After winning the another letter came - urgent help pls

[bhote123]

Hi gurus ,

I won my appeal from the tribunal court on September 20. And Ukba did not went for upper tribunal , was in a thinking that they will straight way send me docs with visa . But instead got a letter dated on 9 dec , which was received by my solicitor on 11 dec which states the following :

- third party letter has to be provided again with the same procedure as earlier .

- and it has to reach normally within 7 days from the date of the letter . ( they did not mention in the letter that must in 7 days , and also they did not mention in 7 working days )

But my third party , is in maternity leave now , and is not available until Tuesday 17 dec .

My worry is :-
1. If unable to send by Sunday 15 dec , what will happen ?
2. I don't see any chance of sending the docs before Wednesday 18 dec. Again will it be a problem ?

The time provided is confusing , and the when I have won my appeal and they did not go for upper tribunal , why they are asking the docs again and the time period is short though ?

Pls pls advise . Thanks a lot in advance .

[therock]

Can you please tell us what was the reason of your refusal?

[bhote123]

Thank you for the reply .

My refusal was because of the third party letter , as the bank can not give a letter specifying that the money is available to me . It is available to third party then he can declare that amount to me isn't ?

Hope this info helps

[therock]

So, the home office requires the letter, even though you won the appeal??

[ILR1980]

We will contact you or your representative in writing, and the evidence must be received by the Home Office processing centers within 7 working days. We may refuse the application if the correct documents are not sent.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

You better contact to them and explain the whole situation

btw can you explain what decision you got from judge? i was refused on same ground of bank letter and waiting for decision and as far as i know our names must be in bank letter of third party according to their rules so what ruling judge gave in your favor ?

[ILR1980]

So, the home office requires the letter, even though you won the appeal??

I think judge asked home office to reconsider his appeal and sent back to secterty of state

[bhote123]

So, the home office requires the letter, even though you won the appeal??

Yah , they are asking for it again .

[bhote123]

We will contact you or your representative in writing, and the evidence must be received by the Home Office processing centers within 7 working days. We may refuse the application if the correct documents are not sent.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

You better contact to them and explain the whole situation

btw can you explain what decision you got from judge? i was refused on same ground of bank letter and waiting for decision and as far as i know our names must be in bank letter of third party according to their rules so what ruling judge gave in your favor ?

Appeal was approved in September , and now they have sent the letter again. What should I write to them. The post office is open on Sunday as well, so I guess I can write a letter to them , which reach on Monday . Please can u suggest how should I write the letter

[therock]

I am very shocked to see that HomeOffice can make troubles even after your appeal is allowed????? If appeal is allowed, how can they threat to refuse application if they don't receive a piece of paper which the judge already considered as unlawful request???

If they HO was so concerned, why did they not go for Upper Tribunal??

I don't have more words to express my feeling, seriously shocked and surprised!!

[Olasunkanmi]

@ bhote123, HO requesting for the same letter from the third party is very much allowed as they want to make sure the money is still available to you from the third party. Your initial letter from the third party might have been issued over a year ago or so.

Now just relax and don't stress yourself too much, if the money is still available to you from the third party and the third party is on maternity leave then that's enough evidence that you need more than the 7days. Just ask your solicitor to send a letter or email to the caseworker that you need more time since your third party sponsor can't get the letter from the bank within the 7days given.

They will definitely extend the time if you send them letter with proof of third party sponsor maternity leave.

[Olasunkanmi]

I am very shocked to see that HomeOffice can make troubles even after your appeal is allowed????? If appeal is allowed, how can they threat to refuse application if they don't receive a piece of paper which the judge already considered as unlawful request???

If they HO was so concerned, why did they not go for Upper Tribunal??

I don't have more words to express my feeling, seriously shocked and surprised!!

Even after visa is issue, HO can still revoke the visa under the rule, so asking for the same letter is just to get a recent copy and making sure that the third party sponsor is still ready to make the money available.

Don't forget that the recent changes in the immigration rule in Jan 2013 give HO the right to request for any documents even after visa is issued to carry out their genuineness test.

Also, HO know that the appellant has won his case, they just want to do extra check on him and this type of checks cant be done for everyone but few applicants as they don't have the resources.

[therock]

Olasunkanmi: Okay fair enough. What about if someone has already invested some of the money which was offered by the third party?

[bhote123]

Thank you all for your reply. I will be sending the letter to HO either today or tomorrow .

Does anyone knows about the post office which is open on Sunday ? In London .

[Olasunkanmi]

Olasunkanmi: Okay fair enough. What about if someone has already invested some of the money which was offered by the third party?

Then this will be the perfect proof of the applicant genuineness in doing business. All he will do is to show the documents for the invested funds and then a letter for the balance from the third party sponsor.

[babylondoner]

I am very shocked to see that HomeOffice can make troubles even after your appeal is allowed????? If appeal is allowed, how can they threat to refuse application if they don't receive a piece of paper which the judge already considered as unlawful request???

If they HO was so concerned, why did they not go for Upper Tribunal??

I don't have more words to express my feeling, seriously shocked and surprised!!

