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Tier 1 Entrepreneur- Administrative Review

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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mmff
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Posts: 9
Joined: Fri Sep 12, 2014 6:15 am

Tier 1 Entrepreneur- Administrative Review

Post by mmff » Fri Sep 12, 2014 6:55 am

morning.
submitted my online application on 1-July-14, Bio and paper application done on 4th of July. Interview at BHC Islamabad 26-July, refusal on 28th of July.
Refusal Note:
You attended an interview on xyz-date in connection with your application.
"You have provided financial documents showing you have funds of no less than £200,000. During interview you stated that this money had originated from the sale of ancestral land that had been left to your family by your father who passed away in 2013. You stated that you sold of your share of the land for 36,000,000 PKR (£211,756; onada.com) in june 2014.you were then asked how much you received in cash. You stated ‘I have absolutely no idea’. You were then asked how you received by cheque and you stated ‘I am afraid I cannot remember I received in cheques because the agreement was that they deposit all of the funds into my account and once I check my statement or balance I knew that they have deposited the whole amount then we went to court and made the arrangements for the transfer of the land’. It is reasonable to expect that someone who has sold land to the value of 36,000,000 PKR would have full details of how they received the payments for the land. I note that you have stated that it was paid over a period of time by a combination of cash, cheque and bank transfer but given the absence of documentary evidence of the sale and your lack of knowledge regarding the payments, I am not satisfied that the source of your funds is viable or credible.
You stated that you intend to set up a courier company, You further stated that you would only deal with delivering parcels received from retailers that are being delivered to customers. You stated that you had not approached any retailers about the services that you would offer.
Your lack of knowledge and research demonstrated at interview means that I am not satisfied that your business proposal is viable or credible.
Given all of this I am not satisfied that the funds you hold are genuinely available to you, that you genuinely intend to invest the money in a business or business in the UK or that you genuinely intend to establish or take over a business or businesses in the UK. As a result you have not scored a minimum of 75 points as required under Appendix A of the Immigration Rules. I therefore refuse your application under sub-paragraphs (b), (f) (g) and (i) of paragraph 245DB of the Immigration Rules."

11 July 14, received from BHC Islamabad, asking about if i submitted any tax-returns. to which i replied, "I didn't. because i was working for my (late) father and he would pay me (pocket money) to cover my expenses, and after he passed away (last year) i got my share of property (agricultural land) of which i sold some". Been living with family, and father took care of everything.
At the interview, ECO never asked about proof for "sale of land", "where funds originated" etc. Was never asked to submit any documents related to sale of land.
I am wondering is it a big mistake as not to remember the break-down of payments received, as ECO expected me to acknowledge much i received in Cash-Bank Transfer-Cheque.
Any ideas/help be really appreciated.
Jazak-Allah

mmff
Newly Registered
Posts: 9
Joined: Fri Sep 12, 2014 6:15 am

Re: Tier 1 Entrepreneur- Administrative Review

Post by mmff » Fri Sep 12, 2014 11:43 am

mmff wrote:morning.
submitted my online application on 1-July-14, Bio and paper application done on 4th of July. Interview at BHC Islamabad 26-July, refusal on 28th of July.
Refusal Note:
You attended an interview on xyz-date in connection with your application.
"You have provided financial documents showing you have funds of no less than £200,000. During interview you stated that this money had originated from the sale of ancestral land that had been left to your family by your father who passed away in 2013. You stated that you sold of your share of the land for 36,000,000 PKR (£211,756; onada.com) in june 2014.you were then asked how much you received in cash. You stated ‘I have absolutely no idea’. You were then asked how you received by cheque and you stated ‘I am afraid I cannot remember I received in cheques because the agreement was that they deposit all of the funds into my account and once I check my statement or balance I knew that they have deposited the whole amount then we went to court and made the arrangements for the transfer of the land’. It is reasonable to expect that someone who has sold land to the value of 36,000,000 PKR would have full details of how they received the payments for the land. I note that you have stated that it was paid over a period of time by a combination of cash, cheque and bank transfer but given the absence of documentary evidence of the sale and your lack of knowledge regarding the payments, I am not satisfied that the source of your funds is viable or credible.
You stated that you intend to set up a courier company, You further stated that you would only deal with delivering parcels received from retailers that are being delivered to customers. You stated that you had not approached any retailers about the services that you would offer.
Your lack of knowledge and research demonstrated at interview means that I am not satisfied that your business proposal is viable or credible.
Given all of this I am not satisfied that the funds you hold are genuinely available to you, that you genuinely intend to invest the money in a business or business in the UK or that you genuinely intend to establish or take over a business or businesses in the UK. As a result you have not scored a minimum of 75 points as required under Appendix A of the Immigration Rules. I therefore refuse your application under sub-paragraphs (b), (f) (g) and (i) of paragraph 245DB of the Immigration Rules."

