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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 lettermodern_newton wrote: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 ?
therock wrote: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!!
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.therock wrote:Olasunkanmi: Okay fair enough. What about if someone has already invested some of the money which was offered by the third party?
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.therock wrote: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.babylondoner wrote: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.therock wrote: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!!
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.
Have you spoken to your lawyer about it? There has to be a legal option for you.bhote123 wrote:babylondoner wrote:Thank you for taking it out , which I was supposed to do . This is completely ridiculous that they are overruling the judge's decision.therock wrote: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!!
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.
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 etcbhote123 wrote: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 lettermodern_newton wrote: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 ?
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 .modern_newton wrote: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 etcbhote123 wrote: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 lettermodern_newton wrote: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 ?
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.bhote123 wrote: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 .modern_newton wrote: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 etcbhote123 wrote: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 lettermodern_newton wrote: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 ?
But a letter after 10 weeks of the judge's decision. Or am I getting it wrong , they can ask for anything anytime ??
Olasunkanmi, the problem here is not the availability of the 50k but the third party letter.Olasunkanmi wrote: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.