Topic 4 those got rejected and in process of appeal/hearing

[Princess of Ammi]

Congrats the Newton The modern one...

I am happy for you while I suggest you should consult with another good lawyer to very your application as it lets you apply for ILR a month prior to complete 10 years(check with your lawyer),

you when told about the hearing you shown a kind of disappointed that yours and theirs representatives argued on previous documents that the money you transferred was not necessary, let me tell you what your and their representative think is totally different than a judge would, when some body says he will give you money he should mean is what judges focus on(genuineness), your believe or not this transfer contributed in decision that this judge made, hope you get your IRL soon...
wish you best of luck,

thanks,

[ILR1980]

Congrats the Newton The modern one...

I am happy for you while I suggest you should consult with another good lawyer to very your application as it lets you apply for ILR a month prior to complete 10 years(check with your lawyer),

you when told about the hearing you shown a kind of disappointed that yours and theirs representatives argued on previous documents that the money you transferred was not necessary, let me tell you what your and their representative think is totally different than a judge would, when some body says he will give you money he should mean is what judges focus on(genuineness), your believe or not this transfer contributed in decision that this judge made, hope you get your IRL soon...
wish you best of luck,

thanks,

Thank you Princess of Ammi . Yea you are right we cannot say anything for certain until we get decision by posts. I will share key points of determination to get your feedback . Judge allowed the appeal under common law fairness and failure to apply the evidential fairness policy . The ball is again in court of home office. I hope you get your visa soon as well

[shan101]

I got a decision of hearing and judge allowed the appeal and asked home office to make a fresh decision because previous decision was not according to law. my leave still continue under 3C. i will complete my 10 years in January then can i vary my application and apply for ten year residence

You can not vary your leave whilst your appeal is in progress and is not yet finally determined by home office. However you may withdraw and make a fresh application for ILR within 28 days OR wait until you get a final decision from home office. I would suggest to wait for your appeal decision.

[AAshique]

Hi Guys

I am looking for some help about my Tier 1 Entrepreneur application. I applied back in Dec 2012 and application got refused in July 2013 for the reason

Director/ Applicant name was not mentioned in the advertisement.

Went for 1st Tier Tribunal appeal in Nov2013 and was refused again in 1st week of Dec2013. My solicitor told me there is no hope in case so leave it and put a fresh application or switch to student application with in 28 days of the court decision. I still logged the application for upper tribunal and am currently waiting for reply on that.

I had my case reviewed from different solicitor and was told that I would have 28 days after the decision of the application I have put through for 2nd tribunal appeal. Please guide as I am struggling to arrange maintenance for Tier 4 application. If I would be given 28 days after 2nd tribunal it would really help me organize everything.

Thanks
Any help would be appreciated.

[ILR1980]

I got a decision of hearing and judge allowed the appeal and asked home office to make a fresh decision because previous decision was not according to law. my leave still continue under 3C. i will complete my 10 years in January then can i vary my application and apply for ten year residence

You can not vary your leave whilst your appeal is in progress and is not yet finally determined by home office. However you may withdraw and make a fresh application for ILR within 28 days OR wait until you get a final decision from home office. I would suggest to wait for your appeal decision.

Thanks for reply. You are right i cannot vary my application if my appeal is in progress but i assumed my appeal is not in process now but decision is in process if home office don't go to upper tribunal against this determination. Judge basically invalid the precious decision of Ukba and asked them to make fresh decision then until they make fresh decision my leave will be covered by 3C

when appeal is in process then leave is covered by 3D. what i am confuse is that if i withdraw my application then i would not have any status or leave here to make fresh application for ILR..very confusing indeed

[ILR1980]

Hi Guys

I am looking for some help about my Tier 1 Entrepreneur application. I applied back in Dec 2012 and application got refused in July 2013 for the reason

Director/ Applicant name was not mentioned in the advertisement.

Went for 1st Tier Tribunal appeal in Nov2013 and was refused again in 1st week of Dec2013. My solicitor told me there is no hope in case so leave it and put a fresh application or switch to student application with in 28 days of the court decision. I still logged the application for upper tribunal and am currently waiting for reply on that.

I had my case reviewed from different solicitor and was told that I would have 28 days after the decision of the application I have put through for 2nd tribunal appeal. Please guide as I am struggling to arrange maintenance for Tier 4 application. If I would be given 28 days after 2nd tribunal it would really help me organize everything.

Thanks
Any help would be appreciated.

Sorry to hear that you have been refused on such minor issues. You should have consulted good barrister because your point of refusal was very minor which come under evidential flexibility and your appeal could have been allow easily if barrister give proper relevant argument in court room. dont lose hope. You know ten people will give you ten different solutions and its up to you to have proper research and trust on those whose opinion is more valid. I assume your leave to remain has been expire so how can you swtich to tier 4 when your appeal has been decline and you have applied for permission at upper tribunal against decision

[ILR1980]

^ what language is this and what you are selling on immigration forum ? lol

[AAshique]

Hi modern_newton
Thanks for your reply and effort.

I have been to court with a reputed barrister and he did go on about "Evidential Flexibility" but still appeal was refused as per judge's written decision Evidential Flexibility was updated and before decision was made and it doesn't impose a necessity over Home Office to contact applicant for updated documents.

And According to Immigration Act 1971 Section 3C I have 28 days to reapply or switch application. I have confirmed this with with different Solicitors and they said it is a valid period to make fresh application.

But I am not sure If I would be able to avail this 28 days period after upper tribunal's permission or not.

[ILR1980]

Hi modern_newton
Thanks for your reply and effort.

I have been to court with a reputed barrister and he did go on about "Evidential Flexibility" but still appeal was refused as per judge's written decision Evidential Flexibility was updated and before decision was made and it doesn't impose a necessity over Home Office to contact applicant for updated documents.

And According to Immigration Act 1971 Section 3C I have 28 days to reapply or switch application. I have confirmed this with with different Solicitors and they said it is a valid period to make fresh application.

But I am not sure If I would be able to avail this 28 days period after upper tribunal's permission or not.

When your decision was made by ukba ?

I am confuse. Your leave is cover under section 3D not 3c because your decision has been made and your appeal has been rejected and you are waiting permission from upper tribunal to appeal against this rejection . i am not expert but according to my knowledge you cannot make fresh application if your leave has been expire. You can vary your application if its in process and home office has not made any decision yet or you can add further grounds to your appeal if decision has been made and you are in process of appeal which might be heard at tribunal. somebody correct me if i am wrong . Wish you all the best and keep sharing with us ..here is a link of section 3c and 3D

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary