Appeal Allowed

RizKCB · Post by **RizKCB** » Fri Oct 11, 2013 11:48 am

By the grace of God, got my appeal allowed today.

>Team Application (From PSW)
>Me and my 3 dependents & My business partner
>Applied in 2nd week of October 2012
>Business partner refused in 2nd week of April 2013
>Me including dependents refused in 2nd week of May
>Appealed as usual within specified time
>Business Partner hearing date on 10th September 2013 at Hatton Cross.
>Me including dependents got hearing date 30 January 2014 at Hatton Cross.
>Requested Tribunal to adjourn my appeal to the same date with my partner on 10th September through solicitor.
>Appeared in the court together but without dependents.
>Appx 75 minutes hearing in presence of HO representative and spoken ourselves as well as barrister with limited cross questionings with HO rep as well.
>Got decision after a month and allowed.
>Application prepared by ourselves. For appeal; hired solicitor but 90% appeal stuff created by ourselves. Barrister was helpful and well-presented. Also our presentation in the court room was professional and impressive according to the feedback of Barrister.
>After an year of struggle, now things seems to get sorted. I literally don’t know how I survived and accommodated me and my family throughout the year without any job and only limited business activities due to visa problem and fear of investments. As I already invested 10,000 plus.
Now let’s see what and when happens next. Anyway WHO helped me will help me again. “Alhamdullillah”

Darvesh · Post by **Darvesh** » Fri Oct 11, 2013 11:53 am

congrats.....
did u get a BRP or just decision on appeal?

RizKCB · Post by **RizKCB** » Fri Oct 11, 2013 11:54 am

So far just decision today

itk · Post by **itk** » Fri Oct 11, 2013 1:43 pm

Riz.
I am indeed happy for you. Please do not worry, that same God that kept you throughout a year without a job has a plan and purpose for you. I see you going far in your line of business. Well done and may God grant you and your family good success in your endeavour.
From me and my family congratulations!!!!

priyapiya · Post by **priyapiya** » Fri Oct 11, 2013 2:40 pm

Can you please suggest me a very good lawyer who can represent me effectively

babylondoner · Post by **babylondoner** » Fri Oct 11, 2013 5:56 pm

Very good news.

Congrats bro.

Can you please remind us what the refusal reasons were?

Dayyurite · Post by **Dayyurite** » Fri Oct 11, 2013 5:57 pm

Congratulations.

Please what was the refusal reason?

RizKCB · Post by **RizKCB** » Fri Oct 11, 2013 7:05 pm

Thanks everybody.
@itk, thanks a lot for your compliments and wishes.

My Partner was 'Sales and Marketing Director' (Level 6)
Mine was 'Data Processing Manager' (Level 6)

Business was to produce Leads for energy efficiency measurements through Surveying and Assessment by hiring surveyors (Level 4).

Contract was made with client to perform survey for them.

Shown our role in business to generate leads through marketing and training surveyors (My partner's duties).
AND processing collected data by defining business rules and developing customer relationship management from Surveying to Installation process (My duties).

Refused: As our contract and business plan do not demonstrate that Our Services (Surveying Level 4) include anything related to Sales and Marketing Director and Data Processing Manager. Hence, Sales and Marketing & Data Processing Manager is administrative stuff to the business. Moreover missing land-line number.

At the time of application (Oct 2012) "Working in this context...." portion was not in the guidance policy neither there was any place in application form to mention SOC. Caseworker crafted the refusal based on later policy and earlier policy of our application. Our all base of appeal was on these points. Judge fully agreed with our points and also included some of his observations. We ourselves recorded our statements to the judge and submitted further evidences. HO rep said, she could not accept new evidences later. Judge given remarks in decision; even then he allows appeal.

Ahmd_64 · Post by **Ahmd_64** » Sat Oct 12, 2013 12:01 am

Congratulation....

I applied visa on energy base business that we would provide domestic and commercial EPCs & Geen Deal Assessments. i gave three Estate Agents contracts and shown my role in company as a compliance and quality control manager. caseworker refused by saying that title does not satisfy appendix J and 2 estate agents do not need services which you provide.

Do you think it is easy case ? i have appealed. you got visa on energy business so what is your views about my case which is above mentioned

red scorpion · Post by **red scorpion** » Sat Oct 12, 2013 12:21 am

congratulations

sabuj263 · Post by **sabuj263** » Sat Oct 12, 2013 12:58 am

Congratulations...... Ftt took 30 days for making decision, strange isn't it?

