Tier 1 Entrepreneur visa refused right of appeal

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Tier 1 Entrepreneur visa refused right of appeal

Postby tier1entrepreneur » Tue Mar 26, 2013 2:07 am

Hi,

I have applied for Tier 1 Ent on 50K basis after PSW on 21st Sept 2011.
I have received the decision against me on 18th March 2013. My application has been refused on the following ground:

"As you applying under the Provision(d) of Table 4, you are required to demonstrate the following criteria

i)are applying for leave to remain
ii)have, or were lasted granted , Leave as Tier 1 (psw)Migrant,
ii)were, on a date falling within the three months immediately prior to the date of application,

1) Registered with HMRC as self employed or
2) Registered as a new business in which he is a director or
3) Registered as a director of an existing business.

iv)are engaged in business activity other than the work neccesary to administrate his business

You have demonstrated that you satisfy (i), (ii) and (iv) above
for requirement (iii) you have provided a certificate of incorporation, HMRC letter and memorandum of association. We cannot accept these documents as these are not the specified documents.


I have been granted 0 points out of 75 so no points for funds 50k which i showed in my UK Bank statment on my name.

Basically my solicitor forget to add Current Appointments Report from companies house. Now he is saying that UKBA should have asked if we didnot added this document.

My question is according to the above reason even though i did provided few documents which shows that i am the director of the company but not provided the specified document what are the chances of winning the appeal ?

Please advise.

Thanks in advance
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Re: Tier 1 Entrepreneur visa refused right of appeal

Postby rehan01 » Tue Mar 26, 2013 2:47 am

I am sorry to say but these solicitors r peace of S*** ................ for them its nothing but they don't know it can cost someone future.


he want ukba to beg him to send additional documents ?? f*****g shoot him ..................... I think if you go in appeal you will be fine as long as you can prove you were director of the company and you have current appointment report (dated September 2011).

this is my opinion but wait for other members and experts advise

also did you receive any enquire from ukba since you applied?

good luck and all the best



tier1entrepreneur wrote:Hi,

I have applied for Tier 1 Ent on 50K basis after PSW on 21st Sept 2011.
I have received the decision against me on 18th March 2013. My application has been refused on the following ground:

"As you applying under the Provision(d) of Table 4, you are required to demonstrate the following criteria

i)are applying for leave to remain
ii)have, or were lasted granted , Leave as Tier 1 (psw)Migrant,
ii)were, on a date falling within the three months immediately prior to the date of application,

1) Registered with HMRC as self employed or
2) Registered as a new business in which he is a director or
3) Registered as a director of an existing business.

iv)are engaged in business activity other than the work neccesary to administrate his business

You have demonstrated that you satisfy (i), (ii) and (iv) above
for requirement (iii) you have provided a certificate of incorporation, HMRC letter and memorandum of association. We cannot accept these documents as these are not the specified documents.


I have been granted 0 points out of 75 so no points for funds 50k which i showed in my UK Bank statment on my name.

Basically my solicitor forget to add Current Appointments Report from companies house. Now he is saying that UKBA should have asked if we didnot added this document.

My question is according to the above reason even though i did provided few documents which shows that i am the director of the company but not provided the specified document what are the chances of winning the appeal ?

Please advise.

Thanks in advance
rehan01
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Postby tier1entrepreneur » Tue Mar 26, 2013 3:21 am

no i didnt received any enquiry at all. i do have the current appointment report but it has a current date not dated for september 2011 because the solicitor didnt even printed any at the time of application. The company was registered in Aug 2011 and there is no other director as i am the sole director of the company.
During the last 6 months i have moved some of the funds into my business account. would this will cause any problem i still do have an access to all the 50k
I have already lodged an appeal with the help of new legal representative.
do you have any idea how long this process will take ?
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Postby mexy369 » Tue Mar 26, 2013 8:50 am

Sue that f**** idiot solicitor tooo...
It wish it come in ypur favour and he will lose his certificate too so he wont be able tp cheat other people.

Dw just say the truth in appeal. U will b fine.
In regards to business account as far as u hav access to 50k. Nthng matters.
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Re: Tier 1 Entrepreneur visa refused right of appeal

Postby dancingguy05 » Tue Mar 26, 2013 10:46 am

rehan01 wrote:I am sorry to say but these solicitors r peace of S*** ................ for them its nothing but they don't know it can cost someone future.


he want ukba to beg him to send additional documents ?? f*****g shoot him ..................... I think if you go in appeal you will be fine as long as you can prove you were director of the company and you have current appointment report (dated September 2011).

this is my opinion but wait for other members and experts advise

also did you receive any enquire from ukba since you applied?

good luck and all the best



tier1entrepreneur wrote:Hi,

I have applied for Tier 1 Ent on 50K basis after PSW on 21st Sept 2011.
I have received the decision against me on 18th March 2013. My application has been refused on the following ground:

"As you applying under the Provision(d) of Table 4, you are required to demonstrate the following criteria

i)are applying for leave to remain
ii)have, or were lasted granted , Leave as Tier 1 (psw)Migrant,
ii)were, on a date falling within the three months immediately prior to the date of application,

1) Registered with HMRC as self employed or
2) Registered as a new business in which he is a director or
3) Registered as a director of an existing business.

iv)are engaged in business activity other than the work neccesary to administrate his business

You have demonstrated that you satisfy (i), (ii) and (iv) above
for requirement (iii) you have provided a certificate of incorporation, HMRC letter and memorandum of association. We cannot accept these documents as these are not the specified documents.


