Tier 1 Entrepreneur visa appeal

thil999 · Post by **thil999** » Mon Sep 30, 2013 12:54 pm

Hi,

I've recently got my Tier 1 Entrepreneur visa rejected and I have applied for an appeal.

But I want to know whether I can withdraw my appeal and submit a new application under a different category as I've got a job and my employer is able to sponsor me under Tier 2 General visa.

Thanks for your help in advance.

Post by **Lucapooka** » Mon Sep 30, 2013 1:52 pm

Do you have extant leave in a category that permits switching to T2?

thil999 · Post by **thil999** » Mon Sep 30, 2013 1:58 pm

Yes, I was in PSW visa at the time of my Tier 1 Entrepreneur visa. Since I've already applied for the appeal, my previous leave is going to continue.

According to the guidelines, you can switch to T2 from a T1 category.

Post by **Lucapooka** » Mon Sep 30, 2013 2:02 pm

If your psw expired while you were waiting for a decision , it will continue to be valid for the purposes of an appeal but not for the purposes of making a new and different application.

thil999 · Post by **thil999** » Mon Sep 30, 2013 2:05 pm

Ok. if wait for a decision from my appeal and got rejected again, will I be able to submit a new application ?

top · Post by **top** » Mon Sep 30, 2013 2:50 pm

No, you will not be until and unless you get your appeal won. you should be hopeful for your appeal as it is not the end of a process you get given another chance where you can appeal to an upper tribunal once 1st tribunal turns your appeal down depends on the grounds of a refusal 1st and then appeal dismissal.

winning an appeal is one and only way you get your status lawfully back and same thing enables you to do rest of things i.e. switchings.

hope above helps..

rehan01 · Post by **rehan01** » Mon Sep 30, 2013 3:29 pm

hi top,

thanks for the information if you don't mind could you provide me with source of the information provided. (cannot reapply or switch with 28 days if appeal refused)

regards

top wrote:No, you will not be until and unless you get your appeal won. you should be hopeful for your appeal as it is not the end of a process you get given another chance where you can appeal to an upper tribunal once 1st tribunal turns your appeal down depends on the grounds of a refusal 1st and then appeal dismissal.

winning an appeal is one and only way you get your status lawfully back and same thing enables you to do rest of things i.e. switchings.

hope above helps..

thil999 · Post by **thil999** » Mon Sep 30, 2013 4:29 pm

So, If my appeal got refused isn't there a way to submit a new application with out appealing to an upper tribunal ?

top · Post by **top** » Mon Sep 30, 2013 5:52 pm

Dear Rehan,

according to UKBA you can make a new application at any time regardless of 28/56 days once an appeal is dismissed (most of people do that to avoid being removed because an application when in process the applicant cannot be removed,its one of those things lawyers use).
answer to what you asked,making a new application within 28 day once visa expired is different than when an appeal is dismissed because an applicant would have lived more than 28 days whilst appealing reapplying within 28 days and if refused second refusal would not confer a right to appeal which means you would have to leave the country in given time to safe yourself a bar.
now when an appeal is dismissed and you decide to leave country within given time so you could reapply without being bared(an automatic refusal) for 12 months is the solution to be back in UK lawfully.

Khan881 · Post by **Khan881** » Mon Sep 30, 2013 6:51 pm

Is it possible to make fresh application for same category or different category once appeal has been refused/dismissed?

rehan01 · Post by **rehan01** » Mon Sep 30, 2013 9:14 pm

hi top,

thanks for the prompt reply and details reply .... I totally agreed and understand what you explained but if you don't mind could you please refer the source of this information ? as I cant find any relevant source of this information

regards

top wrote:Dear Rehan,

according to UKBA you can make a new application at any time regardless of 28/56 days once an appeal is dismissed (most of people do that to avoid being removed because an application when in process the applicant cannot be removed,its one of those things lawyers use).
answer to what you asked,making a new application within 28 day once visa expired is different than when an appeal is dismissed because an applicant would have lived more than 28 days whilst appealing reapplying within 28 days and if refused second refusal would not confer a right to appeal which means you would have to leave the country in given time to safe yourself a bar.
now when an appeal is dismissed and you decide to leave country within given time so you could reapply without being bared(an automatic refusal) for 12 months is the solution to be back in UK lawfully.

RizKCB · Post by **RizKCB** » Mon Sep 30, 2013 9:30 pm

most of people do that to avoid being removed because an application when in process the applicant cannot be removed....

As far as I know; this is normally done by lawyers to prolong the cases on humanitarian basis. I hardly heard of anybody who got PBS visa with this approach.

rehan01 · Post by **rehan01** » Mon Sep 30, 2013 9:38 pm

yes agree with you tooo RizKCB .... but here come the problem as mention by other user .................. if tier 1 appeal is refused is he allowed to make fresh application at that time? as per my understanding NO

because 28 days from the date of refusal not from date of rejection of appeal? please correct if i am wrong.

but i cant find any relevant source for the above information as this is just word of mouth from one person to another ..... As when i submitted my appeal at which point i made few enquiries with different solicitors and i been told even if your appeal is refused than at that time i can submit the fresh application from LR as i have already completed my 10 year long term residency while i am waiting for the appeal hearing date.

Guidance clearly says that if i submit LR application now while waiting for decision on appeal that LR application will be void and send it back to me but it say i can submit additional ground of appeal (mentioning i completed 10 years long term residency)

look like no 1 know the exact answer and solution to above scenario.

any help will be high appreciated

regards

RizKCB wrote:most of people do that to avoid being removed because an application when in process the applicant cannot be removed....

As far as I know; this is normally done by lawyers to prolong the cases on humanitarian basis. I hardly heard of anybody who got PBS visa with this approach.

