Tier 1 (E) visa refused.. extremely worried.. gurus plz help

[svasu]

Hi Forum Gurus,

I applied for a switching application from Tier 2 (G) to Tier 1 (Entrepreneur) on the 9 July 2014 and received a refusal letter today without a provision to appeal. My Tier 2 (G) visa expired on the 1 August 2014. The refusal statement reads "
REFUSAL TO VARY LEAVE AND DECISION TO REMOVE/VARIATION OF LEAVE AND DECISION TO REMOVE
A decision has also been made to remove you from the UK by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006.
As a decision has been made under section 47 of the Immigration Asylum and Nationality Act 2006, your documents have been retained by the Home Office under section 17 of the Asylum and Immigration (Treatment of Claimant etc) Act 2004, which permits the retention of documentation where an individual is liable to be removed "
In this letter a contact number is provided for the local immigration team.

My questions are:
1. Does this mean we will be deported from the UK? or can we leave the country voluntarily?
2. refusal letter is dated 8 August 2014, based on this how long do we have for returning to our country voluntarily? Alternatively can we request time to leave the country for ex: 4 - 6 weeks time considering we have lived in the UK for 6 years and have established a life here. There is nothing mentioned in the refusal letter and is vague.
3. when and how will I receive all original documentation back from the home office?
4. In the mean while can my dependent continue working in her current job?

Your comments/help in this time of difficulty is highly appreciated and shall look forward to all your valuable advice.

Regards,

svasu

[Rockey]

we are sorry to hear ,its very sad news ..

First of all you should have mentioned that on what basis your visa have been refused ? so that we could put some inputs/suggestions.

Other thing its best to give a ring to lawyers they will suggest you best options. And one more important thing is you have right to go against Home Office decision and can register a case against home office decision in court.
Keep update.

Best of luck

[svasu]

I applied via funding from vc.. But unfortunately HO has not considered this firm to be a VC firm as per FCA's definition. Hence have scored no points in attributes section.
From the refusal letter it was not 100% clear whether appeal was allowed or not but then realised that if appeal was allowed they should have included an appeal form etc along with the letters but they haven't.
also home office is in possession of all my original documents including passports as per section 17 of the asylum and immigration act 2004.

Gurus your thoughts and suggestions on this issue will be highly appreciated. I shall forward to your swift response.

[tanvir1985th]

If u applied on time which I can see u did then there must be appeal right whether they gave u that or not. Whether the case worker included any appeal form or not that doesn't matter. Check the refusal letter whether it says u can appeal or not.

[svasu]

Here is the exact text as mentioned in the refusal letter.

Section A: Decision and Reasons

In compliance with the Immigration (Notices) Regulations 2003 made under Section 105 of the Nationality, Immigration and Asylum Act 2002.
REFUSAL TO VARY LEAVE AND DECISION TO REMOVE/VARIATION OF LEAVE AND DECISION TO REMOVE
We have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
A decision has also been made to remove you from the UK by the way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.
YOU HAVE A RIGHT OF APPEAL AGAINST THESE DECISIONS - SEE SECTION B REFUSAL TO GRANT LEAVE TO REMAIN
we have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
YOU DO NOT HAVE A RIGHT OF APPEAL AGAINST THIS DECISION - SEE SECTION B
In making the decision to refuse your application, careful consideration has been given to the following:
where the reasons for rejection are mentioned along with a brief summary of my immigration histroy. The letter then moves on to Section B.
SECTION B: RIGHT OF APPEAL
You are entitled to appeal against these decisions under Section 82(1) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration, Asylum and Nationality Act 2006. A notice of appeal is enclosed which explains what to do. Also enclosed is advice from the Legal Services Commission on how to get help.
The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with Immigration Rules
- that the decision is unlawful because it discriminates against you
- that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights
- that the decision breaches rights which you have as an EEA National or member of such a person's family under Community Treaties to entry or to or residence in the UK
- that the decision is otherwise not in accordance with the law
- that a discretion under the Immigration Rules should have been exercised differently

You should not appeal on grounds that do not apply to yourself. You should also give arguments and any supporting evidence, which justifies your grounds.
If you appeal you do not have to leave the UK while the appeal is in progress, your previous leave and the terms and conditions attached to it, will be extended, by virtue of Section 3C of the Immigrations Act (as amended) until such time as the appeal is resolved.
As decision has been made under section 47 of the Immigration Asylum and Nationality Act 2006, your documents have been reatined by the Home Office under Section 17 of the Asylum and Immigration (Treatment of Claimant etc) Act 2004, which permits the retntion of documentation where an individual is liablek to be removed.

