Tier 1 Enterprenuer fresh application returned

[beekay]

Hi guys,
First time application 8th feb 2013
Refusal, appeal, upper tribunal, waiting waiting , fed up and decided to make a fresh application. Got the paperwork ready and then withdrew the appeal, received the paperwork to say the appeal is withdrawn..

And then we have made a fresh application for tier 1 Enterprenuer under 50k PSW route on 16 June 2014.

Got biometrics and gave them too..

My Enterprenuer team partner got his visa approved and got his BRP card around 05 July and I been sent a letter saying that my application has been returned because I still have an outstanding appeal pending with the home office from my previous application. Which is not true. As we both have submitted the withdrawal letters from the HMCTS saying the appeal has been withdrawn atleast a week before we Made the fresh application.

I have made a " pre action protocol" thru my solicitor asking for the application to be reconsidered..this needs to be sorted in 14 days or we need to go judicial review..

Guys, plz comment... Any suggestions would be deeply appreciated..
Need to know has anyone been in this strange situation...


Thanks in advance..

[attahaas]

Could you be sensible enough to mention the reason for your FIRST refusal?

As you seek helpful info from the forum, your info also helps the forum members!

[beekay]

Thanks for the reply my friend...

First time refusal was for

1. Not having names in the advertising material and
2. For not including the current appointment report with the application. We have just included the 8 page pdf generated when we open a company with the compNies house.

They refused and then we appealed. FTT accepted our appeal. Then the HO appealed and UTT dismissed our appeal as the jusde said that the FTT judge misdirected himself..
This decision came in April 2014. We could have gone for high court as our solicitor suggest..
But we had enough of waiting...
So we made a fresh application... And u know the rest..

Thanks again.

[Princess of Ammi]

if it was a simple return on UKVI part you could have simply posted it back to UKVI with a cover letter and the evidence of withdrawal in appeal.
on identification of an error and the mistake that they made regardless of if you could apply or could not (under whatever circumstances) they I suppose would have kept your application for processing.

[beekay]

Hello princess of ammi,

If I have sent it back they would treat it under new rules changed on the 11 July and also I have heard that once the application is returned I would be classed as over stay and application would be invalid.. Not sure if this is 100% true.

So I believe best move would be to go for pre action protocol, which will give them 14 days to sort it or I still have time to make an fresh application..considering the "with in 28 days"..

[Princess of Ammi]

cover letter if you supplied (if you resent your application) could have contained all necessary information (honestly it would have saved you time and stress), one of those advantages that could have been had was akin to how they treated your entrepreneurial team member. if he satisfactorily met the criteria and got the visa you would have too had it.

anyway 14 days are the things in book it actually dnt happen and you know it however I wish you best of luck with your things andI hope Almighty gets you want

[altafajk]

Dear all

Just wondering if anybody would help in my case the advice from senior members of this site is much appreciated.

I came here in 2008 on student’s visa and after completing MBA, I got PSW visa. Towards the end of PSW, I applied for Tier 1 (Entrepreneur) visa last year. I was unable to apply on my own so applied with other colleague after arranging communal funds in one account.

Unfortunately, our visa was refused and the reasons were given that our business plan was not realistic. We appealed against decision and our hearing is in October (2014).

Last month my business partner varied his application and going back to student visa (so I am left on my own)


I want advice from senior members on following issues.

1) I want to go ahead with this appeal procedure and if I can arrange 50K investment. what are the possibilities and what I have to do (re to show my own finances). As mentioned, I am planning to arrange my own finances.

2) What other options are available for me to start my own business

3) Can I change my status back to student?

Looking forward for your response and Thanks for your time

[beekay]

Hi princes of ammi,

I have gone to 3 solicitors in total to figure out if i am making a right move and all of them said the same thing. Go for pre action protocol.i sent the pre application protocol and this wil be dealt by a different panel of senior judges and hopefully they will accept my ask for application back and will treat it the same as to the rules before 11 July, which should get me my visa. Same paperwork as my partner .i should get it anyway.
Now I am waiting for the 14 days reply. After that, I will still have a week to make a fresh application.

Guys just wondering if anyone in the same situation as mine,
Plz reply.. We can share the knowledge..

