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Thank God! Had my appeal yesterday and I won!

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Thank God! Had my appeal yesterday and I won!

Post by lily2013 » Tue Dec 17, 2013 10:45 am

I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.

kashnex
Junior Member
Posts: 93
Joined: Thu Nov 15, 2012 4:36 am

Re: Thank God! Had my appeal yesterday and I won!

Post by kashnex » Tue Dec 17, 2013 2:31 pm

Well-done hope you will get the quick response from the HO in form of Approval and BRP
All the best

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by sad.1 » Tue Dec 17, 2013 3:53 pm

congratulation really happy to hear this can you please tell me where was your hearing held?
and what did you prepared for CAR? because i have the rejection of not providing the CAR when i went to my lawyer he showed me the bundle which he received from home office and on that app form it was ticked from my lawyer that he have provided it but still i am confused has he really attached one or not? so what was the argument you prepared for this refusal i have my hearing next month please share your knowledge with me thanks.
lily2013 wrote:I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.

lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Post by lily2013 » Wed Dec 18, 2013 9:35 am

Thanks Kashnex. I pray HO will be quick to send my approvals.

Thanks Sad.1.
I had my hearing at Hatton Cross. We didn't need to argue the missing CAR issue because the HO rep could see it in my application bundle so she just jumped straight to the next refusal reason.

I hope they find yours in the bundle too. You can go to court with a fresh copy just in case. All the best to you, just pray and hope for the best.

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Post by sad.1 » Wed Dec 18, 2013 2:29 pm

Thank you very much I hope they found it too in my bundle.....,but I don't know I don't trust my lawyer any more....did you actually took bank statement with you? That your money is still available?
lily2013 wrote:Thanks Kashnex. I pray HO will be quick to send my approvals.

Thanks Sad.1.
I had my hearing at Hatton Cross. We didn't need to argue the missing CAR issue because the HO rep could see it in my application bundle so she just jumped straight to the next refusal reason.

I hope they find yours in the bundle too. You can go to court with a fresh copy just in case. All the best to you, just pray and hope for the best.

lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Post by lily2013 » Wed Dec 18, 2013 2:37 pm

The bank statement was not for the 50k but my business account just to show that business is trading and active

Kokopop
Member
Posts: 124
Joined: Sun May 19, 2013 1:22 am

Post by Kokopop » Thu Dec 19, 2013 3:06 pm

Congrats

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Thu Dec 19, 2013 8:27 pm

Congrats.

lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Re: Thank God! Had my appeal yesterday and I won!

Post by lily2013 » Sat Jan 25, 2014 3:29 pm

Thanks kokopop and Lola22. I called ukba yesterday to follow up and I was told to wait that my application is still in progress. I don't know if it was because of my call or just my luck, today I received a letter from ukba dated and posted yesterday asking me to submit my bank details for the appeal refund. I pray my brp card and passport will follow shortly.

huehue
Newly Registered
Posts: 23
Joined: Mon Jun 10, 2013 9:27 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by huehue » Sat Jan 25, 2014 10:06 pm

Hi, Congrates!!

I also received a letter from UKBA regarding filling my bank details in order to get my appeal fee refund.
But does this mean UKBA will issue my visa although I haven't heard from them after 2 weeks since my appeal has been allowed by the judge

any ideas?? pls help :)

adi786
Member
Posts: 209
Joined: Thu Sep 05, 2013 8:32 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by adi786 » Sun Jan 26, 2014 10:07 am

HI
Yes u will get your visa soon thats why HO asked you for your bank details. I think you will get your BRP and docs in few weeks


gud luck

huehue
Newly Registered
Posts: 23
Joined: Mon Jun 10, 2013 9:27 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by huehue » Sun Jan 26, 2014 10:30 am

Goodmorning,

adi786: many thanks for your quick reply.
I am glad to hear that after almost 1 and a half years struggling with my visa application!!

Thank god :)

huehue
Newly Registered
Posts: 23
Joined: Mon Jun 10, 2013 9:27 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by huehue » Sun Jan 26, 2014 10:39 am

Hi All,

I want to ask can we claim back our lawyer fees as well from Home Office since all the troubles we gone through- wasting time & money with this visa,,,

Hope can get some advice

Thanks ;)

lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Re: Thank God! Had my appeal yesterday and I won!

