Help with Tier 1 Appeal and section 3C

[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 somebody can confirm I would be given 28 days (according to Section 3C)after 2nd tribunal it would really help me organize everything.

Thanks
Any help would be appreciated.

[tanvir1985th]

yr second solicitor is absolutely right that u will have another 28 days after the review decision. not only that, if u get refused to appeal then u can appeal to the upper tribunal for permission and if u get refused again then u get another 28 days from that day, so no worries

[AAshique]

Thanks tanvir1985th for your reply

It would really help me as I need to get the Student Loan Letter sorted from back home and was so worried that It my not arrive in time.
I hope your information is authentic.

[tanvir1985th]

check the link for authentication http://www.legislation.gov.uk/ukpga/1971/77/section/3D

[dilowar07]

yes mate, i am in the same situation. been refused in first tier tribunal after that applied first tier in 3rd week of dec for permission of upper tribunal, still waiting. my solicitor said it takes two weeks, how come it's taking too long for you. keep checking with your solicitor office cause normally they send letter to solicitor office. yes that's true you will have 28 days under section 3d but this time we will have no appeal right.

[ILR1980]

Applications lodged during leave under sections 3C and 3D

While either section 3C or 3D leave is in force, the applicant is not entitled to make
any more applications for variation of leave to enter or remain. So even someone
who marries after making an application to remain as a student cannot, while they
have leave under section 3C, make a fresh application on the basis of the marriage.
On the other hand, it is possible to vary the grounds of an application already made,
even by introducing something completely new. A student application can be varied
so as to include marriage grounds. If an application is varied before a decision is
made, the applicant will be required to complete the necessary prescribed form to
vary his application. If an application is varied post decision, it would be open to the
applicant to submit further grounds to be considered at appeal. As a result, there
may be little difference in practice between a fresh application and a request to vary
an existing application. The distinction is made to ensure that all a person's grounds
for wishing to remain in the UK result in one decision and thus one appeal. This
'one-stop ' principle - one application, one decision, one appeal - is essential to the
operation of the appeal process that was introduced in the1999 Act and has been
extended by subsequent Acts.

However section 3C makes a clear distinction between the decision on the
application and the appeal against that decision. Once an application has been
decided it ceases to be an application and there is no longer any application to vary
under section 3C (5). So any new information will fall to be dealt with during the
course of the appeal rather than as a variation of the original application.

When section 3D applies leave has been curtailed or revoked. Thus there is no
application for the variation of leave and the question of whether an application can
be varied or not does not arise.


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

[AAshique]

Thanks to all of you for your reply.

dilowar07 I have been waiting for my application decision as well but it's the time of the year when there are few bank holidays which can cause the delay.

And you are right sometimes court only send decision to the representative and you are left in their hands to receive and correspond.

I think we will hear from court by the end of this week or early next week at the latest.

[dilowar07]

your refusal is very reasonable to win. My friend won the same case, his refusal was no name in advertisement and landing phone.

[AAshique]

Thanks for replying dilawor07

Sorry I can't receive private messages. Please email if u can at dontbeshygals@yahoo.com


Thanks

[dilowar07]

did you receive anything from the court? Tonight i have been watching a legal help programme , the solicitor said home office doesn't continue section 3d, they just refuse the application by saying overstayer and we don't have appeal right. confused in another thing that, in my refusal from 1st tier they didn't mention for section 3d, just gave me the form for appealing against d decision.

[AAshique]

Hi

It's really confusing situation, don't really know who to believe. But if we went to Upper Tribunal after their decision we should be granted 28days after their decision. That's my understanding of section 3C and that's I got told by 2 different solicitors as well.

Your friend you mentioned won the case after been rejected due to no name in marketing and landline number, who was his solicitor? Can you please let me know.

Thanks

[tanvir1985th]

Hi

It's really confusing situation, don't really know who to believe. But if we went to Upper Tribunal after their decision we should be granted 28days after their decision. That's my understanding of section 3C and that's I got told by 2 different solicitors as well.

Your friend you mentioned won the case after been rejected due to no name in marketing and landline number, who was his solicitor? Can you please let me know.

Thanks

follow the link for the answer and comfort of yr confusion and fear
http://www.immigrationboards.com/viewto ... 6&t=154354

[AAshique]

Thanks for sharing tanvir.

1 question if you could clarify please, does 28 days start from 1st Tier Tribunal refusal or after the Uper Tribunal refusing you application for second appeal?

Thanks

[tanvir1985th]

Thanks for sharing tanvir.

1 question if you could clarify please, does 28 days start from 1st Tier Tribunal refusal or after the Uper Tribunal refusing you application for second appeal?

Thanks

it starts at every stage of refusal or after exhausting of appeal right unless u appeal any further

[dilowar07]

yes, 28 days count after upper tribunal. My friend did not had any solicitor.

[AAshique]

Thanks Tanvir & Dilowar

[dilowar07]

have you heard anything from court?
I am still waiting for their permissions. If just once i get permission i will do d best.

[AAshique]

Hi dilowar
Same here, haven't heard back from court yet. Who was your friend's solicitor for his appeal for same rejection as mine?

Thanks

[AAshique]

Hi Dilowar

I received my reply today and was refused for appeal. Have to request to Upper Tribunal now for appeal.

[AAshique]

Hi Guys
Can anyone advice please, I have been refused by Tier1 for Upper Tribunal appeal request and under section 3C I have 28 days to log a fresh application(or switch to student visa) OR go to Upper Tribunal directly and try my luck again for my existing application.

Should I with option 1 or 2 Please any help would be appreciated.

[Gladiator21]

I would suggest go with the fresh application, because it is unlikely Upper Tribunal Judge goes against the decisions taken by previous Judges.

If everything is in place and you are in a position to make a fresh application, my opinion is go with fresh application. There are people who got success in 2nd attempt, but have a thought again and make a move.

Thanks

[AAshique]

Thanks Gladiator21
i havent got things ready and I am not in position for fresh Entrepreneur application. I would be looking to move to Tier 4 as thats the only option I have apart from Tier 1.

And I am looking forward to complete my long term residency and have been in the UK for around 8 1/2 years, so the longer I spend in courts the longer I can continue with my full time work.

[dilowar07]

Still I am waiting for the first tier decision. It has been quite long time though. I am calling them every day but they are keep saying no decision been made yet. So waiting. Maybe first tier judge will say no. Not sure mate. @

[AAshique]

Hi Dilowar7

have you heard back from the court?