11 July 14, received from BHC Islamabad, asking about if i submitted any tax-returns. to which i replied, "I didn't. because i was working for my (late) father and he would pay me (pocket money) to cover my expenses, and after he passed away (last year) i got my share of property (agricultural land) of which i sold some". Been living with family, and father took care of everything.
At the interview, ECO never asked about proof for "sale of land", "where funds originated" etc. Was never asked to submit any documents related to sale of land.
I am wondering is it a big mistake as not to remember the break-down of payments received, as ECO expected me to acknowledge much i received in Cash-Bank Transfer-Cheque.
Any ideas/help be really appreciated.
Jazak-Allah
ANY EXPERT AROUND?

Islamabad123
Newly Registered
Posts: 13
Joined: Fri Aug 01, 2014 7:06 pm

Re: Tier 1 Entrepreneur- Administrative Review

Post by Islamabad123 » Fri Sep 12, 2014 12:33 pm

Dear, if you got time contact me on mehdishah1979@gmail.com will help you what ever I got information regarding tier 1. Leave me your cell no and skype address .

mmff
Newly Registered
Posts: 9
Joined: Fri Sep 12, 2014 6:15 am

Re: Tier 1 Entrepreneur- Administrative Review

Post by mmff » Fri Sep 12, 2014 12:58 pm

any other expert around

cpmlkhan
Member of Standing
Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: Tier 1 Entrepreneur- Administrative Review

Post by cpmlkhan » Sat Sep 13, 2014 9:32 pm

mmff wrote:morning.
submitted my online application on 1-July-14, Bio and paper application done on 4th of July. Interview at BHC Islamabad 26-July, refusal on 28th of July.
Refusal Note:
You attended an interview on xyz-date in connection with your application.
"You have provided financial documents showing you have funds of no less than £200,000. During interview you stated that this money had originated from the sale of ancestral land that had been left to your family by your father who passed away in 2013. You stated that you sold of your share of the land for 36,000,000 PKR (£211,756; onada.com) in june 2014.you were then asked how much you received in cash. You stated ‘I have absolutely no idea’. You were then asked how you received by cheque and you stated ‘I am afraid I cannot remember I received in cheques because the agreement was that they deposit all of the funds into my account and once I check my statement or balance I knew that they have deposited the whole amount then we went to court and made the arrangements for the transfer of the land’. It is reasonable to expect that someone who has sold land to the value of 36,000,000 PKR would have full details of how they received the payments for the land. I note that you have stated that it was paid over a period of time by a combination of cash, cheque and bank transfer but given the absence of documentary evidence of the sale and your lack of knowledge regarding the payments, I am not satisfied that the source of your funds is viable or credible.
You stated that you intend to set up a courier company, You further stated that you would only deal with delivering parcels received from retailers that are being delivered to customers. You stated that you had not approached any retailers about the services that you would offer.
Your lack of knowledge and research demonstrated at interview means that I am not satisfied that your business proposal is viable or credible.
Given all of this I am not satisfied that the funds you hold are genuinely available to you, that you genuinely intend to invest the money in a business or business in the UK or that you genuinely intend to establish or take over a business or businesses in the UK. As a result you have not scored a minimum of 75 points as required under Appendix A of the Immigration Rules. I therefore refuse your application under sub-paragraphs (b), (f) (g) and (i) of paragraph 245DB of the Immigration Rules."

