Another Strange and surprising Decision by Home Office

[rehan01]

Dear All,

here we go another strange and shocking decision by home office .....

A friend of mine on PSW visa applied for Tier 1 Entrepreneur visa in December 2012 ... Attended interview in April 2013 and got refusal in May 2013 with no right of appeal as he had valid PSW visa till August 2013.

He submitted new application in August 2013 also covering all the previous refusal points etc and yesterday he got refused again but this time HO made very strange and shocking decision ... they void his application and refunded his application fee (by cheque) and attached the same refusal letter which they sent him before for his first application but this time gave him right of appeal.

Now I am just wondering what does Law say about it can HO void the application like this when he had valid visa at time of submission of application?

ofcourse he is going to appeal but will he be able to use the documents he submitted with the application in august which HO void and send back to him?

does anyone ever had similar situation? or know someone who is been to situation like this?

please share your view .... much appreciated.

regards

[top]

Sorry to hear his loss
The provisions under Home office took a decision as this as far as I know is not mentioned in any of their policies, or /and guidance however If such provision exist within immigration rules or their code of practice I do not know.
They upheld their previous decision on this application alarming this applicant to prove if applicant is a genuine entrepreneur as defy accepting new evidences through new application would not have been turned down.
If the grounds of refusal in previous application were not easy met, but met forcefully by this applicant through new application and provided evidences that clearly indicated that it is an endeavour to obtain a visa rather than a genuine intention to establish a business looks like a reason why they did not take on new evidences when decided his application.

Above is just a probability I could be totally wrong!!!

[skyblue9]

That's just ridiculous how can HO be so harsh with applicants and that too even two times I think it's joke for them .. Just can't believe this ...
What are the reasons they gave in refusals ??

[skyblue9]

I mean he applied a lot early he was not in rush so how can his application be forceful to get the visa he cud have wait.. It's v strange did they give any other reasons ?

[RizKCB]

Strange...

What are the refusal points with first application?

Now what could be the outcome of appeal?

[rehan01]

thanks all for your prompt replies ....

standard refusal points ..... Not Genuine Entrepreneur .... Money given by your brother we can only see £30K transfer from his account to your and rest £20k you didn't show us any prove (with new application he attached an declaration from his brother that I given him money and sign and attested by solicitor)..... All £50k in his own account since December 2012.

He had really good interview too but still refused but what I don't understand is how come they didn't even consider the new application and return back the whole paperwork and refunded the application fees too and send the same refusal with a letter that we are giving you right of appeal this time.

other reason of refusal was ........ Market research, why doing business from home (no letter from landlord provided), no liability insurance etc

all above reasons was covered in new application and but they didn't even consider the new application now I don't knw what he will fight in court ? will judge consider the new documents which he submitted with new application which was void by HO?

Also what does Law say about this can HO really do this? as he was legal in country and had valid visa when submitted application??

regards

[top]

I had an imagine I anticipated above however, it is clearly a case of being accused for being not genuine.
do not get me wrong he could have been refused with the same reason with no right of appeal I call it a favor when they thought our judgments can be wrong let this applicant prove in appeal. if you as a third party give it a close look you find the same as I did.
naturally if the office(work place) was not required he had his company registered using home address, if he had or have no employees working he can not have insurance you have to have at least one employee to buy employer's liability I do not know if he arranged or arrange meetings with clients at his residence should have bought public liability insurance(if this was the case). having insurance technically needs a landlord permission where you get clients coming in for business purposes, as part of providing professional services he needed to have professional indemnity on top of all that.

he would have to involve and stay involved providing services to clients to a extended level could then be considered him a genuine entrepreneur in appeal.

thanks..

[rehan01]

thanks for the reply top ..... but all the above mentions points by yourself and all the refusal points were covered in the new application which they totally ignored and make it void and send it back to him without even considering the application just wondering if there is something in law which they have implemented in above case and made his application void and stick to the original refusal decision and gave him right of appeal as his last leave to remain is expired now.


regards

I had an imagine I anticipated above however, it is clearly a case of being accused for being not genuine.
naturally if the office(work place) was not required he had his company registered using home address, if he had or have no employees working he can not have insurance you have to have at least one employee to buy employer's liability I do not know if he arranged or arrange meetings with clients at his residence should have bought public liability insurance(if this was the case). having insurance technically needs a landlord permission where you get clients coming in for business purposes, as part of providing professional services he needed to have professional indemnity on top of all that.

he would have to involve and stay involved providing services to clients to a extended level could then be considered him a genuine entrepreneur in appeal.

thanks..

[top]

Thanks...

I edited my last by putting a new line in... !!
thanks..

[rehan01]

do not get me wrong he could have been refused with the same reason with no right of appeal I call it a favor when they thought our judgments can be wrong let this applicant prove in appeal. if you as a third party give it a close look you find the same as I did.

thanks..

but how come they didn't even consider his new application ? on what basis they send the same refusal without even looking at the new application? where all the required docs were provided ? they wouldn't have refused him for the same reason if the new application was considered which they didn't even bother looking at all.

I cannot find anywhere by using which power they have void his new application which was made on time before the expiring of current leave?

his previous application was refused fair enough not proper docs was provided but again what they application do with the fresh application ? he had no right of appeal and he reapplied?

regards

[tier1in2014]

Sorry to hear that . Did they ever took his fee in 2nd application and asked for biometric . Did they sent orignal fee back or they issued a new check to refund his fee .

[rehan01]

yes they took the fees for fresh application .... attended biometric ............ and than refused and they sent same refusal letter as they sent 1st time with 1 covering letter saying you have been granted right of appeal and your fresh application is void and returned the whole lot of docs with a cheque of application fees.

regards

Sorry to hear that . Did they ever took his fee in 2nd application and asked for biometric . Did they sent orignal fee back or they issued a new check to refund his fee .

[tier1in2014]

This is strange if they had refuse with same letter why did they took that long to decide and took fee and then refunded . This is something totally new by home office . Is there any one else out there with similar situation .

[rehan01]

they simple gone crazy and don't knw wht to do ..... totally just a waste of time and money.


regards

This is strange if they had refuse with same letter why did they took that long to decide and took fee and then refunded . This is something totally new by home office . Is there any one else out there with similar situation .

[tier1in2014]

Looking at his refusal points did they ever awarded him any points for funds .

[top]

I am sorry if I cause an increment in your pain but Dear Rehan you seem one of top seniors on this forum should know something that a thing called genuine entrepreneur test this guy does not seem fit enough going safe through it.

my very 1st post as a reply to this topic if you give it another read I tried to talk about the requirements he met second time were forcefully for a sake of visa is what they think, but if he thinks decision is wrong he still can prove it as appellate authorities are different than home office officers are,

final thing the provision to do what they did is still in bleak,

wish him best of luck for his appeal..
thanks..

[rehan01]

thanks for your reply and kind words top ......... I understand where you coming from and I agree with your arguments that he is not passing Genuine Entrepreneur Test (every individual got different way of assessing the case) .................. so why don't they refuse his new application saying you r not genuine entrepreneur ??? atleast than he will be able to use the docs he submitted with the application to prove himself genuine entrepreneur in court ..... but as per my understanding now he cannot use the docs which he submitted with the new application in court as HO void that application and returned his fees. (Still I can not find anywhere by using which law they void his valid application and implemented same refusal to new application which was not even considered by case worker)


but again like many other people on this forum who got refused saying you are not genuine entrepreneur and other stupid reasons like landline number missing etc got there appeal allowed etc at the end of the day HO is not GOD as they r just treating us immigrant like a Piece of S**t and there is no one to question them.

regards

I am sorry if I cause an increment in your pain but Dear Rehan you seem one of top seniors on this forum should know something that a thing called genuine entrepreneur test this guy does not seem fit enough going safe through it.

my very 1st post as a reply to this topic if you give it another read I tried to talk about the requirements he met second time were forcefully for a sake of visa is what they think, but if he thinks decision is wrong he still can prove it as appellate authorities are different than home office officers are,

final thing the provision to do what they did is still in bleak,

wish him best of luck for his appeal..
thanks..

[top]

“In line with paragraph 245DD(1) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

Dear Rehan,

last half of above paragraph seems the provision I was looking for he refused to accept the latest documents or reforms under,

thanks..