RizKCB · Post by **RizKCB** » Sat Oct 12, 2013 9:42 am

thanks a lot guys...

@sabuj263; yes we were worried about it. It took 30 days. We consulted it with some experienced guys and they told that may be we have provided overwhelmed evidences and arguments and judge is taking time to consider each and every issue.

@Ahmd_64; We have already discussed it in some previous thread. I told you to give some suggestions later. Actually I was waiting for my outcome. When would be your hearing?

The only ruling we referred in the case was Evidential Flexibility.
Barrister raised the point; according to Point Base System, every point is fulfilled. Only caseworker did not understand some issues and trash the whole application without consulting with applicants. Moreover she argued that portion of this stuff is of 25 points which includes:
1-must be applying for leave to remain
2-must be switching from PSW
3-Registered within 3 months of application
4-Level of Role should be 4 or above and should exist in appendix J
5-Services must be according to roles.

Only for dissatisfied portion of 5th point whole 75 points are taken away. It was minor and could be cured but HO never contacted appellants for whole 6 months of decision. Also we referred new rules which declared to be the part on 1st October 2013. I think those rules declared on 6-7 Sep. We also took the copy with us. Our Barrister presented to judge that Secretary of State has realized that Landline number is a non-sense demand for a business to be a business therefore changed it and included the word "Where applicable".

appeal786 · Post by **appeal786** » Sat Oct 12, 2013 10:41 pm

Please check in box . Thanks

rehan01 · Post by **rehan01** » Sun Oct 13, 2013 5:18 am

congrats

serb24 · Post by **serb24** » Tue Oct 15, 2013 2:13 pm

thanks

RizKCB · Post by **RizKCB** » Thu Oct 31, 2013 9:06 pm

After refund of fee from Tribunal on 23rd Oct; I received everything today including Approval letter, BRP, Passports and all docs of us (Me and 3 dependants + Business Partner) through solicitor.
Big relief after 1 year and 20 days.

rehan01 · Post by **rehan01** » Thu Oct 31, 2013 9:08 pm

Congratulations....

Regards

RizKCB wrote:After refund of fee from Tribunal on 23rd Oct; I received everything today including Approval letter, BRP, Passports and all docs of us (Me and 3 dependants + Business Partner) through solicitor.
Big relief after 1 year and 20 days.

Dayyurite · Post by **Dayyurite** » Thu Oct 31, 2013 9:21 pm

Very big congratulations to you and your family

serb24 · Post by **serb24** » Fri Nov 01, 2013 9:02 am

thanks

RizKCB · Post by **RizKCB** » Fri Nov 01, 2013 9:39 am

Thanks a lot guys and wish you a good luck without any delays.

@serb24: You dont need to do anything just wait. Your biometric pictures will be used in BRP. You should file annual return on time as a part of your HMRC related responsibilities. We did ours on time.

ulasin · Post by **ulasin** » Wed Nov 20, 2013 1:58 pm

i had my eea spouse appeal allow by the court may 30th, my refunds have been paid but i'm still yet to receive my status from ukba which is over 5 month now. i have called ukba and they alway mention a decision haven't been reached yet. can ukba refuse an allowed appeal after they pass their require days to re-appeal. please someone should put me through thanks

ulasin · Post by **ulasin** » Wed Nov 20, 2013 1:59 pm

i had my eea spouse appeal allow by the court may 30th, my refunds have been paid but i'm still yet to receive my status from ukba which is over 5 month now. i have called ukba and they alway mention a decision haven't been reached yet. can ukba refuse an allowed appeal after they pass their require days to re-appeal. please someone should put me through thanks

empire · Post by **empire** » Thu Nov 21, 2013 9:16 pm

Many congratulation RizKCB.I have the same refusal point and my hearing is in feb 2014.Can you please send me the complete answer for this point which you submitted to court.I will be very thankful to you and it will be very helpful for my appeal's outcome in Feb,2014.

tier1entrepreneurrefusal · Post by **tier1entrepreneurrefusal** » Fri Nov 22, 2013 2:43 am

hi RIZKCB,

Would you please mind telling the reason of refusal in your case.

Thanks in advance.

serb24 · Post by **serb24** » Mon Dec 02, 2013 8:27 pm

Hi Everyone,

Good Luck Everyone.....

Immigrationboards.com: Immigration, work visa and work permit discussion board

Appeal Allowed

Appeal Allowed

good lawyer

Re: Appeal Allowed

Re: Appeal Allowed

appeal