reapplying after withdrawing appeal

[david justin]

i have an ongoing appeal. I want to withdraw this appeal and go back to Nigeria to reapply within 28days of withdrawing my appeal. do you think this would pose a problem when replying from Nigeria. would they say I am an overstayer even if I leave within 28days.

[Olasunkanmi]

i have an ongoing appeal. I want to withdraw this appeal and go back to Nigeria to reapply within 28days of withdrawing my appeal. do you think this would pose a problem when replying from Nigeria. would they say I am an overstayer even if I leave within 28days.

@ David, what is your appeal about? Type of visa and refusal reasons?
Technically, you might be able to re-apply here depending on what actually happen to your previous application.

If you then decide to go back to your home country to re-apply, then your previous immigration history will always be consider when your application is treated.

[david justin]

I applied for tier 1 entrepreneur visa last year from tier 4 and I was refused this year april although I didn't know until june. I then lodged a compliant and ukba rectified it. I was granted appeal last week. I was refused based on third party bank statement. I was awarded no points although it is still the same sponsor's bank statement am using to make my new application.

[david justin]

Hi,any suggestions please regarding my situation. I have been stuck in this country for over 1year without movement and no work. Am asking could I go back and apply from abroad since its faster from abroad and besides I can only apply from abroad thru the 200k route.
Thank you

[vinny]

Your leave is 'treated as continuing' under Section 3C/3D, until you withdraw your appeal. If you depart within 90 days, then you should not be refused under 320(7B).

[david justin]

@vinny.
Thank you very much

[Olasunkanmi]

Hi,any suggestions please regarding my situation. I have been stuck in this country for over 1year without movement and no work. Am asking could I go back and apply from abroad since its faster from abroad and besides I can only apply from abroad thru the 200k route.
Thank you

@ David, you should try and see if your appeal has a good chance of success as withdrawing an appeal without sorting out the underlying reasons of refusal could make the issue come up again during a fresh application.

Try to consult professionals to see if your appeal has a high chance of success.

[david justin]

@olasunkanmi
Thanks for your response.
the reason for the refusal was the bank statement. i didnt get any points there although the bank statement from uk had over 200k in it. Maybe they didnt see it.
i know i have a good chance with appeal but i cant continue waiting till next year for the appeal to be heard.
i have new third party bank statement with third party declaration from my previous sponsor although the bank manager refused to give bank letter stating that it was against the bank's policy. He only stamped it,signed and put his telephone number on the bank statement.
i think the application would be faster from abroad.
do you by any chance know the processing time from nigeria.

[Olasunkanmi]

@olasunkanmi
Thanks for your response.
the reason for the refusal was the bank statement. i didnt get any points there although the bank statement from uk had over 200k in it. Maybe they didnt see it.
i know i have a good chance with appeal but i cant continue waiting till next year for the appeal to be heard.
i have new third party bank statement with third party declaration from my previous sponsor although the bank manager refused to give bank letter stating that it was against the bank's policy. He only stamped it,signed and put his telephone number on the bank statement.
i think the application would be faster from abroad.
do you by any chance know the processing time from nigeria.

@ David, I have no idea about the processing time in Nigeria. But I guess it shouldn't b as slow as UK applications are.
I wish you the best of luck man and don't forget to keep us updated about any development on the case.

[david justin]

Do you think not submitting bank letter will pose a problem

[Olasunkanmi]

Do you think not submitting bank letter will pose a problem

@ David, what bank letter do you mean? Do you mean a bank letter stating your name on third party account as no bank give such letter.

[david justin]

@ olasunkanmi
yes thats the bank letter

[david justin]

@ olasunkanmi
yes thats the bank letter

[Olasunkanmi]

@ olasunkanmi
yes thats the bank letter

@ David, No bank issue such letters if you are not named on the account. The third party should get you a recent bank statement with the funds and also a letter from the bank confirming that the third party is the account holder and that the money can be transfer to the UK.
Other documents required from third party sponsors are stated in section 99 & 100 of the policy guidance;

