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Status Update- After Appeal Allowed

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priyapiya
Junior Member
Posts: 61
Joined: Sun Aug 25, 2013 6:36 pm

Re: Status Update- After Appeal Allowed

Post by priyapiya » Fri Feb 21, 2014 4:07 pm

Does anyone have any good news ??????????

Smartpen
Member
Posts: 152
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Fri Feb 21, 2014 7:21 pm

Hi everyone,

Today I called to Tribunal regarding my fees refund, they told 'HO will refund your money in 12weeks time and if you got any enquiries email to appealsfeesenquiries@homeoffice.gsi.gov.uk'. It's been 6weeks for me.

My question is do can I call to home office and ask regarding refund and status. I see So far many board members called to HO, but my solicitor said don't call HO pls be patience.

Regards,
Smart

Khan_3_5
Newly Registered
Posts: 22
Joined: Tue Jan 21, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by Khan_3_5 » Fri Feb 21, 2014 7:55 pm

Smartpen, I email to HO on the said email and after a week I got reply saying that they don't have my details on their system. Bear in mind my appeal was allowed in end of November 13. In the email I was told to wait as it may be on its way from the Tribunal :)

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Fri Feb 21, 2014 9:31 pm

It's been 12 weeks for me since my appeal was allowed. But I haven't received any refund either. I think when they process your application it's then when they refund the appeal fee. But hard to say anything coz some have got their fee refunded and are still waiting. I am waiting for everything. Can't wait more but can't do anything either. And I guess there is no harm in calling HO to ask for status update it doesn't hamper the situation. But in your case (smartpen) your solicitor might have asked you to wait coz it's just been 6 weeks and usual wait time as per HO website is to wait for 8-12 weeks before contacting them. Until it's an emergency. So I guess if there is no rush you can wait and contact them later. I contacted HO after the 8th week passed and will do again next week.

newentrepreneur
Newly Registered
Posts: 2
Joined: Fri Feb 21, 2014 11:44 pm

Re: Status Update- After Appeal Allowed

Post by newentrepreneur » Sat Feb 22, 2014 12:01 am

Hearing date was in sept
Money refunded in Oct
Visa received in December

Smartpen
Member
Posts: 152
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Sat Feb 22, 2014 11:51 pm

Goblin wrote:It's been 12 weeks for me since my appeal was allowed. But I haven't received any refund either. I think when they process your application it's then when they refund the appeal fee. But hard to say anything coz some have got their fee refunded and are still waiting. I am waiting for everything. Can't wait more but can't do anything either. And I guess there is no harm in calling HO to ask for status update it doesn't hamper the situation. But in your case (smartpen) your solicitor might have asked you to wait coz it's just been 6 weeks and usual wait time as per HO website is to wait for 8-12 weeks before contacting them. Until it's an emergency. So I guess if there is no rush you can wait and contact them later. I contacted HO after the 8th week passed and will do again next week.
Thnq very much Goblin, as you said I will wait....

Thanks a lot for reply.

Regards,
Smart

saraswat1
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Posts: 35
Joined: Sat Dec 08, 2012 3:04 pm
Location: United Kingdom
Contact:

Re: Status Update- After Appeal Allowed

Post by saraswat1 » Sun Feb 23, 2014 2:03 am

Smartpen wrote:
Goblin wrote:It's been 12 weeks for me since my appeal was allowed. But I haven't received any refund either. I think when they process your application it's then when they refund the appeal fee. But hard to say anything coz some have got their fee refunded and are still waiting. I am waiting for everything. Can't wait more but can't do anything either. And I guess there is no harm in calling HO to ask for status update it doesn't hamper the situation. But in your case (smartpen) your solicitor might have asked you to wait coz it's just been 6 weeks and usual wait time as per HO website is to wait for 8-12 weeks before contacting them. Until it's an emergency. So I guess if there is no rush you can wait and contact them later. I contacted HO after the 8th week passed and will do again next week.
Thnq very much Goblin, as you said I will wait....

Thanks a lot for reply.

