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Tier 1 Entrepreneur Appeals

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

therock
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Posts: 349
Joined: Tue Nov 02, 2010 1:17 am

Tier 1 Entrepreneur Appeals

Post by therock » Wed May 08, 2013 12:59 am

Hi, Please use this thread to discuss appeal related stuff. I will start it:

Lodged an appeal via fax on: 07-05-2013
Hearing Date: Waiting

Please post your experience, it will really help.

Thanks

Extension2013
Member
Posts: 100
Joined: Fri Apr 26, 2013 8:48 pm
Location: Nottingha

Re: Tier 1 Entrepreneur Appeals

Post by Extension2013 » Fri May 10, 2013 2:04 pm

I have appealed on 26th April and have recieved hearing date for 11th June 2013.
Lets see whats happens.....just fingercross for court decision

khan_81
Member of Standing
Posts: 267
Joined: Wed Nov 21, 2012 9:03 pm
United Kingdom

Post by khan_81 » Fri May 10, 2013 2:12 pm

Hi
Appeal filed through fax : 16th April
Hearing date : waiting

Please update all who are waiting for appeals hearing and decisions.

Thanks

junoon
Newly Registered
Posts: 24
Joined: Wed Jun 30, 2010 3:30 pm

Post by junoon » Fri May 10, 2013 2:23 pm

i sent my appeal via fax and by recorded post as well on 29th of April. but still waiting for acknowledgement and hearing date. plz update any of you receive anything from tribunal..thanks

inevitable008
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Posts: 19
Joined: Tue May 14, 2013 11:29 pm

Post by inevitable008 » Tue May 14, 2013 11:44 pm

I sent in my appeal last week, how long is the wait time before the appeal fee get taken out of my bank account.

therock
Member of Standing
Posts: 349
Joined: Tue Nov 02, 2010 1:17 am

Post by therock » Wed May 15, 2013 12:28 pm

All other members who have attended an appeal hearing or got a hearing date, please kindly post your experience in this thread. I would really appreciate if the moderator makes this thread sticky so we have everything in one place. !

itk
- thin ice -
Posts: 212
Joined: Thu Mar 21, 2013 3:38 pm

Post by itk » Wed May 15, 2013 3:19 pm

My Solicitor File appeal for me today, hearing date yet to be confirmed. I wish above all things that God favour all our efforts in Jesus name Amen.

penny1012
Junior Member
Posts: 82
Joined: Sun May 16, 2010 11:13 am

Post by penny1012 » Fri May 17, 2013 1:13 pm

[quote="inevitable008"]I sent in my appeal last week, how long is the wait time before the appeal fee get taken out of my bank account.[/quote]


I appealed on 28th March, paid tribunal fees on 19th April, still waiting for hearing date.

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Post by sad.1 » Fri May 17, 2013 4:16 pm

MY LAWYER SUBMITTED MY APPEAL ON 14 MAY AND YET MY FEE IS NOT BEEN TAKEN OUT FROM MY ACCOUNT AND NO REPLY HE SAID HE FAX IT.
DOES ANYONE ONE HOW LONG DOES THEY TAKE FOR FEE DEDUCTION?

aziz1053
Junior Member
Posts: 81
Joined: Tue Oct 23, 2012 10:34 pm
Location: London

Post by aziz1053 » Fri May 17, 2013 5:20 pm

appeal logged 27 march 2013 through lawyer, type paper appeal fees deducted within week £80 then received some letter in time appeal then submit your evidence by 22 of may 2013 now will submit the grounds & all related documents on 20 may 2013.. fingers cross hope to get the decision within 2 weeks. didn't go for oral hearing because fees was more then you have to hire barrister for that...

aziz1053
Junior Member
Posts: 81
Joined: Tue Oct 23, 2012 10:34 pm
Location: London

Post by aziz1053 » Fri May 17, 2013 5:29 pm

sad.1 wrote:MY LAWYER SUBMITTED MY APPEAL ON 14 MAY AND YET MY FEE IS NOT BEEN TAKEN OUT FROM MY ACCOUNT AND NO REPLY HE SAID HE FAX IT.
DOES ANYONE ONE HOW LONG DOES THEY TAKE FOR FEE DEDUCTION?
within 6 weeks

ukakbar
Newly Registered
Posts: 6
Joined: Sat May 04, 2013 3:33 pm

Oral Hearing Submitted by Solicitor

Post by ukakbar » Tue May 21, 2013 12:05 am

Oral Hearing submitted by lawyer on 15th May. Money has not been taken yet.

