APPEAL DISMISSED IN FTT.... NEED HELP...

[premcomm]

HELLO,
MY ENTREPRENEUR VISA HISTORY IS
PSW EXPIRED 21 JULY 2012.
ENTREPRENEUR VISA APPLIED 20 JULY 2012.
ROUTE 50000 POUND
MONEY HELD IN BROTHER BANK ACCOUNT IN ABROAD
BANK DID NOT ISSUE THE LETTER REGARDING THE HOME OFFICE FORMAT.
RECEIVED LETTER FROM HOME OFFICE JAN 2013 STATING THAT THE LETTER FROM THE BANK IS NOT ON MY NAME SO THEY ASKED ME TO PROVED THE NEW LETTER.
ASKED MY BROTHER TO GO TO THE BANK AND GET THE LETTER AS REQURIED BUT BANK REFUSED TO MENTION MY NAME ON THE BANK LETTER AS IT IS NOT THEIR POLICY.
SENT THE NEW BANK LETTER WITH THE COVERING LETTER MENTIONING THE EXACT CONDITION.
VISA REFUSED JULY 2013.
APPEAL AGAINGT THE DECISION IN FTT.
HEARING 22-01-2014
DECISION RECEIVED BY MY SOLICITOR YESTERDAY.
APPEAL DISMISSED.
JUDGE MENTIONED IN HIS FINDING THAT HE FOUND ME A CREDIBLE MAN. MY CASE IS REFUSED BECAUSE OF THE HOME OFFICE RULES. APPEALEANT HAVE TRIED HIS BEST TO GET THE FORMANT HOME OFFICE NEED BUT BANK REFUSED. HE ALSO SAID THAT NEW EVIDANCES SHOWS THAT THE MONEY IS AVAILABE TO HIM NOW. BUT EVIDENTIAL FLEXIBILITY HE DISMISSED MY APPEAL AND HE QUOTED RODRIGUEZ CASE IN HIS DECISION...
CAN U PLEASE HELP ME WHAT TO DO NOW.....
I HAVE JUST COMPLETED 8 YEAR IN THIS COUNTRY NOW.....
THANKS

[Princess of Ammi]

the way you wrote telling how judge wrote I can say it has a potential to have been considered for upper tribunal provided a good lawyer if prepared your case, your post has also indicated you have had an inexperienced lawyer dealing with your case.

I suggest you to find a good lawyer who could pick up points from latest decision compelling upper tribunal to hear your case, it could simply be article 8 as an additional ground considering a considerable time that you have spent in UK would make upper tribunal to accept your case.

hope above helps

[Goblin]

HELLO,
MY ENTREPRENEUR VISA HISTORY IS
PSW EXPIRED 21 JULY 2012.
ENTREPRENEUR VISA APPLIED 20 JULY 2012.
ROUTE 50000 POUND
MONEY HELD IN BROTHER BANK ACCOUNT IN ABROAD
BANK DID NOT ISSUE THE LETTER REGARDING THE HOME OFFICE FORMAT.
RECEIVED LETTER FROM HOME OFFICE JAN 2013 STATING THAT THE LETTER FROM THE BANK IS NOT ON MY NAME SO THEY ASKED ME TO PROVED THE NEW LETTER.
ASKED MY BROTHER TO GO TO THE BANK AND GET THE LETTER AS REQURIED BUT BANK REFUSED TO MENTION MY NAME ON THE BANK LETTER AS IT IS NOT THEIR POLICY.
SENT THE NEW BANK LETTER WITH THE COVERING LETTER MENTIONING THE EXACT CONDITION.
VISA REFUSED JULY 2013.
APPEAL AGAINGT THE DECISION IN FTT.
HEARING 22-01-2014
DECISION RECEIVED BY MY SOLICITOR YESTERDAY.
APPEAL DISMISSED.
JUDGE MENTIONED IN HIS FINDING THAT HE FOUND ME A CREDIBLE MAN. MY CASE IS REFUSED BECAUSE OF THE HOME OFFICE RULES. APPEALEANT HAVE TRIED HIS BEST TO GET THE FORMANT HOME OFFICE NEED BUT BANK REFUSED. HE ALSO SAID THAT NEW EVIDANCES SHOWS THAT THE MONEY IS AVAILABE TO HIM NOW. BUT EVIDENTIAL FLEXIBILITY HE DISMISSED MY APPEAL AND HE QUOTED RODRIGUEZ CASE IN HIS DECISION...
CAN U PLEASE HELP ME WHAT TO DO NOW.....
I HAVE JUST COMPLETED 8 YEAR IN THIS COUNTRY NOW.....
THANKS

