Failed UK Tier 1 Entrepreneur Visa Application

[benjamin2000]

Hello Everyone,

I really needs you guys advice about this. I applied for UK Tier Entrepreneur Visa in December 2012. I got the decision in May 2013 that my application was unsuccessful. I applied to the First Tier Tribunal, The appeal was heard on January 2014. The judge at the tribunal hearing agreed with UKBA, so the appeal was unsuccessful too.

So I have now completed the Permission to Appeal Form (Form IAFT4) to the Upper Tribunal form. I have decided to re-apply all over again but all the documents I will need to make a successful application will be ready by end of February 2014. I will be here legally for 10 year in September 2014 which will qualify me for Indefinite Leave to Remain.
I don't want to be illegal here. Life is hard enough for those of us who are here legally.

So what I want to ask are the following:
1.) If my permission to appeal to the Upper Tribunal is unsuccessful, can I still apply directly to the Upper Tribunal for permission to appeal using form IAUT? Will it affect my 10 years of continuous residence count?

2.) How long does it take to get a decision about the Permission to Appeal Form (Form IAFT4) to the Upper Tribunal? Am asking because am preparing a fresh application which will be submitted on the last week of February 2014.

3.) If the Permission to Appeal Form (Form IAFT4) to the Upper Tribunal was unsuccessful, can applying directly to the Upper Tribunal for permission to appeal using form IAUT give me more time to get all my documents ready for the the fresh application at the end of February 2014?

4.) Does all these going and comings (Application, refusal, appeal hearings and fresh application) affect my 10 years count of legal continuous stay?

I really need you guys help because am tired of paying the lawyers £250 per hour.

[rooney0511]

Check your inbox, sent you a PM.

[tanvir1985th]

the answers are chronologically
1) if the permission is refused from FTT then u can go to UT straightaway for permission and yr legal status will continue
2) its gonna take 2-4 weeks to get a decision from UT and even another 2-4 weeks from FTT to get a decision. so u r getting ample time to prepare yr documents
3)if the permission is refused from UT thats the end of the story and u will exhaust yr appeal right. so there is no more appeal
4) as long as yr appeal procedure is going on yr legal stay will continue so yr 10 years residency wont be affected but once yr appeal right is exhausted and u make a fresh application then u become a over stayer unless u get approval on yr 2nd application. if u get approval then yr 10 years isnt affected but if u dont then its broken and game is over. but make sure after refusal from UTT u must apply within 28 days and make sure yr application doesnt come back as invalid.

all information above is true and from my personal experience. hope u will be helped by them

[Olasunkanmi]

Upper Tribunal is not the last stage of an appeal process, you can go to Court of Appeal or Court of Session after Upper Tribunal refusal;

Check; http://www.justice.gov.uk/tribunals/imm ... er/appeals

1st stage - Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal (Forms IAFT– 4)


The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than five working days after the date the decision was served on you. (The time limit is 28 days if you are outside the UK and 2 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal.


2nd stage - Applying to the Upper Tribunal for Permission to Appeal to the Upper Tribunal (Forms IAUT–1)

Following a refusal of permission by the First-tier Tribunal, a further application for permission to appeal can be made to the Upper Tribunal itself. It is not possible to make an application for permission to the Upper Tribunal without having been refused permission by the First-tier Tribunal. Form IAUT -1 should be completed and lodged with the Upper Tribunal no later than seven working days after the date on which the First-tier Tribunal’s refusal of permission was sent to you. (The time limit is 56 days if you are outside the UK and 4 working days if the case is a fast-track case).

3rd stage - Applying to the Upper Tribunal for Permission to appeal to the Court of Appeal or the Court of Session

You cannot apply direct to the Court of Appeal or the Court of Session unless you have already applied to the Upper Tribunal and been refused. There is no prescribed form for making this application to the Upper Tribunal (the position is, however, different if you are applying to the Court of Appeal/Session because you have been refused permission by the Upper Tribunal – please contact the Court of Appeal/Session for details – see addresses below).

Applications to the Upper Tribunal for permission to appeal to the Court of Appeal/Session must be made in writing identifying the alleged error or errors of law and stating the result you ask for within the relevant time limit set out in rule 44 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (see Rules legislation’ practice directions and statements and UTIAC Presidential guidance).

4th stage - Appeals to the appropriate court where the Upper Tribunal has granted permission to appeal

Please note the instructions on the notice you have received with your decision.

