Tier 1 Entrepreneur Appeals

[khan_81]

I appealed on 16th April
Money deducted on 3rd May
Since then no reply and waiting

[khan_81]

My business partner whose visa refused and appealed on 16th April got his hearing date on 16th September

[freend4u]

Appealed 19/4/13
Hearing 27/6/13

[penny1012]

Just updating, appealed on 28th of March, hearing date 27th august.

[rsrameshsunil]

In-Country Appeals used to be faster. Looks like not anymore. From my observation and personal experience, it looks like people used to have a hearing date in 1-2 months from date of lodging. Now days atleast 4 months. May be even 5months. Then, written judgement will take another month to arrive. And finally 3-4 months(This part is not guaranteed as it will be in the hands of UKBA. And we all know their speed.) after that for the visa to be issued if won.

Overall a solid 8-11 months for the entire appeal process. My God!

For those who are appealing. Once you are done with preparing the arguments and bundles, Just relax and focus on your other work. Its gonna take longer and longer.

[babylondoner]

out of curiousity, what factors actually determine the appeal dates?

is it the location where the client is loacted, the location where the lawyer is located or is it determined randomly?

do some courts in some parts of UK have longer appeal hearing waiting dates than others?

for example, will someone in wales get a quicker date compared with an applicant in london?

[rsrameshsunil]

out of curiousity, what factors actually determine the appeal dates?

is it the location where the client is loacted, the location where the lawyer is located or is it determined randomly?

do some courts in some parts of UK have longer appeal hearing waiting dates than others?

for example, will someone in wales get a quicker date compared with an applicant in london?

I remember asking the same question to HM Courts and Tribunals service customer care. They reverted by saying it is the judge's availability. So technically speaking you are right. Location does matter. Whereever possible they try to allot a court closer to the applicant's address/ Representative's address. But at the same time, it doesn't mean that people from wales could get a quicker hearing date. This is because there may be lesser number of immigration judges present in a city of wales as compared to london.

From what i understand, there are not many immigration judges in the whole country. May be definitely less than 100.; may be around 60 possibly(may be i am wrong). I also noticed that each judge handles around 4-8 cases a day depending on complexity; and that includes human rights cases too. Looking at the current situation, there are too many refusals than before. Especially the tier1 entrepreneur refusals for silly reasons. These cases are just getting appended to the existing list of complex human rights cases/ out-of-country Entry clearance cases/ detentions/ bails/ etc... and other PBS cases.

[Tee89]

Dear Forumites and any Lawyers in the house,

I am in a precarious situation with regards to my switch from Tier 4 to Tier 1(Entreprenuer) which I made on recommendation of people who adviced me to use the route of entreprenuer (under group a) not knowing that I needed to apply through the route of Graduate Entreprenuer (under group c). This has meant that the approx £100,000 which I showed as evidence for funds available to me (£50,000 is required amount) did not award me the needed 25points as I had to show £200,000 under the chosen route I applied through. This is an honest mistake and since applying for my leave to remain as an entreprenuer, I have invested over £20,000 in my U.K business which is billed to open on the 21/6/2013 and I have commited myself into a lease agreement on the property for 8years and a council rate of £9,500 which I have no doubt my business can afford because it is currently the first and only in the region only if I am allowed to stay and run the business. My biggest concern is the money I have invested in this business, the fact that the business will fail if I am not allowed to stay back and run it, the rent which I have commited to which is in excess of £19,000 and the business rates. Not to mention the full time and part time staff who I have employed. Please is there anything I can do or submit in my appeal on this decision to grant me the much needed stay. Also my sponsors were willing to give me £50,000 which is more than the business needed but not £200,000 so that is not an option and I have invested half of the £50,000 already in my U.K business. I can explain anymore information you require. Please help me as I don't want to be an overstayer or to go home and reapply for entry as my business is still extremely young to leave without supervision and input. I look forward to hearing from you.

Kind Regards,

[Extension2013]

Today was my hearing date on appeal,but unfortunately,my solicitor raised an objection that she had not received any bundle from the HO.The immigration Judge asked the HO Representative to do the needful as quickly as possible and adjourned the hearing to an earliest possible date.As soon as I receive the next hearing date,I will share with the fourm.Thanks a lot.

[Tee89]

How come no one is answering my query...