RizKCB · Post by **RizKCB** » Mon Sep 30, 2013 10:53 pm

If you are under 3(c); it means your previous condition of visas continues and your stay is legal. As soon as effectiveness of 3(c) comes to end; start counting 28 days.

I have no proper policy reference at this time but first time when 28 days issue started, the very first page of guidance policy of T1 Ent Visa described it. At least I can give you the link for guidance policy :
http://webarchive.nationalarchives.gov. ... dance1.pdf

Therefore I believe, during appeal you are on 3(c) and you still reserve your 28 days. Also logically if we assume that after refusal; your 28 days started then it means you have overstayed now but this is not the case.

The important concern here is whether applying for ILR(LR) OR switching in other categories during those 28 days come under 'exceptional circumstances'?

rehan01 · Post by **rehan01** » Mon Sep 30, 2013 11:01 pm

Thanks for your prompt reply and finding the relevant information .......

In our view its is exceptional circumstance but will UKBA will consider this as exceptional ?

anyway thanks once again and will cross this bridge once there as main priority if to win the appeal and make things straight forward.

regards and thx once again

RizKCB wrote:If you are under 3(c); it means your previous condition of visas continues and your stay is legal. As soon as effectiveness of 3(c) comes to end; start counting 28 days.

I have no proper policy reference at this time but first time when 28 days issue started, the very first page of guidance policy of T1 Ent Visa described it. At least I can give you the link for guidance policy :
http://webarchive.nationalarchives.gov. ... dance1.pdf

Therefore I believe, during appeal you are on 3(c) and you still reserve your 28 days. Also logically if we assume that after refusal; your 28 days started then it means you have overstayed now but this is not the case.

The important concern here is whether applying for ILR(LR) OR switching in other categories during those 28 days come under 'exceptional circumstances'?

RizKCB · Post by **RizKCB** » Mon Sep 30, 2013 11:06 pm

Yes you are right and best of luck

rehan01 · Post by **rehan01** » Mon Sep 30, 2013 11:06 pm

thx and same to u

regards

RizKCB wrote:Yes you are right and best of luck

RizKCB · Post by **RizKCB** » Tue Oct 01, 2013 9:57 am

Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended. Therefore applicants without valid leave at the point they submit their application continue to be an overstayer throughout the period their application is pending.

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

thil999 · Post by **thil999** » Tue Oct 01, 2013 12:43 pm

Hi RizKCB,

Does that mean I can still submit a new application as an overstayer ?

if yes, how ?

RizKCB · Post by **RizKCB** » Tue Oct 01, 2013 2:11 pm

1) It sounds 'yes' you can apply if there is no outstanding appeal in process.

2) You can do it by filling appropriate application form providing your Immigration History in the related section.

What will be outcome? God knows

thil999 · Post by **thil999** » Sun Jan 05, 2014 10:56 pm

Hi Guys,

Good news. I've got my appeal allowed and hopefully I should receive my T1 Entrepreneur visa with in next couple of weeks. But now I don't have all £50k available in my account. So I'm a bit worried that when UKBA processing my application again they might refuse it again.

However, I've got an employer who is willing to sponsor me and a CoS available to me and I would like to submit my T2 General application before UKBA make a decision on my previous T1 Entrepreneur application.

But my Passport and other documents are still at UKBA. Could any one can tell me whether I can submit a new application like this and if I'm applying like this, how to let the UKBA know that my documents are still at UKBA (or trace my documents) when I'm submitting my new T1 General application.

Any help would be much appreciated.

qkiyani · Post by **qkiyani** » Mon Jan 06, 2014 3:31 am

can u plz post ur appeal allowed decision... em asking bcaz if ur appeal is allowed for reconsideration then they might check ur funding n if it is just allowed n no further diections are given by judge then most likely u will get ur visa in couple of weks n most likely they wont check ur funding in this case....

Also can u share ur refusal reason that would help us to give u a right answer

thil999 · Post by **thil999** » Tue Jan 07, 2014 9:32 am

Judge's Decision: The Respondent's decision is not accordance with the law and the appellant awaits a lawful decision.

and I still haven't heard anything from UKBA yet. But I would like to know what my visa status now (whether its still T1 PSW or T1 Entrepreneur) as I need to submit my T2 General visa.

qkiyani · Post by **qkiyani** » Wed Jan 08, 2014 4:01 am

thil999 wrote:Judge's Decision: The Respondent's decision is not accordance with the law and the appellant awaits a lawful decision.

and I still haven't heard anything from UKBA yet. But I would like to know what my visa status now (whether its still T1 PSW or T1 Entrepreneur) as I need to submit my T2 General visa.

Ur appeal is allowed for reconsideration n ur status is still T1 psw.... but i would suggest u if ur refusal reason is not regarding funding then most likely they wont check ur funds n if ur refusal is regarding funds then they must ask for a latest bank statement.... Y dont u wait for decision on ur application bcaz if they refuse ur application again still u will have 28 days to reapply in different or same category .....

thil999 · Post by **thil999** » Wed Jan 08, 2014 9:14 am

qkiyani wrote:
thil999 wrote:Judge's Decision: The Respondent's decision is not accordance with the law and the appellant awaits a lawful decision.

and I still haven't heard anything from UKBA yet. But I would like to know what my visa status now (whether its still T1 PSW or T1 Entrepreneur) as I need to submit my T2 General visa.

Ur appeal is allowed for reconsideration n ur status is still T1 psw.... but i would suggest u if ur refusal reason is not regarding funding then most likely they wont check ur funds n if ur refusal is regarding funds then they must ask for a latest bank statement.... Y dont u wait for decision on ur application bcaz if they refuse ur application again still u will have 28 days to reapply in different or same category .....

Hi,

Thanks for your answer. I was also thinking about that and decided to wait until they give me a decision.

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