URGENT! 2nd Appl. Either Accepted nor Refused!! Plz he

[Fazer_1985]

Hi Guys,

Today I received the letter from HO which states

" Hi MR.xxx
I write regarding the completed application form you submitted for consideration to the Home Office on 28 May 2014 for leave to remain on the basis of Tier 1 Entrepreneur.
At the time of this application you already had an outstanding appeal against the Secretary of State’s decision to refuse your application for leave to remain as a Tier 1 Entrepreneur Migrant. You are restricted from making a fresh application whist an appeal is outstanding in accordance with Section 3C of the Immigration Act 1971 (as substituted by Section 118 of the Nationality, Immigration and Asylum Act 2002).

As this application was submitted while an appeal was on going we are unable to access it. Your appeal is no longer outstanding and you are therefore able to make a new application.

Your 3C leave ended on 21 July 2014, however as we have not notified you of this application been unacceptable ar an earlier time we are giving you 28 days from the date of this letter to submit a new application."


In my UTT appeal on 02 May 2014 I withdrawn the appeal and was told by the judge that appeal is withdrawn and I can make fresh application. So I Applied again as Fresh application and didn't miss the single point.

I received the letter the from Upper tribunal after 2 months and 15 days (21st july), I asked my lawyer and alot of ppl at that time when does the period of 28 days start??, and even my lawyer and everybody said if Appeal is withdrawn your 3c Leave of 28 days start from that day.

Another things UTT decision letter was received to me on 22nd July, So HO office also received this letter and at first instance when they received the application they didnt rejected, and they Didnt mention it to me in Interview and also
since last month they were making checks on my application by contacting my clients and all.

And now All of sudden when they didnt find anything to refuse my application they bring this UTT decision out of no where.

I am very depressed and dont know what to do.

So Gurus ( Rehan01, Olasunkanmi, princess of ammi and others ) plz advice me what should I do.

I am planning to write them a letter and request them that there has been misunderstanding and side by side prepare the new application.

And Is there anyone else in similar position please share your exp.

Any help or advice would be much appreciated.

[Fazer_1985]

Hellooo!!! Guyss!!!

Anyone?? With any suggestion or advice??
Please reply

[Princess of Ammi]

it has happened now and not paying proper attention and just worrying would more damage your case and situation

withdrawing in appeal may let you reapply within 28 days of the original decision date, or of the last determination(in your case) date this does not mean you are under the provision of 3C and D (I do not know who misled you about it). if you do not appeal within given time and/or once your withdraw in appeal you are an over stayer, no 3c or d !
3c and d cover you whilst appeal and have not got anything to do with 28 days provision.

you did not mention how and at what point you withdrew in appeal with Upper Tribunal, you did not mention either if there has been any tangible evidence from court that you withdrew in appeal for UKVI to know. you withdrew in appeal you may have been given given some oral assurance that appeal is withdrawn but again UKVI knew this on 21 July as case worker mentioned it.

solution to your problem is, since they accepted the information supplied by them to you is already late and compensation giving you 28 days again for re-applying, you should reapply as soon as possible with the same enthusiasm you had last time.

the way they wrote to you they seem satisfied with your business and activities(as you said there have been inquires on your business) but law and policies that they follow, may not have been in fav of you.
give it another Chance and hope for the best

[Fazer_1985]

@ princess of ammi, Thanks a lot for replying.

I am been active on this forum and have posted a lot regarding my case and you have replied to my post before as well.

I withdrew appeal at UTT hearing on 2nd may 2014, in front of judge and HO office lawyer. Infact judge gave me the option of withdrawing the appeal and apply as fresh.

The reason UTT said so was, I won my FTT appeal and in that FTT judge erred the law by taking new evidence in to consideration. So HO appealed on that and UTT judge was also convinced that FTT judge made a mistake and He said to my lawyer in court room that he is not going to allow this appeal in anyway. So gave two option, withdraw the appeal or he will go with his decision in which case i have to go court of law and thn withdrew that and apply again. But we withdrew appeal in court room in front of HO lawyer. And than judge read out his statement of verdict that we have withdrawn the appeal he have stated the HO first refusal as final statement.

And the letter I received on 21st July, everything written on it was read out loud by judge on hearing day. Thats the reason I am confused and want suggestion. Because I think its mistake on HO part. If i recv letter from UTT after two months and 15 days saying same shit as they said on hearing day whats the point?

And i am damn sure if i waited for UTT letter and applied after that they would have rejected by saying you are overstayer.

And I will apply again, there is noway I am leaving that, cuz I have already invested 15K and I am making money too.

But I also want to write them before I apply, to tell them that its not fair at all.

Because after all that happened I think I have been treated unfairly by HO. By sending me letter and telling me that appeal was in process that means HO lawyers don't tell case worker anything about the appeal? Like what happened there or anything? How is this possible and this letter has to come only when after they invited me for interview do all the checks on application and thn tell me to apply again?

Doesn't make sense to me.

Anyway I will prepare new application, thanks for your advice and reply, much appreciated.

If you have any other advice how i can make my application more better let me know, please.

Thank you.