JR after admin reviw refusal on Tier 1 50k psw route

[himal11]

Hello Members,

I need your suggestion as i have a long wait with my tier 1 application-entry level.
I applied for tier 1 initial application on the 5th aug 2014. Got refusal with appeal right on 10th oct 2014. I had a hearing and rehearing at first tribunal, and currently waiting for permission to go to upper tribunal at first tier.

However, in the mean time, i have also maintained 50k in my personal account for more than 3 months . I have decided to go to the fresh application rather than the court proceedings as its been a long time waiting for a visa.

Please suggest me the chances of success while making a fresh application, and any additional documents that needs to be taken care. I would appreciate your guidance.

[zimba]

Please read the guide. All the documents and requirements are there. However I suggest to follow your appeal as you are protected under section 3C. Apply for a fresh application if you lose the appeal.

[himal11]

Thanks a lot.

[himal11]

Hi Friends,

I am looking for advise in the following scenario:

First T1 Entrepreneur initial application-Aug 2014
Refusal with appeal right-Oct 2014
Appeal rights exhausted-10 Aug 2017
Second T1 Ent 50k initial application-17Aug 2017
Refusal & Admin review-2nd June 2018 (NO DECISION ON AR yet

My question is can I make another fresh 50k T1 Ent application in case admin review is not positive.

Pls advise all gurus.

Thanks.

[zimba]

No. You became an overstayer Aug 2017 and any new application will be refused automatically. You need to leave the UK and apply from home

[himal11]

Thanks Zimbabwe.

Can I switch to human rights applications and maintain a legal stay until I make for 10 year Route?

Will it affect my 10 year as I have overstayed due to exceptional circumstances where the case was pending with home office.

Any ideas pls share.

Thanks.

[zimba]

You can vary your current application to another one but you do not get 10 years of lawful residence. As I said, you became an overstayer in 2017 and your current application has to succeed. This means you cannot apply under SET(LR)

[himal11]

Dear Gurus and Members,

Tier 1 initial 50k applied after appeal right exhaust on August 2017
Refusal on June 2018 after interview
Admin review refused on 16 July 2018
Main refusal reasons:
1. Business is not credible based on interview notes.
2. Service contracts between July 14 2014 till JAN 2015 not included /no bank letter.
3. Market research.
Only market research withheld after admin review. No points awarded on the basis of geneuiness.o ly 10 points on maintenance.

Docs included:
50k in the bank for 3 months
2 service contracts between 2017-018
3.6 months recent business bank statement
4.Hmrc corporation tax letter
5.dated advertisement
6.marketing materials
7.maintenance funds for 3 months
8. Main accounts and accountant letter
9 all docs as per requirment.
10. Cover letters

My weakness:
Could not include previous contracts dated before julh 14, 2014 and bank letter. They were with home office while i made first tier 1 application and were not returned. This was mentioned in the cover letter.

I did not include the copies .

However i mentioned those contracts during the interview.

My reasons for pursuing JR:
1. Irrationality and procedurial fairness not exercised as caseworker took negative assessment of my answers, faulty notes and did not provide opportunity to answer to fullest. Very narrow and rigid format used.

2. Based on assumptions from interview no flexibility policy exercised to ask for missing documents as yhey were mentioned during interview as well.
3. No questions asked about co tinous business activities during interview.

Pls advise how is the merit of the case towards JR as the inteview was used to deliberately formulate reasons for refusals not based on facts recorded or docs submitted but on their over the top assumptions.

Any similar situation and JR success pls share. Need your thoughts and replies to make right.

Thanks.

[1bradymate]

Hi

I have sent Pap on same ground if they don’t reply we will go on JR

[maig]

Hi
I have gone through the same, my second/fresh application was refused on interview & documents.

Applied for admin review: refused
Applied for pap: refused
Applied for permission to bring JR (papers): refused
Applied for permission to bring JR (oral hearing): permission granted

Now I received consent order from treasury solicitors, invite me to withdraw JR, in return respondent will reconsider my application within 3 months & pay me reasonable cost.

[1bradymate]

Hi maig

Can you please share all dates so we can have some idea as I applied PAP last week haven’t heard anything yet

[zimba]

This topic is being deviate from OP's original post. Stick to your own threads for discussion on your cases

[maig]

@zimba

I am a silent member of this forum and I have learned a a lot from this forum, especially from you & Marcnath.

I just share my experience as per OP’s request, If you want me not to contribute, it’s fine.

