

@ dilowar07, am afraid that Home Office requirement state that you should be able to proof that your service in your business is at NQF level 4 and if you can't describe it, then you will find it difficult to convince Home Office or the judge.
The key to success is knowledge and hardwork, and to have faith.

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Re: court hearing experience, took 1hour 35 min...........

Post by dilowar07 » Thu Nov 28, 2013 11:45 am

Olasunkanmi wrote:@ dilowar07, am afraid that Home Office requirement state that you should be able to proof that your service in your business is at NQF level 4 and if you can't describe it, then you will find it difficult to convince Home Office or the judge.
@olasunkamni, can you tell me please what document should i use to prove as a procurement manager?
dilowar

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu Nov 28, 2013 11:49 am

Olasunkanmi is correct. You can call yourself procurement manager or whatever lofty title you like, but the service your business s providing is not a Level 4 occupation. Surely you must see this and if you can't you can look in the immigration rules under Appendix A. You are wasting your time with this and need to find another business, that is unless you leave the UK and apply outside with 200K.


Appendix A
(iv) is working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD. "Working" in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business

dilowar07
Junior Member
Posts: 59
Joined: Wed Nov 20, 2013 5:56 pm
Location: oldham

Post by dilowar07 » Thu Nov 28, 2013 3:18 pm

Lucapooka wrote:Olasunkanmi is correct. You can call yourself procurement manager or whatever lofty title you like, but the service your business s providing is not a Level 4 occupation. Surely you must see this and if you can't you can look in the immigration rules under Appendix A. You are wasting your time with this and need to find another business, that is unless you leave the UK and apply outside with 200K.


Appendix A
(iv) is working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD. "Working" in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business
i am on psw now and it's been expired when my application is on process. will i not be eligible to apply in tier4 if tier1 goes wrong? and how long will i have for a new application?
dilowar

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