I think UKBA is beginning to undermine the court/judicial process. I really think their action is illegal. They had 5days to challenge the decision at the upper tribunal, yet they chose not to do so.

The judge has ruled that the decision is unlawful, so why are the requesting for the same document? Are they branding the judge as silly or what?

So what happens if the applicant fails to provide it? Will they refuse to issue the BRP after a JUDGE has ruled in the applicant's favour?

They seem to be really taking the piss out of applicants these days. Especially for majority of people who applied between September 2012 and March 2013.

It took them an average of 5-6 months to deal with applications, they introduced the "genuine entrepreneur interview", introduced new rules (and applied them resprotectively to already submitted applications), refused so many people on frivolous reasons, withdrew from appeals at the very last minute (leaving many applicants in a limbo) and it is also taken them forever to issue BRP to people that have won their appeals successfully.

They've totally ruined the essence of the "points based system". There's nothing points based about it. Now, the outcome of an application is very subjective and it's down to luck and the case worker who deals with your file. Two people can submit similar same set of docs.......one gets an approval, the other gets a denial. I have seen testimonies of people that did not submit half of the supporting docs I submitted with my application. Yet, their visa was aprroved while I had to prove my own case in court.

It is taking an average of 12months (application, refusal, appeal and issuance of docs) and it is just so wrong on many levels.

[bhote123]

I am very shocked to see that HomeOffice can make troubles even after your appeal is allowed????? If appeal is allowed, how can they threat to refuse application if they don't receive a piece of paper which the judge already considered as unlawful request???

If they HO was so concerned, why did they not go for Upper Tribunal??

I don't have more words to express my feeling, seriously shocked and surprised!!

I think UKBA is beginning to undermine the court/judicial process. I really think their action is illegal. They had 5days to challenge the decision at the upper tribunal, yet they chose not to do so.

The judge has ruled that the decision is unlawful, so why are the requesting for the same document? Are they branding the judge as silly or what?

So what happens if the applicant fails to provide it? Will they refuse to issue the BRP after a JUDGE has ruled in the applicant's favour?

They seem to be really taking the piss out of applicants these days. Especially for majority of people who applied between September 2012 and March 2013.

It took them an average of 5-6 months to deal with applications, they introduced the "genuine entrepreneur interview", introduced new rules (and applied them resprotectively to already submitted applications), refused so many people on frivolous reasons, withdrew from appeals at the very last minute (leaving many applicants in a limbo) and it is also taken them forever to issue BRP to people that have won their appeals successfully.

They've totally ruined the essence of the "points based system". There's nothing points based about it. Now, the outcome of an application is very subjective and it's down to luck and the case worker who deals with your file. Two people can submit similar same set of docs.......one gets an approval, the other gets a denial. I have seen testimonies of people that did not submit half of the supporting docs I submitted with my application. Yet, their visa was aprroved while I had to prove my own case in court.

It is taking an average of 12months (application, refusal, appeal and issuance of docs) and it is just so wrong on many levels.

Thank you for taking it out , which I was supposed to do . This is completely ridiculous that they are overruling the judge's decision.
Now I don't have any other option to send the docs and believe they will again refuse my application saying that the money is not available to me . For god sake, tell me please how a bank can issue a letter that money in third party's account is directly available to me . First it is available to him then he can declare that money available to me . None of the bank in the whole world can issue this kind of letter .

So gurus finally , what should I do ? Shall I send the docs again or challenge HO in court again overruling their recent letter to provide docs again , which has be already provided a year back and also has been said correct by the judge .

This entire process is just frustrating . I applied on 21 jan 2013. How long more it is going to be stretched ? Feel like to abort the process immediately.

[babylondoner]

I am very shocked to see that HomeOffice can make troubles even after your appeal is allowed????? If appeal is allowed, how can they threat to refuse application if they don't receive a piece of paper which the judge already considered as unlawful request???

If they HO was so concerned, why did they not go for Upper Tribunal??

I don't have more words to express my feeling, seriously shocked and surprised!!

Thank you for taking it out , which I was supposed to do . This is completely ridiculous that they are overruling the judge's decision.
Now I don't have any other option to send the docs and believe they will again refuse my application saying that the money is not available to me . For god sake, tell me please how a bank can issue a letter that money in third party's account is directly available to me . First it is available to him then he can declare that money available to me . None of the bank in the whole world can issue this kind of letter .

So gurus finally , what should I do ? Shall I send the docs again or challenge HO in court again overruling their recent letter to provide docs again , which has be already provided a year back and also has been said correct by the judge .

This entire process is just frustrating . I applied on 21 jan 2013. How long more it is going to be stretched ? Feel like to abort the process immediately.

Have you spoken to your lawyer about it? There has to be a legal option for you.

What was the judge's statement in the appeal decision? Was HO directed to reconsider your application or did the judge conclude that the decision was unlawful?

[ILR1980]

We will contact you or your representative in writing, and the evidence must be received by the Home Office processing centers within 7 working days. We may refuse the application if the correct documents are not sent.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

You better contact to them and explain the whole situation

btw can you explain what decision you got from judge? i was refused on same ground of bank letter and waiting for decision and as far as i know our names must be in bank letter of third party according to their rules so what ruling judge gave in your favor ?

