VISA Refused after 7 months long wait

[mkd1234]

My entrepreneur visa has been rejected after 7 months of long wait without a right of appeal.

Category switching from: PSW
Refusal date : 16/08/13

Reason for Refusal: I don't have my sign on contract where as my partners sign exists on it and no evidence of business activity.

My visa was due to expire on 17th of jan 2013 so we handed over the documents to our solicitor before 17th of Jan but the refusal documents from UKBA says that our application has been submitted on 29th of Jan. This is the reason I haven't got the right of appeal.

I have been visiting this forum for the last 8 months each and every day, I have seen a lot of applicants, who really have secured some good advise from the experience of other applicants. Could u please any one in the senior members analyse my situation and advise me accordingly. and yes my other team member is still waiting on his decision. The money was held on my name in overseas account. All the documents including business plan have been provided at the time of application. No interview, No query.

[vinny]

I have uploaded my query before but no one has responded me so far..... got my visa refused a few days back. No right of appeal because according to UKBA we have submitted our application after my visa was expired but I have solid proof that we have submitted it before my visa expiry date. Now what should I do in this situation?? Should I write them or should I write the Asylum and Immigration Tribunal along with the proof.

Now lets come to reasons for refusal.
1) I dont have sign on the contract while my team partner's sign exists on it.

2) no evidence of business activity has been shown

How come we can show them any activity when they never asked for it, no query from them in the whole 7 months. Had it been asked for we would have provided it to them.

If by any chance I get the right of appeal what should be the grounds of my appeal and should I go for it without any solicitor? Because my recent experience with solicitor's has really been very disappointing.

Some people in this forum have always been very helpful and more smart and professional than 90% of the solicitors out there. Therefore I really value their opinions and will take their advise seriously.

Please please do advise me according to your understanding as your help will be highly appreciated.

Thanks.

[vinny]

Confirm with your solicitor when your application was posted. Ask for proof of the date of posting.

If your solicitor posted your application in-time, then it seems like you do have a right of appeal (82(2)(d)). If you wish to appeal, then submit an appeal, preferably before the appeal deadline, and ask a judge to confirm your right of appeal.

[Mr Legal]

My entrepreneur visa has been rejected after 7 months of long wait without a right of appeal.

Category switching from: PSW
Refusal date : 16/08/13

Reason for Refusal: I don't have my sign on contract where as my partners sign exists on it and no evidence of business activity.

My visa was due to expire on 17th of jan 2013 so we handed over the documents to our solicitor before 17th of Jan but the refusal documents from UKBA says that our application has been submitted on 29th of Jan. This is the reason I haven't got the right of appeal.

I have been visiting this forum for the last 8 months each and every day, I have seen a lot of applicants, who really have secured some good advise from the experience of other applicants. Could u please any one in the senior members analyse my situation and advise me accordingly. and yes my other team member is still waiting on his decision. The money was held on my name in overseas account. All the documents including business plan have been provided at the time of application. No interview, No query.

I am abit confused of what Mr vinny advised because the first tier tribunal's power to look into the matters come out of the decision of SSHD where a full or limited right of appeal available to a claimant.In your case,there is no right of appeal as you said.I don't think the tribunal would entertain your appeal because for which you need first to establish your right of appeal.

I would suggest from my own understanding and experience that are you pretty sure that your solicitor posted your application ontime.If this is the case,write a letter to Home Office claiming right of appeal as decision on your application attracts right of appeal based on your post office evidence and intimate them if the decision may not be revised to grant you right of appeal ,then the letter should be considered as pre action protocol.they may do it accordingly.

[vinny]

The right of appeal is govern by legislation, not the Home Office. In the OP's case, it depends on whether or not a valid application was submitted to the UKBA (34G-34I) before the expiry of leave, irrespective of what the Home Office has stated. The Home Office cannot deny a right of appeal, if one exists.

However, an appeal should also be submitted in-time. So, if the OP has confirmation/proof that the application was submitted to the UKBA in-time and wishes to appeal, then further time should not be wasted by writing unnecessary letters to the Home Office.

If the solicitor submitted the application late, then there is no right of appeal.

[top]

As I see in other post (which has now been blocked) where you say you have a solid proof your application to have had been posted in time it is no doubt good news for you.
ask your lawyer if you find existing a competent to deal with such a case as yours to write UKBA a letter explaining the situation and send this proof or posting as well as quote the law which entitles you to be given a right of appeal.
Law is a law no one is above the law if they made a mistake (which is apparently an unlawful action) by giving you not right of appeal would be given on identifying the mistake.
you would have been told this by your lawyer before me anyways I wish you best of luck with your appeal and case win subsequently.
thanks...

[mkd1234]

Thanks a lot Vinny, M.r legal and Top for your prompt reply, based on the fact and weight Vinny's arguments sounds more convincing, no offence to others but as I have little time so I have to react quickly. Let me update a bit more of my case.
I have enrolled the biomatris twice due to same UKBA's mistake. 1st they send me a letter of biomatric enrollment where my nationality was mentioned as Bangla deshi in it, anyway I did enroll it the next day.after a month or so got another letter from them to re-enroll biomatrics once again. The guy in post office was really surprised and told me that there was nothing wrong with 1st one unless some thing wrong with the UKBA. The reason for mentioning it here is to explain my point that UKBA does mistakes as well but they don't have to pay a price like we face it in form of refusal and money wastage.

