Visa Refused on 12 December 2014

Read refusal reasons, made me laughed with shock. Simple is that, they wanted to refuse it. Without thorough reading business plan and contracts in detail, HO made their decision on their own based assumptions. Without considering full answers in the interview, they just picked a single sentence from interview paragraph and made their decisions... I'm not satisfied with their labelled rejection reasons. Anyhow, full refusal points are stated below.... I have been given appeal right to be lodged within 14 days.

Applied: 19/08/2014
Acknowledgment: 28/08/2014
Biometrics: 03/09/2014
Interview Date: 15/10/2014
Decision : visa Refused: 12 Dec 2014
Appeal Right Given

Refusal Points

Home office Points

(i) THE EVIDENCE THE APPLICANT HAS SUBMITTED;

You have submitted the following evidence with your application:
- Print outs from Company Website
- Prints out from online Advertising
- Barclays bank statements for maintenance
- Bank statement and letter from XYZ Bank (overseas)
- Affidavits regarding the funds available
- MBA in Financial Management from the University of Wales
- BSc From Oxford Brookes University and various other educational certificates
- Customers Survey form
- Business Insurance Schedule from Matlings Insurnace
- Certificate of Employers Liability Insurance From Finsbruy Insurance Group
- Invoices
- Contracts Between Clients
- Accountants Letter from Certified Accountant
- Management Accounts
- Copies of Business Bank Statements from Lloyds TSB Bank
- Personal Statement
- Curriculum Vitae
- Reference letters from ex ex-employers
- Companies House documentation
- Letter from HM Revenues and Customs
- Contract with Legal Advisor
- Tenancy Agreement
- Business Plan (Detailed 110 Pages)
- Business Stationery

(ii) THE VIABILITY AND CREDIBILITY OF THE SOURCE OF THE MONEY REFERRED TO IN TABLE 4 OF APPENDIX A;

You have stated that you have £50,000 available for investment in your business, XYZ Ltd. You stated that “It’s our family money they it to us and it’s £25,000 and £25,000. You were asked why you have not yet transferred the funds to the UK, you stated “as team members we discussed it and decided that funds should be overseas, our nature of business is a service industry and our initial cost is minimal, what we are doing is only selling our talent....” you appear to imply that funds are not necessary for you business.
Your answers at interview, together with fact that funds have still not been transferred to the UK, despite your statement that “ My business is more than a year old”, casts doubt on your intention to invest these funds in your UK business.

(iii) THE VIABILITY AND CREDIBILITY OF THE SOURCE OF THE APPLICANT’S BUSINESS PLANS AND MARKET RESEARCH INTO THEIR CHOSEN BUSINESS SECTOR;

Contract:

You have provided four contracts with your application, with XYZ 1, XYZ 2, XYZ 3 and XYZ 4 Company.
When questioned at interview about the amount of money that each contract generates, you stated “We providing them in a form of packages, the minimum is £700 and the average £800, we try the best to go for an hourly rate but it doesn’t work for a starting company”. However, the information in your business plan shows that the majority of services, including book-keeping, business analysis and financial management, are charge at an hourly rate.

It is noted that there are spelling mistakes in the contracts provided, notable in the addresse3s for XYZ 3 and XYZ 4 Company.
According to your business plan, your “ package offer rate is fixed for £700 to XYZ 2 Company maximum hours at 20 hrs per week in the package, therefore, we charge an average rate £35 per hour”. According to the contract with XYZ 2 Company, “The client will pay the service Provider a total of £575 minimum on completion of each job (service); it includes maximum 4 hours per week”. This also contradicts your statement at interview that “the minimum is £700”.

When questioned at interview about how much money you have received from the contracts, you stated that “the minimum is £2100 per month”. The contracts refer to the £700 and £800 as being paid “on completion of each job”, rather than on a monthly basis.

Business Plan:

The Business Plan is dated 12 August 2014, just two days before the application was made to the Home Office for a Tier 1 Entrepreneur Visa. It appears that the business plan was written for the purpose of obtaining a visa, rather than for the planning of your business, which was established in July 2013

Market Research:

When questioned about your market research, you stated that you “studied our competitors very thoroughly and the needs of your clients and we studied how are clients treated by our competitors and that the client is not fully serviced there....”. You did not give any clear indication of what research you had done, or any specific findings.

You stated that there “are more or less 40 competitors” offering a similar service. After being asked three times, you stated that clients will come to your business because “We are more friendly are more flexible”. We do not consider this to be a credible answer as it shows a lack of understanding of the business.

We are not satisfied that you have undertaken sufficient market research into your chosen area.

@asfan123

sorry to hear about ur visa refusal.

“as team members we discussed it and decided that funds should be overseas, our nature of business is a service industry and our initial cost is minimal, what we are doing is only selling our talent....”

this was the main reason for your visa refusal, if you read guidelines carefully there is condition that u have to transferred money in UK and also if you followed overseas bank letter template in which there is clearly written that money should be disposable in UK then how can you answer them in ur interview that ur business does not require any investment ? you should know that they are giving us visa not just for our services in business but for our investment plus services(in business).
my advise is get a good lawyer and discuss this point with them and if they call you for court hearing then prove there that this was not ur mean that u will not bring investment in UK.

best of luck.

[quote="danikhn83"]@asfan123

Thanks Danikhn83,

They have not mentioned the sentences i have stated before and after this. This was part of explaining to the interviewer.... I will request for a copy of my interview and hopefully will justify this point. Thank you for your advice

HO is right to refuse u here. U seem to be over confident.

They are technically right my friend badluck

why you have dated the business plan??
if you doing business for a year then why you saying this is starting company:
when you were asked how much money you have received from contracts you answered £2100 per month....700+800 = 1500. How it became 2100

you can beat your 40 competitors by only being friendly and more flexible....can't believe that

there are so many other clashing statements in your post.....you need a very good lawyer to cover all these points.

Sorry to hear that, was that ur first applicaton

Hi Asfan123, Sorry to hear that. if you believe they have hand picked only those sentences, that went in favor of HO then you can request for a transcript of your interview from HO. You should have asked about it straight after interview though if have not done so already. May be you can find something to defend your case further. In addition to that and based on the information above I would suggest you to seek professional accountant advise of how to mould the situation here and how to put things back in place in terms of business plan and money to transfer here in UK. Good luck with proceedings.

Also forgot to mention above... Thanks for sharing and putting some light on your particular case in such a detailed way. Am sure you will find some useful information by the course of time.