Judicial Review Application - Tier 1 (Entrepreneur)

[Evicra]

HO is backing out and they have recently sent me a consent order to settle the dispute outside the court. Otherwise, you are right it is expensive and tidious process.

Beat regards,

then its better you get some legal advice.

[Bhinderatwal]

Just to update everyone on this forum, I lodged application to Upper Tribunal on 05/06/2018 to seek the permission for Judicial Review on paper. Yesterday, 29/06/2018, I have received acknowledgment of service from HO as they don’t want to contest this in court and have proposed a consent order. The terms are:

They will review the application within three months if I withdraw the JR application and there be no order as to costs.

Is it a good good idea to accept their proposal to settle this dispute outside the court knowingly they may come up with frivolous grounds again to refuse the entry clearance?

Is it possible to negotiate the time period with HO such as four weeks instead of three months?

It it possible to ask them to agree to pay reasonable (from PAP onward) costs?

Please advise and share your experience if any one of you has been through similar situation?

Bests regards,

I am on the same voat . Last month I received the same consent order after filed jr . But my solictor advice me to accept home office offer but don’t know what they goona do with in 3 months. refuse again or interview again
Please update me if you get any reply from ukba
Thx

[Onlyravian]

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,

[Bhinderatwal]

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,

We applied after my wife tier2 visa curtailed . it was 50 k venture capital application and after refused we left the UK and came back but applied for jr . I haven’t heard anything back from them after sign consent order
Good luck

[asphand]

Hi Ravian,

Any update since you last posted? I am in the same boat and preparing a PAP but I do understand a PAP is just a formality.

I have sent them amended consent order asking them to pay reasonable legal costs and they have agreed straight away. Then, both parties signed the consent order and was sent to the upper tribunal. I received sealed consent order from the the upper teibunal dated 26th July. It is almost a month now and two more to go. I have similar questions in my mind but I’ll update my timline on this forum as soon as i hear from them.

You are entitled to your legal costs and you should ask them to pay since you are getting full relief from HO. Even after winning JR the case would have been reconsidered the way it is being reconsidered now.

Where did you apply? Is it 200k application? What is your timeline?

Best regards,

[Bhinderatwal]

Hi ravian
Have you heard anything back from home office?

[Onlyravian]

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]

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]

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]

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]

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]

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]

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]

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]

That's great news!! congrats.

[Bhinderatwal]

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]

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

[Aamirkhan777]

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]

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]

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

[asphand]

Dear Aamirkhan777 any update on your PAP?

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]

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]

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]

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]

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....