URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

J_Sinh · Post by **J_Sinh** » Mon Mar 10, 2014 3:07 pm

URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Dear All – urgent advice needed please! Will greatly appreciated!

I applied for a T1Ent visa switching from a PSW. Unfortunately I was refused with no right to appeal. Brief history of my application:

Applied: 14 Nov 2014
Biometric Taken:
Interview: 7 Jan 2014
Refused: 22 Jan 2014

The ground of refusal is (non point scoring reason) of paragraph 245DD(h) ref (i). Basically the caseworker feels that I am not capable of doing business in the UK.
The business I had setup was an engineering consultancy, registered on 15 august 2013.
I was refused with no right of appeal cause HO says I applied on the 15th of Nov 2013 where they got that from not sure??? I have checked the postal doc from the lawyer and it was sent out on the 14 Nov 2013 so if the postal rule applies then I applied on time!!! I have also checked on Royal Mail website they received the doc on the 18 that was when it was signed for; so okay benefit of doubt lawyer not playing games.
I was given all points and very low concern on my immigration history, I am mean I have achieved all what I came here for:
2006-2007: foundation year at Leeds (waste of time) but any way add to my time 2007-2010: BEng
2010-2011: MEng
2011-2013: PSW
My lawyer has sent a reconsideration on the 4th of Feb 2014, still no reply now he want to put a PAP before JR my question what chances do I stand cause I am fed up cause I am getting T2 job offers but cant apply for them cause I have right to appeal! Well my aim is to apply for the 10 years PR will it cause issues and is the lawyer just fooling me? What should I do??? please help

J_Sinh · Post by **J_Sinh** » Mon Mar 10, 2014 3:18 pm

Sorry forgot to add
2007-2010 BEng

rooney0511 · Post by **rooney0511** » Mon Mar 10, 2014 3:31 pm

Sent you a PM. please check

J_Sinh · Post by **J_Sinh** » Mon Mar 10, 2014 3:32 pm

Guys pls all advice is welcome !

J_Sinh · Post by **J_Sinh** » Mon Mar 10, 2014 3:35 pm

rooney0511 wrote:Sent you a PM. please check

I can not view a private message mate !

rooney0511 · Post by **rooney0511** » Mon Mar 10, 2014 3:36 pm

J_Sinh wrote:
rooney0511 wrote:Sent you a PM. please check
I can not view a private message mate !

Call me

Olasunkanmi · Post by **Olasunkanmi** » Wed Mar 12, 2014 2:39 am

@ J_Sinh, if you have evidence that your application was submitted on time, then send your appeal form to the tribunal and if you can proof that you submitted before visa expires, the judge will grant you an appeal right.

But since your refusal has been since January, the appeal might not be accepted now but there is no harm in trying your luck and if that fail, make sure you submit JR request letter within 90days of your refusal.

J_Sinh · Post by **J_Sinh** » Wed Mar 19, 2014 8:31 pm

@Olasunkanmi

"@ J_Sinh, if you have evidence that your application was submitted on time, then send your appeal form to the tribunal and if you can proof that you submitted before visa expires, the judge will grant you an appeal right."

I dont get what you mean above ? but my lawyer sent a reconsideration to the caseworker on 4 feb 2014, he didn't even bother to reply so we have sent out a PAP on 14 march 2014, given them 14 days to respond or will file for a JR.

@Olasunkanmi can you get in touch with me via email will really like to ask you some questions please !
livingdead_j@hotmail.com

khan jee · Post by **khan jee** » Thu Mar 20, 2014 12:04 am

hi
i think if u go for jr your 10 years long residency will have problem so please make sure before u go for jr

Olasunkanmi · Post by **Olasunkanmi** » Thu Mar 20, 2014 2:37 am

@ J_Sinh, what I meant in my last post is that you should have submitted appeal form within 10days of refusal even without HO giving you the right of appeal and it will be left to the judge to decide if you will get the appeal right base on your evidence.

I also stated that you should go for JR within 90days of refusal and I noted that your lawyer have already started that process with the PAP letter which in my opinion will make the HO to eventually withdraw their decision.

Best of luck.

J_Sinh · Post by **J_Sinh** » Thu Mar 20, 2014 11:15 pm

@khan jee

I have asked my solicitor and he says it should be fine ! but will do some research into it . Thnx

J_Sinh · Post by **J_Sinh** » Thu Mar 20, 2014 11:29 pm

@ Olasunkanmi

Thanks for your clarification.

I guess that was why my lawyer sent the letter for reconsider of their decision but "tweedle dee and tweedle dum" "HO and Caseworker" did not even bother to reply.

