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Judicial Review Application - Tier 1 (Entrepreneur)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Bhinderatwal
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Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Bhinderatwal » Sat Nov 24, 2018 2:34 am

Hi ravian
Have you heard anything back from home office?

Onlyravian
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Posts: 16
Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Sat Nov 24, 2018 1:13 pm

Hi All,

My three months from the date of signing of consent order ended on 26th October. I did not hear back from the SSHD which means the terms of the consent order weren’t honoured. I chased treasury solicitor for update. I received the legal cost back in my account on 29th October. Then, I received email on 5th November from Sheffield for the interview scheduled on 8th November. After giving interview, I received another email on 20th November from the decision making centre in Sheffield asking me to provide the evidence showing the the funds of £3310 for 90 days prior to application. I replied back on same day and provided same bank statement which I provided with my application in Jan. Now, I am again waiting and keeping my fingers crossed. I’ll post all the details when I hear back final decision.

Best regards,

Onlyravian
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Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Mon Dec 03, 2018 2:10 pm

Dear All,

Surprisingly after being interviewed on 8th Novemever, another interview called up today and scheduled on 6th December. It is going to be my second interview after agreeing to the consent order and overall third interview. I am wondering if there anyone who has been in the similar situation and what to expect as everything has already been discussed about the business plan in detail jn last interview.

Best regards,

Amalik166
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Posts: 10
Joined: Fri Mar 02, 2018 12:05 pm
Canada

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Amalik166 » Sat Dec 08, 2018 6:36 pm

Hello,

I have read your thread. How was your interview on 6th December?

I am thinking to prepare a PAP however my deadline is 16th December and my lawyer is abroad on holiday. Can I prepare this myself in such a short period of time for the tier 1 entreprenuer visa extension? Please advise.

Many thanks in advance.

Onlyravian
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Posts: 16
Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Sat Dec 08, 2018 7:17 pm

Dear Amalik,

The interview was of two hours again but the questions were mostly the same and slightly more focus on business plan than the information on application form. I still don’t understand what was the purpose of this second interview.

PAP is just a formality and you can prepare yourself the grounds for PAP and it is very likely that the ECM will not change the original decision. You should actually prepare for JR and this is where you would actually need a solicitor/Barrister to carefully draft your grounds.

All the best.

Best regards,

Amalik166
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Posts: 10
Joined: Fri Mar 02, 2018 12:05 pm
Canada

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Amalik166 » Mon Dec 10, 2018 2:25 am

Thank you for your response.

I am trying to draft a PAP - if you don't mind could you share your PAP as an example?

It is strange that they are interviewing you repeatedly. Really hard to guess what the Home Office is thinking - often seem to just be wasting time.

Bhinderatwal
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Joined: Thu Aug 23, 2018 3:20 am

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Bhinderatwal » Thu Jan 17, 2019 7:45 am

Onlyravian wrote:
Sat Dec 08, 2018 7:17 pm
Dear Amalik,

The interview was of two hours again but the questions were mostly the same and slightly more focus on business plan than the information on application form. I still don’t understand what was the purpose of this second interview.

PAP is just a formality and you can prepare yourself the grounds for PAP and it is very likely that the ECM will not change the original decision. You should actually prepare for JR and this is where you would actually need a solicitor/Barrister to carefully draft your grounds.

All the best.

Best regards,
Hi
I just want to ask you have you heard back anything because I am still waiting for home office reply no interview call yet .i chased up twice but they said still in process. Can you please share your experience.
Regards

Onlyravian
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Posts: 16
Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Tue Jan 29, 2019 4:50 pm

No response yet after second interview in December. I’ll keep you guys posted as soon as I hear back something from HO.

Best regards,

Onlyravian
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Posts: 16
Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Fri Feb 01, 2019 7:24 pm

Dear all,

I am please to inform you that SSHD has finally overturned the original decision and has decided to grant entey clearance. Today, I have received the email. I’ll update the timeline of the whole process as I get my passport back.

All the best and if you are in the same boat, I would say, be patient, don’t get frustrated and follow the due process.

Best regards,

nomanturab
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Joined: Sun Nov 01, 2015 12:35 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by nomanturab » Sun Feb 03, 2019 6:52 pm

That's great news!! congrats.

Bhinderatwal
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Posts: 5
Joined: Thu Aug 23, 2018 3:20 am

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Bhinderatwal » Wed Feb 06, 2019 2:41 am

Onlyravian wrote:
Fri Feb 01, 2019 7:24 pm
Dear all,

I am please to inform you that SSHD has finally overturned the original decision and has decided to grant entey clearance. Today, I have received the email. I’ll update the timeline of the whole process as I get my passport back.

All the best and if you are in the same boat, I would say, be patient, don’t get frustrated and follow the due process.

Best regards,
Many congrats and best of luck

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Tue Feb 26, 2019 5:27 pm

Need to now about rest of the people.... waiting for PAP response.....

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Sun Mar 03, 2019 5:21 pm

Received email on 6 December 2018 that HO is reconsidering my case after I filed PAP, I was given three months time....still waiting for a positive reply any one is similar situation.....Need guide......