REMOVAL DIRECTIONS
If you choose not to appeal this decision, or you appeal and the appeal is unsuccessful, you must leave the UK immediately. If you do not leave the UK voluntarily, you will be removed to your home country.
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So guys based on this:
1) do you think I have a right of appeal?
2) if appeal is allowed should they have included an appeals form?
3) can an appeal be lodged without my original documents as it is with the HO?
4) if appeal is allowed what is the time limit within which an appeal has to be lodged?

[lilboots]

Here is the exact text as mentioned in the refusal letter.

Section A: Decision and Reasons

In compliance with the Immigration (Notices) Regulations 2003 made under Section 105 of the Nationality, Immigration and Asylum Act 2002.
REFUSAL TO VARY LEAVE AND DECISION TO REMOVE/VARIATION OF LEAVE AND DECISION TO REMOVE
We have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
A decision has also been made to remove you from the UK by the way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.
YOU HAVE A RIGHT OF APPEAL AGAINST THESE DECISIONS - SEE SECTION B REFUSAL TO GRANT LEAVE TO REMAIN
we have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
YOU DO NOT HAVE A RIGHT OF APPEAL AGAINST THIS DECISION - SEE SECTION B
In making the decision to refuse your application, careful consideration has been given to the following:
where the reasons for rejection are mentioned along with a brief summary of my immigration histroy. The letter then moves on to Section B.
SECTION B: RIGHT OF APPEAL
You are entitled to appeal against these decisions under Section 82(1) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration, Asylum and Nationality Act 2006. A notice of appeal is enclosed which explains what to do. Also enclosed is advice from the Legal Services Commission on how to get help.
The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with Immigration Rules
- that the decision is unlawful because it discriminates against you
- that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights
- that the decision breaches rights which you have as an EEA National or member of such a person's family under Community Treaties to entry or to or residence in the UK
- that the decision is otherwise not in accordance with the law
- that a discretion under the Immigration Rules should have been exercised differently

You should not appeal on grounds that do not apply to yourself. You should also give arguments and any supporting evidence, which justifies your grounds.
If you appeal you do not have to leave the UK while the appeal is in progress, your previous leave and the terms and conditions attached to it, will be extended, by virtue of Section 3C of the Immigrations Act (as amended) until such time as the appeal is resolved.
As decision has been made under section 47 of the Immigration Asylum and Nationality Act 2006, your documents have been reatined by the Home Office under Section 17 of the Asylum and Immigration (Treatment of Claimant etc) Act 2004, which permits the retntion of documentation where an individual is liablek to be removed.

REMOVAL DIRECTIONS
If you choose not to appeal this decision, or you appeal and the appeal is unsuccessful, you must leave the UK immediately. If you do not leave the UK voluntarily, you will be removed to your home country.
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So guys based on this:
1) do you think I have a right of appeal?
2) if appeal is allowed should they have included an appeals form?
3) can an appeal be lodged without my original documents as it is with the HO?
4) if appeal is allowed what is the time limit within which an appeal has to be lodged?

I think you have the right to appeal. See Section B. I know it is very confusing when on one part it says you do not have the right to appeal and then on another section , it says you do. However, the wordings of your refusal letter is exactly the same as my own refusal letter and after much confusion, I appealed. And I won the appeal. So do not panic. Just make sure you appeal within the time limit. If you dont have the appeal forms, I am sure you can lodge your appeal online. This is my opinion though.

[tanvir1985th]

U have the appeal right. So don't waste your time and lodge the appeal by a solicitor coz u don't have any knowledge about appealing

[cpmlkhan]

Here is the exact text as mentioned in the refusal letter.