If I knew all this from before I would taken my business idea to another country I mean I have had enough all this nonsense !

Mr Legal · Post by **Mr Legal** » Sun Mar 23, 2014 8:01 am

Hi J_sinh:

If your concern is just the one day gap preventing the HO to grant you right of appeal,I think you should be fine and your lawyer has choosen the correct course of action by sending a reconsideration request.your request of reconsideration will identify to HO the wrong done by them and it may return to you with right decision.Further,you have right to file a judicial review and I believe that your lawyer must have mentioned in reconsideration your next course of action if the reconsideration fails which you can use as PAP and you can file your JR within 3 months of the date of first/original decision.

So don't be stress,stay relaxed and look forward for a positive response from HO.

J_Sinh · Post by **J_Sinh** » Tue Mar 25, 2014 12:39 pm

@Mr Legal

Thanks for your advice and consolation I feel a lot better !

Will keep you all posted on new development !

INDIANBABE1 · Post by **INDIANBABE1** » Thu Apr 10, 2014 1:34 pm

PLEASE HELP!!!

I have just received my refusal this afternoon with no rights of appeal. This is my second application and they have denied it for the following reasons;
1. I have over-stayed over the periods of Feb-Nov 2013 (in which I did not as this was when I made my initial application and it was refused and went to the Tribunal) and in Nov 2013 I re-applied all over again. This was not taken into consideration at all.

2. the funds that were in my UK Lloyd's account were queried as they do not believe the funds were genuinely there for the business. I had supplied information on the transfer from Malaysia and all relevant documents but they did not take this into consideration.

3. They specified that my company does not have a website, which I have clearly specified with the full address details of it on my covering letter

4. They say me and my other business partner provided contradicting information during the interview, and this is a LIE. The person that interviewed me was so lazy and did not even write all what i mentioned to him at the interview and it only lasted 20minutes!!!! When asked if this is recorded, he said NO. My business partner was able to make his interviewer write down detailed notes when he realised it was not recorded but this did not impact in a positive manner at all!!!! (Now, because they are only dependent on what this interviewers write on a piece of paper I am not happy that the person can chose what they wish to write down) If it were being recorded there is strong evidence to show me and him were contradicting information BUT HOW CAN THEY PROVE THIS?

5. They are questioning the client we did a contract with, stating that the client we used does not have a permanent stay in the UK? How is it their business who we have as clients?

My question is what is my next step!!! I judicial review going to help me in anyway. I do not know any process and neither do I have a lawyer, as in my initial application I used a lawyer and he turned out to be a sham one!! Therefore I am requesting for someone to please advise me on what can I do next.....

TQ

J_Sinh · Post by **J_Sinh** » Thu Apr 24, 2014 9:32 pm

@INDIANBABE1

Sorry!!! I have not been on the site for a while can you pls email me your phone no it makes talking things easier you can find my email on above post

rgds
J_Sinh

J_Sinh · Post by **J_Sinh** » Fri Apr 25, 2014 1:02 pm

INDIANBABE1 wrote:PLEASE HELP!!!

I have just received my refusal this afternoon with no rights of appeal. This is my second application and they have denied it for the following reasons;
1. I have over-stayed over the periods of Feb-Nov 2013 (in which I did not as this was when I made my initial application and it was refused and went to the Tribunal) and in Nov 2013 I re-applied all over again. This was not taken into consideration at all.

2. the funds that were in my UK Lloyd's account were queried as they do not believe the funds were genuinely there for the business. I had supplied information on the transfer from Malaysia and all relevant documents but they did not take this into consideration.

3. They specified that my company does not have a website, which I have clearly specified with the full address details of it on my covering letter

4. They say me and my other business partner provided contradicting information during the interview, and this is a LIE. The
person that interviewed me was so lazy and did not even write all what i mentioned to him at the interview and it only lasted 20minutes!!!! When asked if this is recorded, he said NO. My business partner was able to make his interviewer write down detailed notes when he realised it was not recorded but this did not impact in a positive manner at all!!!! (Now, because they are only dependent on what this interviewers write on a piece of paper I am not happy that the person can chose what they wish to write down) If it were being recorded there is strong evidence to show me and him were contradicting information BUT HOW CAN THEY PROVE THIS?

5. They are questioning the client we did a contract with, stating that the client we used does not have a permanent stay in the UK? How is it their business who we have as clients?

My question is what is my next step!!! I judicial review going to help me in anyway. I do not know any process and neither do I have a lawyer, as in my initial application I used a lawyer and he turned out to be a sham one!! Therefore I am requesting for someone to please advise me on what can I do next.....

