Appeal in two days

[smohmor]

Hi, My wife and I applied as team members and we both got refused in April.Our appeal is in two days. Do any of you know if we will be asked question together or separately? Also do we get a decision in the same day or it will be posted to us?

One other thing is that I have seen in the forum that some guys after their appeal were accepted by the judge, they say they are now waiting for their BRP and documents, does it mean that if the judge accepts the appeal then the UKBA will issue the visa and will not look at the application again!!?

Your answers will be much appreciated, Thank you

[Mr Legal]

Hi, My wife and I applied as team members and we both got refused in April.Our appeal is in two days. Do any of you know if we will be asked question together or separately? Also do we get a decision in the same day or it will be posted to us?

One other thing is that I have seen in the forum that some guys after their appeal were accepted by the judge, they say they are now waiting for their BRP and documents, does it mean that if the judge accepts the appeal then the UKBA will issue the visa and will not look at the application again!!?

Your answers will be much appreciated, Thank you

The judge may and may not announce the decision on spot but you will receive the decision within 10 days in post. The proceeding may be conducted separately depending on the nature of your refusal's issues.Once the court allows your appeal and the HOme Office don't want to go in further appeal against that decision,they will process your allowed appeal for visa /BRP.

[Extension2013]

Hi, My wife and I applied as team members and we both got refused in April.Our appeal is in two days. Do any of you know if we will be asked question together or separately? Also do we get a decision in the same day or it will be posted to us?

One other thing is that I have seen in the forum that some guys after their appeal were accepted by the judge, they say they are now waiting for their BRP and documents, does it mean that if the judge accepts the appeal then the UKBA will issue the visa and will not look at the application again!!?

Your answers will be much appreciated, Thank you

Good luck with your appeal.What is the reasons of your refusal and could you please update the forum once you have had experience of your hearing in the court and the later decision of the court please.

[Olasunkanmi]

Hi, My wife and I applied as team members and we both got refused in April.Our appeal is in two days. Do any of you know if we will be asked question together or separately? Also do we get a decision in the same day or it will be posted to us?

One other thing is that I have seen in the forum that some guys after their appeal were accepted by the judge, they say they are now waiting for their BRP and documents, does it mean that if the judge accepts the appeal then the UKBA will issue the visa and will not look at the application again!!?

Your answers will be much appreciated, Thank you

You and your wife application are separate applications and your appeal will be heard separately. The only thing that bring both of you together is the issue of fund. You are both allowed to use the same fund in an entrepreneur team application as evidence of available fund to invest, but both of you still have separate case to proof base on your individual circumstances. Mind you that there have been instances of one team member getting approved and the other team member getting refused. The team member that got approved will still need to proof investment of the full fund claimed when renewing if the other refused member fail to win appeal.

[smohmor]

Thank you all for your replies.

The fund in our application was half from each of us, the refusal were that third party name (in our case my wife's name and me for her's) is not in the bank letter, and we did not submit a declaration from a legal representative that our signatures are valid, because at the time of application we simply did not consider that we are both third parties to each other application.

The other reason is the language that is a mistake from the home office. because we both studied for our BSc and MSc in UK and we sent our transcripts with the application and the refusal was why there is not the official degree certificate while they themselves mention in the guidelines that if the degree certificate is not available at the time of application you can send the official transcript and even in our transcripts it confirms our degree too, and we have switched from Tier 4 student visa so if was apparent we met the requirements for English Language. All and all, they could ask for it by if they were not sure, which comes under evidential flexibility , but I guess they didnot bother.

We could only hope that it will be solved as we have put a long of time and energy for this case.

[gulrose786]

Thank you all for your replies.

The fund in our application was half from each of us, the refusal were that third party name (in our case my wife's name and me for her's) is not in the bank letter, and we did not submit a declaration from a legal representative that our signatures are valid, because at the time of application we simply did not consider that we are both third parties to each other application.

The other reason is the language that is a mistake from the home office. because we both studied for our BSc and MSc in UK and we sent our transcripts with the application and the refusal was why there is not the official degree certificate while they themselves mention in the guidelines that if the degree certificate is not available at the time of application you can send the official transcript and even in our transcripts it confirms our degree too, and we have switched from Tier 4 student visa so if was apparent we met the requirements for English Language. All and all, they could ask for it by if they were not sure, which comes under evidential flexibility , but I guess they didnot bother.

