Home Office withdrawn their decision-Tier1 entrepreneur visa

[grenland7862]

Here is the link of previous posts

http://www.immigrationboards.com/uk-tie ... l#p1391651

Dear Members,

I am pleased to announce that Home Office has withdrawn their decision under challenge( lodged by myself ) and will provide new decision with in 3 months time.HO accepted that they reached an incorrect decision where they their argued that investment doesn't show my name.They also agrees to pay reasonable costs.
HO withdrawn before the case officially go ahead for hearing.

Since i was awarded points on all other categorises including employment so I hope to get a positive response but i am still confused HO may reject again on other grounds ( i believe there are no other grounds to refuse).

I spent around £5700 cost in paying solicitors & court fee, not sure how much will be refunded.

Any advise will be really appreciated.

Best regards,

[Aab1988]

First of all congrats and also did you speak to ur solicitor regarding the refund ?

[awan905]

Congratulations and you can try to claim the whole amount plus further compensation for the hassle. You can consult your solicitor and he/she can better advise you for this

[wonder17]

That's very good news!

my story almost same. I am sole trader. My accounts clearly shows in notes page Capital introduce with my name clearly. but Home office refused with the similar reason. below is my original thread:

http://www.immigrationboards.com/uk-tie ... 24288.html

I applied for Admin review on 16th jan. its 29 days today but no reply yet.

[samaygrg]

Good news, Congrats!!

Here is the link of previous posts

http://www.immigrationboards.com/uk-tie ... l#p1391651

Dear Members,

I am pleased to announce that Home Office has withdrawn their decision under challenge( lodged by myself ) and will provide new decision with in 3 months time.HO accepted that they reached an incorrect decision where they their argued that investment doesn't show my name.They also agrees to pay reasonable costs.
HO withdrawn before the case officially go ahead for hearing.

Since i was awarded points on all other categorises including employment so I hope to get a positive response but i am still confused HO may reject again on other grounds ( i believe there are no other grounds to refuse).

I spent around £5700 cost in paying solicitors & court fee, not sure how much will be refunded.

Any advise will be really appreciated.

Best regards,

[businessmen aces]

congrats and good luck

[grenland7862]

First of all congrats and also did you speak to ur solicitor regarding the refund ?

Hi thanks, I will update you after having meeting with my solicitor.

[grenland7862]

Dear All,

Thanks for your support and help.
Please review my previous posts in order to know the steps taken previously at each stage; finally after long fight HO accepted that they were wrong.

This is now more than 13 months since i applied extension but HO yet to make final decision.
I am working very hard since the start of my business and have invested all of my savings & funds in past few years in order to set up and expand two businesses. (I claimed investment from one business only).
I had around 250 clients up to the extension date and my both businesses were going very well.
We had some sad incidents after sending visa application (Wife’s younger brother passed away in car accident and my father had heart attack then two severe strokes).We wanted to visit our country ASAP but HO refused our visa and kept sending notices to leave the country.

I have two running business, two properties on mortgage and 3 children (born in UK, elder son is disable) attending school and I have been in UK for past 9 years.i have been very difficult time since refusal and getting notices to leave the country .Technically I was not allowed to work in UK until court make final decision. My health deteriorated due to above incidents resulted in anxiety, type two diabetes and sleep apnoea.

Since i have legal requirement under my professional body to have arrangements with someone who hold same qualification/membership to look after practice (client’s affairs) in case of death or uncertain circumstances.

Due to uncertain situation about my future and bad health, i decided to handover major clients to my cousin who offer same services and in return he agreed to provide fix monthly subcontracting in order to cover loss of earnings (resulted 50% reduction in clients). I kept small/medium size and local clients, 3 employees still working in my practice.

I decided to close down other business.

Now Home office accepted they were wrong but i already suffered a lot due to their negligence.
My solicitor aware about this but he advised that i can’t lodge case on loss of earnings or loss of business.

Can anyone advise on this issue please?