TQ

@INDIANBABE1

Sorry!!! I have not been on the site for a while can you pls email me your phone no it makes talking things easier you can find my email on above post

rgds
J_Sinh

sal-man1 · Post by **sal-man1** » Wed Apr 30, 2014 10:05 pm

HI

NEED HELP
APPLIED FOR ENT ON THE LAST DAY OF MY VISA EXPIRED AND THEY GOT THE APPLICATION ON FOLLOWING DAY BUT GOT REFUSAL WITH NO RIGHT OF APPEAL ON 02/04/2014

MY LAWYER SENT THE LETTER TO HO AND CASEWORKER FOR THE RIGHT OF APPEAL AND LODGE THE APPEAL WITHIN THE 10 DAYS BUT STILL NO REPLY FROM THE HO.

WHAT SHOULD I DO KNOW.. ANY KIND OF ADVICE IS HELPFUL FOR ME.

REGARDS

infolegis · Post by **infolegis** » Thu May 01, 2014 3:39 pm

Hi, the chances of you getting a Tier 2 visa after being rejected for a T1 visa is very low! If you need any more help please feel free to message me

J_Sinh · Post by **J_Sinh** » Fri May 02, 2014 11:26 am

infolegis wrote:Hi, the chances of you getting a Tier 2 visa after being rejected for a T1 visa is very low! If you need any more help please feel free to message me

@infolegis why is that ??? what if the T2 sponsor is top rated one and your job is on the shortage list (I mean not one of those t2 sponsor who are asking for money) this legit T2 sponsor on a multinational corp.

J_Sinh · Post by **J_Sinh** » Fri May 02, 2014 11:46 am

sal-man1 wrote:HI

NEED HELP
APPLIED FOR ENT ON THE LAST DAY OF MY VISA EXPIRED AND THEY GOT THE APPLICATION ON FOLLOWING DAY BUT GOT REFUSAL WITH NO RIGHT OF APPEAL ON 02/04/2014

MY LAWYER SENT THE LETTER TO HO AND CASEWORKER FOR THE RIGHT OF APPEAL AND LODGE THE APPEAL WITHIN THE 10 DAYS BUT STILL NO REPLY FROM THE HO.

WHAT SHOULD I DO KNOW.. ANY KIND OF ADVICE IS HELPFUL FOR ME.

REGARDS

@sal-man1 I had the same problem, I was so stressed since feb cause I was stateless and had the bad experince of see HO van enforcement van at my local barbers lucky enough I was not asked any questions

But I am bit concern of the step your layer has taken cause that was the step I now have expected my to take but in my case this is what she has done :

1st week fed 2014 sent a reconsideration request
1st week march PAP
1 week April filed a Judicial Review
april last week received an acknowledgement from Treasury solicitor that they have received my bundle on 10 april need 21 days to reply.
april last week received refusal with reference to fed letter and have now granted me rights of appeal.

now I am filing an appeal, I feel that I have been ripped off because the JR cost me a lot and now he ask me to pay for appeal his reason is that how would have gone to a lower tribunal when weren't given the right of appeal well i did some reading and it sort of make sense cause the lower tribunal deal with appeal cases, so in essence you need a right of appeal in order to go to the lower tribunal or your case will be ignored. The upper tribunal I where you can challenge the decision. Look I am no expert in the same boat as all and especially lawyer the don't say the truth in UK. Good place to do some reading is http://www.justice.gov.uk/tribunals/immigration-asylum

BlackBirdSSG · Post by **BlackBirdSSG** » Fri May 02, 2014 12:34 pm

If you are not given appeal rights, you must first fight for it by filing through Pre-Action Protocol for Judicial Review.

Make sure you put all the proof. Filing appeal without having appeal rights will result in refusal. Let the JR court instruct Tribunal courts to allow Appeal rights.

J_Sinh · Post by **J_Sinh** » Fri May 02, 2014 2:55 pm

tanvir1985th · Post by **tanvir1985th** » Fri May 02, 2014 8:52 pm

Olasunkanmi wrote:@ J_Sinh, if you have evidence that your application was submitted on time, then send your appeal form to the tribunal and if you can proof that you submitted before visa expires, the judge will grant you an appeal right.

But since your refusal has been since January, the appeal might not be accepted now but there is no harm in trying your luck and if that fail, make sure you submit JR request letter within 90days of your refusal.

dear olasunkanmi pls answer to the following thread http://www.immigrationboards.com/uk-tie ... 63728.html

Immigrationboards.com: Immigration, work visa and work permit discussion board

URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!

Re: URGENT! REFUSAL!!! NO RIGHT TO APPEAL!!!