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Application was refused, how to appeal

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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jzwho
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Joined: Wed May 01, 2013 10:49 pm

Application was refused, how to appeal

Post by jzwho » Wed May 01, 2013 11:14 pm

My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.

i_am_sultan
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Posts: 19
Joined: Mon Apr 29, 2013 2:42 pm

Re: Application was refused, how to appeal

Post by i_am_sultan » Thu May 02, 2013 12:10 am

jzwho wrote:My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.
Sorry to hear about your refusal if you are going for appeal hire a good lawyer.......as your visa been refused thats why your baby visa get refused thats what his comment means. your baby should have right of appeal by the way how many appeal forms you got?

jzwho
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Posts: 6
Joined: Wed May 01, 2013 10:49 pm

Re: Application was refused, how to appeal

Post by jzwho » Thu May 02, 2013 8:33 am

i_am_sultan wrote:
jzwho wrote:My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.
Sorry to hear about your refusal if you are going for appeal hire a good lawyer.......as your visa been refused thats why your baby visa get refused thats what his comment means. your baby should have right of appeal by the way how many appeal forms you got?
Thank you for reply. I have received three appeal forms.

imranabro
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Posts: 22
Joined: Wed Aug 15, 2012 2:46 pm

appeal

Post by imranabro » Thu May 02, 2013 11:22 am

my friend got same refusal grounds.
he got appeal from Dean Manson Solicitors based in tooting. if you want i can give you my friend's number. that could be helpful for you or else contact with these solicitors. i just spoke to my friend and told him about your refusal. he suggested you to contact wit solicitors

LEGAL SOLUTION
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Joined: Mon Mar 25, 2013 6:24 pm

Re: re your application

Post by LEGAL SOLUTION » Thu May 02, 2013 12:40 pm

you got a nice appeal case. and as far as your baby is concerned, he wont get right of appeal as he has not a valid leve to remain. once you get your visa, you can apply for the child as your dependent or just do registration if you get an ILR

LEGAL SOLUTION
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re you query

Post by LEGAL SOLUTION » Thu May 02, 2013 12:41 pm

and dear Imran Abro, you should also mansion that you yourself work st dean manson solicitors. getting a client is good but not misleading. sorry if i hurt you

Shinya
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Location: London
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Re: Application was refused, how to appeal

Post by Shinya » Thu May 02, 2013 12:50 pm

jzwho wrote:My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.
i dont understand ... have you done your phD in the uK? if thats the case, then the rules for phd are more flexible and easy. phD itself falls in the research category which is level 6.

maintaining the funds for 90 days means the funds should not fall below £900 at any time. have you withdrawn any part of it in between ?

jzwho
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Posts: 6
Joined: Wed May 01, 2013 10:49 pm

Re: Application was refused, how to appeal

Post by jzwho » Thu May 02, 2013 12:56 pm

Shinya wrote:
jzwho wrote:My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.
i dont understand ... have you done your phD in the uK? if thats the case, then the rules for phd are more flexible and easy. phD itself falls in the research category which is level 6.

maintaining the funds for 90 days means the funds should not fall below £900 at any time. have you withdrawn any part of it in between ?

Yes, I got my PhD in the UK. I haven't touched the money for more than 90 days, but the statement only covers 3 months period.

tsl
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Joined: Mon Mar 11, 2013 8:32 pm

Post by tsl » Thu May 02, 2013 4:32 pm

teaching uni student and school doesnt fall in to category of required service level im afraid

Sug
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Joined: Sat Aug 04, 2012 7:39 pm
Location: London

Hi

Post by Sug » Thu May 02, 2013 5:13 pm

tsl wrote:teaching uni student and school doesnt fall in to category of required service level im afraid

I think u can appeal and win easily if u teach even private tuition to any private individual it is above the required level for this visa
I think case worker went wrong as u see many people getting rejections for no reason
Best of luck
Hi

dd156
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Joined: Mon Nov 19, 2012 1:48 pm

Post by dd156 » Thu May 02, 2013 7:45 pm

tsl wrote:teaching uni student and school doesnt fall in to category of required service level im afraid
It does. Someone on this board got a visa for pivate tutoring.

dd156
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Post by dd156 » Thu May 02, 2013 7:48 pm

Did you provide any advertising material?

Shinya
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Contact:

Re: Application was refused, how to appeal

Post by Shinya » Thu May 02, 2013 8:00 pm

jzwho wrote:
Shinya wrote:
jzwho wrote:My application was refused due to 2 reasons:

1. I submitted 2 contracts to prove my business activities, the comments said: "the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business does not seem up to the level 4 or above framework. " I think the caseworker isn't sure about that either. I have a PhD, one contract shows I am teaching a university student, the other contract shows I am teaching school students. Does the second contract not satisfy the requirement? But I have the first contract to show I am qualified. Confused.