[Kokopop]

This is really shocking,they are just taking us for a ride ! Absolutely unacceptable ,how can they void his application . What are the reasons for voiding his second application ?

[Momi]

Home office refusing applications everyday but what I think there is defo some mistake which we make while submitting the application and that's why it's becoming tough everyday to get entrepreneur visa. Many people are applying for the sake of visa. And one thing more that mostly people start working on visa when have only 2-3 weeks leave remains which is not right to be honest. If we start working as soon as we can then there are good chances to get visa.

[rehan01]

thanks top ..... much appreciated but nothing like this is mention in the letter they have sent with the copies of same refusal as last time.

but thanks once again

regards

“In line with paragraph 245DD(1) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for Tier1 (Entrepreneur).”

Dear Rehan,

last half of above paragraph seems the provision I was looking for he refused to accept the latest documents or reforms under,

thanks..

[rehan01]

@ kokopop

the letter his solicitor received doesn't say any reason for voiding the application ....... the exact wording on that letter is ....... Your client's original Tier1 (entrepreneur) application has been reconsidered.

furthermore you client's Tier1 (entrepreneur) applicated dated 10 August 2013 has been voided due to us reconsidering the original application.

your client's application has been refused for the reasons set out in the enclosed notices. please ensure that these are passed to your client immediately.

regards

This is really shocking,they are just taking us for a ride ! Absolutely unacceptable ,how can they void his application . What are the reasons for voiding his second application ?

[KickAss]

Right
Went through all the comments and here are my words
UKBA may have some internal assessment system to decide if an individual is right fit or not.
When your friend applied initially , they assessed the application and rejected based on the points you have already mentioned.
Later, after properly addressing all the concerns, your friend nailed it in second app.
At this point, UKBA did not had any valid reason to reject your friend's app, but still he is a misfit as per the internal assessment.

So now, UKBA has an entirely different objective, "what is the best way we can rejected this person as he has failed our internal assessment ?"
As I understand

1) They cannot reject him coz all the paper work is absolutely perfect. Even if they do so they have to give him appeal and he will win.

2) Appeal right for first application:- This way UKBA will have solid reasons to fight and defend the case + this gives them a luxury to void the second application.



I have understood second point from your comments Rihan01
(Correct me if I am wrong)

If 2) is a valid point, they practically UKBA can sc*** any one they want.
I mean if someone made a mistake in the first application and he has made a fresh application, UKBA can use 2 to reject.

This look like a flawed system !

Either we are missing some information or we are not aware about the rules/regulation to counter this.

@ kokopop

the letter his solicitor received doesn't say any reason for voiding the application ....... the exact wording on that letter is ....... Your client's original Tier1 (entrepreneur) application has been reconsidered.

furthermore you client's Tier1 (entrepreneur) applicated dated 10 August 2013 has been voided due to us reconsidering the original application.

your client's application has been refused for the reasons set out in the enclosed notices. please ensure that these are passed to your client immediately.

regards

This is really shocking,they are just taking us for a ride ! Absolutely unacceptable ,how can they void his application . What are the reasons for voiding his second application ?

[Olasunkanmi]

@ rehan01, Home Office have a system where they can reconsider a refused application and then use the evidence of reconsideration to support their case in court.
But another thing to note is that since they have reconsidered your friend's initial application, then they won't treat his second application at that moment during reconsideration as new evidence can't be use during reconsideration.

But your friend have the option of resubmitting the returned second application because only one reconsideration is allowed for each applicants and at this time, HO have no choice than to treat it as a fresh application.

Your friend now have 2 options which are; either go for appeal or submit a fresh application with new evidence.

The case might look strange, but Home Office procedure is still followed in your friends case.

Your friend also need to find a way of beating them in their clever game.

[Dayyurite]

@ rehan01, it seems that your friend or his solicitor applied for a reconsideration of the first application after the refusal becasue home office will not reconsider a case without a request to do so.

May be they later discovered that a reconsideration was in progress while treating the second application.

The question now is that, is your friend still qualify to put a fresh application in now considering the 28 days rules?

It's quit tricky, but my suggestion is that he should appeal now and hopefully it goes well for him because he will still qualify to reapply within 28 days if he fail in appealf

Best regards