Thanks again

[cpmlkhan]

Dear all

Just wondering if anybody would help in my case the advice from senior members of this site is much appreciated.

I came here in 2008 on student’s visa and after completing MBA, I got PSW visa. Towards the end of PSW, I applied for Tier 1 (Entrepreneur) visa last year. I was unable to apply on my own so applied with other colleague after arranging communal funds in one account.

Unfortunately, our visa was refused and the reasons were given that our business plan was not realistic. We appealed against decision and our hearing is in October (2014).

Last month my business partner varied his application and going back to student visa (so I am left on my own)


I want advice from senior members on following issues.

1) I want to go ahead with this appeal procedure and if I can arrange 50K investment. what are the possibilities and what I have to do (re to show my own finances). As mentioned, I am planning to arrange my own finances.

2) What other options are available for me to start my own business

3) Can I change my status back to student?

Looking forward for your response and Thanks for your time

Hello Altaf,

Possibilities are your appeal will be dismiss, However if FTT go into your favour after showing £50K. HO will go for UT & UT will consider HO. Reasons; Your partner has withdrawn his case. Then you have just one option left to reapply with your own £50K. Once you reapply you come under New rule. You need to make sure that you company has started trading before Jun24,2014. I have done a case similar to you & granted a visa.
BEST OF LUCK

REGARDS

[cpmlkhan]

Hi princes of ammi,

I have gone to 3 solicitors in total to figure out if i am making a right move and all of them said the same thing. Go for pre action protocol.i sent the pre application protocol and this wil be dealt by a different panel of senior judges and hopefully they will accept my ask for application back and will treat it the same as to the rules before 11 July, which should get me my visa. Same paperwork as my partner .i should get it anyway.
Now I am waiting for the 14 days reply. After that, I will still have a week to make a fresh application.

Guys just wondering if anyone in the same situation as mine,
Plz reply.. We can share the knowledge..

Thanks again

Hello Beekay,

Though case worker made a mistake But my experience says to save your time its better to put a new application with a solid covering letter. Because they say in your returning application that "no further actions needed under this application & your fee will be returned to you etc". One of my client had the same we just reapplied with the new covering letter copy of last application. I believe that its an easy step rather than to argue with them on other application. Why you are worrying about 11 july, Is your company not trading before 24 June?

[nasirkhan]

Hi princes of ammi,

I have gone to 3 solicitors in total to figure out if i am making a right move and all of them said the same thing. Go for pre action protocol.i sent the pre application protocol and this wil be dealt by a different panel of senior judges and hopefully they will accept my ask for application back and will treat it the same as to the rules before 11 July, which should get me my visa. Same paperwork as my partner .i should get it anyway.
Now I am waiting for the 14 days reply. After that, I will still have a week to make a fresh application.

Guys just wondering if anyone in the same situation as mine,
Plz reply.. We can share the knowledge..

Thanks again

Hello Beekay,

Though case worker made a mistake But my experience says to save your time its better to put a new application with a solid covering letter. Because they say in your returning application that "no further actions needed under this application & your fee will be returned to you etc". One of my client had the same we just reapplied with the new covering letter copy of last application. I believe that its an easy step rather than to argue with them on other application. Why you are worrying about 11 july, Is your company not trading before 24 June?

What is the significance of 24 June. I thought 11 July was the deadline ?

[beekay]

Thanks to cpmlkhan and others involved..
Yes the company had some money paid in before 11 July. So It was trading.

I am waiting for the reply from pre action protocol. But I will make another application before I run out of 28 days for sure..

Would u guys plz put down some bullet points u think is necessary to make up a covering letter when I making a fresh application soon. I want to cover all the areas and don't want to miss out on any bullet points. Don't just assume that u havent got a full list of points to write down.put down what ever u think is necessary. Every little point makes a difference. Thanks n advance..

Dear cpmlkhan,
Could I also tell us what happend with the fresh applicTion u made for ur client?
Thank u cpmlkhan..

[qkiyani]

hello beekay,

check ur inbox please

thanx

[HNJ]

Hi all

thanks for posting here
can you pls send me bullit points for covering letter for fresh application.
I want to reapply