Teir 1 Entrepreneur application refused

Hello Everyone

I applied for my T1E application in May 2102, and recently received a decision after two years and two months (After I complained about the time HO has taken to decide my application). HO has refused my application on the basis of deception in my application. HO has claimed that they have checked the letter with the bank using their 'Standard Procedure' and bank has confirmed the document is not genuine.

Now this is not true, when I first applied for my visa I got this letter on the genuine bank's letter head with the signatures and stamps (though the person doesn't work there anymore) and also I have spoken to the branch and they have confirmed that they have never received any request for the verification of the letter or bank statement. (It was a third party statement and letter)

Has it happened to anyone else where HO has refused their application on the above basis? or are there any chances that HO may not even have sent the request to verify it?

I now have the money here in UK in personal bank account (20,000 was transferred from my sponsor last year and rest was already in my account in UK to make it to £50,000 which has been in my account for almost 5 months now) would this help when I go for appeal that money is already here since they took such a long time to respond? or HO would only argue about the genuineness of the letter and disregard the fact that I have £50,000 in UK bank account now?

Any help would be much appreciated

Thanks

Probably not worth fighting this.

You have had £50,000 in a UK bank account for 5 months.

Make a fresh application?

ECOTROT wrote:Probably not worth fighting this.

You have had £50,000 in a UK bank account for 5 months.

Make a fresh application?

How can he make new application ?
He needs to submit an appeal/JR against this decision coz HO refused his application with deception.
As per my knowledge,he needs to clarify first that this was not a deception.

If funds are still available to u.And if bank confirms that those documents were genuine in writing.Get a good lawyer and You have bright chances to win appeal. GOOD LUCK

adilzia wrote:

ECOTROT wrote:Probably not worth fighting this.

You have had £50,000 in a UK bank account for 5 months.

Make a fresh application?

How can he make new application ?
He needs to submit an appeal/JR against this decision coz HO refused his application with deception.
As per my knowledge,he needs to clarify first that this was not a deception.

If funds are still available to u.And if bank confirms that those documents were genuine in writing.Get a good lawyer and You have bright chances to win appeal. GOOD LUCK

Agree with Adilzia!

He should fight and get the word "deception" cleared from his UKBA visa application history, at the least. Without that there will be bias against his fresh application too (you know how those case workers are).

Agreed. My apologies, on reflection I think any ECO would probably refuse any fresh application under the general grounds of refusal, which would last for 10 years.

On the facts, it seems like you should be able to get confirmation in a new letter from the bank that the first letter was genuine, and even that the bank was not contacted by anyone. If the facts are true, then you should find a friendly person at the bank and explain this.

You will probably need to obtain the original letter, however. So you may have to chase the HO very hard until you get your docs back.

AFAIK they are incredibly hard when it comes to 3rd p funding. Even following the rules/guidance to the letter may not be enough.

You will need to fight this deception point, although you may well still get the application refused for other reasons.

At least then you can make a fresh application based on your own funds (which has a higher likelihood of success).

You will need patience, and you may need to spend money on professional advice.

Good luck!

shoaib83 wrote:Hello Everyone

I applied for my T1E application in May 2102, and recently received a decision after two years and two months (After I complained about the time HO has taken to decide my application). HO has refused my application on the basis of deception in my application. HO has claimed that they have checked the letter with the bank using their 'Standard Procedure' and bank has confirmed the document is not genuine.

Now this is not true, when I first applied for my visa I got this letter on the genuine bank's letter head with the signatures and stamps (though the person doesn't work there anymore) and also I have spoken to the branch and they have confirmed that they have never received any request for the verification of the letter or bank statement. (It was a third party statement and letter)

Has it happened to anyone else where HO has refused their application on the above basis? or are there any chances that HO may not even have sent the request to verify it?

I now have the money here in UK in personal bank account (20,000 was transferred from my sponsor last year and rest was already in my account in UK to make it to £50,000 which has been in my account for almost 5 months now) would this help when I go for appeal that money is already here since they took such a long time to respond? or HO would only argue about the genuineness of the letter and disregard the fact that I have £50,000 in UK bank account now?

Any help would be much appreciated

Thanks

Hi,
I know someone who had similar problem and I am currently appealing. In your bundle, didn't HO attach an email trail of their letter to the bank and their response to their confirmation request?

lilboots wrote:

shoaib83 wrote:Hello Everyone

I applied for my T1E application in May 2102, and recently received a decision after two years and two months (After I complained about the time HO has taken to decide my application). HO has refused my application on the basis of deception in my application. HO has claimed that they have checked the letter with the bank using their 'Standard Procedure' and bank has confirmed the document is not genuine.

Now this is not true, when I first applied for my visa I got this letter on the genuine bank's letter head with the signatures and stamps (though the person doesn't work there anymore) and also I have spoken to the branch and they have confirmed that they have never received any request for the verification of the letter or bank statement. (It was a third party statement and letter)

Has it happened to anyone else where HO has refused their application on the above basis? or are there any chances that HO may not even have sent the request to verify it?

I now have the money here in UK in personal bank account (20,000 was transferred from my sponsor last year and rest was already in my account in UK to make it to £50,000 which has been in my account for almost 5 months now) would this help when I go for appeal that money is already here since they took such a long time to respond? or HO would only argue about the genuineness of the letter and disregard the fact that I have £50,000 in UK bank account now?

Any help would be much appreciated

Thanks

Hi,
I know someone who had similar problem and I am currently appealing. In your bundle, didn't HO attach an email trail of their letter to the bank and their response to their confirmation request?

Good thinking lilboots.

If they do not provide this in the appeal bundle, then pressure them to withdraw the case. Don't let them delay the appeal.

I should reckon most judges would righly be appalled by an accusation of deception with no evidence produced to support it.

If the first letter really is genuine, and you have the new letter from the bank verifying this, then even if they do produce evidence that they performed checks with the bank, I would think a judge should allow your appeal. But maybe someone with more trial experience can confirm this, probably best to ask a professional.

It seems to me that it will all come down to what the bank is willing to confirm in a letter.

My fear is that this person who no longer works there was sacked for misconduct and the bank is now unwilling to support the first letter as the person did not have the authority to issue it. But provided the information the first letter contained was all true (N.B. they can verify this), then you perhaps can persuade a friendly person at the bank (with the authority) to issue your new letter.

Not sure what everyone else thinks?

Good luck!