Tier 1 Visa Application refused! Pls advise.

[Cathie]

My Visa application was refused on the 13th May 2014.

The main reasons for the refusal are as follows:
1. I failed to submit the required Current Activity Report for proving directorship under Paragraph 41-SD (e)(v)(ii). Instead I submitted a letter from Companies House congratulating me as new director of the company.
2. My advertising material was not acceptable as it did not contain my name as required under immigration law.
3. The Contract which I supplied was not acceptable as it showed the other company providing services to me rather than vice versa.
The other reasons flow from the three.

Does anyone know what my chances are on appeal?

[Olasunkanmi]

@ Cathie, the 3rd refusal point is the only one that can make the case tough. The first 2 points are easily defendable but still no guarantee if the judge will accept your excuses as the required documents are clearly stated in the immigration rules.

What is the service that was included on your contract?

[BlackBirdSSG]

Seems to me that it would be difficult for you to get this decision overturned. Caseworker did follow proper procedure and protocol according to the evidence you provided.

All 3 points are valid and in my view, it would be hard to get it overturned. However, you can submit CAR under 'evidential flexibility', but the rest of the TWO points would be hard to fight

[Cathie]

Thanks for your replies guys. I think I shall pack my bags and head back to Nigeria.

[shahzad_79]

it seems difficult I am afraid. better talk to consultant. or do fresh application with in 28days of refusal or if you need more time. do appeal and mean time arrange money and make your fresh case.

[Momi]

I also think that it will be really hard to win especially after 6 April rules.
Current appointment report is must have document. You could print that online which is also acceptable.
Marketing material is always a big reason of refusal. So now it's hard too.
3rd reason is solid.

I would say go for appeal but at the same time. Either prepare your documents for fresh application or tier 4 (if you haven't completed 5 years) I don't think you need to go back only because people find other ways.
If one door close other opens.
Think about it. Best of luck.

[Cathie]

I don't think I could reapply cos my visa has now expired. Otherwise I would have immediately filed a fresh application. it says I can only make a fresh application if my current visa is still valid.

[Momi]

I would say that you ain't aware of laws, so you need to consult any professional person. You can re-apply within 28 days. You still have 24 days to re-apply as you got refusal on 13 may.

[Cathie]

@Momi, I truly ain't aware of the laws. I'm going to see an immigration lawyer in the morning. Hopefully I'll get some positive feedback. I'll let you guys know the outcome with him. wish me luck.

And I really appreciate all your contributions.

Thanks

[Cathie]

Hey guys,

I've just returned from the consultation and the lawyer says I should appeal within 5 days so I don't become an overstayer and then withdraw the appeal before the hearing date and file a fresh application with all the correct documents.

I feel a bit relieved now.

Thanks for all your help.

[Momi]

See there was a solution but for fresh application try to consult a very professional person who knows the rules and requirements. Because most consultants don't know what to do.
Read this forum thoroughly because you have to be aware of all requirements.
Best of luck and hope you will get visa this time.

[Cathie]

@Momi. That's very sweet of you! Thank you. I'm never leaving this forum again. Not even after I get my visa! I'll read through thoroughly and give updates.
You all are just great!
Thanks again and again and again.

[BlackBirdSSG]

Dont' go for consutlant now. Hire a good immigration lawyer. However, do not rely everything on your lawyer. You still have to do 80% of the job yourself.

File for appeal as soon as possible (and do a paper one) since you will be withdrawing it. You can apply under 28 days rule, however you must be aware that many rights are not given under this rule. So, whatever you do, you have to do 100% coz failure is not an option. (well, even if something goes wrong, you can still file for JR)

[getlee]

Thanks for your replies guys. I think I shall pack my bags and head back to Nigeria.

Thank Goodness good advice came your way. Its pleasing to know you are ready to stay to keep it on. You will get it eventually, immigration lawyer will your best bet. Yours refusal are just 'typographical' from what I understand .....missing name on your marketing material, and wrong order (Contractor/Consultant Role) in contract document.....

Stick with a very good immigration lawyer, you will be back here to tell us a good news. All the best

[Cathie]

Hi everyone!

It's been ages! I just want to share an update on my case.

