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Appeal dismissed now going to UT

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Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Appeal dismissed now going to UT

Post by Zaidii » Sun Feb 02, 2014 11:12 am

Hi everyone I need some expert advice. Timeline of my entrepreneur application.
Applied June 2013
Refused July 2013
Reason of refusal no appointment date on CAR (online version of CAR)
Appealed July 2013
Hearing 7-1-14
Appeal dismissed 22-1-14

Judgement states that evidential flexibility doesn't apply in my case.
Applied to get permission to go to upper tribunal on the 31-1-2014.

Now the situation is I will complete my 10 years November 2014
If I don't get permission to go to UT what options do I have in order to keep my long term residency chain valid till November ?
Any advice will be highly appreciated
Kind regards
Zaidi

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sun Feb 02, 2014 11:31 am

I have option to get sponsor from nhs for tier 2 however if I apply for tier 2 now it'll break my long term residency chain.
Any thoughts ?

Aadi.ji
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Location: Pakistan, islamabad
Mood:
Pakistan

Re: Appeal dismissed now going to UT

Post by Aadi.ji » Sun Feb 02, 2014 11:38 am

Zaidii wrote:I have option to get sponsor from nhs for tier 2 however if I apply for tier 2 now it'll break my long term residency chain.
Any thoughts ?
Hi
If you get tier2 then i don't think your 10 years long residency would break. 10 years long residency requirement says completing 10 years in any category and living for 10 years lawfully.

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sun Feb 02, 2014 12:01 pm

@aadi
Thank you for your reply. As I said I applied for Enterpreneur in June 2013 just before my psw expired. Until now my leave has extended under 3c but if I don't get permission to go to UT or if I do get permission but loose in UT. What options will I have?
Will I get 28 days at that stage to make a fresh/new application?
Will this break my long term residency chain?

Regards
Zaidi

Aadi.ji
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Location: Pakistan, islamabad
Mood:
Pakistan

Re: Appeal dismissed now going to UT

Post by Aadi.ji » Sun Feb 02, 2014 12:43 pm

Zaidii wrote:@aadi
Thank you for your reply. As I said I applied for Enterpreneur in June 2013 just before my psw expired. Until now my leave has extended under 3c but if I don't get permission to go to UT or if I do get permission but loose in UT. What options will I have?
Will I get 28 days at that stage to make a fresh/new application?
Will this break my long term residency chain?

Regards
Zaidi
Strictly speaking yes. But its very tricky. As i have been the victim of the same situation.

But yes if you get refuse from UT. You will be allowed 28 days to make a fresh application from the date you receive UT refusal letter.

Regards.

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sun Feb 02, 2014 1:14 pm

@adi

Thanks again, in that case what will happen with my long term residence chain?

Aadi.ji
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Location: Pakistan, islamabad
Mood:
Pakistan

Re: Appeal dismissed now going to UT

Post by Aadi.ji » Sun Feb 02, 2014 4:24 pm

Zaidii wrote:@adi

Thanks again, in that case what will happen with my long term residence chain?
People say it breaks. But i dont think. If we got section 3c or what ever it is. We have time allowed of 28 days to apply. Then how could it break.? I told you bro its a tricky one. Probably a good lawer could comment on this.

Regards

quantum1
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Re: Appeal dismissed now going to UT

Post by quantum1 » Sun Feb 02, 2014 5:48 pm

If you apply within the 28 days it will not break continuous residency. You will be ok.
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

Zaidii
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Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sun Feb 02, 2014 6:18 pm

@ quantum 1
Thank you for taking time to reply.
Now my appeal dismissal letter was sent out on the 22nd of January, I applied to get permission to appeal in UT on the 27th of jan.
Now for instance I don't get permission to appeal In UT and receive the letter on let's say 20th of Feb.
Will my 28 days time start from the 20th of Feb or would it be from the date of FTT decision which was the 22nd of January ?

Thanking you in advance
Zaidi

Shah05
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Re: Appeal dismissed now going to UT

Post by Shah05 » Mon Feb 03, 2014 3:35 am

@zaidii, this will break ur continuation of legal stay. But while applying for ilr, in that case ur overstay period will be disregarded. As far as you are making application within 28 days period after any appeal rejection or denying of UT application. Hope that will help.

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sat Feb 08, 2014 9:46 pm

Got acknowledgment today from court of my application for permission to go to UT.
How long will it take to get an answer?

Regards
Zaidi

Zee ali
Diamond Member
Posts: 1127
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Re: Appeal dismissed now going to UT

Post by Zee ali » Sun Feb 09, 2014 9:08 pm

Zaidii wrote:Got acknowledgment today from court of my application for permission to go to UT.
How long will it take to get an answer?

Regards
Zaidi
@Zaidi
Please keep us updating. Your posts may help us.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Mon Feb 10, 2014 12:59 am

@ zee Ali
Sure will keep you guys updated

Olasunkanmi
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Re: Appeal dismissed now going to UT

Post by Olasunkanmi » Sat Feb 15, 2014 12:34 am

@ Zaidii,

''Now the situation is I will complete my 10 years November 2014
If I don't get permission to go to UT what options do I have in order to keep my long term residency chain valid till November ?''


My advice is as follows on the condition that your business is presently trading;

(1) If you don't get permission to apply to UT from FTT, then submit an application to the UT for permission to appeal to the UT by completing form IAUT -1 and lodged with the UT no later than seven working days after the date on which the FTT refusal of permission was sent to you. This might take another 4-6weeks and If this permission is then refused then proceed to;

(2) Appeal directly to the UT and if UT also dismiss your appeal, then

(3) Apply direct to the Court of Appeal for permission to appeal
An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

If you follow the above advice, you will end up completing your 10yrs long residency before the third stage at the court of appeal and you can then add your 10yrs long residency as another ground of your appeal and the judge will have no choice than to allow your appeal at this stage.