Anyway( Vinny, Mr Legal) could you please tell me how to contact the court and what form I would I need to start up my process straight away. Secondly the refusal letter says that all my documents have been transfer to my local immigration office, sould I contact them and get my documents back from them and how to get rid of my solicitor now???? Please reply me as I don't have much time left. And thanks once again for your precious advse.

[vinny]

submit an appeal

Click on the given link for more details.

[mkd1234]

Thanks vinny really appreciate your help, I have visited the link you have given but you can exercise this option if you have the right of appeal. I have to get the appeal 1st. So should I right them a letter 1st along with the proof or straight away fill in the said form??? in the later case what should be my grounds of appeal in this case? and what about the local immigration office who is holding my documents at the moment. As what ever the reason is I have no valid stay at the moment, I could get in problems. plzzz do reply if possible.

[vinny]

You may submit an appeal if the UKBA had made a mistake about your date of application (34G-34I). Explain your circumstances in a covering letter. Enclose proof that your solicitor had submitted an in-time application to the UKBA. Ask a Judge to confirm that you have a right of appeal under 82(2)(d) and to allow your appeal to proceed. If the Judge agrees, then Section 3C should also be applicable.

The Grounds of appeal depends on the reasons for the refusal. They are separate matters that you have to decide for yourself.

[mkd1234]

Thanks a lot Vinny, I really appreciate your help in my case and keep a high regards for the advise you have given to me. No doubt your help in this situation is really a blissing from God. It looks like I will need your advice in future as well.

thanks

[sublime688]

While Vinny is right strictly speaking on the point of common sense in the use of the legal system and the application of the Law, I think it may be complicated if someone decides to apply the Law as it is. Now, it is the law, that when a Public body makes a wrong decision, and you are wrongly given no appeal rights , you go to court for redress. The judicial route for redress when you have no appeal rights is to apply for the decision not to grant you appeal rights to be judicially reviewied by the Administrative court. It would normally not be within an appellate jurisdiction to handle a wrong decision not granting appeal rights.

It is no different to ask an applicant for protection who is refused protection in the UK, and wrongly denied in-country right of appeal to submit a notice of appeal instead of challenging the wrong decision.

So all I am saying is, the OP can submit a notice of appeal , but he should be aware that if the Tribunal decides that he has no right of appeal, he might find himself back with the Home Office to try and challange the initial Home Office decision by Judicial review. So he would be better placed legally, to submit a Pre-action protocol challenging the home Office... as a starting point. As a matter of opinion, it is the OP to decide

[Gomchi]

I have the same case like yours , due to mistake of the solicitors I am suffering because we are not allowed to work because our documents were sent to ho after the visa was expired. So it's been 7 and half months I have applied for enterpreneur. I don't know how will I survive in cruel country..

[mkd1234]

Who's ur solicitor? PM me if you dont want to expose him publicly. Probably we have the same solicitor.

[mkd1234]

Who's ur solicitor? PM me if you dont want to expose him publicly. Probably we have the same solicitor.

[BlackBirdSSG]

Have you guys heard of Solicitors Regulation Authority (SRA)?
First of all, you need to report them to SRA. They will take them down.

Have you signed a power of attorney with them? (this is not the REPRESENTATIVE PAGE included in the UKBA visa forms). If you have, they are liable. If not, what were you even thinking?!??!

First of all, solicitors must never take cash when they have a bank account. This is the first thing they are told to do so.

The best thing to do in order to make them liable is to email them and ask if there is any balance remaining from your side to pay them? (and do mention somehow how much you have paid them)

[Olasunkanmi]

My entrepreneur visa has been rejected after 7 months of long wait without a right of appeal.

Category switching from: PSW
Refusal date : 16/08/13

Reason for Refusal: I don't have my sign on contract where as my partners sign exists on it and no evidence of business activity.

My visa was due to expire on 17th of jan 2013 so we handed over the documents to our solicitor before 17th of Jan but the refusal documents from UKBA says that our application has been submitted on 29th of Jan. This is the reason I haven't got the right of appeal.

I have been visiting this forum for the last 8 months each and every day, I have seen a lot of applicants, who really have secured some good advise from the experience of other applicants. Could u please any one in the senior members analyse my situation and advise me accordingly. and yes my other team member is still waiting on his decision. The money was held on my name in overseas account. All the documents including business plan have been provided at the time of application. No interview, No query.

@MKD1234, do you have proof that your application was submitted by your solicitor before your visa expired?

[mkd1234]

Yes I do have proof....

[Olasunkanmi]

Yes I do have proof....

@ MKD1234, if you have proof, that mean that your solicitor submitted your application before your visa expired and he is not to be blame.

Your best option is to first explore the reconsideration option by writing a comprehensive reconsideration letter to HO explaining the reason why you think your application was submitted on time before your visa expired and presenting them with all your evidence to support your claim. If HO are satisfy with your explanation and evidence presented, they have no option than to reconsider your application and you can be lucky to get a positive response this time if you can also submit evidence that you have already started trading since you submitted your application.