I have been granted 0 points out of 75 so no points for funds 50k which i showed in my UK Bank statment on my name.

Basically my solicitor forget to add Current Appointments Report from companies house. Now he is saying that UKBA should have asked if we didnot added this document.

My question is according to the above reason even though i did provided few documents which shows that i am the director of the company but not provided the specified document what are the chances of winning the appeal ?

Please advise.

Thanks in advance


Some of the immigration advisors are b....stds. They are active till they get the money and feel that they are ruling UKBA.

appeal. Because ukba asked the missing docs, as I saw in previous other posts.
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re you query

Postby LEGAL SOLUTION » Tue Mar 26, 2013 4:10 pm

it is unfortunate and negligence on your solicitor behalf. still, go for appeal on the basis of law of common fairness.
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Postby tier1entrepreneur » Tue Mar 26, 2013 5:23 pm

yeah thats true i am really frustrated with his act of negligence i am thinking to make a complain against him and take it further to give him a lesson so he wont play with others future.

Thanks guys for all your valuable advice.
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Postby therock » Tue Mar 26, 2013 6:21 pm

This thread should be used as an example to applicants who strongly and blindly rely on those a****ole solicitors who don't even know if such important docs are required or not.
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Postby ARSH » Tue Mar 26, 2013 6:36 pm

therock wrote:This thread should be used as an example to applicants who strongly and blindly rely on those a****ole solicitors who don't even know if such important docs are required or not.


One of my friend applied through solicitor and got refused just because client's contact number was not provided in the contract.

This is clearly mentioned in the requirements but that solicitor got his visa refused.
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Postby rehan01 » Tue Mar 26, 2013 6:42 pm

I never ever had a good experience with these solicitors .... I done my case myself and I have done my level best even before submitting my case I spoke to couple of them over then phone asking them if I need declaration for team members application while holding funds in joint bank account as per my understanding I don't need declaration and 99% solicitors said don't need declaration and they were asking ridicoulus amount of money when I have done all that myself and didn't cost me anything but now someone got there visa refused bcz of declaration not submited whn money in joint bank account ..... So I spoke to couple of solicitors again and yesterday I spoke to one local solicitor and I must say she was much better than all the solicitors I spoke to so far and very very reasonable money she done the declaration and she told me straight that it will not effect my application and if I got my visa refused bcz of declaration that it wil be very helpful in appeal.

So finaly I got declaration done and send it to ukba via special delivery today .... So in other words don't trust these solicitors do your home work properly and remember no one can prepare your case better than yourself.

Good luck all


therock wrote:This thread should be used as an example to applicants who strongly and blindly rely on those a****ole solicitors who don't even know if such important docs are required or not.
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Postby rehan01 » Tue Mar 26, 2013 6:45 pm

Solicitors r f*****g useless and don't care abt these small things at all and playing with people future ..... But I guess same time we are responsible for this too because we leave it all on them and don't do anythng ourself at all or don't bother checking wht solicitor is doing.



ARSH wrote:
therock wrote:This thread should be used as an example to applicants who strongly and blindly rely on those a****ole solicitors who don't even know if such important docs are required or not.


One of my friend applied through solicitor and got refused just because client's contact number was not provided in the contract.

This is clearly mentioned in the requirements but that solicitor got his visa refused.
rehan01
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Location: London

Postby therock » Tue Mar 26, 2013 6:57 pm

ARSH wrote:One of my friend applied through solicitor and got refused just because client's contact number was not provided in the contract.

This is clearly mentioned in the requirements but that solicitor got his visa refused.


Really, I also didn't provide my client's contact number in contract, and my case is pending, what shall I do??
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Postby rehan01 » Tue Mar 26, 2013 7:26 pm

To be honest nothing much can be done as its with case worker already and I wil say don't worry about it too much and just concentrate on getiing all those requested documents ready and InshAllah u will be fine

therock wrote:
ARSH wrote:One of my friend applied through solicitor and got refused just because client's contact number was not provided in the contract.

This is clearly mentioned in the requirements but that solicitor got his visa refused.