Post by lily2013 » Thu Jan 30, 2014 11:41 am

Just an update!!! I received the appeal refund back to my nominated account yesterday 29th, January. I didnt know the HO can be this efficient as I only just posted the completed form for appeal refund on Saturday. I hope they can also be this efficient to process and send out my BRP cards and documents asap. :D

itk
- thin ice -
Posts: 212
Joined: Thu Mar 21, 2013 3:38 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by itk » Thu Jan 30, 2014 11:50 am

Congrats Lily!!!

lily2013
Newbie
Posts: 40
Joined: Mon Sep 16, 2013 11:33 am
United Kingdom

Re: Thank God! Had my appeal yesterday and I won!

Post by lily2013 » Thu Jan 30, 2014 12:19 pm

Thanks itk.

@ Huehue I hope you have received a refund too. If not fingerscrossed it will be soon.

winnie2014
Newly Registered
Posts: 5
Joined: Fri Feb 07, 2014 4:47 am

Re: Thank God! Had my appeal yesterday and I won!

Post by winnie2014 » Fri Feb 07, 2014 7:24 am

Hi Lily2013,
I am really struggling with my witness statement. I need your help
Thanks

huehue
Newly Registered
Posts: 23
Joined: Mon Jun 10, 2013 9:27 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by huehue » Fri Feb 07, 2014 7:37 am

Hi Lily,

I get my refund appeal back 1 week ago.
I didn't expected that quick.

Anyone have any idea when can we get our visa back?

And lastly, can we claim back our lawyer fee from HO?

Many thanks ;)

Shah05
Member
Posts: 225
Joined: Sun Dec 08, 2013 1:30 am

Re: Thank God! Had my appeal yesterday and I won!

Post by Shah05 » Sun Feb 09, 2014 10:23 am

Many congratulations to lily & huehue.

@huehue, it's your decision to choose the lawyer to represent ur case, in this case I don't think so u can claim your money which u spend towards ur lawyer.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Re: Thank God! Had my appeal yesterday and I won!

Post by rehan01 » Sun Feb 09, 2014 3:48 pm

congratulations and all the best for future.

regards
lily2013 wrote:I am pleased to share with you my success at the appeal court yesterday. Just to recap, I initially applied for a paper hearing but the judge listed my appeal for an oral hearing.

Reasons for refusal as stated in the letter are as follows

Missing current appointment report. ( I did provide one and surprise surprise it was in the bundle)

Not enough evidence of graduate level occupation, only evidence supplied was a print out of your website ( The print out being refered to here is a company profile which has my business card, my profile, list of clients and profile of directors)

No contract provided to show trading. The only evidence you provided is a website development agreement which explains vaguely the services provided by your busines. Hence no evidence to show that the business is establised. ( apparently the caseworker does not know an agreement and contract are the same thing)


I went to court with CAR, invoices and bank statements, plus I wrote a solid witness statement detailing how I have met all the requirements.

My lawyer and I also covered all types of questions that I may be asked by the HO rep so I went there fully prepared but nervous as hell.

Lucky for me ,I wasn't cross examined by the Ho rep. She only asked my lawyer to go over how i have met the requirements and the evidences provided. All the evidences were there in my application bundle and she even saw the CAR the caseworker said was missing.

So told the judge that she cannot see why I was refused and the Judge looked at me and said ' it appears you have been incorrectly refused' and looking at the HO rep he said I will have to allow the appeal. Case closed!! it took only 20mins.

Many thanks to all who responded to my post in the past and to all those who shared. You've been helpful ! Finally this 14 months of torture and uncertainty is over. I can now focus on my business.
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

mohammed1980
Member
Posts: 158
Joined: Sat Jun 01, 2013 10:55 pm

Re: Thank God! Had my appeal yesterday and I won!

Post by mohammed1980 » Sun Feb 09, 2014 5:45 pm

Congrats and well-done !

By the way, what is a witness statement ?

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