Appeal was approved in September , and now they have sent the letter again. What should I write to them. The post office is open on Sunday as well, so I guess I can write a letter to them , which reach on Monday . Please can u suggest how should I write the letter

I asked that what was the decision of judge if you can tell us briefly..when they allow appeal they give reasons for their decisions. what did he said? did he asked home office to reconsider your application(mostly happen in appeal cases with misisng informations) or did he asked them to issue you a visa because you did statisfy all the requirement etc

[bhote123]

We will contact you or your representative in writing, and the evidence must be received by the Home Office processing centers within 7 working days. We may refuse the application if the correct documents are not sent.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

You better contact to them and explain the whole situation

btw can you explain what decision you got from judge? i was refused on same ground of bank letter and waiting for decision and as far as i know our names must be in bank letter of third party according to their rules so what ruling judge gave in your favor ?

Appeal was approved in September , and now they have sent the letter again. What should I write to them. The post office is open on Sunday as well, so I guess I can write a letter to them , which reach on Monday . Please can u suggest how should I write the letter

I asked that what was the decision of judge if you can tell us briefly..when they allow appeal they give reasons for their decisions. what did he said? did he asked home office to reconsider your application(mostly happen in appeal cases with misisng informations) or did he asked them to issue you a visa because you did statisfy all the requirement etc

The decision states like this : the appeal against the refusal is allowed on the basis that the refusal is not in accordance with the law and the application remains outstanding for a lawful decision to be taken .

But a letter after 10 weeks of the judge's decision. Or am I getting it wrong , they can ask for anything anytime ??

[ILR1980]

We will contact you or your representative in writing, and the evidence must be received by the Home Office processing centers within 7 working days. We may refuse the application if the correct documents are not sent.

http://www.ukba.homeoffice.gov.uk/visas ... documents/

You better contact to them and explain the whole situation

btw can you explain what decision you got from judge? i was refused on same ground of bank letter and waiting for decision and as far as i know our names must be in bank letter of third party according to their rules so what ruling judge gave in your favor ?

Appeal was approved in September , and now they have sent the letter again. What should I write to them. The post office is open on Sunday as well, so I guess I can write a letter to them , which reach on Monday . Please can u suggest how should I write the letter

I asked that what was the decision of judge if you can tell us briefly..when they allow appeal they give reasons for their decisions. what did he said? did he asked home office to reconsider your application(mostly happen in appeal cases with misisng informations) or did he asked them to issue you a visa because you did statisfy all the requirement etc

The decision states like this : the appeal against the refusal is allowed on the basis that the refusal is not in accordance with the law and the application remains outstanding for a lawful decision to be taken .

But a letter after 10 weeks of the judge's decision. Or am I getting it wrong , they can ask for anything anytime ??

Your application remain outstanding for lawful decision to be taken Thats what i thought that they sent the application back to UKBA for reconsideration and that's why UKBA is asking for bank letter.

[therock]

Are all Tier 1 Entrepreneur appeal allowed with "Make Lawful decision" or a few of them are also with "Issue the visa to applicant" ?

[shan101]

My appeal was allowed and judge said" the home office decision was not in accordance with the immigration rules and in the circumstances tribunal allows the appeal"
Decision
Appeal allows

[Olasunkanmi]

People need to realise that the appeal of bhote123 was successful and the judge ask HO to take another lawful decision. Now according to the rule of Tier 1 entrepreneur, 50k or 200k must always be available to the applicant at all time and HO can also carry out checks on applicants even after visa is issued. Now all bhote123 need to do is to proof that the 50k funds is still available to him.

@ bhote123 don't waste your time challenging HO request in court as you will find yourself in trouble with the judge who may ask you why you cant submit a simple letter to proof you still have the funds.

@ bhote123, count yourself one of the lucky people who won appeal as you don't need to pay another fee for a fresh application.

[babylondoner]

People need to realise that the appeal of bhote123 was successful and the judge ask HO to take another lawful decision. Now according to the rule of Tier 1 entrepreneur, 50k or 200k must always be available to the applicant at all time and HO can also carry out checks on applicants even after visa is issued. Now all bhote123 need to do is to proof that the 50k funds is still available to him.

@ bhote123 don't waste your time challenging HO request in court as you will find yourself in trouble with the judge who may ask you why you cant submit a simple letter to proof you still have the funds.

@ bhote123, count yourself one of the lucky people who won appeal as you don't need to pay another fee for a fresh application.

Olasunkanmi, the problem here is not the availability of the 50k but the third party letter.

He was refused because of some missing information on the 3rd party letter which the bank refused to include.

He went to court and the judge agreed with his submissions.

HO asking again for the same letter is absolutely ridiculous.

What happens if bhote is unable to provide the letter with the missing information? Will he be refused again???? After a UK JUDGE has described their initial decision as unlawful ?

[bhote123]

Ok this is understandable . As per my situation , as my third party is in paternal leave . And to send the docs will be delayed .

Can I change the third party sponsor ? Or has to be the same sponsor ...