Really, I also didn't provide my client's contact number in contract, and my case is pending, what shall I do??
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Postby business genius » Fri Mar 29, 2013 2:31 pm

Hi Rehan
Declaration is required and is clearly written in the rules.The solicitors dont have enough knowledge so just want to make money.I went to few soliciotrs and they asked huge amount of money and i ask why to pay too much,he said u r using our name on the app.I said if i do it myself then it would be better instead of using ur name.
Current director report is the must submit document.
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Postby rehan01 » Fri Mar 29, 2013 2:45 pm

Declaration is required if u relying on third party funding now when u applying as team memberyour funds r in joint bank accout because having funds in joint uk bank account mean both team members ave same access to the funds so why we need declaration? Kindly could you please refer to the bullet point of policy guidance refering to declaration for team members when funds is kept in joint bank account of both team members?

I never submitted declaration with initial aplication but someone got there visa refused bcz of declaration and I myself spoke to different solicitor and most of them said having funds in joint account u don't need declaration and u r absolutely correct most of them was asking ridicoulus amount of money and even couple of people on this forum tried to sell there services n askng for crazy money for declaration etc, but luckily I found one solicitor and se was much beter thn others and very very reasonable money she made 2 copies of declarations and explained it all to me and also check the document and application form I have already submited, this is something solicitors don't do at all without charging there consultancy fees etc.


Regards




business genius wrote:Hi Rehan
Declaration is required and is clearly written in the rules.The solicitors dont have enough knowledge so just want to make money.I went to few soliciotrs and they asked huge amount of money and i ask why to pay too much,he said u r using our name on the app.I said if i do it myself then it would be better instead of using ur name.
Current director report is the must submit document.
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Postby business genius » Fri Mar 29, 2013 10:25 pm

Declaration is required in 3rd party funding or if funds are out of country.But if funds are in Uk then joint accounts for business partners or single account for an entrepreneur.Event he UK bank statement is enough,no need to take any letter.Banks are also not issuing letters.
I simply used the UK bank statement printed from the machine at Barclays and get it stamped from there.Relationship officer was saying the stamp is enough.Bank will not issue any letter.Then i cross check in rules and its there that you can use print out with bank stamp.
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Postby business genius » Fri Mar 29, 2013 10:26 pm

Declaration is required in 3rd party funding or if funds are out of country.But if funds are in Uk then joint accounts for business partners or single account for an entrepreneur.Event he UK bank statement is enough,no need to take any letter.Banks are also not issuing letters.
I simply used the UK bank statement printed from the machine at Barclays and get it stamped from there.Relationship officer was saying the stamp is enough.Bank will not issue any letter.Then i cross check in rules and its there that you can use print out with bank stamp.
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Postby shazdar » Fri Mar 29, 2013 11:36 pm

i apply my visa wth out solicitor and received decision after two weeks and i habeen granted visa. i think if u understand UKBA rules then you do,nt need solicitor
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Postby rehan01 » Sat Mar 30, 2013 4:08 pm

Hi business genius,

Policy guidance is not clear about this declaration in case of funds are eld in joint bank account ... But yes for third party you definately need declaration and bank letter whic is very clearly written in policy guidance.


But if someone applying as entrepreneurial team and funds are held in joint bank account I personally think no declaration is required at all bcz funds in joint account and joint account give full access to both applicant/ team member same access to funds and account that is why I think don't need any declaration and thts wy I never submitted any with initial application.


But later someone on this forum posted that he got his visa refused just bcz of declaration .... I got worried and decided to get declaration done and send it to ukba as additional document which is not recommended by ukba unless thy ask u to send additional docs.


Anyway now my understanding is better to send declaration even if funds in joint account bcz it will not effect the application but atleast thy can not refuse bcz of declaration.

Even different solicitors got different opinion abt this and some say yes u need some said u don't need coz funds in joint bank account of both team memebers but I found one local solicitor and she told me tht there is no harm in sending one now even if thy dnt consider and refuse ur visa bcz of this thn it will be very helpful in appeal and court later.


But again there is nothing clearly mention in regards to this in policy guidance and if I am wrong n missing something here plz correct me.

Regards

business genius wrote:Declaration is required in 3rd party funding or if funds are out of country.But if funds are in Uk then joint accounts for business partners or single account for an entrepreneur.Event he UK bank statement is enough,no need to take any letter.Banks are also not issuing letters.
I simply used the UK bank statement printed from the machine at Barclays and get it stamped from there.Relationship officer was saying the stamp is enough.Bank will not issue any letter.Then i cross check in rules and its there that you can use print out with bank stamp.
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Postby business genius » Sat Mar 30, 2013 4:59 pm

Hi Rehan
You are right it is better to take extra care.When there is doubt better to submit it.But when you send additional documents give reference of your file number and copy of acknowledgement letter.

i am also worried i have not submitted website details as i cant find time to manage it.Now i am thinking to get website done and send them the print out of it.Why to give them chance to take decision against me...
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