I will advice you to consult professional lawyers with this plan and hear their opinion on the possibility.
The key to success is knowledge and hardwork, and to have faith.

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Sat Feb 15, 2014 3:00 pm

Thank you Olasunkanmi for the advice. Really appreciate it

rehan01
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Location: London

Re: Appeal dismissed now going to UT

Post by rehan01 » Sun Feb 16, 2014 4:23 am

Totally agreed with olasunkanmi as always accurate and very very helpful information and advice.

Keep it up

Regards
Olasunkanmi wrote:@ Zaidii,

''Now the situation is I will complete my 10 years November 2014
If I don't get permission to go to UT what options do I have in order to keep my long term residency chain valid till November ?''


My advice is as follows on the condition that your business is presently trading;

(1) If you don't get permission to apply to UT from FTT, then submit an application to the UT for permission to appeal to the UT by completing form IAUT -1 and lodged with the UT no later than seven working days after the date on which the FTT refusal of permission was sent to you. This might take another 4-6weeks and If this permission is then refused then proceed to;

(2) Appeal directly to the UT and if UT also dismiss your appeal, then

(3) Apply direct to the Court of Appeal for permission to appeal
An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

If you follow the above advice, you will end up completing your 10yrs long residency before the third stage at the court of appeal and you can then add your 10yrs long residency as another ground of your appeal and the judge will have no choice than to allow your appeal at this stage.

I will advice you to consult professional lawyers with this plan and hear their opinion on the possibility.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Wed Feb 19, 2014 3:58 pm

Hi there
Just called tribunal and been told that the permission has been granted to go to upper tribunal.

Regards
Zaidi

rehan01
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Posts: 1635
Joined: Fri Aug 10, 2012 6:05 am
Location: London

Re: Appeal dismissed now going to UT

Post by rehan01 » Wed Feb 19, 2014 4:33 pm

When was ur appeal allowed?

Regards
Zaidii wrote:Hi there
Just called tribunal and been told that the permission has been granted to go to upper tribunal.

Regards
Zaidi
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Wed Feb 19, 2014 4:51 pm

rehan01 wrote:When was ur appeal allowed?

Regards
Zaidii wrote:Hi there
Just called tribunal and been told that the permission has been granted to go to upper tribunal.

Regards
Zaidi

Hi Rehan my appeal was dismissed at FTT so I applied for the permission to go to UT which was granted. Now waiting for the hearing date.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 6:05 am
Location: London

Re: Appeal dismissed now going to UT

Post by rehan01 » Wed Feb 19, 2014 4:52 pm

Oh sorry i thought u won and ho challenged


Anyway good luck and all the beat

Regards
Zaidii wrote:
rehan01 wrote:When was ur appeal allowed?

Regards
Zaidii wrote:Hi there
Just called tribunal and been told that the permission has been granted to go to upper tribunal.

Regards
Zaidi

Hi Rehan my appeal was dismissed at FTT so I applied for the permission to go to UT which was granted. Now waiting for the hearing date.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Wed Feb 19, 2014 4:55 pm

@ Rehan

Thanks a lot Rehan. Do you know how long would it take to get the hearing date?

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 6:05 am
Location: London

Re: Appeal dismissed now going to UT

Post by rehan01 » Wed Feb 19, 2014 5:05 pm

U welcome and i have no idea but it shouldnt be as long as ftt

Regards

Zaidii wrote:@ Rehan

Thanks a lot Rehan. Do you know how long would it take to get the hearing date?
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

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

Re: Appeal dismissed now going to UT

Post by Olasunkanmi » Wed Feb 19, 2014 6:22 pm

Zaidii wrote:Hi there
Just called tribunal and been told that the permission has been granted to go to upper tribunal.

Regards
Zaidi
@ zaidii, are you using a lawyer for your appeal or you are doing it on your own?

Whatever the case, try to argue your case also on procedural deficiency apart from the evidential flexibility law. Make your argument to the judge that HO request that you should submit a specific CAR ordered from Companies House make absolutely no meaning as the one you submitted contain exactly the same information as the one HO want. Tell the judge that you did ordered the CAR from companies House but the difference is that you didnt pay and it was sent to you by email rather than through the post. Submit the e-mail confirmation sent by Companies House and argue that it shows that you actually ordered from them as required by HO but you only didnt pay and you dont see how the payment would have change the content in CAR as they are both the same.

You can also add human right ground to your appeal as you have spent substantial time in UK and argue that you are of good behaviour and proof that your business is doing well.
The key to success is knowledge and hardwork, and to have faith.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Appeal dismissed now going to UT

Post by Zee ali » Wed Feb 19, 2014 7:27 pm

zaidi brother good luck with your appeal at UT

Just want to know when u refuse from FTT how many days u had been given to apply to PTA to UT and

in how many days u received acknowledgement of approval from PTA to UT application

Regards
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Zaidii
Member
Posts: 139
Joined: Mon Jan 13, 2014 11:37 am

Re: Appeal dismissed now going to UT

Post by Zaidii » Wed Feb 19, 2014 7:58 pm

@ Olasunkanmi

Hi Olasunkanmi I'm using barrister. I have a meeting with him Monday and I definitely would discuss the points you've mentioned. Thanks again for taking time to reply.

Regards
Zaidi

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