[himal11]

Dear Gurus and Members,

Tier 1 initial 50k applied after appeal right exhaust on August 2017
Refusal on June 2018 after interview
Admin review refused on 16 July 2018
Main refusal reasons:
1. Business is not credible based on interview notes.
2. Service contracts between July 14 2014 till JAN 2015 not included /no bank letter.
3. Market research.
Only market research withheld after admin review. No points awarded on the basis of geneuiness.o ly 10 points on maintenance.

Docs included:
50k in the bank for 3 months
2 service contracts between 2017-018
3.6 months recent business bank statement
4.Hmrc corporation tax letter
5.dated advertisement
6.marketing materials
7.maintenance funds for 3 months
8. Main accounts and accountant letter
9 all docs as per requirment.
10. Cover letters

My weakness:
Could not include previous contracts dated before julh 14, 2014 and bank letter. They were with home office while i made first tier 1 application and were not returned. This was mentioned in the cover letter.

I did not include the copies .

However i mentioned those contracts during the interview.

My reasons for pursuing JR:
1. Irrationality and procedurial fairness not exercised as caseworker took negative assessment of my answers, faulty notes and did not provide opportunity to answer to fullest. Very narrow and rigid format used.

2. Based on assumptions from interview no flexibility policy exercised to ask for missing documents as yhey were mentioned during interview as well.
3. No questions asked about co tinous business activities during interview.

Pls advise how is the merit of the case towards JR as the inteview was used to deliberately formulate reasons for refusals not based on facts recorded or docs submitted but on their over the top assumptions.

Any similar situation and JR success pls share. Need your thoughts and replies to make right.

Thanks.

[himal11]

Dear Members,

I had a oral hearing at field house on my Tier 1 Initial Application Judicial review.

The Judge granted the permission at this stage.

I am partly relieved after long battle but still not sure what will happen next.

What are the chances home office will ask to withdraw the case and reconsider my decision and grant the visa. Or they go ahead until the substantive hearing stage.

Please give me some idea based on past results ?

[himal11]

Hi
I have gone through the same, my second/fresh application was refused on interview & documents.

Applied for admin review: refused
Applied for pap: refused
Applied for permission to bring JR (papers): refused
Applied for permission to bring JR (oral hearing): permission granted

Now I received consent order from treasury solicitors, invite me to withdraw JR, in return respondent will reconsider my application within 3 months & pay me reasonable cost.

Dear Members,

I had a oral hearing at field house on my Tier 1 Initial Application Judicial review.

The Judge granted the permission at this stage.

I am partly relieved after long battle but still not sure what will happen next.

What are the chances home office will ask to withdraw the case and reconsider my decision and grant the visa. Or they go ahead until the substantive hearing stage.

Please give me some idea based on past results ?
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Post Reply

[himal11]

Dear Gurus and Members,


I had a oral hearing at field house on my Tier 1 Initial Application Judicial review.

The Judge granted the permission at this stage.

I am partly relieved after long battle but still not sure what will happen next.

What are the chances home office will ask to withdraw the case and reconsider my decision and grant the visa. Or they go ahead until the substantive hearing stage.

Please give me some idea based on past results ?

My history:

Tier 1 initial 50k applied after appeal right exhaust on August 2017
Refusal on June 2018 after interview
Admin review refused on 16 July 2018
Main refusal reasons:
1. Business is not credible based on interview notes.
2. Service contracts between July 14 2014 till JAN 2015 not included /no bank letter.
3. Market research.
Only market research withheld after admin review. No points awarded on the basis of geneuiness.o ly 10 points on maintenance.

Docs included:
50k in the bank for 3 months
2 service contracts between 2017-018
3.6 months recent business bank statement
4.Hmrc corporation tax letter
5.dated advertisement
6.marketing materials
7.maintenance funds for 3 months
8. Main accounts and accountant letter
9 all docs as per requirment.
10. Cover letters

My weakness:
Could not include previous contracts dated before julh 14, 2014 and bank letter. They were with home office while i made first tier 1 application and were not returned. This was mentioned in the cover letter.

I did not include the copies .

However i mentioned those contracts during the interview.

My reasons for pursuing JR:
1. Irrationality and procedurial fairness not exercised as caseworker took negative assessment of my answers, faulty notes and did not provide opportunity to answer to fullest. Very narrow and rigid format used.

2. Based on assumptions from interview no flexibility policy exercised to ask for missing documents as yhey were mentioned during interview as well.
3. No questions asked about co tinous business activities during interview.

Pls advise how is the merit of the case towards JR as the inteview was used to deliberately formulate reasons for refusals not based on facts recorded or docs submitted but on their over the top assumptions.

Any similar situation and JR success pls share. Need your thoughts and replies to