Dear Forumites and any Lawyers in the house,

I am in a precarious situation with regards to my switch from Tier 4 to Tier 1(Entreprenuer) which I made on recommendation of people who adviced me to use the route of entreprenuer (under group a) not knowing that I needed to apply through the route of Graduate Entreprenuer (under group c). This has meant that the approx £100,000 which I showed as evidence for funds available to me (£50,000 is required amount) did not award me the needed 25points as I had to show £200,000 under the chosen route I applied through. This is an honest mistake and since applying for my leave to remain as an entreprenuer, I have invested over £20,000 in my U.K business which is billed to open on the 21/6/2013 and I have commited myself into a lease agreement on the property for 8years and a council rate of £9,500 which I have no doubt my business can afford because it is currently the first and only in the region only if I am allowed to stay and run the business. My biggest concern is the money I have invested in this business, the fact that the business will fail if I am not allowed to stay back and run it, the rent which I have commited to which is in excess of £19,000 and the business rates. Not to mention the full time and part time staff who I have employed. Please is there anything I can do or submit in my appeal on this decision to grant me the much needed stay. Also my sponsors were willing to give me £50,000 which is more than the business needed but not £200,000 so that is not an option and I have invested half of the £50,000 already in my U.K business. I can explain anymore information you require. Please help me as I don't want to be an overstayer or to go home and reapply for entry as my business is still extremely young to leave without supervision and input. I look forward to hearing from you.

Kind Regards,

[babylondoner]

Dear Forumites and any Lawyers in the house,

I am in a precarious situation with regards to my switch from Tier 4 to Tier 1(Entreprenuer) which I made on recommendation of people who adviced me to use the route of entreprenuer (under group a) not knowing that I needed to apply through the route of Graduate Entreprenuer (under group c). This has meant that the approx £100,000 which I showed as evidence for funds available to me (£50,000 is required amount) did not award me the needed 25points as I had to show £200,000 under the chosen route I applied through. This is an honest mistake and since applying for my leave to remain as an entreprenuer, I have invested over £20,000 in my U.K business which is billed to open on the 21/6/2013 and I have commited myself into a lease agreement on the property for 8years and a council rate of £9,500 which I have no doubt my business can afford because it is currently the first and only in the region only if I am allowed to stay and run the business. My biggest concern is the money I have invested in this business, the fact that the business will fail if I am not allowed to stay back and run it, the rent which I have commited to which is in excess of £19,000 and the business rates. Not to mention the full time and part time staff who I have employed. Please is there anything I can do or submit in my appeal on this decision to grant me the much needed stay. Also my sponsors were willing to give me £50,000 which is more than the business needed but not £200,000 so that is not an option and I have invested half of the £50,000 already in my U.K business. I can explain anymore information you require. Please help me as I don't want to be an overstayer or to go home and reapply for entry as my business is still extremely young to leave without supervision and input. I look forward to hearing from you.

Kind Regards,

How on earth can you invest and commit so much without a valid visa???? Did you actually think visa applications get 100 percent approval????

I will suggest you get a good lawyer to advice you and let you know what options you've got.

[business genius]

hi extension 2013
Badluck that ur solicitor didn't received the bundle. Did u had the meeting before hearing date with solicitor and did u know that she has not received bundle. Its just the another wait, how disappointing...
However good luck!

[MNaveedonline]

hi extension 2013
Badluck that ur solicitor didn't received the bundle. Did u had the meeting before hearing date with solicitor and did u know that she has not received bundle. Its just the another wait, how disappointing...
However good luck!

HI Extension 2013.

Why ur solicitor need bundle from UKBA, They should have scan copies and photocopies of your case and refusal letter as well. I did not catch you, why she is waiting for HO bundle. Good Luck any way.

[last_resort]

Hi,

I have received a refusal with a right to appeal; lost all faith in my lawyer. Tried to call other lawyers but looks like nobody calls you a call back.

I have nowhere to go and have invested into the business, a few questions:

1) Can I file for an oral appeal by myself?
2) What documents do I need to file an appeal.
3) Do I need to fill Section D, if I am appealing for an Oral appeal.

The reasons are as follows:

1) You showed less funds than before - the reason I invested that money in the business, I have proofs
2) No Current Appointment report - can produce one
3) NQF level 4 below application, have proof that showed NQF level 6 occupation in business plan in interview.

I applied on 15th Dec 2012, Interview 16th May 2013 and rejection sent on 3rd June 2013.

Can somebody pls HELP ME! I have very less days to appeal.

