Paper Appeal

[toby23]

Hello Everyone

Here is a brief history of my case:

Applied 50K category:22nd FEb
Refusal: 3rd May
Appeal : 13th May


Reason : Contract not signed by other party.
The contract was written in a way that neither party had to sign it.
I signed the contract, my "timesheet" was signed by manager.
Nature of Business Investment Consultancy.


I applied for oral appeal but now im seeking advice from a new lawyer and he suggested that it was a silly reason , as caseworker didnt read the documents properly and i should go for a paper appeal.

Can anyone please advise?
Has anyone won a paper appeal ?

Toby

[chella]

hello
Just go for oral hearing thats having more chances to win than paper .
thanks

[top]

Do not ever go for paper based determination(appeal) as Judges may need to clarify more points because they see a case through different angles you or your representative being there can answer those could lead to a decision in your favor can not happen in paper based appeal when different aspects within a case need more discussion.

thanks...

[toby23]

Thanks for the reply... im still considering options. I have filed an oral appeal but i was suggested there is nothing much to argue about. My lawyer has won few oral and paper appeals so thats why i was planning to a take chance.

Can anyone tell me if they have won any paper appeal ? and btw how many people in total are discussing their Tier 1 visa here on this forum.

Any rough/approx numbers ?


Toby

[Lola22]

People have more chances of success with oral appeal but issues that are not complicated can go through paper appeal.

If that is the only reason of refusal and you and your solicitor can provide a good ground of appeal with necessary supporting document. I think you should be fine.

Good luck.

[Aryaa]

Hi

I am also trying to decide between a paper and an oral appeal!

what happens if a paper appeal is rejected? Is there still a chance to do an oral appeal?

Thanks

[Lola22]

@ Aryaa,

You have to choose either oral or paper appeal and a decision will be made based on the process you choose.

What is the reason of refusal?

[Aryaa]

I was refused on the following

1. Bank letter (my dads) doesn't state regulator.
However, the banks authority and regulator number is in the footer of the letter - I don't know why it wasn't considered!

2. No separate legal rep letter - my dad verified using a commission of oaths stamp and signature !!! Bummer!!!

3. Contracts - no details of service.
Although my contracts state the service being provided. There's no detailed description - I didn't know this was necessary! If I did I would have sent my Statement of Work contract for each client.

I applied for a 50000 basis and on my own

Thanks

[Lola22]

I did not understand your second reason of refusal. Did you submit a seperate letter from your third party and where is the third party?

If you are going to appeal on this refusal. You have to go for oral appeal and you have to make sure you get a good solicitor.

Good luck.

[Aryaa]

Thanks a lot

[Lola22]

You are welcome! Oral appeal could be more expensive but it is a better option.

You are meant to ve submitted a seperate letters from your third party. A letter from a solicitor and a seperate letter from your third party confirming that he is going to give you the funds.

I will advice you read the poilcy guidance again and get all the necessary document ready.

I wish you good luck.

[toby23]

Hi Lola

thanks for the reply, yes that was the only reason my application got rejected. I think i would go for the paper appeal as its much quicker.

Toby

[Lola22]

Reason : Contract not signed by other party.
The contract was written in a way that neither party had to sign it.
I signed the contract, my "timesheet" was signed by manager.
Nature of Business Investment Consultancy.

@ Toby.

Paper appeal are for standard appeal when all the documents were provided in the first place or if there need to be little clarification.

It's good to hear that it is the only reason of refusal but I do not know if the type of contract you submitted will be okay or enough to explain on paper or not.

If you have submitted an oral appeal, why don't you go ahead with it? With this, you will be able to clarify any further doubt or misunderstanding.

You can only go with the paper appeal if the matter is straight forward, your solicitor knows how to write a good grounds of appeal, and have explained it to you, you have the relevant document to support your case.

Good luck.

[toby23]

Hi Lola

thanks for the reply again. Well its a consultancy contract between my company and randstadsourceright (if you have heard of them). My lawyer said that the case is straight forward.

My contract was with randstad but i was working for prudential as a contractor.In the contract it was mentioned that "Contract binds randstad and my company and i will be working for Pru as a consultant."

I got two letters to support my case:

a) letter from randstad confirming that its not their practice to sign the contract as the contract clearing says that neither party is obligated to sign it and section XX in the contract confirms that.
To further clarify the matter they said on the letter that XX company (my company) was hired and im the appointed consultant from XX company.
The letter also says that Im NOT an employee of randstad or pru. They also confirmed that timesheet was signed byXXX who is an employee of pru.

b) letter from pru that im NOT an employee , contract was between randstad and XX company and im the appointed consultant to work for Pru who is the client as mentioned in the contract.

My lawyer said its better to go for paper appeal as their is nothing much to argue about. All the papers were given in the first place and it was case worker's clerical mistake/clerical error that she didnt read the documents properly nor asked for any clarification and rejected the visa. So UK BA charged us the money to process the visa but failed to process the visa.

I'm waiting for a hearing date but will hopefully change it to paper appeal.

Let me know if you need more info as it will be good to hear your advice.

Regards

Toby

[Lola22]

That's fine.

Just note that UKBA are really working on reducing the number of migrant (especially Tier 1 Entreprenuer applicant) as much as they can even when all requirement are met.

So make sure you get your visa. Make use of the maximum opportunity that u have. I would rather go for oral appeal if I have the opportunity to choose.

Which law firm are u using?

[Manu_cal]

That's fine.

Just note that UKBA are really working on reducing the number of migrant (especially Tier 1 Entreprenuer applicant) as much as they can even when all requirement are met.

So make sure you get your visa. Make use of the maximum opportunity that u have. I would rather go for oral appeal if I have the opportunity to choose.

Which law firm are u using?

I am getting the feeling that they might just change the right to appeal the way they are refusing on meaningless grounds. Most probably it was unexpected for them to get such a high number of applications in the 50k cat.