Section A: Decision and Reasons

In compliance with the Immigration (Notices) Regulations 2003 made under Section 105 of the Nationality, Immigration and Asylum Act 2002.
REFUSAL TO VARY LEAVE AND DECISION TO REMOVE/VARIATION OF LEAVE AND DECISION TO REMOVE
We have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
A decision has also been made to remove you from the UK by the way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.
YOU HAVE A RIGHT OF APPEAL AGAINST THESE DECISIONS - SEE SECTION B REFUSAL TO GRANT LEAVE TO REMAIN
we have considered your application on behalf of the Secretary of State and your application has been refused under the Immigration Rules.
YOU DO NOT HAVE A RIGHT OF APPEAL AGAINST THIS DECISION - SEE SECTION B
In making the decision to refuse your application, careful consideration has been given to the following:
where the reasons for rejection are mentioned along with a brief summary of my immigration histroy. The letter then moves on to Section B.
SECTION B: RIGHT OF APPEAL
You are entitled to appeal against these decisions under Section 82(1) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration, Asylum and Nationality Act 2006. A notice of appeal is enclosed which explains what to do. Also enclosed is advice from the Legal Services Commission on how to get help.
The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with Immigration Rules
- that the decision is unlawful because it discriminates against you
- that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights
- that the decision breaches rights which you have as an EEA National or member of such a person's family under Community Treaties to entry or to or residence in the UK
- that the decision is otherwise not in accordance with the law
- that a discretion under the Immigration Rules should have been exercised differently

You should not appeal on grounds that do not apply to yourself. You should also give arguments and any supporting evidence, which justifies your grounds.
If you appeal you do not have to leave the UK while the appeal is in progress, your previous leave and the terms and conditions attached to it, will be extended, by virtue of Section 3C of the Immigrations Act (as amended) until such time as the appeal is resolved.
As decision has been made under section 47 of the Immigration Asylum and Nationality Act 2006, your documents have been reatined by the Home Office under Section 17 of the Asylum and Immigration (Treatment of Claimant etc) Act 2004, which permits the retntion of documentation where an individual is liablek to be removed.

REMOVAL DIRECTIONS
If you choose not to appeal this decision, or you appeal and the appeal is unsuccessful, you must leave the UK immediately. If you do not leave the UK voluntarily, you will be removed to your home country.
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So guys based on this:
1) do you think I have a right of appeal?
2) if appeal is allowed should they have included an appeals form?
3) can an appeal be lodged without my original documents as it is with the HO?
4) if appeal is allowed what is the time limit within which an appeal has to be lodged?

Hello svasu,

Sorry to hear about this. Yes you have right of appeal. Rest is the format they use when they refuse your visa. Do not panic now. See any good solicitor. By the way you did a mistake by using these VC firm. Though you was not aware of that. There are almost more than 500 victims of these Fake VC firms.
BEST OF LUCK

[Tier1luck]

Hello svasu ,

I think same that u have right of appeal . Even if u don't have right of appeal , u can go to court and ask to right of appeal against ukba decision. So don't giveup so early . And exhaust ur all rights about appeals.
Wish u good luck

[svasu]

Thanks to all you guys for your invaluable comments and this certainly is quite encouraging..
Just to get a perspective of time scales.. on an average how long does it take to get to the day of court hearing from the day of submitting an appeal?
@ lilboots - I am happy to know that you were successful in your appeal, did you apply via a VC firm? How long did it take to get to the hearing date and then to receive your visa from the date of submitting your appeal request?

Regards,
svasu

[lilboots]

Thanks to all you guys for your invaluable comments and this certainly is quite encouraging..
Just to get a perspective of time scales.. on an average how long does it take to get to the day of court hearing from the day of submitting an appeal?
@ lilboots - I am happy to know that you were successful in your appeal, did you apply via a VC firm? How long did it take to get to the hearing date and then to receive your visa from the date of submitting your appeal request?

Regards,
svasu

@svasu..I didnt use a VC firm. Still waiting on the visa as I only won the appeal late last month. I just put in the story there so you can understand that you can appeal. With regards to tomescales, submitted appeal in early march, 2014 and got hearing in Birmingham mid-july and then got the appeal determination 5 days later. However, note that timescales vary depending on location and HO workload. I'm sure their many entries on this forum with regards to appeal timescales, Do go to some of the earlier entries. They would help. Good luck!

