Appeal Refused and Re-Apply?

arnomarga · Post by **arnomarga** » Sat Sep 28, 2013 3:14 pm

Hi,

My friend who was on student visa applied for Entrepreneur under £200K and it was refused on bases of not mentioning his name on third party bank letter.

He went to appeal route and it was refused, judge said that why did not the money been transferred to your account etc.,

He then made an application to get the right to Upper Tribunal which was refused today. We are thinking to apply to Upper Tribunal for permission to appeal.

My question is: Can he made a fresh Entrepreneur or Tier 4 student visa application?

Someone told us that if you were on student visa, you cannot make a new application from UK now but if he was on PSW visa then he could now.

It is bit strange as PSW visa holder is allowed to make a fresh application after appeal is refused but student visa holder cant?

Does he comes under the change of circumstances under Section 3C, 3D of the Immigration Act 1971?

We will be very thankful if someone can clarify this.

TSAZ · Post by **TSAZ** » Sat Sep 28, 2013 3:33 pm

arnomarga wrote:Hi,

My friend who was on student visa applied for Entrepreneur under £200K and it was refused on bases of not mentioning his name on third party bank letter.

He went to appeal route and it was refused, judge said that why did not the money been transferred to your account etc.,

He then made an application to get the right to Upper Tribunal which was refused today. We are thinking to apply to Upper Tribunal for permission to appeal.

My question is: Can he made a fresh Entrepreneur or Tier 4 student visa application?

Someone told us that if you were on student visa, you cannot make a new application from UK now but if he was on PSW visa then he could now.

It is bit strange as PSW visa holder is allowed to make a fresh application after appeal is refused but student visa holder cant?

Does he comes under the change of circumstances under Section 3C, 3D of the Immigration Act 1971?

We will be very thankful if someone can clarify this.

hi,
sorry to your refusal.
could you plz tell did your friend applied for upper tribunal in oder to seek permision of appeal in upper tribunal and what was outcome.
and please do reserch in both cases, does if you apply new applicaion is there any chance of breaking long residency?

arnomarga · Post by **arnomarga** » Sat Sep 28, 2013 3:53 pm

Hi,

Yes he did apply to get permission for appeal in upper tribunal but it was dismissed and got a refusal letter today.

He is not worried about the long residency, just need to make sure that he is allowed to make a fresh application with the new bank statement under his name.

Thanks

Dayyurite · Post by **Dayyurite** » Sat Sep 28, 2013 4:26 pm

Did your friend used any solicitor in at the hearing in court and how did it go?

Many people are winning the appeal on the same refusal points

Choc-Ice · Post by **Choc-Ice** » Sat Sep 28, 2013 4:45 pm

arnomarga wrote:Hi,

Yes he did apply to get permission for appeal in upper tribunal but it was dismissed and got a refusal letter today.

He is not worried about the long residency, just need to make sure that he is allowed to make a fresh application with the new bank statement under his name.

Thanks

He can apply within 28 days of being refused permission from UT as he has exhausted his appeal rights.

Applications for further leave to remain under
the Points Based System decided on or after 1 October 2012 will fall for refusal if you have
overstayed for more than 28 days, unless there were exceptional circumstances which
prevented you from applying within the 28 day period. The 28 day period of overstaying is
calculated from the latest of:
• the end of the last period of leave to enter or remain granted;
• the end of any extension of leave under sections 3C or 3D of the Immigration Act
1971; or
• the point a written notice of invalidity is deemed to have been received, in accordance
with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain.

arnomarga · Post by **arnomarga** » Sat Sep 28, 2013 4:50 pm

Many thanks Choc-Ice.

Just one more question, can he make a fresh application for Entrepreneur visa if he got £200K funds under his name or the only option is to for student visa again?

I think according to new rules students are not allowed to apply for entrepreneur visa from UK, does this rule apply to him?

Thanks in advance.

Choc-Ice · Post by **Choc-Ice** » Sat Sep 28, 2013 5:23 pm

arnomarga wrote:Many thanks Choc-Ice.

Just one more question, can he make a fresh application for Entrepreneur visa if he got £200K funds under his name or the only option is to for student visa again?

I think according to new rules students are not allowed to apply for entrepreneur visa from UK, does this rule apply to him?

Thanks in advance.

I am not to sure because according to the most recent policy guidance

If you are in the UK with permission to stay as:
• a Tier 4 migrant;
you are allowed to make an initial application in the UK (including switching from one immigration category to another) only if you have specific types of funding.

You must have access to £50,000 or more from:
i) one or more registered venture capital firms regulated by the Financial Conduct Authority (FCA);
ii) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investment (UKTI) website; or
iii) one or more UK Government Departments or Devolved Government Departments in Scotland, Wales or Northern Ireland, which is made available by the Department(s) for the specific purpose of establishing or expanding a UK business. (This is also referred to as a section b funding in this document.)

Students without this type of funding are not permitted to switch into the Entrepreneur category in the UK.[/u]

You mentioned that your friend has 200k which is not from any of the specified types of funding! On paper he cannot switch into Tier 1 but I guess if he does not want to apply from abroad he can try.

Olasunkanmi · Post by **Olasunkanmi** » Sat Sep 28, 2013 5:47 pm

arnomarga wrote:Many thanks Choc-Ice.

Just one more question, can he make a fresh application for Entrepreneur visa if he got £200K funds under his name or the only option is to for student visa again?

I think according to new rules students are not allowed to apply for entrepreneur visa from UK, does this rule apply to him?

Thanks in advance.