Hello Premcomm,

My case was exactly similar to yours. And my bank had provided a separate letter stating as per their rules and regulations they cannot issue any such documents. it's the sole discretion of the account holder to provide any such declaration to the concerned party. All bank can do is issue the account holders bank statement along with a covering letter stating that the funds are available in the account holders account. Now home office had accepted that letter of the bank but they said however it doesn't mention your name. Now my argument was first of all, no bank on this earth would issue any such letter if I have no connections with the bank at all. As per bank its the sole will of the account holder and the account holder (my third party investor) has provided a declaration along with representatives letter that money will be available to me when needed. So, what's the issue. Why should bank mention my name or address any letter to me if I have no connections with that bank at all. We cannot accept financial institutions to not to follow their rules and procedures just to please HO. My appeal was very heated, my barrister was very strong in putting his point and strongly said HO such rules are not viable at all. At first I was scared that what on earth my barrister is doing why cant he take it easy but turns out to be they know there job better. And my judge had also mentioned about RODRIGUEZ CASE in his decision and therefore, allowed the appeal. I don't understand why urs is dismissed.
But all I would say is for sure apply for Upper tribunal and go through a good barrister. You have a strong chance.
Good Luck

[shortdays]

HELLO,
MY ENTREPRENEUR VISA HISTORY IS
PSW EXPIRED 21 JULY 2012.
ENTREPRENEUR VISA APPLIED 20 JULY 2012.
ROUTE 50000 POUND
MONEY HELD IN BROTHER BANK ACCOUNT IN ABROAD
BANK DID NOT ISSUE THE LETTER REGARDING THE HOME OFFICE FORMAT.
RECEIVED LETTER FROM HOME OFFICE JAN 2013 STATING THAT THE LETTER FROM THE BANK IS NOT ON MY NAME SO THEY ASKED ME TO PROVED THE NEW LETTER.
ASKED MY BROTHER TO GO TO THE BANK AND GET THE LETTER AS REQURIED BUT BANK REFUSED TO MENTION MY NAME ON THE BANK LETTER AS IT IS NOT THEIR POLICY.
SENT THE NEW BANK LETTER WITH THE COVERING LETTER MENTIONING THE EXACT CONDITION.
VISA REFUSED JULY 2013.
APPEAL AGAINGT THE DECISION IN FTT.
HEARING 22-01-2014
DECISION RECEIVED BY MY SOLICITOR YESTERDAY.
APPEAL DISMISSED.
JUDGE MENTIONED IN HIS FINDING THAT HE FOUND ME A CREDIBLE MAN. MY CASE IS REFUSED BECAUSE OF THE HOME OFFICE RULES. APPEALEANT HAVE TRIED HIS BEST TO GET THE FORMANT HOME OFFICE NEED BUT BANK REFUSED. HE ALSO SAID THAT NEW EVIDANCES SHOWS THAT THE MONEY IS AVAILABE TO HIM NOW. BUT EVIDENTIAL FLEXIBILITY HE DISMISSED MY APPEAL AND HE QUOTED RODRIGUEZ CASE IN HIS DECISION...
CAN U PLEASE HELP ME WHAT TO DO NOW.....
I HAVE JUST COMPLETED 8 YEAR IN THIS COUNTRY NOW.....
THANKS

