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Withdrawl of an appeal: Any Moderator Please answer:

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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Extension2013
Member
Posts: 100
Joined: Fri Apr 26, 2013 8:48 pm
Location: Nottingha

Withdrawl of an appeal: Any Moderator Please answer:

Post by Extension2013 » Sat Jul 06, 2013 7:44 am

Hi all moderator and legal expert members:

Hope you are all well: I with my team member have our appeal in the tribunal against the refusal of decision on Entr:T1 in which hearing date is listed in November 2013.my Team member has some family problem outside the uk and he wishes to withdraw his appeal before the hearing date as he has to go to his country.

Yesterday my solicitor asked me to withdraw my appeal as well and to file fresh application with UKBA as one of the team member is going to withdraw his appeal.

This was a very annoying question and worrying situation for me to withdraw and pay further fee,however,the third party can provide a new letter mentioning that funds are wholly solly available to me for the business in the UK.

I shall be highly thankful to you moderator and any legal expert member of the forum if you may kindly help me out of this situation to answer whether there is any way available with tribunal to hear my appeal alone if the team partner has withdrawn his appeal. Please give me some evidence with your answer so that I can move forward in my appeal with the help.

Thanks a lot of everyone.

rsrameshsunil
Member
Posts: 186
Joined: Mon Mar 21, 2011 9:42 pm

Re: Withdrawl of an appeal: Any Moderator Please answer:

Post by rsrameshsunil » Sat Jul 06, 2013 11:21 am

Extension2013 wrote:Hi all moderator and legal expert members:

Hope you are all well: I with my team member have our appeal in the tribunal against the refusal of decision on Entr:T1 in which hearing date is listed in November 2013.my Team member has some family problem outside the uk and he wishes to withdraw his appeal before the hearing date as he has to go to his country.

Yesterday my solicitor asked me to withdraw my appeal as well and to file fresh application with UKBA as one of the team member is going to withdraw his appeal.

This was a very annoying question and worrying situation for me to withdraw and pay further fee,however,the third party can provide a new letter mentioning that funds are wholly solly available to me for the business in the UK.

I shall be highly thankful to you moderator and any legal expert member of the forum if you may kindly help me out of this situation to answer whether there is any way available with tribunal to hear my appeal alone if the team partner has withdrawn his appeal. Please give me some evidence with your answer so that I can move forward in my appeal with the help.

Thanks a lot of everyone.
I am not very sure about this but i will give you my opinion.

You may have applied as an entrepreneur team. But it was your own application. And you have your own right to appeal individually regardless of your team member's plans. Even if your team member gives up the plan and goes back to your home country, you have all the rights to become an entrepreneur as long as you can show full access to the money for yourself. Therefore go for an appeal and win it for yourself.

But its true that it might be complicating things as you have to explain all the details about team member while arguing your case. But nevertheless you can win.

Extension2013
Member
Posts: 100
Joined: Fri Apr 26, 2013 8:48 pm
Location: Nottingha

Re: Withdrawl of an appeal: Any Moderator Please answer:

Post by Extension2013 » Sat Jul 06, 2013 12:25 pm

rsrameshsunil:; Thank you very much for your quick reply and advice. Yes exactly when I have separate application with separate right of appeal but I don't know what my solicitor thinks. I can provide everything which is required individually. What do you think should I take the case from my solicitor for another good one.

Thanks again and have a very nice day ahead.

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