[Princess of Ammi]

below is the list you pasted if you fall under any of these circumstances they then advise you to lodge an appeal.
you said you used VC that is not a listed one.. just asking for General knowledge on what grounds would you appeal when you know none of below pasted grounds can back you up?

Remember one thing you have not automatically been given right to appeal which means here the Judge who can permit you for appeal will see the grounds of appeal before he lets you appeal in apparent case how you justify that their decision to refuse your application was wrong when your VC is not a listed VC.

SECTION B: RIGHT OF APPEAL
You are entitled to appeal against these decisions under Section 82(1) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration, Asylum and Nationality Act 2006. A notice of appeal is enclosed which explains what to do. Also enclosed is advice from the Legal Services Commission on how to get help.
The appeal must be made on one or more of the following grounds:
- that the decision is not in accordance with Immigration Rules
- that the decision is unlawful because it discriminates against you
- that the decision is unlawful because it is incompatible with your rights under the European Convention on Human Rights
- that the decision breaches rights which you have as an EEA National or member of such a person's family under Community Treaties to entry or to or residence in the UK
- that the decision is otherwise not in accordance with the law
- that a discretion under the Immigration Rules should have been exercised differently

[BlackBirdSSG]

@svasu,

You HAVE 'Right of Appeal', it doesn't matter if they have given you the forms or not. Now, if you have not been detained by HO (which I believe you have not been, because if you were, it wouldn't be possible for you to use this forum), you have 10 days to exercise your appeal rights.

Now, you have TWO ways of doing it.

1) PAPER BASED [FAX(instant) or Post(time delay)]
You need to Fill IAFT-1 form. So, download it from here : http://hmctsformfinder.justice.gov.uk/H ... ms_id=2878 and fill it up. Kindly fill up everything, and then only Fill the "NON-ASYLUM DECISION" section on Page 8. Write everything in that box only. Also get additional documents from your sponsor (VC firm). If you are not sure what kind of documents, contact me. After filling, you need to FAX this appeal form to 01162494232 and keep the proof of Fax being sent. Also make sure you send your Refusal (also called 'Notice of Decision) along with this Appeal Form to the Tribunal.

2) ONLINE [Instant]
Go to https://immigrationappealsonline.justic ... k/IACFees/ and Submit your appeal Online. (Do Not select anything in "Some appeals are exempt from paying a fee" page. Just click next). Write that Reference Number somewhere safe and continue with the form.

THEY MUST RECEIVE THIS IAFT-1 FORM (or ONLINE SUBMISSION) WITHIN 10 WORKING DAYS
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1) Regarding your issue of deportation, no one can deport you if you have Right of Appeal and you exercise it. Only if you do not appeal in time, you will then become overstayer. So, send appeal form first. & then look for a solicitor later.

2) Don't think if HO didn't put paper in it, they must be right. They are human beings and currently, they are in loads of Shambles because of their cockups. I've seen many cases where the worse of worse cases where 322(1a) were overturned by Tribunal/Court judges.

3) HO will not return your original documents back if you didn't have valid leave to remain left in your previous visa. Only if you withdraw your application and leave voluntarily, your documents and passports will be given back to you AFTER you clear customs and immigration at the airport. You do not need original documents to file appeal.

4) You already have appeal rights. You have 10 days of time limit to lodge appeal. If you don't, you will become overstayer and you will be liable to removal.

[svasu]

Thanks for all your replies.. I am overwhelmed.. As suggested by some of you, I am currently in the process of speaking to a solicitor to file an appeal.. And while the appeal is being processed I shall work on getting relevant documental evidence to submit to the court.
I have a couple of questions:
1) In your opinion which type of appeal would be quicker? i.e. is it oral or paper based?
2) And since I am exempt from paying a court fee, will that exemption be applicable for both types of appeal?
3) my wife is currently on a dependant visa and there might be a possibility for her company to sponsor a Tier 2 visa. If the visa is sponsored then she will have to leave the country and apply for entry clearence. Keeping this option in mind, can she request for only her documents to be returned so that she can travel home and I can continue being in the UK going through the appeal process?

Regards,
svasu