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Both applicants need to have access to the funds. So If the money is kept by one of them (e.g a personal account) he/she needs to make it available as a 3rd party to the other team member. However If the funds are kept in a joint account, then there is no need for this.1. Do entrepreneur team members have to do a third party declaration amongst themselves?
It depends. When did the visa run out ?? If it ran out last year before the first rejection, then he/she has been an over stayer since the day he/she applied for the 2nd out-of-time application. Any new fresh application now will automatically fall for refusal as the migrant have been an over stayer beyond 28 days.2. Can he make a fresh application again?
He has to leave the uk and apply from home country as any fresh in country application for him will be automatically refused. If his documents are correct and he passes the genuine test, he should be able to get the visa and return.Migrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended.Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.
As the applicant has no leave during the period their application is pending they have no permission to work in the UK
He did provide a declaration from the third party confirming that the funds are available to the entrepreneurial team but this is something different and we are a bit confused, can someone advise if they only need to provide a letter now to support the original declaration or do they need to do a fresh declaration and confirm the additional details on top. If anyone has a template or advise how they can word it would be really helpful.In order to complete the AR of your application we require the following as specified in paragraph 41-SD(d)(ii):
A letter from a legal rep, confirming the validity of signatures on each third party declaration provided, which confirms that the declaration(s) from the third party or parties contains the signs of the people stated. It can be a single letter covering all third-party permissions, or several letters from several legal reps. It must be an original letter and not a copy, and it must be from a legal rep permitted to practise in the country where third party or the money is. The letter must clearly show the following:
(1) the name of the legal rep confirming the details,
(2) the reg or authority of the legal rep to practise legally in the country in which the permission or permissions was or were given,
(3) the date of the confirmation letter,
(4) the applicants name (and the name of applicants team partners name where relevant) and where (b) applies, that the applicant is a director of the businesss named in each third-party declaration,
(5) the third party's name (which cannot be the legal rep themselves),
(6) that the dec from the third party is signed and valid, and
(7) if the third party is not a venture capital firm, seed funding competition or UK or devolved government department, the number of the third party or their authorised reps identity document, the place of issue and dates of issue and expiry.
The statutory declaration you supplied in support of your application is stamped and signed by Lawyer Name. Please ensure that the letter you forward to us can be corroborated with the statutory declaration you provided.