Regards,

aarnavi
Newly Registered
Posts: 15
Joined: Fri Feb 21, 2014 7:19 am

Re: Status Update- After Appeal Allowed

Post by aarnavi » Sun Feb 23, 2014 3:16 pm

Hearing date: 03 feb 2014
Court decision date : 07 feb 2014
Received decesion :10 feb 2014
Current status : pending

priyapiya
Junior Member
Posts: 61
Joined: Sun Aug 25, 2013 6:36 pm

Re: Status Update- After Appeal Allowed

Post by priyapiya » Mon Feb 24, 2014 4:01 pm

Hearing date was in dec
Money refunded in jan
still waiting ..........................

appeal786
Newbie
Posts: 47
Joined: Mon Sep 16, 2013 10:00 am

Re: Status Update- After Appeal Allowed

Post by appeal786 » Mon Feb 24, 2014 4:35 pm

Appeal allowed in November, today received letter asking few documents. Team application 50k..
1. Bank statement to show the funds still available.
2. Contract copy. 3. Sposnsor letter as we showed funds in different accounts.
3. Evidence to prove that we doing graduate level job.
We are running a security company and I used soc code 1174 security manager, thats level 4 occupation. I showed contract of providing security services but they said its not level 4. But it is level 4 on soc list.
Now question is how to prove that im doing level 4 occupation. Please help. Other thing about sponsor letter if we follow their sample in guidance Annex e. It says letter from financial institutions. How to provide that letter?

Smartpen
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Posts: 152
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Tue Feb 25, 2014 9:29 am

appeal786 wrote:Appeal allowed in November, today received letter asking few documents. Team application 50k..
1. Bank statement to show the funds still available.
2. Contract copy. 3. Sposnsor letter as we showed funds in different accounts.
3. Evidence to prove that we doing graduate level job.
We are running a security company and I used soc code 1174 security manager, thats level 4 occupation. I showed contract of providing security services but they said its not level 4. But it is level 4 on soc list.
Now question is how to prove that im doing level 4 occupation. Please help. Other thing about sponsor letter if we follow their sample in guidance Annex e. It says letter from financial institutions. How to provide that letter?
Hi appeal786,

As per the soc codes 2000 1174 is in NVQ level4 but we must follow soc code 2010 table i.e. 1174 conversion index code became 3319 which is also in NVQ level 4. You can have look conversion index table in soc codes PDF document page no 23.

Can you pls wait for more experts suggestions..... What will they say....

Thanks & regards,
Smart

Smartpen
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Posts: 152
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Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Tue Feb 25, 2014 10:13 am

Hi frnds,

Can you pls tell me what happens if there is gap for £50k. I still have money but there was a 1 1/2 month gap due to my business partner separated in January. Now I have funds in my accounts £10k in uk bank + £40k in overseas.

Will the HO ask continuous statement or just funds availability statements?

Thanks & regards,
Smart

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Tue Feb 25, 2014 10:28 am

Hi Smartpen,

As far as my knowledge is concerned there is no rule which says that Funds should be held for a specific period. It's just for maintenance a period of 90 days. But obviously, it sounds more genuine if funds are held in an account rather than reflecting in your account 1 or 2 days before HO requests for statement of funds again. If they do. And, moreover, if any question arise you have a reason that your partner pulled out. So I guess, it's all fine. Just try and keep the funds at one place now.

[quote="Smartpen"]Hi frnds,

Can you pls tell me what happens if there is gap for £50k. I still have money but there was a 1 1/2 month gap due to my business partner separated in January. Now I have funds in my accounts £10k in uk bank + £40k in overseas.

Will the HO ask continuous statement or just funds availability statements?

Thanks & regards,[/quote]

aarnavi
Newly Registered
Posts: 15
Joined: Fri Feb 21, 2014 7:19 am

Re: Status Update- After Appeal Allowed

Post by aarnavi » Tue Feb 25, 2014 10:53 am

After appeal allowed to extend tmthe case goes to same casecase worker
allowed to extend means can they find another reason?
Or asked for diff point than refusal
your help much needed

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Tue Feb 25, 2014 11:06 am

Hi Aarnavi,

Don't know much about it, copied pasted this from another user's reply. Hope it will help.

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.

Smartpen
Member
Posts: 152
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Tue Feb 25, 2014 11:12 am

Thnq very much Goblin,


aarnavi,
my solicitor told me case will go to same case worker and they will open file once they finished their current allocated files. He also said "before issuing visa if they have any doubts they will ask for documents but they don't have rights to refuse straight away after appeal".

Thanks
Smart

Khan_3_5
Newly Registered
Posts: 22
Joined: Tue Jan 21, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by Khan_3_5 » Tue Feb 25, 2014 2:39 pm

With much delight I would like to inform you guys that today I received my BRP, finally!!! Appeal fee to be returned yet.

