Appeal against appeal allowed

[Concerned Applicant]

Hi,
The UKBA have just notified me they intend to appeal against the allowed appeal,has anyone got an idea what this entails perhaps experienced this? and possibly waiting times?

Any help/advice would be much appreciated.Thanks.

Concerned Applicant

[hnav]

What was your refusal reason ?

[Concerned Applicant]

Applied Dec2012
Bio:Jan13
Refusal:Apr 13
Appeal hearing:Nov 13
Appeal allowed:Dec13

Reasons: 1.Contract didn't state service my company would be providing,meanwhile it was clearly stated on there. 2.Advert didn't have my name and where it was published not known however this untrue as adverts were published on the web,submitted two forms of advertisement,one had my name,other didn't!

[kkkTier1]

Hi Concerned Applicant,
When did you get(date) your determination?

[pakhtoon77]

hi,
my case is similar to ur to some extent that my refusal reason is also contract and it says services not clearly mentioned in the contract due to which HO cannot asses whether the services I will provide in the contract will come under NlVQ level 4. Just as u said I also clearly mentioned it in the contract. I appealed and waiting for hearing date now. my solicitor says that the HO will not have much to say in defence of this decision. what was your experience in court. what did the HO solicitor argued against your contract or he did not had much to say. and what was your solicitors arguments. I have only one reason of refusal and my 10 years completes in dec 2014. thanks

[Concerned Applicant]

@kkkTier1:determined 18/12/13.

@pakhtoon77: The UKBA never said they can't ascertain if the service falls under the NvQ 4 list,just a single statement of it not found in the contract.My experience in court was all around my company invoices and payments and ascertaining if I was a direct employee for the client.

[pakhtoon77]

thx or the reply,
my basic query is that since you mentioned the services just as I did, then what was there motive about this. did they took it as an error or HO tried to defend it by questioning you further about it. my solicitor says that HO solicitor will not have much to say about the services not mentioned in the contract since its clearly mentioned.

[Choc-Ice]

Hi,
The UKBA have just notified me they intend to appeal against the allowed appeal,has anyone got an idea what this entails perhaps experienced this? and possibly waiting times?

Any help/advice would be much appreciated.Thanks.

Concerned Applicant

If permission to appeal is granted, you will find out (in the letter) why they think the FTT decision was wrong. Your appeal will then be relisted in the Upper tribunal and they will decide if the first decision was correct.

You will find out if permission is granted in the next few weeks and UNFORTUNATELY if they succeed, that's another 3-4 months waiting period..It's a LONG horrible experience!

[Concerned Applicant]

@Choc-Ice:Thanks for the information.I honestly pray and hope they do not succeed and the FTT does not grant them the permission.....Hope it goes in my favour as this has gone on for too long 13months+ Now:-(

[Choc-Ice]

@Choc-Ice:Thanks for the information.I honestly pray and hope they do not succeed and the FTT does not grant them the permission.....Hope it goes in my favour as this has gone on for too long 13months+ Now:-(

I honestly know how you feel..Hopefully they don't get. the permission.The bureaucracy in applying for a visa and going through Tribunal is horrible experience ..Don't wish it for anyone.

[mayakhan]

hi dear, i want to ask one question .
apply in; march 2013.
refuse may 2013.
appeal hearing January 2014.
i submit two contract before refusal .
refusal was : contract i submit first time . ho say service mentioned in contract and services your business offer not confirm.
although contract services match with my business services. i submit another contract before refusal.
but the question is ;
if home office ask after refusal did u have clients may 2013 to jan 2014. or did you provide services.
how many clients you had during this period.
i m confuse what to say. if i say since my visa refuse every thing was struck i thought when i got visa i will take clients.
help me . i have still 50k in my account.
if they ask how many clients you got during this period apart from first two contract. wht should i say. i need help.
thanks.

[pakhtoon77]

hi mayakhan, since my refusal is also regarding contract not mentions my services which I actually mentioned and I am waiting for my hearing date. I asked this question which u have from my solicitor and he says that I can tell them that since I was waiting for a decision about my visa status, I did not provide any services and waited for the court decision. is this your only refusal point and did you apply through a solicitor. thx

[mayakhan]

hi dear,
did you get your decision.
when you said you don't have any service contract after refusal then what was their argument.
did ho rep or judge said why you not taking service or why you don't have client.
can I your number please I need to ask in more detail pls.
I have hearing on 23 jan .
so please help me.
I have two contract befr refusal and I make receipts as well payment receipts .
I m worry about if judge or home office erep ask why don't you have clients . its mean you not running your business.
. what was your answer about this.
pls reply me. I need your number please bro.
thanks. I need to discuss with with you.