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an other withdrawal over a decison by the Home Office

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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an other withdrawal over a decison by the Home Office

Post by top » Tue Oct 29, 2013 7:07 pm

today, a friend of mine had his appeal withdrawn by Home office as hearing was to take place on 4th of Nov.2013
just yesterday he handed in the document(bundle) personally to the border agency regional office and next day he had a fax coming home office retreated.



thanks..

RizKCB
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Post by RizKCB » Tue Oct 29, 2013 8:42 pm

Lots of cases are withdrawn before or during appeal without any clue what will happen later.

I think all refusal letters of Tier1 Enterp Visa includes the following paragraph for everyone.
“In line with paragraph 245DD(1) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

What is meant here about 'Challenge of this decision'? As per my understandings I got it as follow:
If applicant challenge it in the court; means lodge an appeal and submits appeal stuff (bundle) then maybe HO immediately withdraw it for further assessment because applicant always tries to fulfil the refused portion of application in the appeal. As soon as HO finds the stuff, it withdraws and reassess under further documentation. Because if appeal is allowed, it might be immoral to revert the decision.

One of the guys in this forum mentioned that his two clients got further refusal reasons after withdrawn by HO.

What could be the idea behind it? @Top: what are refusal reasons in your friend's case?

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Post by top » Tue Oct 29, 2013 10:49 pm

okay I like when I am questioned.

what this paragraph means to me is, there are several things that an applicant needs to provide with the application,what needs re-check are few things that have potential for changes.
a director of the company stays director earlier possibility that could disqualify a director from directorship is not filing accounts on time so if an application will be reassessed on this aspect as to check if company has not been dormant if application has been with UKBA longer than one year or has completed its 1st fiscal year.
Business Bank account stays the same.
your tax is subject to your 1st year accounts file stays the same as directorship.
your 10 point for the 900 as maintenance stays the same.
your 10 point for language on provision of degree stays the same.
as a result where decision turned over whether in withdrawal or appeal being allowed you would have already provided enough evidences in terms of advertisement,contracts(missing contents etc.),business activities,once decision turned over they less likely being rechecked as have just been checked.

only thing considerable is the funds(where you claim 75 points) make sure funds are available whether primary objection was relevant or not they would have to recheck the funds availability before any decision as to comply with their own policy.

hope above clearer what that paragraph means now

thanks..

RizKCB
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Post by RizKCB » Wed Oct 30, 2013 9:26 am

1) 'Assessment' has infinite meanings specially according to HO. It is the right given to caseworker side by side with Points Based System. Just like Entrepreneur visa category; they implemented "Assessment criteria" on Tier 1 General and Tier 4 Students from 1st Oct.

2) Even after qualifying 75 points; assessment's result mark an applicant Not a Genuine Entrepreneur. So I believe it is not only limited to available funds.

3) As far as applicant's thinking is concerned just like us; we believe everything is complete and then post our application. It reveals when results come whether we were right or not. Many of applicants did not get refusal on the basis of funds. Even they are maintaining their funds in accounts for several months.

4) My question is about the meaning of "Challenge of this decision"(Here decision means refusal decision by HO I guess) .
Is it the stage when Bundle from applicant reaches to HO and Tribunal during appeal process (When you fully initiated your challenge) ?
OR
Is it the stage when Tribunal allows appeal (The decision of challenge) ?

Faheemkhan
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Post by Faheemkhan » Wed Oct 30, 2013 10:06 am

Great information. Very useful to me. Actually I was searching the same since many days. Thanks.

Edited by Moderator to remove spam.

rooney0511
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Hi

Post by rooney0511 » Wed Oct 30, 2013 10:57 am

Most of the applications are accessed now against the balance of probabilities which the UKBA is using for their advantage to refuse applications.

Once it is accessed against the Balance of Probabilities (BOP) Refusal Letters are a detailed 3-4 pages reasoning the refusal reasons, making it more detailed and complex for the appeals process.

Please see this link about the BOP.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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Post by top » Wed Oct 30, 2013 11:33 am

Dear Sir(s),

as I mentioned in my last post it comes back to funds where they explain how,

I paste below from the immigration rules as to what concerns in said topic:

(l) The UK Border Agency will not carry out the assessment in (h) if the
application already falls for refusal on other grounds, but reserves the right to
carry out this assessment in any reconsideration of the decision.”

and this is ''h'' they reassess:

“(h) Except where the applicant has, or was last granted, leave as a Tier 1
(Entrepreneur) Migrant, a Businessperson or an Innovator and is being
assessed under Table 5 of Appendix A, the UK Border Agency must be
satisfied that:
(i) the applicant genuinely:
(1) intends and is able to establish, take over or become a
director of one or more businesses in the UK within the
next six months, or
(2) has established, taken over or become a director of one
or more businesses in the UK and continues to operate
that business or businesses; and
(ii) the applicant genuinely intends to invest the money referred to in Table
4 of Appendix A in the business or businesses referred to in (i);
(iii) that the money referred to in Table 4 of Appendix A is genuinely
available to the applicant, and will remain available to him until such
time as it is spent by his business or businesses. ‘Available to him’
means that the funds are:
(1) in his own possession,
(2) in the financial accounts of a UK incorporated business of
which he is the director, or
(3) available from the third party or parties named in the
application under the terms of the declaration(s) referred to in
paragraph 41-SD(b) of Appendix A;
(iv) that the applicant does not intend to take employment in the United
Kingdom other than under the terms of paragraph 245DE.

hope above helps..

RizKCB
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Post by RizKCB » Wed Oct 30, 2013 12:24 pm

@rooney0511

@top

Without any doubt I agree with the material you guys mentioned here. I have also tried to mention the same in my own words. Even what I observed around, in many cases HO IMPOSED variations of theses 'Assessment Procedure' on genuine applicants and refused them. They have defined GENUINE in their own ways.

I am NOT asking that what is included in Assessment OR Re-Assessment.

I am asking the meaning of "Any Challenge of this decision" from following paragraph:
“In line with paragraph 245DD(1) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

OR say it like:

At which stage they could practice their right of assessment?
1) When you send appeal bundle and HO withdraw appeal and start assessment.
2) When your appeal is allowed and you are waiting for BRP and HO start assessment.
3) When you got visa and sleeping at home and HO knock at your door OR post a letter to you and start assessment.

I am not asking for what is included in assessment.

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Post by top » Thu Oct 31, 2013 1:18 pm

Dear Sir,

if you give it a click on below pasted link as it tails the details of implementation as an example as to when and how they use or can refuse under the provision as it is your question you want an answer for

''We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

http://www.immigrationboards.com/viewtopic.php?t=149832

this is only one of those examples how they can assess and reassess..

thanks..

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