Reason - Personal name not found on Advertisement.

khan_81
Member of Standing
Posts: 267
Joined: Wed Nov 21, 2012 9:03 pm
United Kingdom

Post by khan_81 » Fri May 24, 2013 10:41 am

Any updates guys on ur appeals share please

RizKCB
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Posts: 320
Joined: Mon Mar 15, 2010 7:14 pm
Mood:
Pakistan

Post by RizKCB » Fri May 24, 2013 11:36 am

One of my friend submitted appeal in 1st week of April, dont know when his fee deducted but yesterday got hearing date of 29th August at Hatton Cross.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Fri May 24, 2013 12:47 pm

april to august ....

4 months ? :shock: :shock: :shock: :shock: to get a date?

JaiHanuman
Newly Registered
Posts: 18
Joined: Fri Oct 12, 2012 1:53 pm

Post by JaiHanuman » Fri May 24, 2013 4:37 pm

Hi all

which is the best way to appeal?

written or oral? does it make difference in timescales?

please advice on this. thanks

therock
Member of Standing
Posts: 349
Joined: Tue Nov 02, 2010 1:17 am

Post by therock » Fri May 24, 2013 5:42 pm

Here is my update:

Lodged an appeal via fax on: 07-05-2013
Money deducted by tribunal: 24-05-2013

Mr Legal
Member
Posts: 175
Joined: Wed Mar 06, 2013 2:19 am
Location: Scotland

Post by Mr Legal » Fri May 24, 2013 6:08 pm

JaiHanuman wrote:Hi all

which is the best way to appeal?

written or oral? does it make difference in timescales?

please advice on this. thanks
No it doesnt make any difference in timescal to file an oral or a paper appeal.It thoroughly depends on the caseload of the tribunal where one appeal is sent to be heard.

In an oral appeal you need to appear before the tribunal and record your statment in chief and the cross of the HO presentting officer,however,in paper appeal you dont need to appear before the tribunal for any statment because the judge will examine your paper and will decide on them.
Experience and understanding can get you to the goal.Every information based on my own experience is friendly shared in goodfaith.

Khizar
Junior Member
Posts: 78
Joined: Thu Apr 11, 2013 10:18 pm

Entrepreneur team .. appeal

Post by Khizar » Sat May 25, 2013 7:47 pm

Entrepreneur Team 50K, in country application

Appeal form sent for oral hearing on = 09-04-2013

Appeal fee debited from account on = 24-04-2013

Received letter from tribunal services = 24-05-2013

Hearing date confirmed on the letter = 04-09-2013

toby23
Junior Member
Posts: 81
Joined: Wed May 29, 2013 10:36 am

Tier 1 Entreprenuer Visa 50K

Post by toby23 » Wed May 29, 2013 10:42 am

Hi Guys

My application got rejected because my client didnt sign the contract and UKBA said it doesnt prove the business activity.
Well basically the contract was written in a way that my client didnt have to sign it and the fact that im working on his site, getting paid and him signing the timesheet ( which was a part of the contract and was attached with the application) does prove the business activity.

I sent my oral appeal form on 13th of May , can any please advice how much time it takes for them to get back to me with a hearing date. 140 gbp has not been deducted yet from my account.

Also in the rejection letter they accepted that i do have access to 50K, do i still need to keep 50K in my bank account ? I mean i have been sitting on it and doing nothing for 4 months and im sure they wont expect us to block our investments. I'm planning to send it back home where atleast it can earn some decent interest.

Please help.

Regards

Toby

User avatar
annoyedatukba
Member of Standing
Posts: 321
Joined: Wed May 01, 2013 11:26 am

Appeal Date

Post by annoyedatukba » Wed May 29, 2013 11:55 am

I appealed on 23rd march, oral hearing. Money deducted on 26th march. Got a letter 20th April informing me that my appeal date was July 30th.

Have anyone actually had an appeal? It would help if someone would post what we can expect at the hearing. What documents are required etc.