Onlyravian
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Posts: 16
Joined: Tue Sep 22, 2009 10:47 pm

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Onlyravian » Wed Mar 06, 2019 4:21 pm

Final post regarding Tier1 Application. I have received my passport today with a visa stamp. My timeline is as follows:

Tier 1 Application - 50k route (Venture Capital firm)

Initial application - 04/01/2018
Interview Invitation - 18/01/2018
Interview - 24/01/2018
Refusal decision - 29/01/2018
Administrative Review - 21/02/2018
AR decision - 07/03/2018
Pre-Action Protocol - 06/04/2018
PAP decision - 23/04/2018
Judicial review Application - 05/06/2018
Acknowledge of service by HO with consent order - 26/06/2018
Amended consent order to HO - 12/07/2018
GLD agreement on CO - 16/07/2018
CO signed by both parties - 20/07/2018
GLD filed CO to teibunal - 23/07/2018
Response from Upper Tribunal for JR withdrawal - 26/07/2018
Interview invitation - 05/11/2018
Interview - 08/11/2018
HO asked for bank statement - 20/11/2018
Interview Invitation - 03/12/2018
Interview- 06/12/2018
New decison - 01/02/2019
IHS paid - 05/02/2019
Passport submitted - 06/02/2019
Grant of Entry Clearance - 06/03/2019


All the best guys.

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Thu Mar 07, 2019 7:36 pm

Thanks and best of luck for your future....

asphand
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Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Wed Mar 13, 2019 2:31 am

Dear Aamirkhan777 any update on your PAP?
Aamirkhan777 wrote:
Sun Mar 03, 2019 5:21 pm
Received email on 6 December 2018 that HO is reconsidering my case after I filed PAP, I was given three months time....still waiting for a positive reply any one is similar situation.....Need guide......

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Thu Mar 14, 2019 7:06 pm

Dear Asphand,
Yes I have received email from Home office that they have overturned their refusal decision, and in 7 days I would receive email from IHS for payment.
What about your case????

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Wed Mar 20, 2019 5:52 pm

Dear Asphand,
Your and mine case are exactly the same two team members, one was interviewed on phone with same scenario and other on Skype , dates and timelines of each situation is same . I am waiting for your reply hope and pray everything goes in your favor....

asphand
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Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Sun Mar 31, 2019 10:38 pm

Dear Aamirkhan777...sorry I just saw this. So I got an email to be interviewed again and so was my partner. I am in Sydney so I told them I can't return to Pakistan as I am here for Business. Also, given the airspace closure in Islamabad it is not possible to return. They accepted the reason and interviewed me on the phone and my partner in Islamabad. The questions were the same, however, a few trick questions were added which I think we answered in the best possible way. Not sure how long they will send us a decision now. Have you received your passport?

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Mon Apr 01, 2019 6:17 pm

Good to hear from you.... I was waiting for your reply very anxiously. Their is little difference in our case as previously the scenario and timelines were exactly the same as yours. We prepared a very strong PAP case by replying to Each and every objections raised and highlighted the wrong assumptions. HO overturned their refusal decision in March 2019. On 30th March we received IHS link for the payment of fee. Today we have submitted our passports. And have no idea when we will get them back.

Honestly, it was very frustrating and disappointing time. We have a successful and accomplish business in Islamabad. We were shocked to see the refusal letter as it was absolutely ridiculous, based on quoting out of context, misinterpretation of replies which were given to different questions and in different context. Even questions asked during the interview were different as mentioned in the letter. Word which I never uttered during the entire 2 hours interview was stated ..... can you believe....The time and energy put in with lots of emotions ... lot can be written in detail but all in well when it's end well.
The lesson learned never give up when you are Right... defamaormation law is very helpful in wrongly assessed cases as ours.....

Lots of prayers for you.. keep us up dated....hope to hear good news from your side soon....

asphand
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Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Thu Apr 25, 2019 11:46 pm

Dear Aamirkhan777,

We are still waiting...were interviewed on March 29 and a month is about to pass. I feel they may reject again since they may be taking their time to write the refusal letters. If they do, we will file PAP again and go into Judicial Review. As you mentioned, we have been running our business quite successfully in Pakistan and other developing countries for the past 25 years. The refusal they gave was based on the idea that the Case Officer did not understand our business. It is very frustrating to explain to someone who doesn't know what we do...also how can a non-entrepreneur evaluate an established entrepreneur is beyond me. Anyway, I still have some faith in the system lets hope it is restored a 100%!

All the best and I wish you good luck for your future in the UK!

Best regards,

Asphand




Aamirkhan777
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Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Sun Apr 28, 2019 6:48 pm

Dear thanks for your reply, rest sure and hope for the best. As far I understand delay is better if they want to refuse they could have done it earlier. In our case every reply was delayed as per timelines given or set by home office in replying....

I can really comprehend your situation at this moment but all we can do it wait and wait and hope for the best.....

Since one month we are waiting for our passports to be returned.... so need lotssssssssss of patience.... do up date on your case .... lots of prayers..... for you

Aamirkhan777
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Posts: 13
Joined: Sat Nov 03, 2018 5:54 pm
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Mon May 13, 2019 12:20 pm

Dear Asphand
It's been long time not heard from you...... today Alhamdulillah I received my passport today....
Hope to hear good news from you.....

asphand
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Posts: 16
Joined: Mon Aug 06, 2018 5:46 am
Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by asphand » Sun Jun 02, 2019 1:00 am

Dear Aamir,

Salaam sorry did not see this again and we still have no news till now. I am pretty sure that it'll be another rejection since they have taken 2 months now since the phone interviews. I don't understand why they would take so much time unless they are writing a more robust refusal even though I thought we had excellent interviews and made sure our answers matched and were comprehensive. Anyway, everything happens for the best so let's wait and see what happens. You are probably in the UK by now...please let me know if you need any help as I have a lot of family there.

All the best,

Asphand

Aamirkhan777
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Pakistan

Re: Judicial Review Application - Tier 1 (Entrepreneur)

Post by Aamirkhan777 » Sun Jun 02, 2019 7:59 pm

Aoa dear asfand yes we were in UK and getting the card was easy it was in the nearest post office all we had to do was.... collect it , and now we are in the process of making a company there. regarding ur case I hv no doubts in ur case it will be in ur favour the delay is only due to work load by home office the best thing u can do is send them a gentle reminder.
Regards
Amir

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