Letter of Refusal received

Just heard that my Tier 1 (Entrepreneur) visa extension has been refused.

The reason was the bank statement showing maintenance funds was more than 31 days from the date of application.

Bank statement end date 14-May-2015
Application was sent from post office (via Parcel Force) on 13-Jun-2015
Application delivered to UKVI on 17-Jun-2015

I’d love to hear what my options are from here and generally what to expect to occur next.

I assume I have 28 days from receipt of the refusal letter to leave the UK unless I lodge an Administrative Review or apply to switch to another category.

Any thoughts would be appreciated.

Sorry to hear about your refusal,
Gregg as far as i know usually they considered the date of application when you posted which is 13-Jun'15, However it is vital if you can speak to your solicitor at earliest to avoid any misunderstanding or misconception

I would be grateful if you can share your timeline for biometrics, did you used solicitor? and 200k/50k route.

Wish you all the best
thank you in advance

I did not use a lawyer for this extension application as the process and evidence seemed quite straightforward...
I am on the 200k route. Initial visa issued 13-Jun-2012.

I am confident I fulfil all the requirements of the visa apart from this date issue.

I'd like to know if it is possible to resubmit an extension application with refreshed supporting documents (ie bank statements etc) within 28 days of receiving the letter of refusal.

Does anyone know if this is possible or if the HO would accept this application or simple refuse it?

My thinking is that my refusal is for a technical reason rather than failure to meet a crucial requirement like investing £200k or creating new employment, so perhaps it is possible.

Appreciate input from anyone with experience or knowledge regarding this.

I am not 100 percent sure but date of application is received date if sent by courier. So it seem to cross 31 days mark. Further, yes you can submit a new application within 28 days of refusal date.

Sorry to hear about your refusal

It is very important what is the date of issuance of bank statement as statement end date is only showing the last transaction date

However, I would also like to discuss that I had the same problem in Feb 2010 when home office refused my student visa extension as my bank statement was issued more than 28 days back. they gave me option of administrative review but i prefer to leave the country and apply for fresh application from my home country

Personally, if the issue date is more than 28 days old, I think your option of administrative review will not be helpful

Thanks for the comments-

Does the 28 days start from the date of the refusal letter, or the date I received that letter? (It was sent via 'signed for' mail).

The letter is dated 30-Jul and it was signed for on 03-Aug. Which is the date I need to use for calculating my 28 days to submit a new application?

Thanks,
Greg

Hi, be on safe side do it before 28 days with reference to decision date which should be the earliest one.

grreg wrote:Just heard that my Tier 1 (Entrepreneur) visa extension has been refused.

The reason was the bank statement showing maintenance funds was more than 31 days from the date of application.

Bank statement end date 14-May-2015
Application was sent from post office (via Parcel Force) on 13-Jun-2015
Application delivered to UKVI on 17-Jun-2015

I’d love to hear what my options are from here and generally what to expect to occur next.

I assume I have 28 days from receipt of the refusal letter to leave the UK unless I lodge an Administrative Review or apply to switch to another category.

Any thoughts would be appreciated.

@ grreg, the refusal was in line with the HO rule as you use a courier service rather than the usual post-office signed-for next day delivery service which would have make your application date to be 13/06/15 rather than courier delivery date of 17/06/15.

Your best option is to get updated 90 days bank statement if the money is still in the account and re-submit immediately before 28 days elapsed and you should get your visa if all other documents are ok.

Thanks for the replies

OlasunkanmiI:
I was unable to use the post office service as my parcel was too heavy. I didn't know this until I arrived at the post office to send it but Royal Mail will only deliver to a maximum of 2kg. Any item over 2kg is sent from the post office using Parcel Force. That's a lesson for people.

Considering my previous visa expired on 13-Jun I am unsure whether it is actually worth submitting a new extension application if the application date has been recorded as 17-Jun. Surely that would mean I am unable to re-apply. Do you know the answer to this?

naveediiqbal:
I really would like to know the correct answer to the dates question I asked as the balance on my bank account fell below the required amount for a few days - but commencing 28-May it is fine again. So if I add 90 days to 28-May that is 26-Aug before I can demonstrate maintenance funds.

