Appeal Right MUST BE GIVEN to Tier 1 Entrepreneur and Tier 1

[Chuks2222]

Guys,

Home Office on basis of pointless excuses ,self judgment and minor points totally refusing extensions and ILR applicants. Tier 1 Entrepreneur Visa and Tier 1 General Visa holders while applying for ILR are not given Right of Appeal. Throwing applicants many years of efforts and wait in bin.

Please, take a moment to sign the petition via the following link:

https://petition.parliament.uk/petitions/191734


Thanks,

Chuks2222

[zimba]

Right of appeal will not return. It has been gone since April 2015 when Immigration Act 2014 came into force.

[seasky]

The problem is not appeal rights.

What t1e needs is:

A. Right to travel during extension/ILR
B. A modicum of discretion for strong entrepreneurs (e.g. the ridiculous RTI fps standards when the CW has no doubt that employment happened)

[zimba]

A. Right to travel during extension/ILR

No immigrant gets such right as Immigration Act 1971 clearly states that your section 3C ends if you leave the UK. When your visa expires and you are awaiting a new decision, you technically do not have any leave to enter the UK again. There is a need to speed up the decision making process for sure.

B. A modicum of discretion for strong entrepreneurs (e.g. the ridiculous RTI fps standards when the CW has no doubt that employment happened)

Home office policy makers and case workers are civil servants, not businessmen or experts (MAC report covered this).
Hence the requirements do not take into account the challenges of the business world. However it will be quite unfair to punish migrants who do not adhere to some definitions that someone came up with for so-called 'strong entrepreneurs', dismissing the risks and challenges of running a business and entrepreneurship. The rules and the law are strictly defined but the world of business is quite risky and volatile.
As I said before, Tier 1E is a very small portion of immigration pool and its barrier to entry is quite expensive and difficult.

[annoyedatukba]

I also believe that there needs to be more transparency or accessibility to home office staff.

Potentially a better internal system that is able to let us know what stage our application is at and roughly how much time is left before a decision can be reached. Instead of their standard " in process, do not contact us, we will contact you" kind of answer!

With regards to formats and requirements such as the RTI / FPS fiasco which I myself fell victim too and am still trying to undo the mess. If the HO wanted a certain format or would like us to use a specific software, then they should attach the relevant format to the guidelines like they've done with other things.

[seasky]

A. Right to travel during extension/ILR

No immigrant gets such right as Immigration Act 1971 clearly states that your section 3C ends if you leave the UK. When your visa expires and you are awaiting a new decision, you technically do not have any leave to enter the UK again. There is a need to speed up the decision making process for sure.

B. A modicum of discretion for strong entrepreneurs (e.g. the ridiculous RTI fps standards when the CW has no doubt that employment happened)

Home office policy makers and case workers are civil servants, not businessmen or experts (MAC report covered this).
Hence the requirements do not take into account the challenges of the business world. However it will be quite unfair to punish migrants who do not adhere to some definitions that someone came up with for so-called 'strong entrepreneurs', dismissing the risks and challenges of running a business and entrepreneurship. The rules and the law are strictly defined but the world of business is quite risky and volatile.
As I said before, Tier 1E is a very small portion of immigration pool and its barrier to entry is quite expensive and difficult.

If the UK wants top international entrepreneurs and not only Kebab guys it MUST adapt. If 3C is written in stone then work around it (easy. Give 3yr 4 month leave, allow to extend/fast ILR at 3 yrs and hand back PP/BRP to continue travel till decision made)

[babaty2k02]

Well, from my own opinion, a better petition will be one that addresses the application fee for a Child Dependant.

One could just imagine the criteria for HO 'charging' an application fee of £1204 (the last time i checked - pre April 2017) for a, for example 5 year old dependant child. And on the successful application, a 'WORK PERMITTED' is specifically written on the BRP card. Work Permitted indeed, for a 5 years, which if 'employed' will be a criminal offence/child abuse...( I do hope you get the point). A reduced fee for a child dependant (for a certain age bracket) would have been appropriate, and the removal of the WORK PERMITTED on the BRP, as it doesn't make sense.

And also, petition on the £200 per year Health Surcharge, for a child dependant....as in the UK (well, in Scotland as I am aware) every child is entitled to free prescription ad medical care, no matter what.

Enough of all this Business centre charges.......especially for a dependant child.

My Personal Opinion

[seasky]

Well, from my own opinion, a better petition will be one that addresses the application fee for a Child Dependant.

One could just imagine the criteria for HO 'charging' an application fee of £1204 (the last time i checked - pre April 2017) for a, for example 5 year old dependant child. And on the successful application, a 'WORK PERMITTED' is specifically written on the BRP card. Work Permitted indeed, for a 5 years, which if 'employed' will be a criminal offence/child abuse...( I do hope you get the point). A reduced fee for a child dependant (for a certain age bracket) would have been appropriate, and the removal of the WORK PERMITTED on the BRP, as it doesn't make sense.

And also, petition on the £200 per year Health Surcharge, for a child dependant....as in the UK (well, in Scotland as I am aware) every child is entitled to free prescription ad medical care, no matter what.

Enough of all this Business centre charges.......especially for a dependant child.

My Personal Opinion

T1e are supposed to be the high end of the immigrant pool and not concerned about a fee here or there.

There is no reason the UK needs to give free medicine £200 is a token amount