Tier 1 application refused. AR / reapply

tier1forall · Post by **tier1forall** » Fri Apr 01, 2016 11:39 am

Hello All,

My friend has came towards some issue with his Tier 1 entrepreneur file.

He has applied Tier 1 Entrepreneur application in October and got refusal in November for third party bank letter.

He again applied with a fresh application in December and today he again got a rejection saying that he and his team member didn't made third party declaration amongst themselves. never seen a case like that. so need some advice on the following points.

1. Do entrepreneur team members have to do a third party declaration amongst themselves?

2. Can he make a fresh application again?

He is very confused.

I thought I can bring him some light on these issues.

Please advise on the above if someone has gone through same experience.

thanks.

Tier1forall.

zimba · Post by **zimba** » Fri Apr 01, 2016 11:55 am

1. Do entrepreneur team members have to do a third party declaration amongst themselves?

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.

2. Can he make a fresh application again?

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.

tier1forall · Post by **tier1forall** » Fri Apr 01, 2016 12:02 pm

Thanks Zimba88 for your prompt reply.

1. Yes just confirmed with him the amount has been kept in both of their accounts. So they should have done third party for themselves.

2. Yes they both were on curtailment and they applied well before their curtailment end date for first application. For second application they applied 3 days after they received the rejection letter for their first application.

so do they still have a chance to apply for a fresh application?

Thanks

zimba · Post by **zimba** » Fri Apr 01, 2016 12:11 pm

Did they apply for the 2nd application when they still had a valid visa ? if not, then they cannot apply for a fresh application now as they were over staying since then.

tier1forall · Post by **tier1forall** » Sat Apr 02, 2016 8:57 pm

Thanks for the replies Zimba.

His visa expired before he got the decision for his first application. See the time-frame below:

First application made: October 2015.
Rejection : in November 2015, (reason: incorrect format of third party letter)
Leave expired in mid November before the decision for this application.
Applied for admin review for first application which got refused end of December & he went in for a fresh application.
Applied for second application in January 2016
Rejection received end March - Reason funds in personal account.

What will his immigration status be now? Is he classified as an over stayer?

If he goes for admin review again which he has been given and then go ahead for JR to extend his stay and after that if his application is refused then will it impact if he decides to go back to his home country and apply for Tier 1 again with the proper documentation? What are his chances of getting the Tier 1 visa from his home country in such a scenario where his visa has already been refused twice?

Someone told him that he is already an over stayer and he wilfully gets 90 days to return to his home country voluntarily where he has a chance to apply Tier 1 again otherwise it might impact his file when he does from back home. Has anyone heard of this before?

Any response will be helpful, my room mate is really stressed out because of all this.

Thanks

zimba · Post by **zimba** » Sun Apr 03, 2016 12:17 am

He has been an over stayer since January given that section 3C ends when AR is concluded for an in time application. Home office accepts applications which are within 28 days of over staying as valid and that's why the fresh application went through but the migrants status remains an over stayer throughout the process according to the rules:

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 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.

tier1forall · Post by **tier1forall** » Sat Apr 30, 2016 12:22 pm

Hello All,

A friend had applied for Admin review of his Tier 1 entrepreneur application and received a letter from AR team stating:

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.

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.

Has anyone faced a similar situation in the past? (Please share your experience)

Thanks in advance.

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Tier 1 application refused. AR / reapply

Tier 1 application refused. AR / reapply

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Admin review team needs additional documents