Tier-1 Entrepreneur Team Visa - Refusal

Hello everyone,

Apologies if this has been covered, I couldn't find anything related to my queries in the forum.

Me and my team member applied for the specified visa on 15th April 2016, the refusal letter was given yesterday i.e. 28th April 2016.

The refusal letter indicated that we do not have access to funds of 200k GBP.

We have applied as team using 3rd party funds, where our own existing companies are acting as 3rd parties where we are sole-proprietors and sole-controllers of finances in our respective companies. We provided sufficient documentations (or at least what we think as per guidelines) to support this funding. However, the application was rejected stating that the documents do not satisfy paragraph 41-SD(d) which states:

if the third party is another business in which the applicant is self-employed or a director, evidence of the applicant’s status within that business and that the applicant is the sole controller of that business’s finances, or, where the applicant is not the sole controller, the letter must be signed by another authorised official of that business who is not the applicant, and

Further more it was said that:

I note you have provided a letter from bank confirming you are the proprietor of this business however no evidence has been provided to confirm that you have sole control over the company's finances do to with as you please.

We did provide our documentations where it states we are sole-proprietors in the respective companies. We were given all points in all other section except this part (i.e. 25 points).

In the refusal application its mentioned that we can ask for administrative review.

My questions are:

1. Since we are sole-proprietors of our respective companies and no is else authorised to perform financial transactions or any other administrative decision for that matter, how can we provide evidence from another official in that company? ( as stated in 41-SD(d)(i)7 )

2. Will confirming from bank that only we have control of the finances of our respective companies (sole control) be sufficient?

3. Since we can't add any new supporting document, is submitting fresh application our only option? If not, what can be done?

Will appreciate advice or help in this matter.

Thank you in advance.

1. Since we are sole-proprietors of our respective companies and no is else authorised to perform financial transactions or any other administrative decision for that matter, how can we provide evidence from another official in that company? ( as stated in 41-SD(d)(i)7 )

What evidence did you provide to show you two are in control of the business ? Did you submit the Current Appointment Report and company shareholders list to show you are fully in control of the company ?

2. Will confirming from bank that only we have control of the finances of our respective companies (sole control) be sufficient?

That surely will not prove that someone else is not involved in your business. A majority shareholder might not have any access to your bank account but could own 80% of your company shares !

3. Since we can't add any new supporting document, is submitting fresh application our only option? If not, what can be done?

Not sure what you submitted but if a piece of required evidence is missing, then you have no choice but to apply again as the AR will certainly not get you anywhere.

smartali89 wrote:...

My questions are:

1. Since we are sole-proprietors of our respective companies and no is else authorised to perform financial transactions or any other administrative decision for that matter, how can we provide evidence from another official in that company? ( as stated in 41-SD(d)(i)7 )

...

Will appreciate advice or help in this matter.

Thank you in advance.

1) Re-read the rule.
There's an "OR" in it so that clause clearly doesn't apply as you say you are a sp.

The devil is (always) in the detail.

.. or, where the applicant is not the sole controller, the letter must be signed by another authorised official of that business who is not the applicant