Tier 1 Appeal allowed... but story continues... HELP!!!!

[evelynegus]

Hi all!

I would really appreciate some help here... as I am really desperate at this point....!

In January, I applied for a Tier 1 visa and was rejected in April based on the maintenance funds.

I appealed this decision and attended a hearing in June.

2 weeks ago, I was delighted to find out that I my appeal had been allowed. The judge wrote a 6 pages letter explaining why my case was the result of a fatal flaw in the system.

But on Monday, I found out that the Home Office has asked for a revision of judgement... even though they did not even bother showing up at the original hearing!

The Home Office informed me that I would have to wait for any random amount of time to finally get this visa... And I understand that this could result in another legal battle!?

I am currently pregnant and have no energy to fight another legal battle. More importantly, my priority is to make sure I am not deported a few weeks before or after having my first child... which would be a disaster!!! I can't live with this uncertainty in my life any longer... which is why I am so desperate at this point!

What I am aiming to do is to go back to Canada and make a fresh application. I now fully qualify on the Tier 1 programme.

However, I am afraid that they would reject my application, because of the fact that my previous one is still being considered in the legal system.

Is there anything I can do to solve this visa problem quickly???

Many thanks for your help!!!

[cheryl99]

Hi,

The Home Office has some cheek, if they didnt attend the hearing, then clearly they initially saw that they were in error. The only thing you can do at this point is wait, because as the appelant for a review the home office would have to withdraw the appeal for you to do a fresh application.

I would suggest getting some legal advice on the procedure, it can cost money, but it will be worth it. Do you have the grounds on which they have asked for a review?

[Gururaj]

Hi all!

I would really appreciate some help here... as I am really desperate at this point....!

In January, I applied for a Tier 1 visa and was rejected in April based on the maintenance funds.

I appealed this decision and attended a hearing in June.

2 weeks ago, I was delighted to find out that I my appeal had been allowed. The judge wrote a 6 pages letter explaining why my case was the result of a fatal flaw in the system.

But on Monday, I found out that the Home Office has asked for a revision of judgement... even though they did not even bother showing up at the original hearing!

The Home Office informed me that I would have to wait for any random amount of time to finally get this visa... And I understand that this could result in another legal battle!?

I am currently pregnant and have no energy to fight another legal battle. More importantly, my priority is to make sure I am not deported a few weeks before or after having my first child... which would be a disaster!!! I can't live with this uncertainty in my life any longer... which is why I am so desperate at this point!

What I am aiming to do is to go back to Canada and make a fresh application. I now fully qualify on the Tier 1 programme.

However, I am afraid that they would reject my application, because of the fact that my previous one is still being considered in the legal system.

Is there anything I can do to solve this visa problem quickly???

Many thanks for your help!!!

Hello,
firstly I am really sorry to hear about your case.. The decision from the court and the detrmination passed by the judge has clearly stated the flaw in the intial decision of Home Office. I am sure it must be a slight error from the office to ask for another review on ths judgement.

Please do not get too worried. You could take it a step further and you could appeal again in High court. But most of the cases referred to the high court would usually settled well before. This is definetely an emotional trauma and there is nothing that can happen by worrying. Only thing I would say is, it is not the end of the world and the Tribunal is very transperent. They tend to analyse things very carefully and the decision is always based on the evidence provided.

You are standing on a better edge as the Home office is appealing against 2 people now. One against you and the second against the judgement passed by the tribunal. They have to have stronger grounds to take it this further. I would advise you to take a legal help and let your solicitor deal with it. I think stress is the last thing you need during this time.
I am sure your case would be settled well in advance. I would advise you not to bother travelling back to Canada to make a fresh application at this point. You could resort to that if it is refused again and it would still take lot of time and the probability of that happening could be in fractions.

Wish you good luck.

[evelynegus]

I do not know on what ground they asked for a revision of judgement. All I've received is a letter from AIT stating that they have received the Home Office's letter asking for it.

Thank you for your answers and support!

[Gururaj]

I do not know on what ground they asked for a revision of judgement. All I've received is a letter from AIT stating that they have received the Home Office's letter asking for it.

Thank you for your answers and support!

I am sure they will send you the reasons. You could call the AIT and ask them regarding the same. The AIT customer service executives are really helpful and they tend to help you to the utmost.

Do not rely on the HO to send the relevant papers as in my case they have sent all my documents to a law firm based in London for no reason.. The kind fir have sent it back to my home address after looking at the documents..

Try getting a legal advise... There are several advatages to get a legal advise..

HTH

[evelynegus]

Yes, I think I will get legal advice. I did the appeal on my own, but I feel I can no longer stand the pressure!!!

[Gururaj]

Yes, I think I will get legal advice. I did the appeal on my own, but I feel I can no longer stand the pressure!!!

I wanted to represent on my own as I felt my case was very straight forward.. Most of the members in the forum recommended me to go with Legal advise. Mine was very straight and a decisional error but i recoursed to legal help..

My solicitor worked great behind the scene. He helped me in the preparation of my witness statement in proper jargon. Kind of things which I would not thought of and he raised them properly and at the end I was with a very strong witness statement and above all he got me a good barrister to represent me in the court.

It is worth and it was onyl last week before the trial, I was releived a bit as I am approached him just few days before my hearing date...

You will win. Stay calm (I couldnt do that myself and was stressed all the way till the last minute). But only realised at the end that it is not worth worrying.

[vinata]

Please describe your case in detail, otherwise, it may be difficult to advice you. What issue did you with the maintenance? And which additional evidence did you provide?

[monday]

Hi evelynegus

One thing i can presume is that having won the first battle, you will always win any other context by HO (this is from experience). Do not attempt to go back to canada now, has the appeal will be treated as abardoned if you leave and the possibility of rejecting a new application by HO could be high. You stand a better chance of sucess on the current appeal with God on your side