URGENT HELP REQUIRE FROM SENIORS

[sheikh123]

to all seniors and
@Olasunkanmi
Brother hope u will be fine, as i m reading all your post which is really helpfull for all the users. Plz i need ur detail reply in my case.
I applied Ent in 2013 which has been refused, and my appeal was dismissed as well. As per ur instruction i applied permission for UT from FT but they refused my permission as well. Although i m going to UT any way.
Plz tell me that UT will give me hearing date or they will accept my application or not? the second questions is that if i want to apply fresh should i use the same company as i used it first time as i used this company with my Ent team member as well and her application is still waiting for decision.
Another question as i came in UK Dec-2005 on student visa can i apply my new application as student in Level-8 course or PHD course as you can see that i have only left 2 years for my long residency case for ILR.

Plz advise me in detail what should i have to do plz

[Olasunkanmi]

@ sheikh123,

Plz tell me that UT will give me hearing date or they will accept my application or not?

Nobody can guarantee the outcome of any appeal except on refusals that are straightforward and even some judges are silly at times in refusing straightforward appeal. Example of straightforward appeal is cases where HO doubt the genuineness of an applicant despite the fact that the applicant have submitted documents showing the business to be actively trading and that HO have no evidence whatsoever to proof that the applicant isn't genuine. Most judges allow this kind of appeal because HO cannot just say an applicant is not genuine when such applicant is actively trading and doesn't have any unusual immigration history to suggest that he is not to be trusted.

This is the reason why I advice that you should make plans for a fresh application while your appeal is on-going and then submit a fresh application immediately after appeal if its not favourable.

the second questions is that if i want to apply fresh should i use the same company as i used it first time as i used this company with my Ent team member as well and her application is still waiting for decision.

Yes you can use the same old company that you used in your first application, but make sure you obtain latest documents from all necessary bodies and departments. And also correct all the mistake in the first application.

HO and caseworkers now treat Tier 1 entrepreneur visa as a lottery visa rather than a point based system for which it was designed.

Another question as i came in UK Dec-2005 on student visa can i apply my new application as student in Level-8 course or PHD course as you can see that i have only left 2 years for my long residency case for ILR.

Yes you can apply for PHD programme if you meet the requirement of not previously spending more than the maximum no of years on student visa. If you have the money then going for a PHD programme might be straightforward rather than playing the lottery been done by HO and their silly caseworkers in the Tier 1 entrepreneur category.

[sheikh123]

First of all a lot of thanks to Olasunkanmi which is really very appreciated. Just want to update my situation now that on today 04-Apr-14 my Ut is refused my appeal without hearing date . On the other side my business partner case is still pending as last week case worker wrote a letter to her asking for fresh bank statement and CAR of company which i think a good sign and might be chance that she will got a visa. Now my concern is that can u plz briefly explain me what should i do now like should i go to "Court of Appeal" and wait for her visa decision if its come positive will it help for me?

Another concern is that if i m in "Court of Appeal" is my 3C remain continue??
How long is the process of "Court of Appeal" and can i withdraw it any time plz plz let me know in detail i am really thankful for your time and detailed reply.

Thanks.

[Olasunkanmi]

@ sheikh123, going to court of appeal might be a good option but at this stage I assume you should have plan already for a fresh application as it might be cheaper to make a fresh application rather than fighting at the appeal court.

Going to the court of appeal may end up being more expensive than submitting a fresh application.
Your section 3C continues until after the last stage of your appeal, so you will still continue to have section 3C at the court of appeal stage.

[sheikh123]

Dear Olasunkanmi!

Thank you very much bro for ur reply. Can you please send me ur no so i can talk in detail plz its urgent.

[sheikh123]

All seniors i need ur urgent help plz. Today i received letter from UT in which its stated
"This is to inform you that Upper Tribunal has refused or not admitted your application for permission to appeal to the Upper Tribunal. The reason for the decision are enclosed herewith. There is no further right of appeal in these circumstances. A decision by the Upper Tribunal refusing permission to appeal to itself is an "excluded decision" and therefore no appeal lies from such a decision to the court of appeal: S13(8)(c) Tribunals, Courts and Enforcement Act 2007."

My question is that
1. Can i still go for court of appeal in this situation.
2. If yes what is time limit to go for court of appeal as in letter did not say any thing about time.
3. If i go in court of appeal my 3c is still continuous?

Plz all seniors i need ur guidance in this regard.

Thanks.