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First Tribunal Refusal

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Anaz786
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Posts: 25
Joined: Sun Mar 16, 2014 11:07 pm

First Tribunal Refusal

Post by Anaz786 » Tue Oct 21, 2014 10:11 pm

Hi senior members,

I have been refused in the first tribunal on the following basis.

1) When I asked what makes you think you will be successful in consultancy business you said every business has risk involved however I will be trying the best of my abilities to provide better services and will work harder. And you have received 25k from your ancestry sold property back home..keeping in view the joint family system back home I have concerns why are you using family money given to you to invest in a business which you think is risky.

2)your advertisement on website showing your company is a group of professionals however it is only you working in your company so your advertising is misleading clients.

in the end he has written what you have done is created a picture for a little self employment.

Please note I have been trading from last one year or so and money is still in my UK account from more than 1 year.

Please advice if i can expect anything positive from this case in upper tribunal ?

Thanks

Anaz786
Newly Registered
Posts: 25
Joined: Sun Mar 16, 2014 11:07 pm

Re: First Tribunal Refusal

Post by Anaz786 » Wed Oct 22, 2014 9:15 pm

76 Views still no reply ...also to add home office lawyer didn't turn up in my hearing...please help.. thank you

Princess of Ammi
- thin ice -
Posts: 298
Joined: Tue Dec 03, 2013 2:33 pm

Re: First Tribunal Refusal

Post by Princess of Ammi » Wed Oct 22, 2014 9:59 pm

what do you say in your defense? why do you think or say what FTT said is wrong?

if you come up with your arguments its easy to see the situation through your eyes
thanks,

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Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: First Tribunal Refusal

Post by Rockey » Wed Oct 22, 2014 10:11 pm

Sorry to hear about your refusal ..

One thing i can only add that if you got good lawyer who can argue your case, because there is no point of rejecting in that way that you group of people showing in your advertsement and your business is on risk!!! to be honest does not make any sense to me..
Can you please share your time line? and explain little bit more so that we can understand your case better. I think that it can not only be reason of refusal there might be some other reasons as well ,for example your business plan and market research ..
Best Regards

Rockey

Anaz786
Newly Registered
Posts: 25
Joined: Sun Mar 16, 2014 11:07 pm

Re: First Tribunal Refusal

Post by Anaz786 » Thu Oct 23, 2014 12:35 am

Visa applied: 30july 2013
Interview: 23rd October 2013
Refusal: 20th Feb 2014
Hearing: 9th Oct 2014
Refusal: 16th Oct 2014

When home office rejected my visa they raised different issues like
1) Business plan is generic and one particular sentence has been copied from website.
2) Market research was not submitted.
3) Your work experience don't match the business you are doing.
4) Your advertisement is misleading clients saying group of professionals.

However judge has given totally a new set of reasons for rejection which i have explained in my earlier post, only point number 4 is common in both.
The thing which I can't understand is my barrister told the judge that as per law applicant should have 50k in his bank account at the time of application and there's no requirement to show where the money has come from. however judge says in my words I don't care what your barrister was telling me it is still important for me to know whether applicant has long term access to the funds and won't disappear once leave is granted.

the money is still in my account from more than one year not all of it as i have invested now what kind of long term access of funds he wants to check i don't know. What shall I put in my grounds of appeal for upper tribunal and how to satisfy them is driving me nuts. Regarding advertisement point No one talked about it in my hearing not my barrister neither judge asked me anything but it's in my refusal when I had put it in my witness statement that I want to advertise like this because I want to be a one stop for all the solutions and if someone approaches me for different field like finance or HR etc in which I don't have expertise I will be sub contracting and eventually hiring people.

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Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: First Tribunal Refusal

Post by Rockey » Thu Oct 23, 2014 9:53 am

Hi,
thanks for explaining in detail . You dont need to worry regarding point 4 should be ok because you can hire consultant whenever you want obviously..

You should put case forward to UT and keep going finally you will win as i know from your brief explaination..
Dont worry , be positive.

Wish you good luck for your visa.
Best Regards

Rockey

Anaz786
Newly Registered
Posts: 25
Joined: Sun Mar 16, 2014 11:07 pm

Re: First Tribunal Refusal

Post by Anaz786 » Fri Oct 24, 2014 12:29 am

Thanks rocky but I would really appreciate if someone can help me in what could be a strong ground of appeal in this case for UT ? I have a feeling there will be only one very short and solid reasoning against each refusal point but what would that be I can't think of and it is very important to get the help from my fellow members as this time I have decided not to take any barristers with me will fight on my own.

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