11 July 14, received from BHC Islamabad, asking about if i submitted any tax-returns. to which i replied, "I didn't. because i was working for my (late) father and he would pay me (pocket money) to cover my expenses, and after he passed away (last year) i got my share of property (agricultural land) of which i sold some". Been living with family, and father took care of everything.
At the interview, ECO never asked about proof for "sale of land", "where funds originated" etc. Was never asked to submit any documents related to sale of land.
I am wondering is it a big mistake as not to remember the break-down of payments received, as ECO expected me to acknowledge much i received in Cash-Bank Transfer-Cheque.
Any ideas/help be really appreciated.
Jazak-Allah
Hello mmff,

I am sorry to hear about your refusal. Yes Its a mistake as not to remember that how did you receive your payments. because its not small amount according to ECO. Infact according the above mentioned interview answers You was not clear. You was not supposed to say that I have no idea etc. I have done couple of cases out side the UK and always prepare my clients for interview. But when time is not with you nothing you can do. I do not think so that AR will help you. You need to prepare another file but strong one.

BEST OF LUCK

MTZ510
Member of Standing
Posts: 312
Joined: Wed Feb 27, 2013 11:24 am
Location: Leeds, United Kingdom

Re: Tier 1 Entrepreneur- Administrative Review

Post by MTZ510 » Sat Sep 13, 2014 11:22 pm

mmff wrote:any other expert around
Not an expert but the ECO was trying to assess your genuineness and he might have heard the same story a number of times, for that he wanted you to sound convincing and confident but unfortunately you weren't.

I wonder whether the source of funds which you had mentioned was really your actual situation or you read it on forum or may be some consultant or XYZ gave you this story to sell ? if its your actual situation then you should have known the facts.

I got my Tier 1 Visa from Islamabad with identical source of funds, and the ECO asked me every possible question to assess whether what i was saying is true or not. I had with me the court order of transfer of property to legal heirs and the proof funds transfer from my family members who were also the legal heirs along with relinquishment deed signed in front of registrar mentioning i am giving away my right to the family property against the money received from the family members.
The bank transfer from family members to my account were already there with original application.

Regarding Admin review i know few cases which were rejected from Islamabad were later successful in Admin Review as the money remained in the account for that much time, but as you said that they asked for tax returns and you didn't had any because your father was looking after you, i am afraid all this will not help your case.
Hope for the best but prepare for worst ( a reapplication).
Always help others..... it always come back to you.
Even if i know the answer ... i have this habit of confirming from others..

MTZ510
Member of Standing
Posts: 312
Joined: Wed Feb 27, 2013 11:24 am
Location: Leeds, United Kingdom

Re: Tier 1 Entrepreneur- Administrative Review

Post by MTZ510 » Sat Sep 13, 2014 11:49 pm

cpmlkhan wrote: Hello mmff,
You need to prepare another file but strong one.

BEST OF LUCK
Remember one thing while reapplying you cannot change your story which you had told earlier its all part of record. Yes you can remove loop holes in your business plan refine it with more competitor analysis and identifying the clients but you have to stick to your sources of funds story.
And one thing which really went against you is the fact that you were dependent on your father and he was giving you pocket money and meeting your living expenses. Is it an agricultural land? if yes isn't agriculture income exempt from tax in Pakistan? i wish you have shown some maturity while replying.

You still have a chance in Admin Review and should go for it.

Best of Luck
Always help others..... it always come back to you.
Even if i know the answer ... i have this habit of confirming from others..

