Help please! Documents for hearing

[Meng]

Hi everyone, my hearing date is next Friday (18/10/2013) and they said I should post all the documents to the tribunal by the end of this week. But I may not be able to get all the document within this time. What would happen if I use a document during the hearing that I didn't sent to them?

Thank you so much

[nagisons]

hi,



Reasons for refusal Please.

[khan_81]

Is it a solicitor representing you or you urself?

[Meng]

Hi, I have a solicitor, but he's not as professional as he should be, so I don't want to rely on him fully.

Reason for refusal is they said I said "the contract is only valid on receipt of Tier 1 visa grant" during the interview and "No financial remuneration changed hands yet-visa pending" .

I did not say anything like "only valid" cause it is a valid contract, but that was what interviewer wrote on the transcript. And I told the interviewer that the reason for "No financial remuneration" is I didn't have a business account, which because I didn't have enough time on my visa by the time I registered the company.

According to the interviewer's comment (documents from home office), I am a genuine investor, but the case worker made an opposite decision.

I don't know if I've made myself clear. Anyways, the lawyer said I will definitely get this visa and I really really need this visa, so that's what I'm trying now. But honestly, I'm not sure about my chance to win the appeal with this awful lawyer:(

Is there anyone that has been to the appeal know anything about the documents? Should I literally post "ALL" the documents to the tribunal before hearing or is it ok if I bring something extra on the hearing day?

Thank you

[top]

Dear Sir,

what you said whilst interview(that you say you did not) is what they would try to prove while hearing. what could have been done since refusal to make situation clearer if you arranged more contracts, invoices issued to service receivers and possibly invoices issued to who you signed contract with at the 1st place.

having above in place a business and business activity can not be suspected

[Olasunkanmi]

You can take with you to the appeal hearing documents which you cant send to the tribunal as most judges accept further documents on hearing day if you have good reasons of not sending them before.

Also, did u had PSW when you submitted your application? If yes, then you should already be trading and don't stick with the excuse that you are waiting for visa to be granted before starting business.

If you had already start trading, then take along with you to the appeal all your business invoices and necessary docs if you cant post them before appeal date.

[sean80]

was granted reconsideration for my psw, so HO requested for my document, submitted all, then i was refused based on maintenace on the 21th sept 2013
with right of appeal. so the question is

1.i applied for psw on the 30th of march 2012 with complete document, i had 1100 pounds as oppose to the 800 requested in my account from 8th dec 2011 till 10th march 2012, and my lawyer even stated they can count from 10th of march upwards or from 8th of dec downwards which is more than 90days requested..but on the 11th to 13th of march 2012 it has dipped by 40 quid from 800pound remaining 760.

then this is HO decision states as follow
WE HAVE ASSESED MAINTENACE FUNDS FROM THE PERIOD OF 15TH DEC 2011 TO 13 MARCH 2012 FROM THE EVIDENCE PROVIDED YOU HAVE NOT SHOWN THAT YOU MAINTAINED THE MINIMUM LEVEL OF AVAILABLE FUNDSFUNDS THROUGHOUT THIS FULL 90DAYS PERIOD AS SPECIFIED UNDER APPENDIX C OF THE IMMIGRATION RULES.THIS IS BECAUSE ON THE 12TH AND 13TH OF MARCH 2012 FUNDS FELL BELOW 800 WITH THE MINIMUM BALANCE BEEN 760 POUNDS.
NOTE, THAT ALTHOUGH YOUR REPRESENTATIVE HAS DATED THAT THEY WISHED FOR THE PERIOD TO BE ASSESED 90 DAYS BACKWARDS FROM 10MARCH 2012 ,IN LINE WITH THE IMMIGRATION RULES WE ASSESS THE MAINTEANACE PERIOD FROMTHE LAST DATE ON THE EVIDENCE PROVIDED ,PRIOR TO THE DATE OF APPLICATION AND IN THIS INSTANCE ,NO BENEFICIAL PERIOD HAS BEEN ASSESSED. SO WE THEREFORE CAN NOT AWARD YOU ANYPOINT ON MAINTENANCE FUNDS.

[vinny]

sean80, please continue in previous thread.

[Meng]

Thanks for the answers.

I don't have more contract, but I do have more invoices.

[opportunist]

If you are not rely on your solicitor, then how on earth youare going to take advice from strangers, you never met.

Think about it. Does it make sense?

[Meng]

[quote="opportunist"]If you are not rely on your solicitor, then how on earth youare going to take advice from strangers, you never met.

Think about it. Does it make sense?[/quote]

Hi,

Firstly, thanks for the reply.

I started preparing my application since last September, which means I've been with this solicitor for more than a year now. I met him through someone else and had no idea how he is. And so many things happened within this past year. I won't be going through details on what exactly he did, but everything had happened just proved that he is not as professional as he supposed to be.

I am not the kind of person that will leave everything to a lawyer and just take whatever he is saying. I always do my home work anyways. But no matter how much I can learn, I am not a lawyer myself, there must be something I don't know or something I am missing. The only reason that I got a lawyer is that I would like to have someone to go to for professional opinions when I have any questions, correct my mistakes, remind me of the details I did not cover. Now obviously that he is not doing his job properly as I am going trough an appeal.

And no offence, but will you make all the decisions in your life based on what other people told you and do exactly what they ask you to do? I am sure you won't cause no one does that. However that doesn't mean you shouldn't listen at all. This is my first time ever going through an appeal, but some other people have been there before. I would like to ask for advice from people know things that I don't know, I don't think this is wrong and I am asking now doesn't mean that's what I'll put in practice later.

As for my solicitor, I have doubt for his work doesn't mean I won't trust him ever again, good or bad, he is still a solicitor at the end of the day and still working on my case; and I always appreciate any advice or help that I can get. So yes, I may take advice from "strangers I never met".

I apologize if I said anything wrong, I didn't mean to start a argument, just thought a little explanation may answer your query.

[Meng]

[quote="top"]Dear Sir,

what you said whilst interview(that you say you did not) is what they would try to prove while hearing. what could have been done since refusal to make situation clearer if you arranged more contracts, invoices issued to service receivers and possibly invoices issued to who you signed contract with at the 1st place.

having above in place a business and business activity can not be suspected[/quote]

Thank you. And it's not "sir", it's "miss".

[top]

so Miss Meng, lets put it this way, list the questions that you want to ask and any matter you want suggestions on, you might want to include fears you feel yourself falln into
and
calling you Sir was only to deliver a sign of respect If knew you the female I would have addressed you a Miss instead.

thanks..