Thursday 15 November 2012

Tier 1 Entrepreneur Visa (Business Visa) Appeal/ refusal Queries

Tier 1 Entrepreneur visa

ukvisasguidance@gmail.com

Here, i list the regular encounters from applicants who write to me on my email address above.


I applied for Tier 1 Entrepreneur in country from current Student visa
application reached a decision of refusal on the basis of English. Actually,i had put in a covering letter that the English exam has been appeared for and results of C1 due in 3 weeks. The caseworker wrote a letter requesting the same in 7 days. The certificate had arrived and was posted, for which i have the proof of posting, but never reached to the UKBA. guess, royal mail lost it.
Case refused and now given a right of appeal.

1.How many merits do you think the appeal has to win it?
2.any similar experiences in dealing with an appeal?
3.What should i go for Oral or written hearing?
4.any particular references to be made in order to support my appeal from any previous judgements that members may be aware of?
5.Should i take the help of solicitor or the case is too simple for me to explain and for the judge to approve?
6.if judge approves do i get an approval letter for Tier 1 or the case goes back to the UKBA for the assessment, in this case i am worried about the time if it resets the counter that i had to wait for this decision from the UKBA
7.how much time is taken by the tribunal to reach a decision, the entire process as i have further travel plans to my home country. Everything has been disrupted for now.

Kindly, advise ASAP need to lodge the appeal in next 5 working days


Answers

Hi

I think you have a very good chance to win in oral appeal.

I have seen many cases like this and judges consider it. You may need to hire a very good and confident immigration lawyer.

You may need the followings to argue:

1. Proof that you had already mentioned in your covering letter that certificate will take 3 weeks to arrive.

2. Proof that you were issued C1 pass certificate before refusal.

3. Get a kind of proof that Royal mail has acknowledged that they have lost it.

4. Arrange another C1 certificate from issuing body of your English language test. (not necessarily at the time of appeal, but you must have it when you go to hearing).

5. Just appeal within allocation time.

Good luck

Ukvisasguidance@gmail.com

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