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Status Update- After Appeal Allowed

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

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shabbarkhanirfan
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Posts: 6
Joined: Tue Nov 04, 2014 4:02 pm

Re: Status Update- After Appeal Allowed

Post by shabbarkhanirfan » Wed Nov 19, 2014 2:48 am

Hi Landcruiser,
First of all !!!!! Congrats you got the visa...
I would like to ask you about the grounds you applied for your absence as I am going through the bad phase in my life.
I have similar situation in my case.

So if you could advise me that would be beneficial.
Jazakh allah khair

shabbarkhanirfan
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Posts: 6
Joined: Tue Nov 04, 2014 4:02 pm

Re: Status Update- After Appeal Allowed

Post by shabbarkhanirfan » Wed Nov 19, 2014 2:50 am

Hi Landcruiser,
First of all !!!!! Congrats you got the visa...
I would like to ask you about the grounds you applied for your absence as I am going through the bad phase in my life.
I have similar situation in my case.

So if you could advise me that would be beneficial.
Jazakh allah khair

shabbarkhanirfan
Newly Registered
Posts: 6
Joined: Tue Nov 04, 2014 4:02 pm

Re: Status Update- After Appeal Allowed

Post by shabbarkhanirfan » Wed Nov 19, 2014 2:51 am

Hi Landcruiser,
First of all !!!!! Congrats you got the visa...
I would like to ask you about the grounds you applied for your absence as I am going through the bad phase in my life.
I have similar situation in my case.

So if you could advise me that would be beneficial.
Jazakh allah khair

Landcruiser
Newly Registered
Posts: 21
Joined: Sun May 19, 2013 10:07 am

Re: Status Update- After Appeal Allowed

Post by Landcruiser » Wed Nov 19, 2014 2:52 pm

shabbarkhanirfan wrote:Hi Landcruiser,
First of all !!!!! Congrats you got the visa...
I would like to ask you about the grounds you applied for your absence as I am going through the bad phase in my life.
I have similar situation in my case.

So if you could advise me that would be beneficial.
Jazakh allah khair
Hi Shabbir ,

Thanks for the wishes. My grounds were purely based on the exercise of discretion by the home office due to compelling compassionate reasons . I was stranded in the Middle East while coming back from India due to an error made by the immigration authorities of KSA . Judge accepted them as exceptional reasons to exercise discretion . Anyways I was sometimes given rubbish advice by some members of this forum but it was all again Allah(swt) decision to come to me finally . If you have compelling grounds about which you can explain to them clearly ( please use a good solicitor for this as i regretted not using one when applying initially ) , then I am sure inshallah there won't be any issues in you securing ILR.

HSO
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Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Sat Dec 06, 2014 3:21 pm

nauman.rana wrote:Applied: 08/2012
Refused: 07/2013
Court Hearing: 12/2013
Decision Received: 31-01-2014
Home Offivmce asked for more Documents: 03/04/2014
BRP Received: 28/05/2014
Passport: 31/05/2014
Long Long Journey.
Thanks To Allah.

Hi,
Need some help.did you contact the home office,and what extra documents dos they ask for??My appeal allowed on 17/9/14 but I have not received any correspondence from home office.I would really appreciate your help ?

HSO
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Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Mon Dec 08, 2014 9:25 am

bus wrote:Dear Forum
thank you very much for all the Gurus, your kind advice regarding my process of visa
applied 12/12/12
refused 11/13
adjourned 2/2014
appeal hearing 05/14
visa allowed 9/14
after 19 months battle finally I won. I managed to find a good barrister from the forum who is well talented I am happy to give his contact any body who like to get his service he is a part time judge/ barrister, he is well professional.
I am happy to help you all if you need any clarification
all the best
:D


Hi,congrats.how long did it take after appeal decision before you received your passports back?My appeal allowed 17/9/14 but am still waiting for passports.Any advice to expedite the process.
Thanks

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KingNothing
Newbie
Posts: 35
Joined: Tue Feb 18, 2014 9:59 am
United States of America

Re: Status Update- After Appeal Allowed

Post by KingNothing » Thu Dec 11, 2014 11:36 pm

Dear All,
By grace of God the Compassionate the Merciful, I received my documents today. It was a long long process that made me mentally tired. The timeline is:

Applied: December 2012
Letter: February 2013 (Confirmation of Rule Changes)
Refusal: March 2013
FTT: January 2014
Appeal Allowed: February 2014
Home Office Challenged: February 2014
Challenge Refused: March 2014
MP Contact: November 2014
Home Office Asked for Documents: November 2014
Documents Received: December 2014
Bio-metric: Coming Soon!