Here is the problem.

If the 28 days starts from 30-Jul, then adding 28 days gives me 27-Aug, which is just a single day to get the bank statements from Barclays and get the new application in the mail.

As you can see if I can get certainty on the dates then I can plan better.

I really hope the 28 days starts from the date I received the letter of refusal. That would be 03-Aug plus 28 days = 31-Aug, which is much more comfortable.

If anyone can direct me to any documents from the Home Office which talk about this date issue I'd be grateful. I have had a search online but am unable to find anything definitive.

Thanks,
Greg

Dear
First of all sorry to hear about your refusal , its very clear in their policies if you sending by courier its the date of Document recieved by home office , and Royal mail post office do send documents by Signed delivery even 10 kg as i send my documents with no prob abt this so anyways which is gone is gone , so for now please dnt apply on last day and you must take date of decision not at date of Recieving so please dnt take chances . Regarding your bank Statment go to Branch get out Print if not that order over the phone from last 90 days till today and they will send u in 3-4 working Days its nothing complicated complicated .Submit Fresh Application if you still want time then Submit Adminstrative Review and your Section 3C leaves untill your outcome of AR and then you have 28 Days to Apply but i would Say apply in time

msardar wrote:Dear
First of all sorry to hear about your refusal , its very clear in their policies if you sending by courier its the date of Document recieved by home office , and Royal mail post office do send documents by Signed delivery even 10 kg as i send my documents with no prob abt this so anyways which is gone is gone , so for now please dnt apply on last day and you must take date of decision not at date of Recieving so please dnt take chances . Regarding your bank Statment go to Branch get out Print if not that order over the phone from last 90 days till today and they will send u in 3-4 working Days its nothing complicated complicated .Submit Fresh Application if you still want time then Submit Adminstrative Review and your Section 3C leaves untill your outcome of AR and then you have 28 Days to Apply but i would Say apply in time

I do agree to the suggestions.

I agree also but as I wrote in my previous post I my bank balance was low during the end of May for a few days so calling the bank to ask for statements does not help just right now.

What I would really like to know if is the details of how the dates work. If anyone can help with that I'd be grateful.

Greg

Home office made the correct decision because parcel force ain't an option. I think either you have misguided by post office staff or you didn't want to pay the excess charges. Royal Mail charges more than 25 quid for parcel weight more than 2kg.

grreg wrote:Just heard that my Tier 1 (Entrepreneur) visa extension has been refused.

The reason was the bank statement showing maintenance funds was more than 31 days from the date of application.

Bank statement end date 14-May-2015
Application was sent from post office (via Parcel Force) on 13-Jun-2015
Application delivered to UKVI on 17-Jun-2015

I’d love to hear what my options are from here and generally what to expect to occur next.

I assume I have 28 days from receipt of the refusal letter to leave the UK unless I lodge an Administrative Review or apply to switch to another category.

Any thoughts would be appreciated.

Yeah - I am clear now that the parcel was sent via the incorrect method but I can't change that now.

What I need to do is get clear on my options from here. I tried to spell it out clearly in my post yesterday, so if anyone can help me work out the dates then that would be really appreciated.

Thanks,
Greg

It's very simple. Even if you have 1 pound below than the required maintainence funds, will be refused and will not get a second chance. Don't you have any other bank statement? It's strange that you are applying entrepreneur extension and you can't fulfil the maintenance criteria.

grreg wrote:I agree also but as I wrote in my previous post I my bank balance was low during the end of May for a few days so calling the bank to ask for statements does not help just right now.

What I would really like to know if is the details of how the dates work. If anyone can help with that I'd be grateful.

Greg

I am able to meet the maintenance funds requirement but the balance is above the minimum only from 28-May onwards.

I am after help with how the dates work as asked in my post on yesterday.