Where permission to appeal has been granted by the Upper Tribunal the appeal must be lodged with the appropriate appellate court in accordance with the procedures set out below.


Applying direct to the Court of Appeal or the Court of Session for permission to appeal

An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Last stages

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

Court of Session

An application to the Court of Session must be made using Form 40.2

[tanvir1985th]

Upper Tribunal is not the last stage of an appeal process, you can go to Court of Appeal or Court of Session after Upper Tribunal refusal;

Check; http://www.justice.gov.uk/tribunals/imm ... er/appeals

1st stage - Applying to the First-tier Tribunal for Permission to Appeal to the Upper Tribunal (Forms IAFT– 4)


The First-tier Tribunal will provide a copy of the First-tier Permission Application form with promulgated decisions as appropriate. This form should be completed and lodged with the Tribunal no later than five working days after the date the decision was served on you. (The time limit is 28 days if you are outside the UK and 2 working days if the case is a fast-track case). The application will be considered by a Judge of the First-tier Tribunal, who will decide whether to grant permission to appeal to the Upper Tribunal.


2nd stage - Applying to the Upper Tribunal for Permission to Appeal to the Upper Tribunal (Forms IAUT–1)

Following a refusal of permission by the First-tier Tribunal, a further application for permission to appeal can be made to the Upper Tribunal itself. It is not possible to make an application for permission to the Upper Tribunal without having been refused permission by the First-tier Tribunal. Form IAUT -1 should be completed and lodged with the Upper Tribunal no later than seven working days after the date on which the First-tier Tribunal’s refusal of permission was sent to you. (The time limit is 56 days if you are outside the UK and 4 working days if the case is a fast-track case).

3rd stage - Applying to the Upper Tribunal for Permission to appeal to the Court of Appeal or the Court of Session

You cannot apply direct to the Court of Appeal or the Court of Session unless you have already applied to the Upper Tribunal and been refused. There is no prescribed form for making this application to the Upper Tribunal (the position is, however, different if you are applying to the Court of Appeal/Session because you have been refused permission by the Upper Tribunal – please contact the Court of Appeal/Session for details – see addresses below).

Applications to the Upper Tribunal for permission to appeal to the Court of Appeal/Session must be made in writing identifying the alleged error or errors of law and stating the result you ask for within the relevant time limit set out in rule 44 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (see Rules legislation’ practice directions and statements and UTIAC Presidential guidance).

4th stage - Appeals to the appropriate court where the Upper Tribunal has granted permission to appeal

Please note the instructions on the notice you have received with your decision.

Where permission to appeal has been granted by the Upper Tribunal the appeal must be lodged with the appropriate appellate court in accordance with the procedures set out below.


Applying direct to the Court of Appeal or the Court of Session for permission to appeal

An application can only be made direct to the appropriate appellate court after first being refused or granted permission to appeal by the Upper Tribunal.

Last stages

Court of Appeal

An application to the Court of Appeal must be made using form N161, and must be made within 28 days of service of the decision of the Upper Tribunal refusing or granting permission to appeal.

Court of Session

An application to the Court of Session must be made using Form 40.2

dear Olasunkanmi, i totally agree with u regarding court of appeal/session appeal. but the main query was whether that will extend his leave under section 3c or not. court of appeal/session appeal does not extend the stay under section 3c unless appeal right is given therefore refusal from UT is total exhaustion of appeal right. even that is mentioned in the UT refusal letter as well

[benjamin2000]

Check your inbox, sent you a PM.

@rooney0511, I couldn't read your message because according to the site settings (immigrationboards.com), I have only just registered. I need to participate more before I can use the private message feature.

Thanks
Ben

[benjamin2000]

the answers are chronologically
1) if the permission is refused from FTT then u can go to UT straightaway for permission and yr legal status will continue
2) its gonna take 2-4 weeks to get a decision from UT and even another 2-4 weeks from FTT to get a decision. so u r getting ample time to prepare yr documents
3)if the permission is refused from UT thats the end of the story and u will exhaust yr appeal right. so there is no more appeal
4) as long as yr appeal procedure is going on yr legal stay will continue so yr 10 years residency wont be affected but once yr appeal right is exhausted and u make a fresh application then u become a over stayer unless u get approval on yr 2nd application. if u get approval then yr 10 years isnt affected but if u dont then its broken and game is over. but make sure after refusal from UTT u must apply within 28 days and make sure yr application doesnt come back as invalid.

all information above is true and from my personal experience. hope u will be helped by them

@tanvir1985th Thanks for your well presented answer. I think I have got enough time to submit a fresh application. But one thing I want to clarify is this statement "make sure yr application doesnt come back as invalid". Were you referring to Upper Tribunal, First Tier Tribunal or the fresh application that am about to submit?