Hello Premcomm,

My case was exactly similar to yours. And my bank had provided a separate letter stating as per their rules and regulations they cannot issue any such documents. it's the sole discretion of the account holder to provide any such declaration to the concerned party. All bank can do is issue the account holders bank statement along with a covering letter stating that the funds are available in the account holders account. Now home office had accepted that letter of the bank but they said however it doesn't mention your name. Now my argument was first of all, no bank on this earth would issue any such letter if I have no connections with the bank at all. As per bank its the sole will of the account holder and the account holder (my third party investor) has provided a declaration along with representatives letter that money will be available to me when needed. So, what's the issue. Why should bank mention my name or address any letter to me if I have no connections with that bank at all. We cannot accept financial institutions to not to follow their rules and procedures just to please HO. My appeal was very heated, my barrister was very strong in putting his point and strongly said HO such rules are not viable at all. At first I was scared that what on earth my barrister is doing why cant he take it easy but turns out to be they know there job better. And my judge had also mentioned about RODRIGUEZ CASE in his decision and therefore, allowed the appeal. I don't understand why urs is dismissed.
But all I would say is for sure apply for Upper tribunal and go through a good barrister. You have a strong chance.
Good Luck

@ Goblin, was you appeal allowed in FTT or UT?

[premcomm]

HELLO,
MY ENTREPRENEUR VISA HISTORY IS
PSW EXPIRED 21 JULY 2012.
ENTREPRENEUR VISA APPLIED 20 JULY 2012.
ROUTE 50000 POUND
MONEY HELD IN BROTHER BANK ACCOUNT IN ABROAD
BANK DID NOT ISSUE THE LETTER REGARDING THE HOME OFFICE FORMAT.
RECEIVED LETTER FROM HOME OFFICE JAN 2013 STATING THAT THE LETTER FROM THE BANK IS NOT ON MY NAME SO THEY ASKED ME TO PROVED THE NEW LETTER.
ASKED MY BROTHER TO GO TO THE BANK AND GET THE LETTER AS REQURIED BUT BANK REFUSED TO MENTION MY NAME ON THE BANK LETTER AS IT IS NOT THEIR POLICY.
SENT THE NEW BANK LETTER WITH THE COVERING LETTER MENTIONING THE EXACT CONDITION.
VISA REFUSED JULY 2013.
APPEAL AGAINGT THE DECISION IN FTT.
HEARING 22-01-2014
DECISION RECEIVED BY MY SOLICITOR YESTERDAY.
APPEAL DISMISSED.
JUDGE MENTIONED IN HIS FINDING THAT HE FOUND ME A CREDIBLE MAN. MY CASE IS REFUSED BECAUSE OF THE HOME OFFICE RULES. APPEALEANT HAVE TRIED HIS BEST TO GET THE FORMANT HOME OFFICE NEED BUT BANK REFUSED. HE ALSO SAID THAT NEW EVIDANCES SHOWS THAT THE MONEY IS AVAILABE TO HIM NOW. BUT EVIDENTIAL FLEXIBILITY HE DISMISSED MY APPEAL AND HE QUOTED RODRIGUEZ CASE IN HIS DECISION...
CAN U PLEASE HELP ME WHAT TO DO NOW.....
I HAVE JUST COMPLETED 8 YEAR IN THIS COUNTRY NOW.....
THANKS

