Dear Zimba,
I really appreciate your quick response on all of my previous posts, i am writing further information for my case here that may help someone or someone may assist me .
I am sole proprietor and invested around 88k but case worker misunderstood the nature of business and treat it company accounts. They refused my extension application as HO objects my NAME doesn't appear opposite to the investment or investment doesn't show my name.
Since my name was appeared on all pages of accounts ( provided 4 years accounts) and business status is sole trader, neither a limed company nar a partnership so obviously no other organisation or person have interest in the business except the owner ( sole trader) so all figures including CAPITAL INTRODUCED were relate to the owner of the business that were further verified by the personal and business bank statements as money were transferred as Capital Introduced.
In sole trader accounts , money came from third party will come under CREDITORS as there is no option for investment in sole trader accounts except the owner of the business.
Most important point, HO accepted 5k investment at the time of initial application but the accounts format were same as my name didn't appear in front of capital introduced as my full name was mentioned on all pages of financial statements.
There is contradiction on home office decision as one document they are accepting as investment but other document in same formate rejected.
I am the sole owner of the business and that any investments in the business MUST therefore come from me not third party.
My case was very strong and i was 100% confident while applying AR that HO may overturn their decision but unfortunately (my bad luck) my solicitor messed with my case and didn't raise most important points at AR.I hired a solicitor from Manchester (xxxxx Solicitors) and explained him everything. My accountant (accountant is my cousin) specifically told him that what points need to be raised in AR application. Accountant also provided supporting letter that need to be sent with the AR application. Unfortunately Solicitor didn't raise any points ,he also didn't bother to forward accountant letter to clarify above points.
I received second refusal from the home office with solicitors presentation, i was shocked after reviewing solicitor's presentations that was totally irrelevant to the objection made by the HO.I can even prepare a better case as compare to solicitor's letter. He took one £1000 fee and just sent two paragraph's letter to HO.
I believe xxxxxxx Solicitors deliberately messed with my case in order to squeeze more money in JR or in court.
I straight away changed my solicitor and hired another well known solicitor from Liverpool.I feel confident with new Solicitor and he assured me that my case is very strong as case worker misunderstood the nature of business .
I spent around £5000 and case has been lodged in court.
I will update in future if i have any further information regarding my case.
Best of luck
zimba88 wrote:shazdar wrote:Unfortunately home office refused my visa with excuse that my name doesn't appear on the accounts and also they said that it wasn't mentioned that capital was injected into the business by myself . My accountant clearly mentioned my name on the accounts and on capital ledger account.
s_r_san wrote:
Since shareholder is not mentioned in accounts as per current accounting practice or requirements for SME
my accountant did not mention my name in accounts as shareholder, but did as director
You both failed to read the guide and the rules and submit exactly what they need. I have said it many many times here that what is acceptable in the world of business as invested will NOT be necessarily enough for HO. Your name MUST appear opposite of the invested amount in the accounts, usually in your accounts notes.
You need to follow the immigration rules meticulously and provide the exact evidence required. You should be able to apply for a new application with correct documents with the required information