We could only hope that it will be solved as we have put a long of time and energy for this case.

me and my partner have been refused on same basis when even we signed declaration letters(stamped by solicitor) as well. we have appealed as well and hearing is next month. 1st thing case worker must contact with you if a document is missing under flexibility of information law. 2nd you guys should get ready your declaration letter signed by you and yor partner that you are willing to share your money. as per previous judgements judges are accepting the appeals because in uk banks dont issue such letter so dont worry about that.get ready what is missing if they ask you about declaration letters.

[smohmor]

Hi, our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful. A refusal point was that why the degree certificate was not sent (we sent the original degree transcripts) , now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Please let me know if you know.

Thank you

[softwareluv]

Hi, our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful. A refusal point was that why the degree certificate was not sent (we sent the original degree transcripts) , now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Please let me know if you know.

Thank you

Hi, Could you please tell me how much did your lawyer charged for appeal.

Regards
Raj

[qkiyani]

Hi, our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful. A refusal point was that why the degree certificate was not sent (we sent the original degree transcripts) , now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Please let me know if you know.

Thank you

hi,
first of all congrat for appeal allowed... my question is what did they ask about funds??? bcaz u mentioned both of u had 25k each in ur personal accounts n how do u prove that both of u hav access to 50k???
ur answers will help others thanx...

[searoze]

our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful.

Another story of success many congratulations

now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Do not send any thing unless you asked to do so

[serb24]

Hi, our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful. A refusal point was that why the degree certificate was not sent (we sent the original degree transcripts) , now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Please let me know if you know.

Thank you

Congratulations on ur appeal allowed.

Pls answer to the below questions.
1) Was the appeal happened together or seperately?
2) any questions during appeal?
3) Have u provided new bank statement to the judge?
4) did u provide new legal representative letter?
5) how long did the appeal process occur?

Also pls update further.

Regards.

[serb24]

Hi, our appeal was allowed by the judge yesterday and the HO representative also said the refusal was unlawful. A refusal point was that why the degree certificate was not sent (we sent the original degree transcripts) , now I am not sure if we should send our certificates to the home office or will they ask about it if they require updated documents?

Please let me know if you know.

Thank you

Congratulations on ur appeal allowed.

Pls answer to the below questions.
1) Was the appeal happened together or seperately?
2) any questions during appeal?
3) Have u provided new bank statement to the judge?
4) did u provide new legal representative letter?
5) how long did the appeal process occur?

Also pls update further.

Regards.

[smohmor]

Dear everyone, please reply to my question if you know the answer or have any suggestion. We have not submitted any new documents to judge, now that our appeal is allowed should we send any documents to the HO or just wait ? please reply to my question .

Thank you

[babylondoner]

Dear everyone, please reply to my question if you know the answer or have any suggestion. We have not submitted any new documents to judge, now that our appeal is allowed should we send any documents to the HO or just wait ? please reply to my question .

Thank you

congrats

you DO NOT need to send anything to anyone.

just relax and wait. if the HO decides not to challenge the decision, relax and wait for you BRP to arrive.

[Olasunkanmi]

Dear everyone, please reply to my question if you know the answer or have any suggestion. We have not submitted any new documents to judge, now that our appeal is allowed should we send any documents to the HO or just wait ? please reply to my question .

Thank you

@Smohmor, can u let the forum members know if your appeal was treated separately or together.

And as babylondoner has said, you should relax and wait for your BRP and passport if the HO decide not to appeal the judge decision.

[smohmor]

Dear everyone, please reply to my question if you know the answer or have any suggestion. We have not submitted any new documents to judge, now that our appeal is allowed should we send any documents to the HO or just wait ? please reply to my question .

Thank you

@Smohmor, can u let the forum members know if your appeal was treated separately or together.

And as babylondoner has said, you should relax and wait for your BRP and passport if the HO decide not to appeal the judge decision.

Our appeal was heard together, and we didnot have to say anything, it only took 10 mins and the judge heard the barrister and the HO didnot defend anything just said they have some documents not accordance with the requirements and the judge said ''well according to evidential flexibility you could have asked them for it'' which the HO then replied yes, the decision is wrong, so the judge allowed our appeal. Our solicitor said they may ask for an update of documents but some guys here agree that the BRP will be issued after appeal allowed, There is not much experienced cases of what will really happen after appeal allowed and how long it may take for anything. We r just waiting now.