Hello Premcomm,

My case was exactly similar to yours. And my bank had provided a separate letter stating as per their rules and regulations they cannot issue any such documents. it's the sole discretion of the account holder to provide any such declaration to the concerned party. All bank can do is issue the account holders bank statement along with a covering letter stating that the funds are available in the account holders account. Now home office had accepted that letter of the bank but they said however it doesn't mention your name. Now my argument was first of all, no bank on this earth would issue any such letter if I have no connections with the bank at all. As per bank its the sole will of the account holder and the account holder (my third party investor) has provided a declaration along with representatives letter that money will be available to me when needed. So, what's the issue. Why should bank mention my name or address any letter to me if I have no connections with that bank at all. We cannot accept financial institutions to not to follow their rules and procedures just to please HO. My appeal was very heated, my barrister was very strong in putting his point and strongly said HO such rules
are not viable at all. At first I was scared that what on earth my barrister is doing why cant he take it easy but turns out to be they know there job better. And my judge had also mentioned about RODRIGUEZ CASE in his decision and therefore, allowed the appeal. I don't understand why urs is dismissed.
But all I would say is for sure apply for Upper tribunal and go through a good barrister. You have a strong chance.
Good Luck

thanks for your reply and giving me some good advise.
i have planned to appeal against this decision in UTT. my solicitor will arrange the barrister who will write the appeal grounds.
thanks again....

[premcomm]

is anybody else help me regarding my case.
i will be very thankful to you guys for your advise.

[vinny]

And my judge had also mentioned about RODRIGUEZ CASE in his decision and therefore, allowed the appeal. I don't understand why urs is dismissed.

Unfortunately, the Rodriguez judgment was recently overturned.

[Olasunkanmi]

is anybody else help me regarding my case.
i will be very thankful to you guys for your advise.

its better you submit an application to FTT for permission to go to UT and you can then find out more information on your best course of action.

[Goblin]

[quote="shortdays"]

@ Goblin, was you appeal allowed in FTT or UT?[/quote]

Hi Shortdays,
It was allowed in FTT

[premcomm]

Hello,
I hv applied in July 12 and got refusal in August 13. Appealed in FTT and appeal dismissed on evidential flexibility bkaz of rodgriz judgment.
My question is if I go to UTT and getting no permission of appeal then what will be the option and how it will effect on my 10 year long residency visa as I hv completed my 8 years now.
What is the best option for me to keep the 10 year long residency visa intact.
Tnx

[Shah05]

Refer these posts.

http://www.immigrationboards.com/uk-tie ... 39736.html

http://www.immigrationboards.com/uk-tie ... 57045.html

http://www.immigrationboards.com/uk-tie ... 57661.html

[premcomm]

Refer these posts.

http://www.immigrationboards.com/uk-tie ... 39736.html

http://www.immigrationboards.com/uk-tie ... 57045.html

http://www.immigrationboards.com/uk-tie ... 57661.html

thanks shah05
after reading these posts i am still confused. exactly dont know what the law says abt this....
anybody explain this for me plz.. dont know should i go to UTT and if i rejected in UTT then what will happen... or should i go for the new application...
anybody answer plz

[Shah05]

@premcomm, 
Once u have got rejection in FT within 5 working days u have to apply for UT asking permission from FT, if u don't get permission from FT to go to UT than again in 5 working days from (the date u have recieved letter from) u can directly ask permission to UT. now UT has right to accept or denied ur application.

Now if UT accepts, 
Than u ll recieve date and follow procedure. If hearring result is in ur favour than u will be reviving documents with biometric card soon. And if result isn't in ur favour than Ur section 3c will end here means from that moment you will be considered as overstayer. Now within 28 days make a fresh application and wait for the result. In this case of u will be rejected than our won't be getting right of appeal.

Now if UT denies than Ur section 3c will end here means from that moment you will be considered as overstayer. Now within 28 days make a fresh application and wait for the result. In this case of u will be rejected than our won't be getting right of appeal.

Now you can also go for JR after getting rejection in UT but as u are completing 10 years soon If I were u than won't prefer this option. as if u loose in JR as well than you will have to leave the country.

In case of 10 years ilr if you are making a fresh application and have granted a visa, than the period in between of rejection from UT and granted visa from new application will be disregarded. Means your 10 years long residence will continue. So you don't need to worry about it.

Your main focus should be at the moment to get approved your visa.

Hope this will give you better idea. If any of the sentence or word you do not understand don't hesitate to ask again.

Good luck.

