Entrepreneur visa refused. Advice please!

liliana_03 · Post by **liliana_03** » Tue Sep 23, 2014 1:07 am

Hello Every body:

I have applied for a Tier 1 Entrepreneur Visa on 26 July 2014 through PSW 50k route and received a refusal on 20 September (dated 15 September)

I have been awarded 0 points under Appendix A, 10 under appendix B and 10 under appendix C.

The refusal points were on 41-SD(e)(iv)list the evidence that must be submitted to demonstrate that your business is actively trading.

- "There is no evidence that any marketing material are dated before 11 July 2014..."

- "The evidence you submitted in relation to trading contracts is not acceptable. Only one contract shows activity prior to 11 July 2014 and it does not contain a clear duration for your services..."

- "You have also not provided an original letter from a UK regulated financial institution which you have a business account, confirming that the business is trading as it does not cover a continuous period commencing before 11 July 2014..."

My company has been registered on 7th July. I have not provided letter from my bank (but provided bank statements) as I sent contracts to show my business trading (1 contract before 11th July and 3 after that date).
My business account was opened on 17 July, could not open before since I had to wait 1 month for appointment with the bank.

I would greatly appreciate your comments on how to proceed, can I have a good chance if I appeal? Look forward to all your valuable advice.

Thank you

Liliana_03

Hope145 · Post by **Hope145** » Tue Sep 23, 2014 8:18 am

liliana_03 wrote:Hello Every body:

I have applied for a Tier 1 Entrepreneur Visa on 26 July 2014 through PSW 50k route and received a refusal on 20 September (dated 15 September)

I have been awarded 0 points under Appendix A, 10 under appendix B and 10 under appendix C.

The refusal points were on 41-SD(e)(iv)list the evidence that must be submitted to demonstrate that your business is actively trading.

- "There is no evidence that any marketing material are dated before 11 July 2014..."

- "The evidence you submitted in relation to trading contracts is not acceptable. Only one contract shows activity prior to 11 July 2014 and it does not contain a clear duration for your services..."

- "You have also not provided an original letter from a UK regulated financial institution which you have a business account, confirming that the business is trading as it does not cover a continuous period commencing before 11 July 2014..."

My company has been registered on 7th July. I have not provided letter from my bank (but provided bank statements) as I sent contracts to show my business trading (1 contract before 11th July and 3 after that date).
My business account was opened on 17 July, could not open before since I had to wait 1 month for appointment with the bank.

I would greatly appreciate your comments on how to proceed, can I have a good chance if I appeal? Look forward to all your valuable advice.

Thank you

Liliana_03

What marketing material did you provide? Most marketing materials will carry no date on them e.g posters/flyers, however if it was let's say email marketing then there will be date. HO decision can be argued depending on the marketing material submitted.

Again it is not all contract that has duration, there is a term for such contracts where the duration is not specified, I forgot the term but a solicitor may know the term. So you can argue the contract is valid.

Business bank account letter can be argued as well. As the policy guidance in itself says one or more to proof business activity anyway.

Overall HO was not convinced with the evidence you provided for continuous business activity pre 11th July, the other contracts you provided are irrelevant(post 11th July).

Am I right in thinking that you already received payments from the client(pre 11th of July) in your business bank account? If not what did you show on the statement? If so it also contributes to continuous business activity e.g you signed contract on the 8th of July, issued first invoice on the 10th of July with payment due on 20th of July, then bank statement shows payment on the 20th of July from client.

You stand a chance so go for your appeal and pray for wisdom to win. Goodluck

danikhn83 · Post by **danikhn83** » Tue Sep 23, 2014 10:12 am

liliana_03

sorry to hear about your visa refusal..

can you share your timeline?
thanks

Aravindv · Post by **Aravindv** » Tue Sep 23, 2014 2:18 pm

sory to hear.... but im in the same boat... same refusal points.

refusal points:
* no end date mentioned in the contract
* no transactions in the bank statement

liliana_03 · Post by **liliana_03** » Thu Sep 25, 2014 4:07 am

Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!

For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.

The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.

Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?

Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).

Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?

Many thanks!!!

Liliana_03

Hope145 · Post by **Hope145** » Thu Sep 25, 2014 11:12 am

liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!

For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.

The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.

Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?

Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).

Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?

Many thanks!!!

Liliana_03

What was the use of including website domain receipt dated after 11th of July, when you are trying to show business activity pre 11th of July? If you must include receipt for advertising post 11th July then HO will expect receipt pre 11th July as well, this is why they refused you on this point as you didn't include pre 11th receipt. Your best bet is to proof other advertising materials apart from the website was before 11th July.

You issued invoice on the 11th of July, this evidence is irrelevant to your case as it wasn't before 11th of July. On this, the contract signed before 11th of July is your fighting point, forget the invoice.

Business account was opened after 11th of July as well, which is not evidence pre 11th July business activity but can pass if other evidence proof business activity pre 11th.
The self employment bit may or may not help your case depending. Overall you still have a fighting chance but the argument needs to be sound based on the evidence you submitted.

liliana_03 · Post by **liliana_03** » Thu Sep 25, 2014 12:19 pm

Thanks for your response Hope 145.

Yeah, I made a mistake by providing that receipt, but was the only way I found to show the ownership of my company's website.
You mean that I can´t add more information for my appeal?.
Probably submitting a fresh application woud be better as I can add all the information to show my trading before 11 July?,
but am I still entitled to submit a fresh application if my visa has expired?
Please, if you know a good solicitor, could you recommend me? email: lilianaesteban03@gmail.com.

Thank you very much for your valuable time !

Hope145 · Post by **Hope145** » Thu Sep 25, 2014 12:53 pm

liliana_03 wrote:Thanks for your response Hope 145.

