Won appeal but received a letter today,Please advice

[knightinkhaki]

Hello,

My friend recently won an appeal in the FTT the hearing of which happened on the 7th of October and the outcome of the appeal was notified to his solicitor on the 14th of October.

Today on the 19th he received a letter which states the following text

"To the appellant and Respondent
This is to acknowledge receipt on 16th October 2013 of an application for permission to appeal to the Upper Tribunal

You will be informed of the decision in writing."


What does this letter mean? Is it just lack of coordination between departments or the home office is appealing to the UTT? Or somethingelse? Please advice!


Thanks

[Choc-Ice]

Hello,

My friend recently won an appeal in the FTT the hearing of which happened on the 7th of October and the outcome of the appeal was notified to his solicitor on the 14th of October.

Today on the 19th he received a letter which states the following text

"To the appellant and Respondent
This is to acknowledge receipt on 16th October 2013 of an application for permission to appeal to the Upper Tribunal

You will be informed of the decision in writing."


What does this letter mean? Is it just lack of coordination between departments or the home office is appealing to the UTT? Or somethingelse? Please advice!


Thanks

HO have lodged an to appeal against the decision. You will find out why they have appealed and if they have been granted permission to appeal in another letter which will probably be in about a week or 2..If granted then it will go to the Upper Tribunal!

It just means they are not satisfied and probably believe Judge must have made an error somewhere..You just have to sit and wait now!

[knightinkhaki]

Thanks for the reply Choc-Ice.Do you think I have a reason to worry? His case was just finished in 5 min,our solicitor said it was his fastest case ever,FTT also refunded the 140GBP which was paid towards the case.

[Choc-Ice]

Thanks for the reply Choc-Ice.Do you think I have a reason to worry? His case was just finished in 5 min,our solicitor said it was his fastest case ever,FTT also refunded the 140GBP which was paid towards the case.

You don't need to worry..Like I said you will get another letter in about 2 weeks or so letting you know the outcome of the application..As you have a solicitor you should be fine with the Upper Tribunal.

[Olasunkanmi]

@ knightinkhaki, what was the refusal reason/s given for your friend?

[knightinkhaki]

@Choc-Ice Thanks for everything you said mate,will keep you posted about the progress of the case,Iam hoping to see your replies then too.


@Olasunkanmi He had the address and telephone number of the entity sponsoring a part of his funds missing on his bank letters and therefore according to the home office didnt claim points for the funds.

He reapplied with the necessary changes and also provided invoices for the current employees and furnished statements from his business bank account to prove that the funds were already in the Uk and to further prove the claim that it was a legitimate business.

[rizwan567]

I think, You should be worried bcoz

I think, If upper tribunal accepts Home office appeal then your earlier victory in FTT is meaningless as case will be heard kind of from the scratch.

[knightinkhaki]

@Rizwan567 Thanks for the reply.Completely understand the point you have made,but,Iam just wondering if something of that sort has happened in the past.Do you think the Tribunal will accept the appeal made by the home office?

If the solicitor representing the secretary of state had a point to make,why didnt she bring it up at the hearing at the FTT?

[Choc-Ice]

I think, You should be worried bcoz

I think, If upper tribunal accepts Home office appeal then your earlier victory in FTT is meaningless as case will be heard kind of from the scratch.

Dont you think he has to wait to see if the POA is granted before he starts to worry? At least he will then see the reasons for appealing the decision.

[Choc-Ice]

@Rizwan567 Thanks for the reply.Completely understand the point you have made,but,Iam just wondering if something of that sort has happened in the past.Do you think the Tribunal will accept the appeal made by the home office?

If the solicitor representing the secretary of state had a point to make,why didnt she bring it up at the hearing at the FTT?

There's a different department called - 'SAT team' that handles allowed appeal. They're paid to scrutinize appeal outcomes and see if there has been any error! It has nothing to do with the presenting office that attended the hearing.. They probably have found an error in the allowed appeal but you will find out if they get the permission to appeal.

[knightinkhaki]

@Choc-Ice Thanks for the replies. Iam just hoping that the appeal to the upper tribunal isnt allowed.Please do write in with your valuable replies,much appreciated mate.

[Olasunkanmi]

@ knightinkhaki, if your friend have already corrected the documents in the second application, then he should be able to also win at the UT as HO will find it difficult to proof anything.

He should also continue trading so he can proof the genuineness of his business.

[knightinkhaki]

@Olasunkanmi Thanks for the reply mate.We are just hoping the appeal to the upper tribunal isnt allowed in the first place.Will keep you updated on the progress.

[Lola22]

I don't think there will be any problem if that was the only reason of refusal. They have nothing to appeal against. If they want to go ahead, you guys should be ready for them. They have no case.

[knightinkhaki]

@Lola22 Thanks for the reply mate,been talking to a lot of people about the duration that this whole exercise might take,its just the wait thats worrying.

[knightinkhaki]

Another quick question,can someone on a Tier 1 Entrepreneur(Who owns an It consulting company) work as a "contractor"" in a large IT consulting company.

People aware of how the employees work as a contractor here in the United Kingdom please advice! Or any expert who exactly know what I mean,please advice!

For example :

"A" owns a company.

A wants to work for B as a contractor.Can A work as a contractor through his own company while he is on Tier 1 Entrepreneur visa.There will be a service agreement between both A's company and company B.

PLease advice! Thanks.

[red poltergeist]

Yes you can work as an contractor as you are providing services from your company to the other company. Even the payment made is sent to your company's business account you take the dividend from the money you receive so its all legal and you don't have to worry about it. correct me if I am wrong.

[Lola22]

Yes, you can work as an contractor to another company provided that your company is rendering the services that the company is rendering or is now rendering and the payment of services is paid in the company business account.