I want to thank all of you dear friends who had been with me all these days... The days I could do nothing just wait. Specially, Olasunkanmi and Princess of Ammi who were trying their best to help.

I had friends with similar situation here... Sad.1, sintiaatm, Shah05, cyber_warez, Mrs.P, kkadiya and dancingguys... I am glad that most of you have received good results following your appeals and I think I am the last one of that batch.

All my friends, feel free to read my previous posts and I hope you succeed. Believe in something and try hard for it and you will see that God is there to help you.

I wish you all the best days ahead,
(Best of You)
Good Bye!

HSO
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Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Fri Dec 12, 2014 7:02 am

Hi Kingnothing
Congratulations that you received your passports.
I am waiting for my passports after appeal allowed 18/9/14.Could you please advise how you contacted ur mp as I have emailed him and phoned to get appt to see him but has not got any response.What documents did HO asked for again.
Many thanks

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KingNothing
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Posts: 35
Joined: Tue Feb 18, 2014 9:59 am
United States of America

Re: Status Update- After Appeal Allowed

Post by KingNothing » Fri Dec 12, 2014 7:41 am

Dear HSO,

I made a contact with my Local MP through E-Mail. He did not ask me for anything except Home Office reference number and date of last contact from them. He sent me a letter back from House of Commons with his name to tell me what actions have been done.

He was really helpful.

Home Office asked me a new copy of Third Party Support letter with verification from Solicitors. The problem was that I had 7 days to send it back and when I had received, three days were already gone. My third party is overseas. I had to do everything in Four days. I was lucky as they went to Solicitor same day and posted the letter back to me same day using Express Delivery. Then I had to take letter to solicitor here and post it back to Home Office. I made it even though it was a though job...

I hope you good luck with your application as well... Keep Calm and Carry on... And Believe

KingNothing

HSO
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Re: Status Update- After Appeal Allowed

Post by HSO » Fri Dec 12, 2014 7:43 am

Thank you KingNothing,
Wish you best.

HSO
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Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Sun Dec 14, 2014 1:46 am

Dear KingNothing,
I just wanted to know ,did you contact the home office regarding your documents?if yes how and to whom did you write?I would appreciate your help.

Many thanks
Regards
Hso

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KingNothing
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Posts: 35
Joined: Tue Feb 18, 2014 9:59 am
United States of America

Re: Status Update- After Appeal Allowed

Post by KingNothing » Sun Dec 14, 2014 9:40 pm

Home Office asked me for Fresh Third Party Letter.
They give me 7 days to post it back. I received it when I had only 4 days left. (3 days already in post).

My Third Party was overseas. I was lucky that they wrote the letter same day and found a lawyer to witness his signature and get the legal representative letter. They posted it same day with express delivery to UK.

I received it 3 days later and took it to solicitor here to witness my signature and add their legal representative witness statement. Then I posted all these letters with the Tag address they had already provided in their letter to me straight to case worker.

After 20 days they replied back sending my documents along with approval letter.

I think you should give Home Office some time like 3-4 months before you go to MP. In my case I already waited 8 months and I called several times without any results so I had no other option.

Thanks

ssb27
Newbie
Posts: 46
Joined: Mon Jan 27, 2014 12:43 pm

Re: Status Update- After Appeal Allowed

Post by ssb27 » Fri Dec 19, 2014 11:55 am

ssb27 wrote:Has anyone received their Visa after appeal allowed?

Applied: Jan 2014
Interview: March 2014
Refused: April 2014
Appealed: May 2014
Court hearing: July 2014
Appeal Allowed: July 2014
Fee refunded: September 2014
Visa/BRP: Still waiting

Can you please update on your status if appeal allowed and you are still waiting
Thanks.

A quick Update on my status:

Applied: Jan 2014
Interview: March 2014
Refused: April 2014
Appealed: May 2014
Court hearing: July 2014
Appeal Allowed: July 2014
Fee refunded: September 2014
Visa/BRP received: 18 December 2014.
BRP dated: 16 December 2014

Good luck to everyone waiting for their BRP and documents

HSO
Newly Registered
Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Fri Dec 19, 2014 1:36 pm

ssb27 wrote:
ssb27 wrote:Has anyone received their Visa after appeal allowed?