Thanks
Ben

[benjamin2000]

@Olasunkanmi, Thanks for your reply. I know that must have taken a lot of your time to write it. Hopefully it won't drag on that long. This whole thing is mentally stressful and exhausting.

[tanvir1985th]

the answers are chronologically
1) if the permission is refused from FTT then u can go to UT straightaway for permission and yr legal status will continue
2) its gonna take 2-4 weeks to get a decision from UT and even another 2-4 weeks from FTT to get a decision. so u r getting ample time to prepare yr documents
3)if the permission is refused from UT thats the end of the story and u will exhaust yr appeal right. so there is no more appeal
4) as long as yr appeal procedure is going on yr legal stay will continue so yr 10 years residency wont be affected but once yr appeal right is exhausted and u make a fresh application then u become a over stayer unless u get approval on yr 2nd application. if u get approval then yr 10 years isnt affected but if u dont then its broken and game is over. but make sure after refusal from UTT u must apply within 28 days and make sure yr application doesnt come back as invalid.

all information above is true and from my personal experience. hope u will be helped by them

@tanvir1985th Thanks for your well presented answer. I think I have got enough time to submit a fresh application. But one thing I want to clarify is this statement "make sure yr application doesnt come back as invalid". Were you referring to Upper Tribunal, First Tier Tribunal or the fresh application that am about to submit?

Thanks
Ben

fresh application

[benjamin2000]

the answers are chronologically
1) if the permission is refused from FTT then u can go to UT straightaway for permission and yr legal status will continue
2) its gonna take 2-4 weeks to get a decision from UT and even another 2-4 weeks from FTT to get a decision. so u r getting ample time to prepare yr documents
3)if the permission is refused from UT thats the end of the story and u will exhaust yr appeal right. so there is no more appeal
4) as long as yr appeal procedure is going on yr legal stay will continue so yr 10 years residency wont be affected but once yr appeal right is exhausted and u make a fresh application then u become a over stayer unless u get approval on yr 2nd application. if u get approval then yr 10 years isnt affected but if u dont then its broken and game is over. but make sure after refusal from UTT u must apply within 28 days and make sure yr application doesnt come back as invalid.

all information above is true and from my personal experience. hope u will be helped by them

@tanvir1985th Thanks for your well presented answer. I think I have got enough time to submit a fresh application. But one thing I want to clarify is this statement "make sure yr application doesnt come back as invalid". Were you referring to Upper Tribunal, First Tier Tribunal or the fresh application that am about to submit?

Thanks
Ben

fresh application

OK. Thanks. I will make sure that doesn't happen. But just for the sake of it. What reasons can UKBA use to make an application invalid?

[tanvir1985th]

old photo or not following photo guideline, payment can't be taken( thats why i always prefer postal order or banker's draft), important info missing such as criminal conviction, name, date of birth, not signing or dating the form etc

[benjamin2000]

old photo or not following photo guideline, payment can't be taken( thats why i always prefer postal order or banker's draft), important info missing such as criminal conviction, name, date of birth, not signing or dating the form etc

OK. Thanks. I will make sure that never happen.

[benjamin2000]

old photo or not following photo guideline, payment can't be taken( thats why i always prefer postal order or banker's draft), important info missing such as criminal conviction, name, date of birth, not signing or dating the form etc

I more thing I need to ask. What happens when for example you submit your fresh application on the 28th of February 2014 and the decision from applying "directly to the Upper Tribunal for Permission to Appeal using form IAUT gets to you on the same 28th of Feb (In the afternoon after submission of the fresh application) and its unsuccessful. Does the fact that you have already submitted the form using a guarantee next delivery service or courier makes any difference?

And what happens if your receive the unsuccessful decision on the 3rd of March for example? Sorry to disturb you. I know this thing can get really complex.

[tanvir1985th]

if u receive the decision on that day and apply on that day then its fine. remember u can't apply a fresh application unless there is no appeal or u have exhausted yr appeal right. even if both happens on the same day still its fine.