Just to refresh your memories;
Applied Feb 2013
Refused May 2013
Appeal Nov 2013
BRP Feb 2014!

Smartpen
Member
Posts: 152
Joined: Tue Apr 16, 2013 10:18 am
Location: London

Re: Status Update- After Appeal Allowed

Post by Smartpen » Tue Feb 25, 2014 3:34 pm

Congrats Khan_3_5

good news.....

:shock: did they haven't refund your fee?

Anyways we need BRP.... You got that.... Congrats again....Chillout....
Smart

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Tue Feb 25, 2014 3:54 pm

Congratulations, that's a really good news. Good luck

[quote="Khan_3_5"]With much delight I would like to inform you guys that today I received my BRP, finally!!! Appeal fee to be returned yet.

Just to refresh your memories;
Applied Feb 2013
Refused May 2013
Appeal Nov 2013
BRP Feb 2014![/quote]

Khan_3_5
Newly Registered
Posts: 22
Joined: Tue Jan 21, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by Khan_3_5 » Tue Feb 25, 2014 5:38 pm

Thanks Smartpen and Goblin.
Yeah no refund yet but hey who cares about refund now. Took almost 12 weeks to process again, What a relief!

PAK
Newbie
Posts: 33
Joined: Tue Jul 02, 2013 8:26 pm
Location: LONDON

Re: Status Update- After Appeal Allowed

Post by PAK » Tue Feb 25, 2014 6:32 pm

Alhamdulillah my appeal is allowed.
Hearing date: 30/01/14
Decision date: 13/02/14
Letter issue date: 21/02/14
Received date: 25/02/14
Please tell me the meaning of decision I am bit confused.

DECISION WORDING IS:
I allow the appeal of the appellant because the decision was not accordance the law and accordingly the decision remains outstanding for the respondent to determine. No anonymity direction is made.

Khizar
Junior Member
Posts: 78
Joined: Thu Apr 11, 2013 9:18 pm

Re: Status Update- After Appeal Allowed

Post by Khizar » Tue Feb 25, 2014 6:48 pm

Khan and Pak .... Heartiest congratulations to both of you for a long awaited victory.
May you be successfull in future as well and all our fellow brothers and sisters who are legally fighting for their cases.
Congrats again.

Goblin
Junior Member
Posts: 57
Joined: Tue Feb 04, 2014 11:03 pm

Re: Status Update- After Appeal Allowed

Post by Goblin » Tue Feb 25, 2014 8:02 pm

Hey Pak,

I am not so sure, but I think it means it has been allowed for reconsideration. So depending upon your reasons for refusal, case worker might request further docs for verification if they want to make any further checks or they can even straight away issue you your visa. But nonetheless it's good news. So now just relax and wait for you BRP to come. Hopefully, shouldn't be too long. You should receive it in a time frame of 5-12 weeks. Good luck.

[quote="PAK"]Alhamdulillah my appeal is allowed.
Hearing date: 30/01/14
Decision date: 13/02/14
Letter issue date: 21/02/14
Received date: 25/02/14
Please tell me the meaning of decision I am bit confused.

DECISION WORDING IS:
I allow the appeal of the appellant because the decision was not accordance the law and accordingly the decision remains outstanding for the respondent to determine. No anonymity direction is made.[/quote]

Khan_3_5
Newly Registered
Posts: 22
Joined: Tue Jan 21, 2014 10:26 pm

Re: Status Update- After Appeal Allowed

Post by Khan_3_5 » Tue Feb 25, 2014 9:09 pm

Khizar wrote:Khan and Pak .... Heartiest congratulations to both of you for a long awaited victory.
May you be successfull in future as well and all our fellow brothers and sisters who are legally fighting for their cases.
Congrats again.
Thanks Khizar, much appreciated.

GainKnowledege5
Newly Registered
Posts: 7
Joined: Sun Dec 15, 2013 12:21 pm

Re: Status Update- After Appeal Allowed

Post by GainKnowledege5 » Wed Feb 26, 2014 9:09 am

Any Updates Guys??
as i mentioned before
My appeal date was 29th nov, 2013
appeal allowed on 10th dec, 2013
refund received 10th jan, 2014
been waiting since almost 11 weeks for documents to come back...
What if they dont give a decision in 12 weeks?
HO management sucks big time!!

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