mmff
Newly Registered
Posts: 9
Joined: Fri Sep 12, 2014 6:15 am

Re: Tier 1 Entrepreneur- Administrative Review

Post by mmff » Sun Sep 14, 2014 3:12 pm

cpmlkhan wrote:
mmff wrote:morning.
submitted my online application on 1-July-14, Bio and paper application done on 4th of July. Interview at BHC Islamabad 26-July, refusal on 28th of July.
Refusal Note:
You attended an interview on xyz-date in connection with your application.
"You have provided financial documents showing you have funds of no less than £200,000. During interview you stated that this money had originated from the sale of ancestral land that had been left to your family by your father who passed away in 2013. You stated that you sold of your share of the land for 36,000,000 PKR (£211,756; onada.com) in june 2014.you were then asked how much you received in cash. You stated ‘I have absolutely no idea’. You were then asked how you received by cheque and you stated ‘I am afraid I cannot remember I received in cheques because the agreement was that they deposit all of the funds into my account and once I check my statement or balance I knew that they have deposited the whole amount then we went to court and made the arrangements for the transfer of the land’. It is reasonable to expect that someone who has sold land to the value of 36,000,000 PKR would have full details of how they received the payments for the land. I note that you have stated that it was paid over a period of time by a combination of cash, cheque and bank transfer but given the absence of documentary evidence of the sale and your lack of knowledge regarding the payments, I am not satisfied that the source of your funds is viable or credible.
You stated that you intend to set up a courier company, You further stated that you would only deal with delivering parcels received from retailers that are being delivered to customers. You stated that you had not approached any retailers about the services that you would offer.
Your lack of knowledge and research demonstrated at interview means that I am not satisfied that your business proposal is viable or credible.
Given all of this I am not satisfied that the funds you hold are genuinely available to you, that you genuinely intend to invest the money in a business or business in the UK or that you genuinely intend to establish or take over a business or businesses in the UK. As a result you have not scored a minimum of 75 points as required under Appendix A of the Immigration Rules. I therefore refuse your application under sub-paragraphs (b), (f) (g) and (i) of paragraph 245DB of the Immigration Rules."

11 July 14, received from BHC Islamabad, asking about if i submitted any tax-returns. to which i replied, "I didn't. because i was working for my (late) father and he would pay me (pocket money) to cover my expenses, and after he passed away (last year) i got my share of property (agricultural land) of which i sold some". Been living with family, and father took care of everything.
At the interview, ECO never asked about proof for "sale of land", "where funds originated" etc. Was never asked to submit any documents related to sale of land.
I am wondering is it a big mistake as not to remember the break-down of payments received, as ECO expected me to acknowledge much i received in Cash-Bank Transfer-Cheque.
Any ideas/help be really appreciated.
Jazak-Allah
Hello mmff,

I am sorry to hear about your refusal. Yes Its a mistake as not to remember that how did you receive your payments. because its not small amount according to ECO. Infact according the above mentioned interview answers You was not clear. You was not supposed to say that I have no idea etc. I have done couple of cases out side the UK and always prepare my clients for interview. But when time is not with you nothing you can do. I do not think so that AR will help you. You need to prepare another file but strong one.

BEST OF LUCK
thank you cpmlkhan for your reply.
not being a smart arse, but the actual scenario was (is), i had a munshi and he was (is) taking care of most of the things, as its normal with traditional punjabi culture. as for being statement " i have no idea", i was being honest because i had absolutely no idea. i do have receipt of all the deposits but could not be bothered with remembering the breakdown of transactions. that was the case.
anyway, could you please guide where to submit AR paper ?

Tier 1 Entrepreneur
Newly Registered
Posts: 10
Joined: Wed Sep 24, 2014 12:12 pm

Re: Tier 1 Entrepreneur- Administrative Review

Post by Tier 1 Entrepreneur » Wed Sep 24, 2014 12:26 pm

I applied for Entrepreneur visa - from Dubai last month, Although Got all 95 points, But been refused under genuine ground.


I provided them with a detailed business plan and 4 page statement / covering letter along with other documents with my original application, but it seems ECO didn't see or consider them as all refusal reasons are research, marketing + knowing minimum wage, etc.. (which I believe is absolutely unfair and unrealistic reason to refuse my entrepreneur visa application.

I did some research about appeal and Administrative review and realized you are expert in these matters, I wonder if you can advice me on Administrative Review and possibly helping me to submit this.. ( I know the basic about it, But I have some question about it, e.g;

Can I (-Or you) fax/email request Notice (plus covering letter) to Dubai Entry Clearance or it should be in person or by post ?

Request Notice for Administrative Review that I saw online has a little space to add information (to explain why you think the reason/decision in wrong). * To submit Administrative Review, Can I attach a covering letter, along with it's Official Form (request Notice) to Submit A.D. ?

Plus, can I also send a copy of a 3 page statement that I provided them with my original application ( But I believe they did not see or consider it - it would make it clear for them to understand this as a Genuine entrepreneurial business/visa.)

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