[Olasunkanmi]

@ benjamin2000, you should make sure you give notice of appeal withdrawal before submitting a fresh application as not doing so will automatically make your fresh application invalid because you cannot submit a fresh application unless appeal is concluded or withdrawn.
Appeal withdrawal can be done on hearing day or by sending them a written notice of appeal withdrawal, so you can send a notice of appeal withdrawal whenever your documents for fresh application is ready by next day recorded post and submit a fresh application on the same day you expect the tribunal to receive your notice of appeal withdrawal. Or you can wait for tribunal decision before submitting your fresh application.

[Akhalique85]

hello guys
i got the similar case my appeal is been refused in december and i applied for permission for upper tribunal and my permission refused and i applied again and the 2nd one is refused as well now i need your advice that can i apply for a new application or what else i can do please advice?

many thanks

[Olasunkanmi]

hello guys
i got the similar case my appeal is been refused in december and i applied for permission for upper tribunal and my permission refused and i applied again and the 2nd one is refused as well now i need your advice that can i apply for a new application or what else i can do please advice?

many thanks

@ Akhalique85, what is your refusal reason/s. When you mean second permission, did you mean your Appeal to the upper tribunal?

[Akhalique85]

hello guys
i got the similar case my appeal is been refused in december and i applied for permission for upper tribunal and my permission refused and i applied again and the 2nd one is refused as well now i need your advice that can i apply for a new application or what else i can do please advice?

many thanks

@ Akhalique85, what is your refusal reason/s. When you mean second permission, did you mean your Appeal to the upper tribunal?

the refusal is because of i dont have regulated body name on my bank letter and there is some error in my business contract , i mean permission from upper tribunal and that is for 2nd time the first one refused last month , now i dont know what are the chances fo me to apply for a fresh application or i go for the judical review, m confused.

[Olasunkanmi]

@ Akhalique85,

''the refusal is because of i dont have regulated body name on my bank letter and there is some error in my business contract , i mean permission from upper tribunal and that is for 2nd time the first one refused last month , now i dont know what are the chances fo me to apply for a fresh application or i go for the judical review, m confused.''

You don't seem to state fully what error you had on your contract or which bank you used.
But, if you are satisfied that the mistake is something very obvious, then it might save time submitting a fresh application and correcting all the mistake in the first application as you wont get appeal right for a fresh application but you can go for JR.

[Akhalique85]

@ Akhalique85,

''the refusal is because of i dont have regulated body name on my bank letter and there is some error in my business contract , i mean permission from upper tribunal and that is for 2nd time the first one refused last month , now i dont know what are the chances fo me to apply for a fresh application or i go for the judical review, m confused.''

You don't seem to state fully what error you had on your contract or which bank you used.
But, if you are satisfied that the mistake is something very obvious, then it might save time submitting a fresh application and correcting all the mistake in the first application as you wont get appeal right for a fresh application but you can go for JR.

thanks for your reply basically the bank is from pakistan and the contact error was is that i didnt provide the full information of my business now i have everything ready for a fresh application but my lawyer is saying as i exhuasted all my rights to appeal right now i can not apply for a fresh application i have to go through JR and then i can make a Fresh application i am confused so i need some suggestions and it would be highly appreciated if you telme, if i made a fresh application will home office make it void because i have lost all the appeals and if i go for JR will it be alright for me to make fresh application after JR or i can make fresh application right now without JR?

many thanks to you Olasunkanmi

[Olasunkanmi]

@ Akhalique85, you can submit a fresh application if the last refusal letter from the tribunal is not more than 28days but you wont get appeal right if refused again but you can go for JR.

[benjamin2000]

@ benjamin2000, you should make sure you give notice of appeal withdrawal before submitting a fresh application as not doing so will automatically make your fresh application invalid because you cannot submit a fresh application unless appeal is concluded or withdrawn.
Appeal withdrawal can be done on hearing day or by sending them a written notice of appeal withdrawal, so you can send a notice of appeal withdrawal whenever your documents for fresh application is ready by next day recorded post and submit a fresh application on the same day you expect the tribunal to receive your notice of appeal withdrawal. Or you can wait for tribunal decision before submitting your fresh application.

@Olasunkanmi, thanks for that vital information. So I can post my appeal withdrawal notice letter on Friday (21st Feb 14) and submit my fresh application on Monday (24th Feb 2014)? I just want to ask, what about the documents I submitted with the previous application? Especially the international passport? I need the international passport for my visa.
Thanks for all your valued information so far. Really appreciate it.