Appeal Allowed

Hello,

My visa was refused on number of basis, but almost all the refusal points were regarding bank letter and third party not in correct format. Only one issue was regarding I did not provided the Bank Account of business. When we entered the court first thing judge told us that Court cannot help anyone if they did not provided the bank letter in the format in which ukba requires and therefore you should make a fresh application as we told judge that we have opened a new bank account in which bank is ready to give us the letter according to ukba's format. But then judge said lets start the hearing formally. Ukba lawyer started the first argument about applicant did not provided the Business account of the company and we said there was no such rule on the old policy guidelines as we applied on 18 dec 2012. And we had also received the letter from ukba stating the rules has changed from 31 jan 2013 and we will contact you on how this rules will effect your application, but we argued that ukba never contacted us and refused our application. Judge said this is not fare if the applicant has applied under the old policy guideline you cannot refuse them under the new policy guideline without contacting them to provide additional requirements under the new rule. Judge even said to ukba's lawyer that you are calling someone for dinner and then sending them back by providing sandwich? This is not fare. I will have to allow the appeal to applicant and suggested us to provide the required documents to ukba within 28 days. And asked ukba's lawyer to reconsider our case. It just took 15 minutes for all this. Now what will happen? Any expert advice please. And one more thing what will happen to the other refusal points about not providing the bank letter in correct format and third party issues which was related to I did not signed legal representative letter?

I noted that you were told by the judge to provide the required docs within 28 days and asked the HOPO to reconsider the case.This seems to me that your appeal is allowed to a limited extant which means that you will provide the relevant documents on the raised refusal issue and the HO will look into your application again.Now It is clear to you whether the judge has mentioned of 28days in the determination or you have just heard them verbally.If it is in the determination,you try your best to include all those docs which could support your application in reconsideration,particularly ,on the earlier raised issues of refusal.This will help you a lot .Attach a covering letter referring to the determination while sending your docs.

And if there is nothing mentioned about the time period in the determination,wait for the HO to ask you to do so or you can contact them either yourself or through your lawyer in order to know as what to send and where(which unit) to send.

Court said to submit the related documents without waiting for the for HO to contact you, so I submitted the new documents but HO has now gone to Upper Tribunal. Can anyone tell me that can I make a fresh application without leaving U.K under the PSW route again if I dont win the case in upper tribunal or I have to leave the country and make a fresh application from back home? My visa was expired on dec 2012 and since than this case is going on...

hi,

you have 28 days to apply again, so you can wait for the court decision, if you win the second court, they will send you your visa if not , you can reapply in 28 days ....