Reconsideration Rejected

[Johny123]

Hi Friends,
I applied for enterpreneur visa though 50k channel after my PSW in 2013 april.My visa got rejected in two months time saying i submitted wrong document(Company house appimtment letter Insted of company house appointment report).My partner got the visa meantime.I made an appeal and got hearing on 26th Jan 2015 but even in court it got dismissed saying all the documts should be submitted before decission is made.I have got chance to go upper tribunal which i did.Meanwhile i applied for reconsidearion of my application in march2015 but they rejected and told me to go back home with in 28days or to make a fresh application.My solicitor says as my upper tribunal caseis still pending you have right to stayback until the decission is made and 28days after decission if i want.Please friends suggest me whether to ignore HO letter to leave the country and wait for the decission or go home as per HO letter.

Thankyou for your time.
Please suggest your views.
Thnx again.

[solaced]

Has your Request to apply to the upper tribunal been accepted ? and you are waiting for the hearing at upper tribunal?

[solaced]

If the First tier Tribunal or the upper tribunal has allowed you to appeal against the decision to the upper tribunal against this decision, you have the right to stay legally here until your appeal is exhausted. HO mentions in every refusal letter to leave the country in 28 days but if you appeal further, you can stay here legally till all appeals from FTT, UTT, COA are exhausted. The moderators can please give their expert opinion on this. Hope it helps.

[naveediiqbal]

W

[Johny123]

Has your Request to apply to the upper tribunal been accepted ? and you are waiting for the hearing at upper tribunal?

Hi bro,

Thankyou for your reply.Yes i got an aknowledgemnt saying that they have recieved my appeal request.I called the court after this letter they told me that my appeal is still pending and not sure when it will be heard.Thankyou.

[Johny123]

If the First tier Tribunal or the upper tribunal has allowed you to appeal against the decision to the upper tribunal against this decision, you have the right to stay legally here until your appeal is exhausted. HO mentions in every refusal letter to leave the country in 28 days but if you appeal further, you can stay here legally till all appeals from FTT, UTT, COA are exhausted. The moderators can please give their expert opinion on this. Hope it helps.

Thankyou bro for your reply,
It was very helpful and hopeful too.Thanks again.

[bizz123]

Hi Johny
I assume Acknowledgement does not mean your appeal allowed as they always acknowledged that your request has been received and will take decision accordingly
Please have a look the letter and consult your solicitor
Regards

[Johny123]

Hi Johny
I assume Acknowledgement does not mean your appeal allowed as they always acknowledged that your request has been received and will take decision accordingly
Please have a look the letter and consult your solicitor
Regards

Hi bro,
Thanks for your time.I called court to ask whats going on with my appeal.They told me that it is still pending to be heard.My solictor says it is legal to stay back until 28 days even after your case decission is made my higher tribunal.Thankyou.

[bizz123]

U r correct Johny

[rooney0511]

Hi Friends,
I applied for enterpreneur visa though 50k channel after my PSW in 2013 april.My visa got rejected in two months time saying i submitted wrong document(Company house appimtment letter Insted of company house appointment report).My partner got the visa meantime.I made an appeal and got hearing on 26th Jan 2015 but even in court it got dismissed saying all the documts should be submitted before decission is made.I have got chance to go upper tribunal which i did.Meanwhile i applied for reconsidearion of my application in march2015 but they rejected and told me to go back home with in 28days or to make a fresh application.My solicitor says as my upper tribunal caseis still pending you have right to stayback until the decission is made and 28days after decission if i want.Please friends suggest me whether to ignore HO letter to leave the country and wait for the decission or go home as per HO letter.

Thankyou for your time.
Please suggest your views.
Thnx again.

Hi,
Just a small clarification, When you applied in 2013 did you and your partner apply at the same time.
If your partner was approved, then they should have had the CAR Report along his application, and as both your names
would have been on the report, why did you not high light that in the appeal.
If you both applied at the same time and he provided CAR on his application, then you should let the Upper Tribunal know immediately before they decide as that should fall under old evidence and not new.
Back in 2013 Team Members submitted only one set of documents

[Johny123]

Hi thankyou for your reply,

We applied on the same date.But my partner appication was sent back as his address was wrong on that application.He got his application fee back and got a chance to reapply.So my partner got a chance to send his CAR along with his documents which i missed in my applicaion.I submitted couple of documents from company house like company house appointment letter which clearly state that i am the director of the company and more documents from HMRC and Company house which clearly shows that we both had 50-50 shares and we both are dorectors of the comapny.They sent me a letter to send CAR when i applied i sent Comapany house appointment letter which i recieved through post thought it will serve the purpose as it was clearly showing me as director of the company and company details like address.The next response was rejection saying that i submitted wrong document.I made a reconsideration with proper CAR and also submitted to court but i failed in both the places.Please advise me what step should i take to win at higher tribunal.Thankyou for your time.I am glad with your advices.Thankyou.

[rooney0511]

Hi thankyou for your reply,

We applied on the same date.But my partner appication was sent back as his address was wrong on that application.He got his application fee back and got a chance to reapply.So my partner got a chance to send his CAR along with his documents which i missed in my applicaion.I submitted couple of documents from company house like company house appointment letter which clearly state that i am the director of the company and more documents from HMRC and Company house which clearly shows that we both had 50-50 shares and we both are dorectors of the comapny.They sent me a letter to send CAR when i applied i sent Comapany house appointment letter which i recieved through post thought it will serve the purpose as it was clearly showing me as director of the company and company details like address.The next response was rejection saying that i submitted wrong document.I made a reconsideration with proper CAR and also submitted to court but i failed in both the places.Please advise me what step should i take to win at higher tribunal.Thankyou for your time.I am glad with your advices.Thankyou.

If your partners second application was there at the home office, before your application got refused then you might have a chance to say that CAR was there with your partners application.