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chance to switch Tier1 ENTERPRENUER to Tier2, expert advice

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sri2013
Newly Registered
Posts: 6
Joined: Mon Nov 18, 2013 3:18 pm

chance to switch Tier1 ENTERPRENUER to Tier2, expert advice

Post by sri2013 » Mon Nov 18, 2013 3:37 pm

Hello Guys,

I have been going through the forum as a silent spectator from long time. I need your guidance on my present situation.

I have applied for the PSW to ENTR(category4) in jan 2013. Got refusal in June2013, went for oral hearing. Just couple of days back I got a Judgment copy stating my appeal was refused. I have also got an option to appeal for upper tribunal within5 days(which ends on wednesday).

Sorry forgot to say, My main reasons for refusal are:
1. 50K funds cannot be verified(funds held overseas,My personal account). When UKBA tried to contact the bank, they stated NOT to disclose account information to third part ppl for security reasons.
At the point of hearing, Judge sticks to UKBA decision of rejection. I tried to satisfy at hearing with a latest letter from bank and tried to open and show funds on my account(if agreed by judge, but she refused).

2. I have NOT submitted CAR with initial application but have send my advertsing material and CAR at later date, but bad luck it went missing and never received by them. I had proof of postage(photocopy, original missing).

Coming to conculsion, I am NOT 100% sure even If i go for UT, Home office decision would be revoked.

Finally, good news is I have a company willing to sponsor me for Tier2. But im not very sure HOW this whole process gonna work. I have just received my judgement copy on friday(1st working day). I have also made up my mind to switch category(if its possible).

My questions are:
1. should I need to appeal for UT, on error in law grounds and proceed with my TIER2 applicatioon(heard from this forum that we can switch to other category within 28days of judgement).
2. Can I ignore ENTR appeal letter to Upper tribunal,and start making a new application(TIER2) along with documentation of my refusal and reasons for switching.

I hereby request your advice on this guys.

Thanks.
Last edited by sri2013 on Mon Nov 18, 2013 3:49 pm, edited 1 time in total.

sri2013
Newly Registered
Posts: 6
Joined: Mon Nov 18, 2013 3:18 pm

Post by sri2013 » Mon Nov 18, 2013 3:38 pm

Sorry guys, Its TIER1 ENTR to TIER2

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Post by Olasunkanmi » Mon Nov 18, 2013 7:01 pm

@ sri2013, yes you can apply for another category if you qualify within 28days of appeal decision.
The key to success is knowledge and hardwork, and to have faith.

sri2013
Newly Registered
Posts: 6
Joined: Mon Nov 18, 2013 3:18 pm

@ Olasunkanmi

Post by sri2013 » Tue Nov 19, 2013 9:39 am

Hello,

Thanks for the reply. I'm sorry what is meaning of eligibility to apply within 28 days of appeal decision. how can we know that?? will it be written on the appeal decision letter???

Secondly, do I need to appeal for UT and proceed with this new Tier2 application or proceed with it straight away???


sorry for asking as Novice, but can you let me know about it.

Thanks

TSAZ
Member
Posts: 122
Joined: Mon Mar 25, 2013 1:26 pm

Re: chance to switch Tier1 ENTERPRENUER to Tier2, expert adv

Post by TSAZ » Tue Nov 19, 2013 1:47 pm

sri2013 wrote:Hello Guys,

I have been going through the forum as a silent spectator from long time. I need your guidance on my present situation.

I have applied for the PSW to ENTR(category4) in jan 2013. Got refusal in June2013, went for oral hearing. Just couple of days back I got a Judgment copy stating my appeal was refused. I have also got an option to appeal for upper tribunal within5 days(which ends on wednesday).

Sorry forgot to say, My main reasons for refusal are:
1. 50K funds cannot be verified(funds held overseas,My personal account). When UKBA tried to contact the bank, they stated NOT to disclose account information to third part ppl for security reasons.
At the point of hearing, Judge sticks to UKBA decision of rejection. I tried to satisfy at hearing with a latest letter from bank and tried to open and show funds on my account(if agreed by judge, but she refused).

2. I have NOT submitted CAR with initial application but have send my advertsing material and CAR at later date, but bad luck it went missing and never received by them. I had proof of postage(photocopy, original missing).

Coming to conculsion, I am NOT 100% sure even If i go for UT, Home office decision would be revoked.

Finally, good news is I have a company willing to sponsor me for Tier2. But im not very sure HOW this whole process gonna work. I have just received my judgement copy on friday(1st working day). I have also made up my mind to switch category(if its possible).

My questions are:
1. should I need to appeal for UT, on error in law grounds and proceed with my TIER2 applicatioon(heard from this forum that we can switch to other category within 28days of judgement).
2. Can I ignore ENTR appeal letter to Upper tribunal,and start making a new application(TIER2) along with documentation of my refusal and reasons for switching.

I hereby request your advice on this guys.

Thanks.
hello sri2013,
do not confuse youself.it is very simple.i have done this.
it is thumb rule after refusal from upper tribunal you have 28 days to reapply or apply to any other cat(if your previous leave allowed).
you can contineu both cases side by side.like after refusal from upper tribunal iam in JR now and also i reapply my T1 application within 28 days after removing refusal reason in new application and now hope from allah that this time i will get positive result inshallah.
hope its help you

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