Since I maintain my turnover by getting subcontracting work as per agreement with my cousin's practice but i am confused HO may reject on next extension due to reduction of clients. I believe this happened due to HO’s wrong decision.

Any advice will be really appreciated.

[s_r_san]

Hi

This is a good news, congratulations

As per my observations in this forum and other contacts,
HO handled same situation in so many ways (name of the shareholder not mentioned in accounts)

- Approved the extension
- Refused for other reason, but HO did not mention about this issue in refusal letter
- Refused only for this reason
-- Approved in AR
-- Approved when sent Pre Action Letter
-- Approved During JR process

Same issue is decided in different ways by HO officers, AR team and other teams
Good luck

[Hassan Rasheed]

First of all very disappointment and feel sorry about your circumstances.My story something is similar to you and i realise all situation.
My vis application took 8 Months and refused just Director loan agreement document was missing, originally all investment done,My bank statement label investment as director loan.a asper 245AA Evidential flexibility Caseworker should ask for missing documents.

Conjurlation!
Your application approved by Home office in A.R OR J.R Process and How many days it will take.

How many days it takes for AR OR JR in your case?

Thanks,

[grenland7862]

By the Grace of Almighty Allah, Home Office approved my application after a long fight. They just informed me via email that they decided to approve my application along my dependants.

Now my solicitor is working on damages to be claimed from the home office but i advised my solicitor claim only court cost and leave other damages.

[seasky]

grenland,

First congrats. I see you started a proper business, hired 5 people. now this is the state of T1e. You didnt print your name in the right place in a document. The evidence is clear that you did invest. HO instead of contacting you to 'fix the minor error' declines your visa.

So for long periods your mind is not focused on the business and in your case clearly causes losses. In addition life is not normal you cannot visit your dad or bury your brother in law!

T1e is supposed to be a high value visa, but this is the state of it.

Why? Because there is just so much abuse. And we see it on this forum all the time.

"I had two employees for one year exactly but forgot February was only 28 days this year so I am missing a few hours"

[seasky]

<Rant continuing>

"it has been an hour why is no one answering??? PLLLSSSSS Answer!!!!"

"I forgot to add I paid my two apprentice FULL minimum wage but it went up by 10p to £3.50 and no one told me, WHAT DO I DO??? It is so unfair I invested so much in this country and these two min wage apprentice jobs and now this?????? Pleease seniors answer me"



<Sorry grenland for hijacking your thread but you have been hurt so hard by the state of T1E>

[awan905]

Congratulations

[suvalike]

By the Grace of Almighty Allah, Home Office approved my application after a long fight. They just informed me via email that they decided to approve my application along my dependants.

Now my solicitor is working on damages to be claimed from the home office but i advised my solicitor claim only court cost and leave other damages.

Congratulations Bro...

Can you please advise about the process for PAP....much appreciated

[grenland7862]

Dear All,

Thanks for your comments.
After having recent experience with H O, i believe they have quota system internally and approve only fix no of applications and refused rest even if applicants satisfy all requirements. They just pick minor error and refuse.

[zimba]

Dear All,

Thanks for your comments.
After having recent experience with H O, i believe they have quota system internally and approve only fix no of applications and refused rest even if applicants satisfy all requirements. They just pick minor error and refuse.

This is a baseless conspiratorial claim. Case workers are not perfect, so errors always happen and few people wrongly don't get visas. The same way that applicants make mistakes all the time, HO and case workers are not immune to errors either.

[grenland7862]

Dear All,

Thanks for your comments.
After having recent experience with H O, i believe they have quota system internally and approve only fix no of applications and refused rest even if applicants satisfy all requirements. They just pick minor error and refuse.

This is a baseless conspiratorial claim. Case workers are not perfect, so errors always happen and few people wrongly don't get visas. The same way that applicants make mistakes all the time, HO and case workers are not immune to errors either.

Hi Zimba,

Could you please allow members to share their views freely instead of restricting our threads. You blocked my previous thread. I am disagreed with you although you provide valuable advised but nobody can provide 100% correct advice.
Please refer my initial post after refusal where u argued that home office was right to refuse my visa and advise me that i might loose case. Luckily i won case easily and home office agreed to pay damages.