@ arnomarga, what is the current status of your friend? And how long does he still have if any?

Olasunkanmi · Post by **Olasunkanmi** » Sat Sep 28, 2013 5:48 pm

arnomarga wrote:Many thanks Choc-Ice.

Just one more question, can he make a fresh application for Entrepreneur visa if he got £200K funds under his name or the only option is to for student visa again?

I think according to new rules students are not allowed to apply for entrepreneur visa from UK, does this rule apply to him?

Thanks in advance.

@ arnomarga, what is the current status of your friend? And how long does he still have if any?

arnomarga · Post by **arnomarga** » Sat Sep 28, 2013 6:13 pm

He applied last year when students were allowed to apply by using third party funding from inside the UK.

His student visa was finished last year when he applied for entrepreneur visa.

According to the new rules students cannot apply from inside the UK unless he can get some funding as per guidance.

As his appeal has been dismissed and he only got 28 days to make a fresh application....can he make a new application for entrepreneur visa or the only option is student visa?

Olasunkanmi · Post by **Olasunkanmi** » Sat Sep 28, 2013 8:40 pm

arnomarga wrote:He applied last year when students were allowed to apply by using third party funding from inside the UK.

His student visa was finished last year when he applied for entrepreneur visa.

According to the new rules students cannot apply from inside the UK unless he can get some funding as per guidance.

As his appeal has been dismissed and he only got 28 days to make a fresh application....can he make a new application for entrepreneur visa or the only option is student visa?

@ arnomarga, you guys probably know the answer to your questions.
Its a matter of the law if he cant apply from within the UK unless from abroad, so the only option is for him to continue his study and apply for student visa again.

mkd1234 · Post by **mkd1234** » Sat Sep 28, 2013 10:07 pm

Are u sure the only reason of refusal was not mentioning his name in the 3rd party bank letter ? If this was the only reason then its not fair to get him refused for upper tribunal.

arnomarga · Post by **arnomarga** » Sun Sep 29, 2013 12:16 am

Yes that is the only reason and we are also very surprised/sad as I have read lot of posts where people won their appeals on third party refusal.

logicalkhan · Post by **logicalkhan** » Sun Sep 29, 2013 7:58 am

Its so ridiculously wrong....... well get all the references and take the case to high court if thats possible. If the decesion was after 6 september then they are going against their own policy. Had u been granted the permission to upper tribunal u would have won the case. How come if in one place the refusal decision over turns in one case while in the same case on the other place don't get even the permission to upper tribunal.

arnomarga · Post by **arnomarga** » Sun Sep 29, 2013 2:20 pm

we hired a barrister for upper tribunal for permission to appeal and she raised very strong points and personally I don't think you could go better than that but Judge did not consider any of those points and dismissed.

now we have decided that instead of going further, we should make a fresh application for tier 4 student visa.

Olasunkanmi · Post by **Olasunkanmi** » Sun Sep 29, 2013 2:46 pm

arnomarga wrote:we hired a barrister for upper tribunal for permission to appeal and she raised very strong points and personally I don't think you could go better than that but Judge did not consider any of those points and dismissed.

now we have decided that instead of going further, we should make a fresh application for tier 4 student visa.

@ arnomarga, did your barrister explain to you if you got any other option of challenging the upper tribunal decision as applying for student visa at the moment when others have won similar cases might look desperate.

I think its better for you guys to consult your barrister and explore all legal way before submitting a fresh application for student visa.

arnomarga · Post by **arnomarga** » Sun Jan 12, 2014 5:06 pm

Just to update you guys that we challenge the upper tribunal decision and finally they admit that an error in law has been done so now we are waiting for the hearing date.

I will update you once we will have any further information.

qxoil · Post by **qxoil** » Mon Jan 13, 2014 9:32 am

arnomarga wrote:Just to update you guys that we challenge the upper tribunal decision and finally they admit that an error in law has been done so now we are waiting for the hearing date.

I will update you once we will have any further information.

hi arnomarga,
could you please tell me when did ur appeal was dismissed from 1st tribunal?
how long you had to wait for reply, permission to appeal from 1st tribunal took ?
long long upper tribunal took to consider you appeal as you said you waiting for upper tribunal to give a hearing date.

please please reply me. i just received my appeal decision from 1st tribunal and unfortunately my appeal been dismissed. i am going to apply for permission to apply in upper tribunal.

thanks in advance.

qxoil · Post by **qxoil** » Mon Jan 13, 2014 9:05 pm

hi arnomarga,
could you please tell me when did ur appeal was dismissed from 1st tribunal?
how long you had to wait for reply, permission to appeal from 1st tribunal took ?
long long upper tribunal took to consider you appeal as you said you waiting for upper tribunal to give a hearing date.

please please reply me. i just received my appeal decision from 1st tribunal and unfortunately my appeal been dismissed. i am going to apply for permission to apply in upper tribunal.

thanks in advance.

arnomarga · Post by **arnomarga** » Sun Jan 19, 2014 11:30 am

Hi qxoil,

I don't know the exact dates but he applied end of last year 2012, its been an year now with application and appeal process.

Yesterday he got the letter for his hearing date which is mid Feb, 2014.

Olasunkanmi · Post by **Olasunkanmi** » Wed Feb 12, 2014 12:57 am

@ arnomarga, try to update us with the outcome of your friend's appeal if he has gone for the hearing.

cpmlkhan · Post by **cpmlkhan** » Thu Feb 13, 2014 12:18 pm

There is some thing fishy which has not been mentioned so I think go for student visa.

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