Thanks,

[khan_81]

Hi just an update on my appeal
Appeal hearing date is 24th September 2013. Will be updating
Thanks

[ZFDar]

I had hearing last week and UKBA lawyer dropped bank letter issue himself even before starting the normal case proceeding as he agreed that it doesn't make sense that bank write any other person's name on its letter apart from their customer so it's not an an issue anymore. Just relax on that issue and prepare yourself on other rejections and get little bit know how of your business plan. If your third party (sponsor) going with then it's a positive impact on case but also let them know about yourself and about your business plan little bit and most importantly, both of you must have common answers. I did present new declaration and fresh bank statements just to show that money is still there and available for the business but judge considered that as new evidence. Giving fresh copy of bank statement shows a positive sign but don't mention in your statement and don't stress on that much. It's good to attend your local court for any other Entrepreneur appeal hearing before yours because that will give little bit idea of court proceeding and you will feel confident on the day of your on hearing. Good Luck

[Extension2013]

hi extension 2013
Badluck that ur solicitor didn't received the bundle. Did u had the meeting before hearing date with solicitor and did u know that she has not received bundle. Its just the another wait, how disappointing...
However good luck!

HI Extension 2013.

Why ur solicitor need bundle from UKBA, They should have scan copies and photocopies of your case and refusal letter as well. I did not catch you, why she is waiting for HO bundle. Good Luck any way.

Thanks.I don't know and think you may not know as well because it is legal matter.My solicitor told me that she would need to see their explanatory refusal letter with reasons which they normally prepare after an appeal and submit it in the tribunal.This should be a reply on my grounds of appeal as well.

[MNaveedonline]

hi extension 2013
Badluck that ur solicitor didn't received the bundle. Did u had the meeting before hearing date with solicitor and did u know that she has not received bundle. Its just the another wait, how disappointing...
However good luck!

HI Extension 2013.

Why ur solicitor need bundle from UKBA, They should have scan copies and photocopies of your case and refusal letter as well. I did not catch you, why she is waiting for HO bundle. Good Luck any way.

Thanks.I don't know and think you may not know as well because it is legal matter.My solicitor told me that she would need to see their explanatory refusal letter with reasons which they normally prepare after an appeal and submit it in the tribunal.This should be a reply on my grounds of appeal as well.

If u dont mind, whats ur refusal point. Thx

[junoon]

Today I got letter from court regarding my appeal. I got my hearing date on 12 august in london

[ab_1820]

Hi Guys

My partner has 6 silly reasons and i only have 3 silly reason for refusal.
My question is that i am planning to send separate appeal.....will it help.

or will the judge examine my case along with my partners ?

Please reply ASAP. I have 3 more days remaining to appeal.

Thanks

[freend4u]

My hearing was today my visa cat was 200000 one
Refusal on bank letter where they did not mentioned
The bank was regulated and third party name and contact.
So I provide new letter from bank manager which they mentioned
The bank is regulated by state bank.
My lawyer raise the point on document
Flexibility rules. Coz case worker did not contact
Me about any query. My case judgment will be in next few weeks. Just have hope and faith. Hope this info help others

[chella]

I have done appeal on 25th april. got hearing date on 2nd august.

[ab_1820]

Hi Guys,


I will be appealing my decision separately this week and not with my partner.
He has some extra reasons and will take some time to prepare the grounds for that.

so separate appeals should be fine right ?
coz the UKBA treats both applications as separate anyways ?

Looking forward to your replies

[Extension2013]

Today was my hearing date on appeal,but unfortunately,my solicitor raised an objection that she had not received any bundle from the HO.The immigration Judge asked the HO Representative to do the needful as quickly as possible and adjourned the hearing to an earliest possible date.As soon as I receive the next hearing date,I will share with the fourm.Thanks a lot.

I received RE-HEARING date on 6th November 2013,UNFORTUNATELY.

[qkiyani]

Today was my hearing date on appeal,but unfortunately,my solicitor raised an objection that she had not received any bundle from the HO.The immigration Judge asked the HO Representative to do the needful as quickly as possible and adjourned the hearing to an earliest possible date.As soon as I receive the next hearing date,I will share with the fourm.Thanks a lot.

I received RE-HEARING date on 6th November 2013,UNFORTUNATELY.

Me n my team member appealed on 22nd may13...today my team member received hearing date of 8th november n i am still waiting for my hearing date.... Long time 4 months n 1 week...