2. I give the maintenance proof as my bank statement trace back 3 months with enough funds. The comments said: "Not satisfied that you have provided the specified documents to show you have been in possession of sufficient funds for the specified period." But which part is wrong? Confused.

Anyway both me and my wife have the chance to appeal, but when it come to my 2 years old baby who's born here, no appeal is allowed! The comments said: "not satisfied that you are a child of a parent who has valid leave to enter or remain or who is, at the same time, being granted leave to remain as a tier 1 migrant." Isn't that crazy? We have right to appeal while baby cannot, has to go back immediately?

Could someone give some advises please? Thanks.
i dont understand ... have you done your phD in the uK? if thats the case, then the rules for phd are more flexible and easy. phD itself falls in the research category which is level 6.

maintaining the funds for 90 days means the funds should not fall below £900 at any time. have you withdrawn any part of it in between ?

Yes, I got my PhD in the UK. I haven't touched the money for more than 90 days, but the statement only covers 3 months period.
If you are PhD, then you can only specify certain occupations with right titles... did you not check the SOC list ?


NQF 6 (PhD-level) Section P – education
TEACHING AND RESEARCH PROFESSIONALS
231 Teaching professionals
2311
Higher education teaching professionals
Lecturer (higher education, university), Polytechnic lecturer, Professor (university), Reader, University lecturer

your occupation must be as specified with the code. It has nothing to do with the contract.

jzwho
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Joined: Wed May 01, 2013 10:49 pm

Post by jzwho » Fri May 03, 2013 8:51 am

dd156 wrote:Did you provide any advertising material?
Yes . I did .

dd156
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Post by dd156 » Fri May 03, 2013 9:03 am

jzwho wrote:
dd156 wrote:Did you provide any advertising material?
Yes . I did .
Hi,
Which SOC code did you provide?

dd156
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Post by dd156 » Fri May 03, 2013 9:10 am

jzwho wrote:
dd156 wrote:Did you provide any advertising material?
Yes . I did .
Hi,
Which SOC code did you provide?

jzwho
Newly Registered
Posts: 6
Joined: Wed May 01, 2013 10:49 pm

Post by jzwho » Fri May 03, 2013 9:11 am

dd156 wrote:
jzwho wrote:
dd156 wrote:Did you provide any advertising material?
Yes . I did .
Hi,
Which SOC code did you provide?
231 Teaching professionals
2311
Higher education teaching professionals

jzwho
Newly Registered
Posts: 6
Joined: Wed May 01, 2013 10:49 pm

Post by jzwho » Fri May 03, 2013 9:21 am

I have post them my resume , cover letter and business plan ,so confused about caseworker's comments ,and I don't know what exactly went wrong.

my_friend
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Joined: Mon Mar 25, 2013 7:17 pm

Post by my_friend » Fri May 03, 2013 1:21 pm

jzwho wrote:I have post them my resume , cover letter and business plan ,so confused about caseworker's comments ,and I don't know what exactly went wrong.

Dont worry about your baby...as your baby is born here no one can ask your baby to leave...once you get your appeal approved you may apply for a dependant visa for your baby...

just consult a good lawyer for your appeal...im sure you will get your visa approved....

silverpearlz
Junior Member
Posts: 53
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visa refused...no landline number in contract appeal help ur

Post by silverpearlz » Sat May 04, 2013 11:32 am

visa refused...no landline number in contract appeal help urgent

I have given name email full address with postcode and university name of client. the contract was biotechnology tutoring services. My client didnt have a landline so I could not provide it. I have got email conversation with my client as an evidence. for the company I provided company name, company address with postcode,directors name, tutors name, email, mobile numbers, company registration number, tutoring subjects, date, signed.


There are errors on the UKBA letter by the caseworker and makes my case strong. what laws can i use when the caseworker has literally misinterpreted the immigration rules? Moreover he/she did not award me points for Appendix A: Funds in FSA regulated institution (25 Points) and Access to 50 K (25 Points) where I already submitted two letters and bank statement confirming the same. Same set of documents was provided for my Entrepreneur team member and my business partner as well. It seems like its an error in judgement has been made and the caseworker was just being negligent.

the contract doesnot have a landline phone number as stated in immigration rules that is what they have mentioned

there is another mistake contradictory statements in one box
first they say you have provided sufficient evidence to demonstrate that you do have access to at least50000

then at the bottom have not supplied any documentary evidence for any other points which is the fifth point in the under d attributes of appendix a

thanks please i am confused...urgently...reply I am at the 5th business day have to lodge my appeal in 2 day

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