Thank God! Had my appeal yesterday and I won!

I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.

Well-done hope you will get the quick response from the HO in form of Approval and BRP
All the best

congratulation really happy to hear this can you please tell me where was your hearing held?
and what did you prepared for CAR? because i have the rejection of not providing the CAR when i went to my lawyer he showed me the bundle which he received from home office and on that app form it was ticked from my lawyer that he have provided it but still i am confused has he really attached one or not? so what was the argument you prepared for this refusal i have my hearing next month please share your knowledge with me thanks.

lily2013 wrote:I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.

Thanks Kashnex. I pray HO will be quick to send my approvals.

Thanks Sad.1.
I had my hearing at Hatton Cross. We didn't need to argue the missing CAR issue because the HO rep could see it in my application bundle so she just jumped straight to the next refusal reason.

I hope they find yours in the bundle too. You can go to court with a fresh copy just in case. All the best to you, just pray and hope for the best.

Thank you very much I hope they found it too in my bundle.....,but I don't know I don't trust my lawyer any more....did you actually took bank statement with you? That your money is still available?

lily2013 wrote:Thanks Kashnex. I pray HO will be quick to send my approvals.

Thanks Sad.1.
I had my hearing at Hatton Cross. We didn't need to argue the missing CAR issue because the HO rep could see it in my application bundle so she just jumped straight to the next refusal reason.

I hope they find yours in the bundle too. You can go to court with a fresh copy just in case. All the best to you, just pray and hope for the best.

The bank statement was not for the 50k but my business account just to show that business is trading and active

Congrats

Congrats.

Thanks kokopop and Lola22. I called ukba yesterday to follow up and I was told to wait that my application is still in progress. I don't know if it was because of my call or just my luck, today I received a letter from ukba dated and posted yesterday asking me to submit my bank details for the appeal refund. I pray my brp card and passport will follow shortly.

Hi, Congrates!!

I also received a letter from UKBA regarding filling my bank details in order to get my appeal fee refund.
But does this mean UKBA will issue my visa although I haven't heard from them after 2 weeks since my appeal has been allowed by the judge

any ideas?? pls help

HI
Yes u will get your visa soon thats why HO asked you for your bank details. I think you will get your BRP and docs in few weeks


gud luck

Goodmorning,

adi786: many thanks for your quick reply.
I am glad to hear that after almost 1 and a half years struggling with my visa application!!

Thank god

Hi All,

I want to ask can we claim back our lawyer fees as well from Home Office since all the troubles we gone through- wasting time & money with this visa,,,

Hope can get some advice

Thanks

Just an update!!! I received the appeal refund back to my nominated account yesterday 29th, January. I didnt know the HO can be this efficient as I only just posted the completed form for appeal refund on Saturday. I hope they can also be this efficient to process and send out my BRP cards and documents asap.

Congrats Lily!!!

Thanks itk.

@ Huehue I hope you have received a refund too. If not fingerscrossed it will be soon.

Hi Lily2013,
I am really struggling with my witness statement. I need your help
Thanks

Hi Lily,

I get my refund appeal back 1 week ago.
I didn't expected that quick.

Anyone have any idea when can we get our visa back?

And lastly, can we claim back our lawyer fee from HO?

Many thanks

Many congratulations to lily & huehue.

@huehue, it's your decision to choose the lawyer to represent ur case, in this case I don't think so u can claim your money which u spend towards ur lawyer.

congratulations and all the best for future.

regards

lily2013 wrote:I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.

Congrats and well-done !

By the way, what is a witness statement ?