Does anyone know if the 28 days start from the date of the letter or the date I signed for the letter?

Thanks,
Greg

grreg wrote:I am able to meet the maintenance funds requirement but the balance is above the minimum only from 28-May onwards.

I am after help with how the dates work as asked in my post on yesterday.

Does anyone know if the 28 days start from the date of the letter or the date I signed for the letter?

Thanks,
Greg

Hi Greg, Along with your decision letter. did you receive any forms or guidance for administrative review.

Regards,

naveediiqbal wrote:

grreg wrote:I am able to meet the maintenance funds requirement but the balance is above the minimum only from 28-May onwards.

I am after help with how the dates work as asked in my post on yesterday.

Does anyone know if the 28 days start from the date of the letter or the date I signed for the letter?

Thanks,
Greg

Hi Greg, Along with your decision letter. did you receive any forms or guidance for administrative review.

Regards,

Further, It seem to me that it is 28 days from when you receive the decision.

"You must apply for an administrative review within 28 days of getting the decision."

https://www.gov.uk/ask-for-a-visa-admin ... ide-the-uk

naveediiqbal - Yes I am able to make an administrative review within 14 days of receiving the letter. However, I am unable to make an appeal.

If I lodge an AR can I also submit a new application simultaneously, or do I need to wait until the AR is answered before submitting a new visa application?

grreg wrote:naveediiqbal - Yes I am able to make an administrative review within 14 days of receiving the letter. However, I am unable to make an appeal.

If I lodge an AR can I also submit a new application simultaneously, or do I need to wait until the AR is answered before submitting a new visa application?

My suggestion would be to file AR and get 3C leave and then wait for decision. then after getting that file another application. During this time utilize all of the resources to consult a good lawyer to file case this time. file case immediately after getting AR results.

@ grreg, to answer few of your question;

Considering my previous visa expired on 13-Jun I am unsure whether it is actually worth submitting a new extension application if the application date has been recorded as 17-Jun. Surely that would mean I am unable to re-apply. Do you know the answer to this?

You can submit a fresh application within 28days of receiving your refusal decision. Note that the 28days start from about 2-3days after the date on the refusal letter as HO usually leave about 2-3days for delivery of letters. Don't worry about your previous leave expiry date of 13/06/15 as you submitted an extension application within the required time-frame.

The only issue now is why touch your maintenance funds before you receive the decision, its usually advisable to leave maintenance funds in the account until you get your visa.

The next option for you might be to file an Administrative review application to buy more time till you are able to meet the 90days maintenance funds again. But bear in mind that AR review sometimes takes few days nowadays and that might also become very difficult if you can't meet the time for the 90days maintenance funds.

Try to consult couple of experienced lawyers so that you can make a decision base on correct information rather than guess work.

I WILL SUGGEST TO APPLY FOR REVIEW OR GO TO APPEAL.

ARE YOU GIVE RIGHT OF APPEAL? IF SO GO AHEAD IF NOT GO FOR JR.....ITS VERY MINOR OBJECTION....YOU CAN EASILY WIN APPEAL....IF YIU WILL APPLY FOR FRESH APPLICATION THERE MIGHT BE NEW THINGS COMING UP....


PLEASE LET ME KNOW YOUR TIME LINE OF THE VISA ....WHEN YIU APPLIED....WHEN U GOT BIOMETRIC LETTER ECT....

REGARDS

Thanks for all the comments and suggestions.

I have engaged a law firm for this matter and we submitted an Administrative Review yesterday (it was the last day we were able to submit).

Interestingly I spoke with several law firms and none of the had yet submitted an AR as the process is such a new development- so in a sense I am a bit of a guinea pig.

I'll keep you informed of the progress and the result. The HO aims to respond to AR requests within 28 days. Fingers crossed it is good outcome.

Lets say for example God Forbidden someone AR decision remains the same .
Can he/she still re-apply with 28 days time period or that time period window is no more?

good luck gregg, please keep us posted.