So a friend recommended a firm of immigration solicitors to me. I called them up and booked a consultation with them. Cost me a fortune whopping £200 and I prayed to God that it not be a waste as it was just consultation. They confirmed my worst fear! It was a bad case but I could go ahead with the appeal seeing as i may fulfill the new requirements. I appealed on human rights grounds as I care for my disabled sister who is in Uni. My lawyer wasn't convinced at the beginning that we could pull it off. I got all the documents to support my case and handed everything over and i just prayed to God constantly. The hearing was to be on the 3rd Sept. I went with my sister and my lawyer but my case was kept on a floating list which meant that we were not assigned to any particular judge but whichever judge finished on time and was happy to would hear the case. We waited from 10am to 3pm and were asked to go home as no judge decided to take it. And then we were given another date the 25th Sept for definite hearing. Oh my, it was intense! The judge said he'd make his decision in a couple of days. By the 3rd Oct i received a call from an excited lawyer saying the decision was in my favour. I was pleased but not happy yet as the Home Office has 5 working days to appeal the decision. But this is the 16th October and I haven't received any notification of appeal from the Home Office and I haven't heard anything from my lawyers saying that they have! So a smile is beginning to appear on my face cos now I think it might be real and that the Home Office will not appeal the decision.

So i thought I'd just share this with you guys tonight as you have all been a massive help to me.

Thanks again and I hope everyone is doing well.

xxx

[Rockey]

Hi Cathie,

First of all many many congratualtions for winning case, its really glorious moments when some one wins.!!

Can you please send me the immigration lawyer who did fight for you contact details to me my email address pls? I need it really.
Other thing i wanted to know that have won your case on human rights ground?


Thanks in advance.

[Cathie]

Thanks a lot Rockey!

The firm is called Latitude Law. Their website is http://latitudelaw.com/
My case handler was Shara Pledger. She's great.

Good luck with yours.

[Cathie]

[quote][/quote]Other thing i wanted to know that have won your case on human rights ground?

I don't understand your question. Pls can you rephrase?

Thanks

[Rockey]

Cathie thankyou so much for quick reply..

As you said in your earlier post that you wanted to apply as human rights for caring your sis but your lawyer was not agreed!! so i was just confused either did you applly as human right basis or just you won your case as entrepreneur?

[Cathie]

Oh alright Rockey. I'll explain.
I applied for a Tier 1 Entrepreneur visa. The application was refused. I appealed on Human rights grounds and won the appeal.

[nasirkhan]

Oh alright Rockey. I'll explain.
I applied for a Tier 1 Entrepreneur visa. The application was refused. I appealed on Human rights grounds and won the appeal.

I am sorry but don't get it. What does Human rights have to do with a Tier 1 visa ?

They must have refused your application on the grounds that they do not think you are a genuine entrepreneur who fulfills their criteria. Where does Human rights fit into that ?

[Cathie]

Oh alright Rockey. I'll explain.
I applied for a Tier 1 Entrepreneur visa. The application was refused. I appealed on Human rights grounds and won the appeal.

I am sorry but don't get it. What does Human rights have to do with a Tier 1 visa ?

They must have refused your application on the grounds that they do not think you are a genuine entrepreneur who fulfills their criteria. Where does Human rights fit into that ?

Hi Nasirkhan. Sorry for the late reply. In any category of visa application where you have a right of appeal, one of the grounds of appeal is that your human rights under the European Convention on Human Rights will be breached if you're asked to leave. I had a strong human right claim under Article 8 claim I.e. family and private life because I'm the sole carer of my disabled sister who is currently an undergraduate student at the university.

[Olasunkanmi]

@ Cathie, did the judge make any comment on your Tier 1 application in the decision apart from allowing your appeal on human right ground? And how long have you been in UK?

[Cathie]

@ Cathie, did the judge make any comment on your Tier 1 application in the decision apart from allowing your appeal on human right ground? And how long have you been in UK?

We conceded that my application was defective so we didn't try to defend the application at all. We only pursued the human rights grounds of it. So yes, he mentioned that the Home Office and I are in agreement to the fact that the application was defective so there was no need to address it further. And then he proceeded to deal with the substantive case.

[Cathie]

@ Cathie, did the judge make any comment on your Tier 1 application in the decision apart from allowing your appeal on human right ground? And how long have you been in UK?

We conceded that my application was defective so we didn't try to defend the application at all. We only pursued the human rights grounds of it. So yes, he mentioned that the Home Office and I are in agreement to the fact that the application was defective so there was no need to address it further. And then he proceeded to deal with the substantive case.

To the other part of your question, I've only been in the UK for 4years but pls note that the main consideration of my appeal was not me but my sister and the effect it will have on her if I have to leave. It was an exceptional case.