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Tier 1 (Entrepreneur) visa fresh Upper Tribunal Reported Case.

Shebl (Entrepreneur: proof of contracts) [2014] UKUT 216 (IAC)

 

Finally the Upper Tribunal has laid down it first reported decision in an Tier 1(Entrepreneur) appeal. the Upper Tribunal held that the requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such contracts to be evidenced in documentary form. Relying on this case, we at Ikon have recently argued before the Tribunal that the failure to submit another mandatory documents like CT41G, Current Appointment Report, Advertisements and/or Marketing materials, HMRC documents, Letter from the Legal Representative, Third Party Declarations etc. etc, not necessarily give the Home Office a right to refuse the applicants' Tier 1(entrepreneur) Applications if the Applicant has submitted any other alternative evidence to prove that the existence of the Specified Documents in the Appendix A of the Immigration Rules.

 

If you are not sure and need help with your application or your appeal, our expert immigration solicitors will be more than happy to offer expert advice and support and can be contacted on 0121-327 6927 or 07977700137 and ask for Mr. khan who is expert immigration lawyer and have successfully represented clients in Tier 1 (entrepreneur) appeals. Alternatively, contact us by email at mail@ikonlaw.co.uk or visit our website now for further information and clients testimonials.

http://www.bailii.org/uk/cases/UKUT/IAC/2014/[2014]_UKUT_216_iac.pdf

 

 

Good News.... Tier 1 (Entrepreneur) Appeal Allowed.

 

(Last updated on 03/12/2013)

 

Ikon Law is proud to announce that today we received the Tribunal decision allowing our client’s Tier 1 (Entrepreneur) Appeal. Our client’s Tier 1 (Entrepreneur) Appeal was allowed by the Tribunal by finding the Home Office “failed to follow the requirement of Para 245AA and the [flexibility policy and the guidelines of Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC) ”

 

We believe there are a lot of hard days ahead for the Home Office by not dealing with the Tier 1 (Entrepreneur) Applications properly. The Tribunal agreed with our argument that the Home Office has failed to follow it own flexibility policy and the guidelines of Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC) and para 245AA of the Immigration Rules. The Tribunal also agreed with our argument that Home Office has breached the Public Law Principal by failing to follow it own policy and by failing to write to the client that aspecifid documents under para 41-SD, for example,  contract, bank letter, marketing material etc were not complying with the Immigration Rules.

 

 

Legacy Cases Update - June 2013 AZ[2013] UKUT 00270

 

In a recent UT case the Tribunal found that:

 

Where an appellant in an asylum appeal had previously been informed that his case is being considered as a ‘legacy case’ but no decision under the process had been made, a subsequent immigration decision following a rejection by the Secretary of State of his asylum claim is not rendered unlawful by reason of the failure to make a decision under the legacy process.

 

There is no obligation on a Tribunal to adjourn an asylum appeal so as to allow for a decision to be made under the legacy process.

 

 

Tier 1 Entrepreneur update - June 2013: Appeals, Adminstrative Reviews and Judicial Reviews.

 

There is currently no reported case in this respect. We are currently deling with Tier 1 (E) application that have been refused by the UKBA on different grounds. We believe that these appeal can be won  in the Immigration Tribunal  on the ground that UKBA refusal are unlawful due to not following its own written policy in this respect.

 

Unfortunately, some clients, and understandably so, choose to prepare their tier 1 entrepreneur visa applications either themselves or with the help of friends. As the rules and requirements for tier 1 entrepreneur visa application are complex and extensive, despite succeeding to establish access to the required funds, some time the applicant fails to comply with crucial requirements, for example:

 

•Failing to sign the declaration from all parties, including not only the investors but most importantly, all the applicants as well.

 

•Failing to keep the advertisement live until the decision by the UKBA or failing to include all the relevant information in the advertisement like names of the applicants, emails or other contact details.

 

•Failing to include some crucial documents like letter from the bank, business plan or declaration etc

 

•Failing to provide some of the mandatory documents

 

The above are some examples taken from recent cases that we are dealing with and have challenged the refusal in the Immigration Tribunals.

 

If your tier 1 entrepreneur visa application has been refused, there is no need to panic as our expert Immigration Solicitors are here to help and provide you with the advice and support your need in preparing and filing of your tier 1 entrepreneur appeal.

 

 

 

Good News for Students who applied for a PSW visa and subsequently refused by the UKBA. Today the Upper Tribunal Decided in their favour. Last Updated 12/06/2013

 

The Upper Tribunal has now decided in favour of the students (Khatel and others) and have confirmed that where, in an application for leave as a Post-Study Work Migrant, the obtaining of the academic award needed to gain the requisite points is notified to the Secretary of State after the date when the application was first submitted but before a decision is made on the application, the requirement of Table 10, that the qualification is obtained within 12 months of making the application, is satisfied because the application is a continuing one until a decision upon it has been made.

 

The Tribunal Judge Mr Justice Blake who is also current President of the Immigration Chamber, relying on a previous Court of appeal case AQ (Pakistan) v SSHD [2011] EWCA Civ 833, found that an application for further leave to remain is to be treated as a continuing application, starting with the date when it was first submitted and ending on the date when it is decided:

 

He further found that an appellant is not precluded by section 85(5) of the Nationality, Immigration and Asylum Act 2002 (as amended) from relying in an appeal upon evidence that was notified to the Secretary of State before the date of her decision.

 

Irrespective whether your appeal has been refused at the First Tier Tribunal or the Upper Tribunal, we can help you with winning your case at the High Court guaranteed. Call us now to find out more....

 

 

Good News for those who applied for their PSW visa on ACCA degree.   Last Updated 12/06/2013

 

 

This Judicial Review is about the UKBA refusal decisions on hundreds if not thousands applications for Post Study Work Visas. It is our client case that his ACCA degree satisfies the Appendix A of the Immigration Rules and therefore, his Post Study Work Visa must have granted. UKBA argues that because ACCA is a professional qualification and is not a "UK bachelor degree" and therefore, does not satisfy the requirement of Appendix A of the Immigration Rules.

 

 

Unfortunatly the Upper Tribunal has refused such appeal in Mirza and the High Court follow suit and rejected a similair appeal in Kamran & sayed.

 

BUT DO NOT WORRY HELP IS ON THE WAY....

 

Irrespective your appeal has been refused at the First Tier Tribunal or the Upper Tribunal, we can help you with winning your case at the the Court of Appeal. Call us now to find out more....

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