Applied: Jan 2014
Interview: March 2014
Refused: April 2014
Appealed: May 2014
Court hearing: July 2014
Appeal Allowed: July 2014
Fee refunded: September 2014
Visa/BRP: Still waiting

Can you please update on your status if appeal allowed and you are still waiting
Thanks.
Many many congrats on getting your visa and best of luck for future.Did you contact ho or mp?
Thanks


A quick Update on my status:

Applied: Jan 2014
Interview: March 2014
Refused: April 2014
Appealed: May 2014
Court hearing: July 2014
Appeal Allowed: July 2014
Fee refunded: September 2014
Visa/BRP received: 18 December 2014.
BRP dated: 16 December 2014

Good luck to everyone waiting for their BRP and documents

ssb27
Newbie
Posts: 46
Joined: Mon Jan 27, 2014 12:43 pm

Re: Status Update- After Appeal Allowed

Post by ssb27 » Fri Dec 19, 2014 2:59 pm

Hi HSO,

Yes I contacted Home Office and they gave me an address to write to my case worker which I did.
I was going to contact an MP last week but decided not to.

Best of luck.

HSO
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Posts: 19
Joined: Mon Dec 01, 2014 9:54 pm

Re: Status Update- After Appeal Allowed

Post by HSO » Fri Dec 19, 2014 7:08 pm

ssb27 wrote:Hi HSO,

Yes I contacted Home Office and they gave me an address to write to my case worker which I did.
I was going to contact an MP last week but decided not to.

Best of luck.
Thanks for your reply.I think I need to contact HO as
well .

Regards

yahyaa
Newbie
Posts: 41
Joined: Fri Mar 14, 2014 9:53 pm
Mood:

Re: Status Update- After Appeal Allowed

Post by yahyaa » Mon Dec 29, 2014 1:29 am

yahyaa wrote:Applied: July 2013
Interviewed: September 2013
Refused: November 2013

Appealed (FtT): December 2013
Appeal heard & dismissed: April 2014

Applied for permission to appealed to the UT: May 2014
Permission allowed: June 2014
Appeal heard at the UT and FtT's decision was set aside on the same day: July 2014
Further hearing to remake the decision at the UT: September 2014
Appeal allowed: October 2014

Apparently the HO has the right to apply to the Upper Tribunal for permission to appeal to the Court of Appeal within 10 working days. However, the HO representative at the Upper Tribunal informally told me that they normally don't appeal against any UT's decisions. Hope this is true. Anybody has any experiance like this? Please share if you do.

18 months have passed and now I just can't wait any longer to get my passport back with the visa on! Anyways, all the best for you guys who have their decisions/appeals pending! :)
Finally, all praises and thanks to God, I received my passport and biometric visa card this month! The whole process has been a prolonged (bad) experience for me, but I am so happy that it ended well! :) Good luck guys who are still waiting!

kreddy786
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Posts: 17
Joined: Tue Dec 30, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by kreddy786 » Tue Dec 30, 2014 10:34 pm

Hi All,

My tier 1 Entrepreneur visa application has been refused. My court hearing is on 12 jan 2015 at 10 am. Will you guys please help me knowing what sort of question being asked in court hearing by HO barrister. I'm feeling nervous about it. My business partner has court hearing on the same date at 11am. Could you guys talk me through this please.

Kreddy

vinny
Moderator
Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Re: Status Update- After Appeal Allowed

Post by vinny » Wed Dec 31, 2014 12:05 am

kreddy786, Please continue in other thread.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

silentuser
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Posts: 3
Joined: Mon Feb 24, 2014 6:23 pm

Re: Status Update- After Appeal Allowed

Post by silentuser » Thu Jan 01, 2015 2:24 pm

Applied: July 2012
Refused: July 2013
:x :x :x
Hearing: Jan 2014(FTT)
Refused: Feb 2014
:x :x :x
Hearing: May 2014(UT)
Adjurned
:x :x :x
Hearing: July 2014(UT)
Allowed: July 2014
:D :roll:
:) :roll:
:( :roll:
29 Months uptill now,
Still: :roll: :roll: :roll:
Seriously.

Rajux
Junior Member
Posts: 54
Joined: Sat Nov 15, 2014 4:11 pm

Re: Status Update- After Appeal Allowed

Post by Rajux » Thu Jan 08, 2015 9:50 am

[quote="saidulabedin"]apply date-11/12/12
refuse date-22/05/13
appeal date-5/12/13
appeal allowed date-12/12/13
fee back-12/01/14
document back still waiting,,

i don't no why ho take long time ,now is 1 year 10 month,still i don't gate any result, i send 2 letter to ho but no answer,,now please any one help me,what i need to do$$$$!!!!hi!I like to get any updates from you I'm being your ssame situation that my appeal was allowed in June 14 but I'm not get my documents from home office.

