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Finallly Refused_january application

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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samz98
Newbie
Posts: 41
Joined: Mon Jan 28, 2013 5:36 pm

Finallly Refused_january application

Post by samz98 » Sat Apr 27, 2013 1:52 pm

hi all, i have applied for visa on 16 january biometric 12th feb, visa refused on 20th march due to following reason:

trading contract doesnt have applicant signature and client signature( my lawyer forget to put the real contract in the file) ,

my question is on what grounds i can lodge appeal and i am going to start work with one new client as well in may ,can i show new contract aswell and if i show previous contract with my client signature and his statement ,is this suffice the purpose? i was given 0 points in access of funds though ihave 50k in my account:(

seniors help required as i m too much worried:(

thanks in advance

nickb
Junior Member
Posts: 93
Joined: Thu Sep 20, 2012 2:42 pm
India

Re: Finallly Refused_january application

Post by nickb » Sat Apr 27, 2013 2:16 pm

samz98 wrote:hi all, i have applied for visa on 16 january biometric 12th feb, visa refused on 20th march due to following reason:

trading contract doesnt have applicant signature and client signature( my lawyer forget to put the real contract in the file) ,

my question is on what grounds i can lodge appeal and i am going to start work with one new client as well in may ,can i show new contract aswell and if i show previous contract with my client signature and his statement ,is this suffice the purpose? i was given 0 points in access of funds though ihave 50k in my account:(

seniors help required as i m too much worried:(

thanks in advance
To be honest, in this case, the UKBA can always argue that it was your fault for not submitting the right contract. It will depend a lot on the judge. You can't submit any new evidence as part of your appeal. You really have to try and fight on the grounds that you just forgot to provide the right contract and it was a human error. That UKBA should have asked you to provide the missing information according to evidence flexibility.

They awarded you 0 points for the funds because you have to satisfy all the conditions of category (d) (iii)(iv).

samz98
Newbie
Posts: 41
Joined: Mon Jan 28, 2013 5:36 pm

Post by samz98 » Sat Apr 27, 2013 2:25 pm

yes it was totally my solicitor fault, but is it necessary to sign the contract i couldnt find this in guidance, but i am just wondering how i can strengthen the case if i get my that client into court is that ok or only his statement is sufficient? my solicitor is asking that he will explain that its not applicant fault as this is their mistake, now i am very tensed that due to solicitor fault i am suffering alot

rizwan janjua
Junior Member
Posts: 55
Joined: Thu Apr 11, 2013 5:53 am
Contact:

Post by rizwan janjua » Sat Apr 27, 2013 2:37 pm

Hi !
It's a tough situation as you not fulfilled the requirement of ukba to get signature on the contract ? Well it's very tricky when you lodge an appeal its all up to the judge ?
You can try to convience him that is been mistaken by my lawyer or its all about my furture , carrerr n bla bla.
One of my friend has almost the same seniro he lied Ab the papers & said I have send to ukba , but he actually did not send any and on a appeal he provide a copy n again original copy from the client n said its been requested again , there was no home office representative at that time n my friend able to convience he judge ! As he done in very much confident , I m not suggest you to any thing but its a example of a little in fairness of a person with hell unfairness of UKBA !
So think Ab it , be confident n apply for oral hearing appeal
Best of luck
Thanks

samz98
Newbie
Posts: 41
Joined: Mon Jan 28, 2013 5:36 pm

Post by samz98 » Sat Apr 27, 2013 2:41 pm

thanks rizwan, but if ukba repesentative will be available thn there would have problem for me:( yea its really complicated situation

rizwan janjua
Junior Member
Posts: 55
Joined: Thu Apr 11, 2013 5:53 am
Contact:

Post by rizwan janjua » Sat Apr 27, 2013 2:51 pm

He samz
Well you know in 90% no home office reprensative are there n it's on my personal experience there are mainly on assylum , family law or article 6 cases ?
Again it's your luck n how you defend your case like your previous imigration history !
Just not worry much applied for oral hearing get a date as you mor tence you lose grip on on your confidence
Just try different factors as the time get close
Prepare your self in any situation aur wat to answer

samz98
Newbie
Posts: 41
Joined: Mon Jan 28, 2013 5:36 pm

Post by samz98 » Sat Apr 27, 2013 3:03 pm

thanks rizwan.

business genius
Member
Posts: 163
Joined: Wed Mar 06, 2013 11:13 pm

Post by business genius » Sun Apr 28, 2013 8:56 am

hi
Go ahead and go for appeal..
By the time you get hearing date collect evidences and present it confidently. There is flexibility in law to present further evidences. As well in 70% case s UKBA representatives are not present in the appeal hearings.

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