[Shah05]

If you are deciding to Make a new application than in this casE as well u have 28 days to make a fresh application. But again section 3c will end here and u will be overstayer from this moment.

If I were you than i will to go and apply for UT as i will buy some time for fresh applicaion. If u r doing the same than Make sure you don't leave any loop holes. And many of our members have won the case in UT. So give it a try.

[shortdays]

Hi All,

Here's an update. Just received the letter dated 24.02.14 from FTT notifying that they refuse the permission to go to UTT.

Considering the unique situation with initial appeal right with my application (please see my first post for history),

Can I still submit fresh application?
If yest, 28 Days start from which date (24/02 or 1st refusal from FTT dated 03/02)?

What would be my deadline to submit fresh application if I can?

[premcomm]

is anybody else help me regarding my case.
i will be very thankful to you guys for your advise.

its better you submit an application to FTT for permission to go to UT and you can then find out more information on your best course of action.

I have applied for permission to appeal and waiting for the reply from FTT. Received letter from FTT that they have received permission to appeal application.

[premcomm]

Hi All,

Here's an update. Just received the letter dated 24.02.14 from FTT notifying that they refuse the permission to go to UTT.

Considering the unique situation with initial appeal right with my application (please see my first post for history),

Can I still submit fresh application?
If yest, 28 Days start from which date (24/02 or 1st refusal from FTT dated 03/02)?

What would be my deadline to submit fresh application if I can?

After how many days u rcvd the reply from FTT that they hv refused to give u right of appeal.

[premcomm]

HELLO,
MY ENTREPRENEUR VISA HISTORY IS
PSW EXPIRED 21 JULY 2012.
ENTREPRENEUR VISA APPLIED 20 JULY 2012.
ROUTE 50000 POUND
MONEY HELD IN BROTHER BANK ACCOUNT IN ABROAD
BANK DID NOT ISSUE THE LETTER REGARDING THE HOME OFFICE FORMAT.
RECEIVED LETTER FROM HOME OFFICE JAN 2013 STATING THAT THE LETTER FROM THE BANK IS NOT ON MY NAME SO THEY ASKED ME TO PROVED THE NEW LETTER.
ASKED MY BROTHER TO GO TO THE BANK AND GET THE LETTER AS REQURIED BUT BANK REFUSED TO MENTION MY NAME ON THE BANK LETTER AS IT IS NOT THEIR POLICY.
SENT THE NEW BANK LETTER WITH THE COVERING LETTER MENTIONING THE EXACT CONDITION.
VISA REFUSED JULY 2013.
APPEAL AGAINGT THE DECISION IN FTT.
HEARING 22-01-2014
DECISION RECEIVED BY MY SOLICITOR .
APPEAL DISMISSED.
JUDGE MENTIONED IN HIS FINDING THAT HE FOUND ME A CREDIBLE MAN. MY CASE IS REFUSED BECAUSE OF THE HOME OFFICE RULES. APPEALEANT HAVE TRIED HIS BEST TO GET THE FORMAT HOME OFFICE NEED BUT BANK REFUSED. HE ALSO SAID THAT NEW EVIDANCES SHOWS THAT THE MONEY IS AVAILABE TO HIM NOW. BUT EVIDENTIAL FLEXIBILITY HE DISMISSED MY APPEAL AND HE QUOTED RODRIGUEZ CASE IN HIS DECISION...
I HAVE JUST COMPLETED 8 YEAR IN THIS COUNTRY NOW.....


I HAVE APPLIED TO GET THE PERMISSION TO APPEAL IN UTT ON 10 MARCH 2014 BUT TILL TODAY DID NOT HEAR ANYTHING FROM THEM.

MY QUESTION HOW LONG THEY NORMALLY TAKE TO DECIDE THIS. IS THERE ANY TIME LIMIT OR JUST WAIT AND WHAT I CAN DO?

ANYONE HAVE GOOD LUCK IN UTT REGARDING THIS TYPE OF REFUSAL?

ADVICE PLS.

THANKS