HSO
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Re: Status Update- After Appeal Allowed

Post by HSO » Fri Jan 09, 2015 8:04 am

Rajux wrote:
saidulabedin wrote:apply date-11/12/12
refuse date-22/05/13
appeal date-5/12/13
appeal allowed date-12/12/13
fee back-12/01/14
document back still waiting,,

i don't no why ho take long time ,now is 1 year 10 month,still i don't gate any result, i send 2 letter to ho but no answer,,now please any one help me,what i need to do$$$$!!!!hi!I like to get any updates from you I'm being your ssame situation that my appeal was allowed in June 14 but I'm not get my documents from home office.
Hi Rajux,
I think you should write to your local mp to enquire on your behalf.I wrote to my mp 4 weeks ago and yesterday my solicitor received a call from home office saying that they were processing our visa and needed the appeal determination copy.I hope I receive my Ilr soon ,inshaaAllah.
Thanks

HSO
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Posts: 19
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Re: Status Update- After Appeal Allowed

Post by HSO » Fri Jan 09, 2015 8:17 am

Choc-Ice wrote:Very interesting thread...Anyway I found some very very useful information to those waiting for appeal implementation. Even though an appeal has been allowed, HO can look at it in different ways. There're different type of deteminations! Please read below..

Appeal Allowed - Appeal remitted to the respondent (Caseworker)

Where the appeal has been allowed to the extent that it has been remitted back to the Respondent and the port/casework section that refused the original LTE/LTR should review their decision to refuse taking into account the determination. If the casework section still considers the decision to refuse LTE/LTR is the right decision they should re-issue the decision direct to the appellant and/or their representatives.

Appeal allowed - no Directions given
HO receives an allowed determination and Tribunal has not given directions. SAT has not applied to court for the case to be reviewed.

Appeals are considered on the basis of the facts at the time of the original application not at the date of the appeal hearing. An allowed appeal means that the IJ has ruled that the HO was wrong to refuse LTR not that the applicant is entitled to LTR.

HO should normally issue Leave within 8 weeks of receiving the determination unless:

there has been a significant and material change in circumstances since the refusal decision of which the IAC would be unaware;

or
there has been a material deception which has come to light of which the Immigration Judge would not have been aware;

or
the results of checks that instigated prior to refusing applicant came back after the appeal was heard.

If the above circumstances apply, HO should first consider challenging the determination.

Re-refusing an application where appeal allowed but no directions given

Caseworkers should normally act in accordance with a determination unless the circumstances above applies.

Before re-refusing an applicant, caseworker must first ask the UKBA Specialist Appeals Team (SAT) to challenge the decision (see above). If the SAT challenge the decision, the Caseworker must take no action until UKBA inform them of the final appeal determination.

Senior Manager must endorse any re-refusal. The refusal notice must make it clear why caseworker was not prepared to grant TR. All new reasons for refusal must be factual and be supported by relevant documentation / evidence.

HO receives an allowed determination and the Immigration Judge has directed that LTR is issued.


There is a statutory duty under Section 87(2) of the 2002 Act for the caseworker to comply with directions, unless the determination is subject to further appeal.

Caseworker has no power to re-refuse an application if an immigration judge has 'directed issue' of LTR. HO must issue the LTR in accordance with the immigration rules.
Hi,
Thanks for such informative post.My appeal was allowed and the judge wrote in directions:"all appeals allowed under immigration rules". ,what does that mean??does it mean that I will get ilr or the caseworker can still refuse?
Thanks

Rajux
Junior Member
Posts: 54
Joined: Sat Nov 15, 2014 4:11 pm

Re: Status Update- After Appeal Allowed

Post by Rajux » Fri Jan 09, 2015 6:07 pm

HSO wrote:
Rajux wrote:
saidulabedin wrote:apply date-11/12/12
refuse date-22/05/13
appeal date-5/12/13
appeal allowed date-12/12/13
fee back-12/01/14
document back still waiting,,

i don't no why ho take long time ,now is 1 year 10 month,still i don't gate any result, i send 2 letter to ho but no answer,,now please any one help me,what i need to do$$$$!!!!hi!I like to get any updates from you I'm being your ssame situation that my appeal was allowed in June 14 but I'm not get my documents from home office.
Hi Rajux,
I think you should write to your local mp to enquire on your behalf.I wrote to my mp 4 weeks ago and yesterday my solicitor received a call from home office saying that they were processing our visa and needed the appeal determination copy.I hope I receive my Ilr soon ,inshaaAllah.
Thanks
Hi@saidulabedin thanks your response yes I did contact my local Mp 3 weeks before... Now I'm waiting the replay please keep updates your progress.Rajux

HSO
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Posts: 19
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Re: Status Update- After Appeal Allowed

Post by HSO » Wed Jan 14, 2015 8:41 pm

Hi everyone,
Just wanted to update ,,my passports with brp have arrived with my solicitor.Will go tomorrow to pick them up .Thanks a lot everyone for the support and advice.I pray that everyone waiting for their documents receive their documents soon.Best of luck.
Hso

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