I think your visa was successfully process and you didn't suffer the painful process of those members like me whos extension was wrongly refused.

I just share my experience, my visa application was 100% correct and i completed all requirements. Home office accepted in court that their case Worker wasn't properly trained.

[zimba]

Could you please allow members to share their views freely instead of restricting our threads. You blocked my previous thread. I am disagreed with you although you provide valuable advised but nobody can provide 100% correct advice.
Please refer my initial post after refusal where u argued that home office was right to refuse my visa and advise me that i might loose case. Luckily i won case easily and home office agreed to pay damages.

Your other post was locked as you cannot create multiple threads on the same topic as per forums T&C, you are free to discuss your issues as you wish here. My previous advice was based on the immigration rules as written. HO certainly realised that rules do not properly encompass the circumstances of self employment applicants and accepted their decision as an error. For company directors, the advice still remains valid

I think your visa was successfully process and you didn't suffer the painful process of those members like me whos extension was wrongly refused.
I just share my experience, my visa application was 100% correct and i completed all requirements. Home office accepted in court that their case Worker wasn't properly trained

I fully sympathise as experiencing this as a migrant is certainly not pleasant but genuine errors do happen.
My objection was directed to your claims about an invisible ''quota system". This is not the first time someone makes an absurd claim on this forum about the so-called shadowy dark forces operating behind the scenes in HO to subvert the attempts made by migrants to secure visas.

[grenland7862]

Hi Zimba

I am agreed that case worker can make wrong decision due to lack of trainng or by mistake.

What about the Admin review team and team who deal pre action letter? They both refused my appeal to reconsider my application and maintained their oraginal decision.

Both are upper level department and have all information about immigration. if the person who dealt my case initially refused my visa due to lack of training then why their upper level departments had the same mistake?.
Home office immediately withdrawn case when I challenged their decision in court because then they realised that they would definitely loose the case.

I believe, the whole department were responsible for making wrong decision.

Court is third party and make neutral decisions.

[grreg]

Hi grenland7862 - congratulations on your win over the HO.

I know how stressful this can be as we had our Tier 1 Entrepreneur extension application refused because the caseworker made a technical mistake. Fortunately our AR was successful - but by god it was a stressful time while we waited.

I suggest you pay £10 and make a SAR request to view the notes made by the HO.
https://www.gov.uk/government/publicati ... mmigration

I did this after our AR was approved and while it didn't change the outcome I found it interesting to read through the notes made by the caseworker and the AR team.

[grenland7862]

Hi Grreg

Thanks for your comments , i will definitely request my case information.

Hi grenland7862 - congratulations on your win over the HO.

I know how stressful this can be as we had our Tier 1 Entrepreneur extension application refused because the caseworker made a technical mistake. Fortunately our AR was successful - but by god it was a stressful time while we waited.

I suggest you pay £10 and make a SAR request to view the notes made by the HO.
https://www.gov.uk/government/publicati ... mmigration

I did this after our AR was approved and while it didn't change the outcome I found it interesting to read through the notes made by the caseworker and the AR team.

[seasky]

Hi Grreg

Thanks for your comments , i will definitely request my case information.

Hi grenland7862 - congratulations on your win over the HO.

I know how stressful this can be as we had our Tier 1 Entrepreneur extension application refused because the caseworker made a technical mistake. Fortunately our AR was successful - but by god it was a stressful time while we waited.

I suggest you pay £10 and make a SAR request to view the notes made by the HO.
https://www.gov.uk/government/publicati ... mmigration

I did this after our AR was approved and while it didn't change the outcome I found it interesting to read through the notes made by the caseworker and the AR team.

Suggest the faster computer based (and free...) SAR is faster and all you need to know

[grreg]

Hi Seasky - do you have a link to some information for the computer based SAR?

I sent the application by post and it took 39 days before I received the info from HO.