Yeah, I made a mistake by providing that receipt, but was the only way I found to show the ownership of my company's website.
You mean that I can´t add more information for my appeal?.
Probably submitting a fresh application woud be better as I can add all the information to show my trading before 11 July?,
but am I still entitled to submit a fresh application if my visa has expired?
Please, if you know a good solicitor, could you recommend me? email: lilianaesteban03@gmail.com.

Thank you very much for your valuable time !

Yes you cannot add more information for your appeal except what you submitted for the initial application that HO refused. Fresh application may be better, however at this stage it is better for you to seek professional advice on whether to appeal or submit a fresh application based on your circumstances. HO keep changing the policy guidance so bear in mind that for fresh application the latest policy guidance will apply(not sure if the changes in the guidance are significant or affects you as I haven't read it but I know since you applied in July a new policy guidance was released)

If I were you, I will seek professional opinion before making any move as tier 1 is tricky now! Goodluck

PKBD · Post by **PKBD** » Fri Sep 26, 2014 7:43 pm

Hi
Feel sorry for your visa refusal Liliana....
Although your case looks complex to me as you didn't provide proofs before 11th july....you must seek professional advice before making any further application.

My case is also pending and all documents and proofs are submitted dated before 11th july.
I have an INTERVIEW in October, hope for the best....
Thanks

Rockey · Post by **Rockey** » Fri Sep 26, 2014 10:20 pm

liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!

For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.

The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.

Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?

Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).

Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?

Many thanks!!!

Liliana_03

Hi Liliana,
we are exactly in same situation , can you please tell me two things 1. what is incorporation on 14 July mean? and secondly when did you got yourself regitered for soletrader , was it before 11th or after 11th July?

Look forward to hearing from you soon.

Rockey · Post by **Rockey** » Sat Sep 27, 2014 10:39 am

Hope145 wrote:
liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!

For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.

The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.

Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?

Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).

Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?

Many thanks!!!

Liliana_03

What was the use of including website domain receipt dated after 11th of July, when you are trying to show business activity pre 11th of July? If you must include receipt for advertising post 11th July then HO will expect receipt pre 11th July as well, this is why they refused you on this point as you didn't include pre 11th receipt. Your best bet is to proof other advertising materials apart from the website was before 11th July.

You issued invoice on the 11th of July, this evidence is irrelevant to your case as it wasn't before 11th of July. On this, the contract signed before 11th of July is your fighting point, forget the invoice.

Business account was opened after 11th of July as well, which is not evidence pre 11th July business activity but can pass if other evidence proof business activity pre 11th.
The self employment bit may or may not help your case depending. Overall you still have a fighting chance but the argument needs to be sound based on the evidence you submitted.

Hi Liliana,
Thats what i wanted to tell you that yes that will help if you show your registration as a self employed and invoices!! But i dont know how would you show the date of registration before 11th of July as selfemployed registered because the HRMC does not send any registration date letter , they send when you request mentioning that date.

Can you pls let me know either you registered as selfemployed before or after 11th July?

PKBD · Post by **PKBD** » Sat Sep 27, 2014 9:13 pm

Hi Rockey

I think your accountant or a firm can write a letter for to show that you have registered with them as self employed and they (accountant or a accountancy firm) are dealing your your sole trader account.
(It's not a professional advice, please contact your accountant for clarification)
Thanks

liliana_03 · Post by **liliana_03** » Sun Sep 28, 2014 12:01 am

Thanks a lot for your feedbacks and comments.

Hope 145, I spoke to a solicitor and he advised me to appeal and in case this is unsuccessful, I can make a fresh application after. He gave me good fighting points based on the 245AA evidential flexibility, according to this HO should have asked me for the missing evidence.

PKBD, Good luck with your interview, keep us updated!

Rockey, On 14 July I incorporated to the trade body linked to my occupation.

I registered as a self employed on 1st July, but to give my business more credibility I decided to register as a Director on 7th July. I asked to my solicitor if my self employed invoices coud be valid but he said that since I applied as a Director, the self employment trading could not count. Did you receive any other comments regarding this?

Thanks

liliana_03 · Post by **liliana_03** » Sun Sep 28, 2014 12:16 am

Rockey, the self employment letter does not show the date but the registration form indicates the date and time of submission. Probably that could be valid. Did you send your application as a Sel femployed or Director and when did you register?

Rockey · Post by **Rockey** » Sun Sep 28, 2014 6:05 am

Hi Liliana,
i am very surprised as your solicter told you that since you applied as a Director, the self employment trading could not count!!!!! I m 100% sure it does count and you legally can run both together, i have already asked HMRC replied that we can do together and its also written in entrepreneur guidlines if you go through u can find that u can run your business as sole trader......

Anyway i am still waiting for result , lets see what happens. I worked as sole trader before 10th july then i registred my company on 11th July . Hence i put both together in my application. Lets see what happens.

To be honest you can fight your case and will win. Many of friends have won their appeals and got visa.

Keep in touch ..

Rockey · Post by **Rockey** » Sun Sep 28, 2014 6:24 am

Thanks PKBD . Accountant only deal your business related accounting things .

I regitered with HMRC as soltrader but problem is that i requested them to register before 11th of July as i was running business prior that date but HMRC sent me letter very late in the end of July!! Now problem is that the letter is not showing previous dates its only showing date when it was issued means after 11th of July, that may cause a problem for me..what do you think? if i get refusal how can i defend my case?

liliana_03 · Post by **liliana_03** » Sun Sep 28, 2014 1:48 pm

Hi Rockey,
According to my solicitor, at the appeal stage I cannot add information of my self employment as in my initial application I did not mention at all my self employment trading. That could help for a fresh application. In your case if you are showing both of them for your application, I think is acceptable.

Good luck

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