Had hearing today, Satisfied, but need opinions.

[therock]

Hi Guys!!

I had hearing today, I had only one refusal point "Bank letter doesn't mention my name" - Even though the letter clearly mentions at the top of letter "With regards to application of Mr Me."

The HO barrister started straightaway with cross questions, which had nothing to do with refusal, she started by saying "Why is the third party giving you this money"... I answered "He is my friend and he wanted to invest in this rapidly growing industry (Web Design & Marketing)"... While I was giving the answer, the Judge asked the HO barrister that this point has nothing to do with refusal point, The HO barrister kept asking cross questions, when the judge stopped her the second time, she just kept quiet

Finally, when the HO barrister started talking about the refusal point, My barrister stood up and gave the Judge the letter we provided, and a copy of the Policy Guidance (back in December 2013).. And he asked the Judge, do you see a different in these two?, They are match to match copied and written according to the HO policy guidance, The judge spent a few minutes on looking into the letter and guidance, and then finally asked.... Do you have any more questions,, The HO barrister said "No".

And the judge finally said, She will send the result in writing within 2 weeks.

I have already invested over £15,000+ and got an Employee and paying her £15k salary, I have office, clients, contracts etc and its growing business. Also, I have been in the UK for last 7 years and have two children.

What are your guys opinions? Is this something positive?

I can't start celebrating until I get the "Appeal allowed" letter.

Thanks guys!!

[Olasunkanmi]

@ therock, your appeal is a straightforward case as you had the letter they refused you on, so just relax and wait for your appeal allowed letter.

As for the cross examination questions asked by HO rep, its very normal for them to ask such questions in relation to your application most especially on your trading activities, you are just lucky to come across few judges who don't like Home Office unprofessional behaviours.

[therock]

Thanks Olasunkanmi!! Just one question, Will the judge take into consideration the questions asked by HO barrister or just the refusal point?

[Olasunkanmi]

@ therock, if you and your solicitor think that your answers are satisfactory then the judge will just ignore it and will allow your appeal.

[therock]

Perfect!! Really looking for that nice allowed appeal letter!!

[wow99]

Appeal allowed as far as I can read from what you posted plus ILR as a bonus after 3 years.

[ILR1980]

I also had hearing few days back on same points of refusal that bank letter of third party dont mention our names and dont confirm availability of funds to us instead of third party (account holder). We had argument and counter arguments from boht sides and was watching them like spectators as no question was asked from us. You can not guess what judge will decide until you recieve his decision in post. Judge was busy in writing the argument of boht side. HO rep objected when my barrister told judge to consider my 10 years legal stay which will complete in jan.. I am still nor sure what judge will decide

In your case it seem staight forward as all discussion was only about bank letter which had ur name but home office were blind to not see it so you should be fine

[therock]

Masha Allah.... My appeal has been allowed and the judge has ordered HO to refund the fee!!!!!! Thanks to everyone in the forum for the help!!!! Especially rehan and other senior members!!!

[therock]

I need expert advice on this: At the end the judge has written the following:

"I find that the decision was not in accordance with the law and allow the appeal to the extent that it is remitted back to the Respondent for a full consideration"

Does that mean re-consideration of the case? I have been waiting for over a year for this visa, and really hope to get it soon and dont want to get into re-consideration stuff

Advice would be really appreciated on the above.

Thanks guys!!!

[itk]

First I would like to congratulate you on your appeal. Reconsideration could mean reviewing the whole application , however I think you stand a better chance except that you should be prepared to wait a little further as this reconsideration often takes time. I have been on reconsideration for quite a while now. But one thing is sure the just shall live by his faith. Be patient my friend you will get your BRP for sure.

[therock]

Thanks itk!!! Really appreciate your encouragements. I am happy to wait for a month, but longer than that is going to be a pain!! I want to travel back home for a month as I haven't traveled back for last 3 years.

Also, Is my allowed appeal called "Appeal allowed to limit extent" ?

[qkiyani]

Thanks itk!!! Really appreciate your encouragements. I am happy to wait for a month, but longer than that is going to be a pain!! I want to travel back home for a month as I haven't traveled back for last 3 years.

Also, Is my allowed appeal called "Appeal allowed to limit extent" ?

yes ur appeal is allowed for reconsideration n remitted back to case worker.... here is the link
http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl2/

APL2.23

[summer69]

Thanks itk!!! Really appreciate your encouragements. I am happy to wait for a month, but longer than that is going to be a pain!! I want to travel back home for a month as I haven't traveled back for last 3 years.

Also, Is my allowed appeal called "Appeal allowed to limit extent" ?

yes ur appeal is allowed for reconsideration n remitted back to case worker.... here is the link

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl2/



APL2.23

This link is not relevant in this case. it clearly says "on the handling of appeals lodged outside the United Kingdom" on the top.

And therock I came back to the forum after such a long time and well remembered you and rehan. Happy for you and all the very best!

Cheers!

Thanks

[qkiyani]

@summer
i agree with u.i made a mistake in understanding that its for applicants outside uk.But wat i think appeal procedures should b the same as for applicants outside uk

[pakhtoon77]

Hi everyone,
My visa was refused in early oct 2013. There is just one reason of refusal which looks quite stupid.
they say my services are not mentioned in the contract and therefore HO cannot asses whether the services which I will be providing will be above NVQ level4.
while my services as a business consultant is clearly mentioned in the contract. I applied as a single entrepreneur switching from PSW and had 50k in my uk bank account
waiting for the appeal date .
anyone with similar experience???

[Atif786]

Hi guys i would really appreciate if you can help me with my case
my hearing is approaching

i got a refusal point

1) Current appointment report not submitted instead i have submitted certification of incorporation, share cert and director's conscent letter singed by me , as my lawyer said these documents are more than enough.

2) not submitted contracts, however i did with submit 3 contracts which the case worker probably couldn't see.

i do have the printed copy of online version of Company House report which was printed before submitting the application , and recently i have ordered a hard copy from the Company house by paying them £3.

i am not worried about the second point of refusal, could you please tell me how to defend the 1st point as CAR not submitted, i can out the blame on my previous lawyer he din't submit however i gave him, i have changed the layer as well after refusal.

please help me out.