Avinine86
Newly Registered
Posts: 28
Joined: Tue May 29, 2012 7:41 am
Location: london

Re: Tier 1 Entreprenuer Visa 50K

Post by Avinine86 » Wed May 29, 2013 5:32 pm

Hi Toby,

I have had a similar situation where the contract is in between my company and the recruitment agent. The contract states that my company and the recruitment agency are the two parties on the contract but the contract mentions that the client is BT.

The case worker rejected the visa stating that I have not provided the contact details like email and phone number of BT.

They also mentioned that 'Computer consultancy services' is not the right breakdown of services to be stated as their requirement.

My solicitor has launched the appeal stating 'BT' is not a part of the contract but only a client and that there's no reason to mention the clients contact details and that its no where mentioned in that policy guidance that we need to provide a break down of services on the contract.

Pls contact me if you are interested to discuss your case in detail.

Also, as per your situation I would recommend you to not to withdraw any money out from the bank until you hear the final decision.

Mr Legal
Member
Posts: 175
Joined: Wed Mar 06, 2013 2:19 am
Location: Scotland

Re: Tier 1 Entreprenuer Visa 50K

Post by Mr Legal » Wed May 29, 2013 6:44 pm

toby23 wrote:Hi Guys

My application got rejected because my client didnt sign the contract and UKBA said it doesnt prove the business activity.
Well basically the contract was written in a way that my client didnt have to sign it and the fact that im working on his site, getting paid and him signing the timesheet ( which was a part of the contract and was attached with the application) does prove the business activity.

I sent my oral appeal form on 13th of May , can any please advice how much time it takes for them to get back to me with a hearing date. 140 gbp has not been deducted yet from my account.

Also in the rejection letter they accepted that i do have access to 50K, do i still need to keep 50K in my bank account ? I mean i have been sitting on it and doing nothing for 4 months and im sure they wont expect us to block our investments. I'm planning to send it back home where atleast it can earn some decent interest.

Please help.

Regards

Toby
The tribunal normally takes out the money from your account within four weeks.So you should not be worried ,your fee will be taken out in due time and the later you will receive a hearing date.Hearing date depends on the caseload of the tribunal where your appeal is to be heard and I have seen the cause list for hearing date in the first tier tribunal in the month of august and septemeber from now.

And I can understand your concern about the investment amount but unfortunately, I cannot suggest anything for this because the possession of amount and its investment throughout the first 3 years are the mandatory part and parcel for a genuine entrepreneur regardless of the fact that the ukba has ticked ok to your access of funds or whether they will need to aske you again for this requirement during your appeal or later the process of visa on allowed appeal.

I think this may help you to some extent.
Experience and understanding can get you to the goal.Every information based on my own experience is friendly shared in goodfaith.

toby23
Junior Member
Posts: 81
Joined: Wed May 29, 2013 10:36 am

Post by toby23 » Fri May 31, 2013 12:08 pm

Hi Mr Legal

Thanks for your advice. Well i want to transfer the money into an overseas bank account where I can earn good interest. I can still show the access to 50K or could potentially invest the money from company into an overseas country and then when the decision has been made , I can easily bring it back to UK.

I get your point " the possession of amount and its investment throughout the first 3 years are the mandatory part and parcel for a genuine entrepreneur " but does UK BA agency understand that a genuine entreprenuer can not take the risk of start investing money in a business if know that there is no gurantee that if would actually be allowed to work in the country he is investing his money in.

I mean what if one starts investing his money and the UK BA agency rejects the visa, in that case an entreprenuer has invested his money in the business in a country where he is not allowed to work/ carry out any business activity.

Well I belive UK BA agency should revise their strategies to test a genuine entreprenuer possibly by looking into companies accounts every year or speed up the process, imagine we all could have spent our time and resources in generating employment opportunities, expanding the business thus helping the economy.

I hope some is done soon to keep the genuine entreprenuers in this country otherwise sooner or later this company will suffer from brain drain , as people might start moving to developing economies where the rules are not too stringent and high growth opportunities.


Thanks

Toby

penny1012
Junior Member
Posts: 82
Joined: Sun May 16, 2010 11:13 am

Appeal hearing date

Post by penny1012 » Fri May 31, 2013 12:11 pm

Hi guys,

Has anyone from London got a hearing date at iat Hatton cross, I appealed 28th march, just wanted to get an estimate of the hearing date.

Thanks.

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