Hearing Date is Close

[nagisons]

Hi Everyone,


I have got hearing date of 24th October 2013. they asked me for evidential Bundle send to Court and HO.

- I have only Current Appointment report is Missing.
- In the Refusal Letter, they didn't give me any Points for available fund.
- Total Points which I got only for Maintenance and Language.



Can anyone Help me in this regards
I will appreciate your help.

Regards

[PAK]

Dear don’t worry, your case is very simple and 100% same with my friends because my two friends already wins their appeals and received theirs visas. You need to provide only Current Appointment Report and during hearing mention that UKBA not followed Evidential Flexibility Policy if they need any thing then they contact me. In Sha Allah you will win it and after that I hope you will let me.

[nagisons]

Thanks for your advice.

I have Bit confusion because i have No representative. I'm having hearing myself.

Now what documents i need to send them.

- Current Appointment Report
- Evidential Flexibility
- Anything Else ??


JazakAllah

[RizKCB]

A very casual way to prepare your appeal. Isnt it?

Why they mentioned you have not available funds? In this case you might have to send your updated statement as well.

For missing C.A.R? If HO rep questions you;
Did you read guidance policy before applying? YES/NO
At xyz page it states to send C.A.R then why did you miss it??

Evidential Flexibility is a privilege NOT a right. For claiming that privilege, you might have to justify why are you entitled for it? Wrong selection of words and improper body language might take away this privilege.

[nagisons]

Hi,

Thanks for your advice.

- I read Complete Guide.
- basically i rung them to send report, due to miss communication they send me the Incorporate certificate. I Paid £20 for the certificate.
- while my application was under consideration, i have ordered one more document from Company house. Unfortunately the second document was same as "incorporate certificate" Even i paid £60 for the same certificate to complete my cross check. it was as silly act when i received same certificate and realized i have sent right document to Home Office. I have both invoices with me.

Because they mention that

"The Companies House Incorporation Certificate that you have submitted is not sufficient evidence as it is not a specified document and does not demonstrate that you are the director of the company."

any help in this Case

JazakAllah

[Olasunkanmi]

Hi,

Thanks for your advice.

- I read Complete Guide.
- basically i rung them to send report, due to miss communication they send me the Incorporate certificate. I Paid £20 for the certificate.
- while my application was under consideration, i have ordered one more document from Company house. Unfortunately the second document was same as "incorporate certificate" Even i paid £60 for the same certificate to complete my cross check. it was as silly act when i received same certificate and realized i have sent right document to Home Office. I have both invoices with me.

Because they mention that

"The Companies House Incorporation Certificate that you have submitted is not sufficient evidence as it is not a specified document and does not demonstrate that you are the director of the company."

any help in this Case

JazakAllah

@ Nagisons, as RizKCB pointed out that you need to focus on ''Evidential flexibility'' and explain to the judge that the caseworker should have contacted you and ask you to submit CAR within their normal 7days.
You should explain to the judge that you actually forgot to submit the CAR and try not to prove that the certificate of incorporation is the same as CAR.

CAR are normally sent by companies house same day by e-mail and free of charge if you request through the companies house web portal. So get a recent one and take it along with you for your appeal to present to the judge and make sure that you have been a director on the documents before your visa application was submitted so that HO wont have any other excuse.

As others on the forum have explained, most judges always focus on the main point of refusal but few forum members have also had experience where HO ask some other question during appeal and if the judge is not on your side, such judge might allow the question rather than asking the HO representative to focus on the main point of refusal.

So you should think very well before going for the appeal hearing on your own and see if you will be able to answer unusual questions by yourself rather than letting a barrister do this for you.