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Tier 1 Entrepreneur Appeal

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Urgentquery
Newly Registered
Posts: 5
Joined: Mon Nov 05, 2012 10:36 am

Tier 1 Entrepreneur Appeal

Post by Urgentquery » Mon Nov 05, 2012 10:45 am

I applied for Tier 1 Entrepreneur in country from current Student visa
application reached a decision of refusal on the basis of English. Actually,i had put in a covering letter that the English exam has been appeared for and results of C1 due in 3 weeks. The caseworker wrote a letter requesting the same in 7 days. The certificate had arrived and was posted, for which i have the proof of posting, but never reached to the UKBA. guess, royal mail lost it.
Case refused and now given a right of appeal.

1.How many merits do you think the appeal has to win it?
2.any similar experiences in dealing with an appeal?
3.What should i go for Oral or written hearing?
4.any particular references to be made in order to support my appeal from any previous judgements that members may be aware of?
5.Should i take the help of solicitor or the case is too simple for me to explain and for the judge to approve?
6.if judge approves do i get an approval letter for Tier 1 or the case goes back to the UKBA for the assessment, in this case i am worried about the time if it resets the counter that i had to wait for this decision from the UKBA
7.how much time is taken by the tribunal to reach a decision, the entire process as i have further travel plans to my home country. Everything has been disrupted for now.

Kindly, advise ASAP need to lodge the appeal in next 5 working days.

Urgentquery
Newly Registered
Posts: 5
Joined: Mon Nov 05, 2012 10:36 am

Post by Urgentquery » Tue Nov 06, 2012 7:11 am

Kindly answer my query moderators. I have to appeal before the deadline of 5 days.
I highly appreciate your replies.

tuliprose
Member of Standing
Posts: 350
Joined: Wed Jan 07, 2009 9:23 pm
Location: Greater London

Re: Tier 1 Entrepreneur Appeal

Post by tuliprose » Tue Nov 06, 2012 12:04 pm

Urgentquery wrote:I applied for Tier 1 Entrepreneur in country from current Student visa
application reached a decision of refusal on the basis of English. Actually,i had put in a covering letter that the English exam has been appeared for and results of C1 due in 3 weeks. The caseworker wrote a letter requesting the same in 7 days. The certificate had arrived and was posted, for which i have the proof of posting, but never reached to the UKBA. guess, royal mail lost it.
Case refused and now given a right of appeal.

1.How many merits do you think the appeal has to win it?
2.any similar experiences in dealing with an appeal?
3.What should i go for Oral or written hearing?
4.any particular references to be made in order to support my appeal from any previous judgements that members may be aware of?
5.Should i take the help of solicitor or the case is too simple for me to explain and for the judge to approve?
6.if judge approves do i get an approval letter for Tier 1 or the case goes back to the UKBA for the assessment, in this case i am worried about the time if it resets the counter that i had to wait for this decision from the UKBA
7.how much time is taken by the tribunal to reach a decision, the entire process as i have further travel plans to my home country. Everything has been disrupted for now.

Kindly, advise ASAP need to lodge the appeal in next 5 working days.
Hi

I think you have got very good chance to win in oral appeal.

I have seen many cases like this and judges consider it. You may need to hire a very good and confident immigration lawyer.

You may need the followings to argue:

1. Proof that you had already mentioned in your covering letter that certificate will take 3 weeks to arrive.

2. Proof that you were issued C1 pass certificate before refusal.

3. Get a kind of proof that Royal mail has acknowledged that they have lost it.

4. Arrange another C1 certificate from issuing body of your English language test. (not necessarily at the time of appeal, but you must have it when you go to hearing).

5. Just appeal within allocation time.

Good luck

saeedusman
Member of Standing
Posts: 264
Joined: Fri Jan 15, 2010 12:06 am

Post by saeedusman » Tue Nov 06, 2012 7:57 pm

Follow the "tuliprose" advice and also keep all other documents upto date with you when going for appeal.

Also get a fresh maintenance and investment funds statement with you.

Best of luck

Urgentquery
Newly Registered
Posts: 5
Joined: Mon Nov 05, 2012 10:36 am

Post by Urgentquery » Wed Nov 07, 2012 9:44 am

saeedusman wrote:Follow the "tuliprose" advice and also keep all other documents upto date with you when going for appeal.

Also get a fresh maintenance and investment funds statement with you.

Best of luck
Thank you Tuliprose and Saeedusman.

Highly appreciate your tips. filled in more confidence, i have all the evidences gathered as listed guys..

one more thing i wanted to ask is, Lets say if the judge agrees to my appeal and say's you win. What is next?
Does the application get forwarded to the UKBA again to the caseworker to check the documents again or it is the end of the application, the judge awarded that means i got the Visa.
I am just worried about the time if it gets sent back to the UKBA. It has already taken 3.5 months and another 3.5 months will be a lot of time.
Do UKBA or Judge at the time of oral hearing take time to verify the documents?
Kindly, drop me your experience.
Also, if you can reckon any good reasonable solicitors who can help at the oral hearing.

many thanks.

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