Additional evidence for third-party funding
99. You should use this for your initial application under sections a; b; c and d (see the
attributes table for initial applicants) if you are relying on money made available from someone
else. If you are applying using money from a third party you must provide a declaration from
each third party together with a declaration from one or more legal representatives.
100. Third parties (other contributors of money) may include family members, as well as other
investors or corporate bodies. If you are relying on third-party funding, you must also supply
each of the following documents:
i. A declaration from every third party that they have made the money available for you to
invest in a business in the United Kingdom
This declaration must be an original document and not a copy. It must contain:
• the names of the third party and your name (and your team member’s name if you have
formed an entrepreneurial team);
• the date of the declaration;
• your signature and the signature of the third party (where you have formed an
entrepreneurial team, you and your team member must both sign);
• the amount of money available to you from the third party in pounds sterling;
• a confirmation that the money will remain available to you until it is transferred to you or
your business;
• the relationship(s) of the third party to you.
• For a Venture Capital firm only, confirmation of whether this body is an FCA-registered
venture capital firm, in the form of a document confirming the award and the amount of
money, and including the FCA registration number that the firm’s permission to operate as
a Venture Capital firm is listed as permitted under, and/or
• For a UK entrepreneurial seed funding competition only, a document confirming that you
have been awarded money and that the competition is listed as endorsed on the UK Trade
& Investment website, together with the amount of the award and naming you as a winner,
and/or
• For a UK Government Department or Devolved Government Department, a document
confirming that it has made money available to you for the specific purpose of establishing
or expanding a UK business, and the amount.
You must be able to have access to and dispose of the money freely in the UK. Where you are
part of an entrepreneurial team sharing investment funds both entrepreneurs must have equal
access to, and be able to dispose of, the money in the UK.
A template is included in Annex E for the convenience of applicants who wish to use it (document
2).
In addition you must also provide
ii) A letter from a legal representative confirming the validity of signatures on each third-party
declaration provided.
This must confirm that the declaration from the third party contains the signatures of the people
Tier 1 (Entrepreneur) Policy Guidance version 07/2013 Page 21 of 54
stated. It can be a single letter covering all third-party permissions, or several letters from several
legal representatives. It must be an original letter and not a copy, and it must be from a legal
representative permitted to practise in the country where the third party or the money is.
The letter must clearly show the following:
• the name of the legal representative confirming the details;
• the registration or authority of the legal representative to practise legally in the country in
which the permission or permissions was/were given;
• the date of the confirmation letter;
• your name (and your entrepreneurial team member’s name if appropriate) and third
party’s name;
• that the declaration from the third party is signed and valid;
• For individuals who are third party donors only, the number of the third party’s identity
document (for example a passport or national identity card), the place of issue and
dates of issue and expiry. This is not needed from a Venture Capital firm, Seed funding
competition or UK Government Department or Devolved Government Department in
Scotland, Wales or Northern Ireland.

[david justin]

@olasunkanmi
Thank you for your quick and detailed response.
My third party sponsor's bank manager refused to write any letter.
He refused ,saying that the bank statement with the stamp and his signature and phone number on it should suffix.
Regards

[Olasunkanmi]

@olasunkanmi
Thank you for your quick and detailed response.
My third party sponsor's bank manager refused to write any letter.
He refused ,saying that the bank statement with the stamp and his signature and phone number on it should suffix.
Regards

@ David, which bank is that as some UK bank give account holder letter confirming they have the fund in the account.

[david justin]

Lloyd's tsb

[Olasunkanmi]

Lloyd's tsb

@ David, one of my friend got the same letter from Lloyds, they usually say they don't issue such letters, but you need to ask your third party sponsor to be persistent and they should be able to issue it. Or you can ask third party to call Lloyds head-Office and request for the letter as their normal answers is usually ''we don't issue such letters at the branch anymore''.

[Lola22]

Hello david justin,

I know that waiting is a pain. Please, if what you want to travel for is not too important, I will advice you to wait till you win your appeal.

Did you submit just the bank account statement for your initial application? Bank statement, no bank letter or is it that your name was not mentioned in the letter.

[david justin]

@lola 22,
there was no bank letter whatsoever. bank did not issue any letter. i have been in uk for the past 1 year and 3months without working. i was concentrating on my studies. now to wait again till March 2014 for the hearing?
i wonder how i am going to survive.
Do you envisage problems if i go and apply outside the country?
regards
david

[Lola22]

David, stay and wait for your appeal. You will survive. Not submitting bank letter is different from third party name missing on bank letter. Missing name is easier to challenge. You will have a better chance to argue your case here. I hope you have gotten a good solicitor.

To survive, make more research on your business or any other business opportunities, learn new skills or improve your skills, cut yr expenses and move in with family or friends for a while if you are paying house rent.

I wish you the very best.

[itk]

David,
I understand your plight, I feel your pain and trauma because I am in the same shoes as yourself. I haven't been working for close to a year now but it has been the grace of God. Please as Lola has said if what you are going for in your country is not as important as this one you are here for, I rather you stay put and wait. There is reward in waiting only when you are able to muster the courage to wait. You never can say, things could change when you get back to Nigeria, your sponsor could change his mind, policy could change, those you are hoping on could decide to turn there back on you, what will you then do?... had I know you would say.
Do you believe in the God of impossibility? the one that has the heart of Kings in His hand, the one who is able to turn the hearts of the Judges and the HO representatives to favour you in your appeal. If He has made your case to be rectify He can also make you a victor in your appeal.
Please if you haven't got so urgent thing to go down for in your country please stay put and wait for your appeal. I am believing for you that you will win your appeal.

[david justin]

Hi,
Finally my appeal has been dismissed. received letter on the 6th of Febuary,2014.
I don't intend to appeal to upper tribunal.
What is the time frame to legally leave the country to apply out of the country
What documents would be required to apply out of the country
Thank you
regards

[david justin]

any replies please

[david justin]

Hello everyone,
I applied in October 2012 from tier 4- 200k route and I was refused in April 2013 although I didn't know about it till June when I recieved a letter from capital. Anyway I called UKBA and a duplicate copy was sent in July 2013. I appealed the case. Refusal was third party bank statement not included.
My appeal was dismissed on the 6th of Febuary, 2014.

I need to go back to Nigeria to lodge in a fresh tier 1 enterpreneur application.
Do I have to leave within 28 days of getting the decision letter?
What extra documents would I be needing for an out of country application.
I already have a thriving buisness back home which I want to bring to uk
Your contributions will be highly appreciated

Regards