Refusal - URGENT HELP NEEDED PLEASE

mami01 · Post by **mami01** » Thu Feb 22, 2018 11:28 pm

Following my previous post, I have received refusal letter today.

Timeline

Applied Feb 2017

Bio submitted March 2017

Interview Sept 2017

Partial IHS refund received on 19/02/2018

Refusal letter received on 22/02/2018 (letter dated 16/02/2018) with opportunity to apply for admin review.

Refusal points:

1. You stated to the UKVI officer your business premises is not a virtual office and you hire the room from time to time, usually 3 times a week where you have meetings with staff and work as required. It is concern as the UKVI officer noted that you were not able to provide a copy of the lease or any other documents to confirm you rent the office at .... In addition, the UKVI officer noted that the receptionist stated that ... (applicant) rented a virtual office from Regus and had booked a room for the visit. This leads us to question the credibility and viability of your business.

2. UKVI officer noted that you were only able to provide 1 copy of a client contract. It would be reasonable to expect you to be able to produce documents of this nature for all clients in view of the fact that you are the sole director of your company. The fact that you did not have this information on file leads us to question the credibility and viability of your business.

Based on the above consideration, the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing on the balance of probabilities, the points listed at paragraph 245DD(I) of the immigration rules.

Please note that there was very short notice of HO visit to office & I was unable to locate office lease at the time. I was not told to email or post it.

I also had only 1 readily available contract at the time which I explained to the UKVI officer.

All other points were awarded.

Please can you advice my chances at AR or fresh application. Thanks

Momi · Post by **Momi** » Thu Feb 22, 2018 11:49 pm

I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

mami01 · Post by **mami01** » Thu Feb 22, 2018 11:58 pm

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

10 years will be completed in 2 years. Any advice on how I can go around this pls.

I run a management consultancy business.

bizman · Post by **bizman** » Fri Feb 23, 2018 12:27 am

They spoke to the virtual office company and they confirmed you rented the place for that meeting. If you truly use the place all the time they should have a record of your lease or rent. Get that and send to HO for AR.
If you have other clients that you run contract with, talk to all of them, list them in your AR and especially their contact details. And just hope for the best.

marcnath · Post by **marcnath** » Fri Feb 23, 2018 7:15 am

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

The problem does not appear to be the fact the OP has a virtual office (many others here have got their extension with virtual offices).

The claim is a discrepancy between what the OP claimed (that it is not a virtual office) and the information available (reception said it was a virtual office).

To be clear, if you have not hired an office full time at Regus, it is a virtual office - it does not matter if you rent a meeting room every day.

If it is actually not a virtual office and you have the documentation for that, then there is grounds to argue that you should have been given time to produce the documents.

On the other hand, if you had told the interviewer it is a virtual office and the interviewer had misheard, you can argue on that basis - tougher but could be acceptable.

Point 2 is also arguable on the basis of not being given time.

Genuineness tests are never one point. It is also tough to argue as it is more subjective than objective. But that is true on both sides. Not sure if a genuineness test has every faced JR - I suspect HO will have a tough time defending these decisions without clear facts, even if the rules give HO a very huge leeway to make that decision.

Momi · Post by **Momi** » Fri Feb 23, 2018 8:42 am

@marcnath you are absolutely right.
I personally don't think that home office can defend only this reason in JR if OP provide them the lease or whatever agreement he has, but I'm quite clear AR will not be overturned.

mami01 · Post by **mami01** » Fri Feb 23, 2018 9:04 am

Momi wrote: ↑
Fri Feb 23, 2018 8:42 am
@marcnath you are absolutely right.
I personally don't think that home office can defend only this reason in JR if OP provide them the lease or whatever agreement he has, but I'm quite clear AR will not be overturned.

@momi I documents I submitted with the application such as job adverts, email inviting staff for interview prior to employing them, HMRC correspondence/documents, business cards and flyers show that my business has been making use of Regus services for over 2 years prior to my application. Do you think this could help at AR?

Evicra · Post by **Evicra** » Fri Feb 23, 2018 11:24 am

business cards and flyers show that my business has been making use of Regus services for over 2 years prior to my application. Do you think this could help at AR?

i think you kinda look genuine user of Regus serivces as you have been using their place for two years.
you must have lots of emails, payments receipts ets frm regus. payment receipts comes with terms and condition, even if you didn't have agreement with them to rent, go through that terms and conditions . you will find some thing worth relying on in your AR and if needed in JR. in my view your case should have got evidential flexibility applied . which they didn't.

marcnath · Post by **marcnath** » Fri Feb 23, 2018 2:23 pm

mami01 wrote: ↑
Fri Feb 23, 2018 9:04 am

@momi I documents I submitted with the application such as job adverts, email inviting staff for interview prior to employing them, HMRC correspondence/documents, business cards and flyers show that my business has been making use of Regus services for over 2 years prior to my application. Do you think this could help at AR?

The questions I have are
1) Is your agreement with Regus a Virtual Office agreement or an Office Rental agreement ?
2) Did you tell the interviewer that it is NOT a virtual office ?
3) Did you tell the interviewer that you use the rooms three days a week usually and can you support that ?

It is 2) and 3) that is causing you problems, not 1).

I appreciate people are nervous in these circumstances and try to answer what they believe HO wants to hear - that is definitely a bad approach. I hope that is not your case.

sassybee · Post by **sassybee** » Fri Feb 23, 2018 10:48 pm

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

There is no problem with using virtual office. I used VO and got mine a couple of others have also used VO and have been granted visa. The issue here is specific to the OP.

sm12 · Post by **sm12** » Sun Feb 25, 2018 2:11 am

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

There was a case recently where the applicant had a virtual office and was interviewed there, and still succeeded in getting an extension. I'll post it if I see it again.

mami01 · Post by **mami01** » Mon Apr 23, 2018 6:22 pm

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?

mami01 wrote: ↑
Thu Feb 22, 2018 11:28 pm
Following my previous post, I have received refusal letter today.

Timeline

Applied Feb 2017

Bio submitted March 2017

Interview Sept 2017

Partial IHS refund received on 19/02/2018

Refusal letter received on 22/02/2018 (letter dated 16/02/2018) with opportunity to apply for admin review.

Refusal points:

1. You stated to the UKVI officer your business premises is not a virtual office and you hire the room from time to time, usually 3 times a week where you have meetings with staff and work as required. It is concern as the UKVI officer noted that you were not able to provide a copy of the lease or any other documents to confirm you rent the office at .... In addition, the UKVI officer noted that the receptionist stated that ... (applicant) rented a virtual office from Regus and had booked a room for the visit. This leads us to question the credibility and viability of your business.

2. UKVI officer noted that you were only able to provide 1 copy of a client contract. It would be reasonable to expect you to be able to produce documents of this nature for all clients in view of the fact that you are the sole director of your company. The fact that you did not have this information on file leads us to question the credibility and viability of your business.

Based on the above consideration, the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing on the balance of probabilities, the points listed at paragraph 245DD(I) of the immigration rules.

Please note that there was very short notice of HO visit to office & I was unable to locate office lease at the time. I was not told to email or post it.

I also had only 1 readily available contract at the time which I explained to the UKVI officer.

All other points were awarded.

Please can you advice my chances at AR or fresh application. Thanks

Hi everyone,

I want to sincerely thank you all for comments and suggestions.

Previous rejection was overturned at AR and my visa has now been approved.

I want to advise anyone going for interview to take proper notes or record of all answers provided as I found out in my case that HO actually lied against me in point 1 of the refusal letter as earlier posted. Although I do not know if this was a genuine error on the part of the interviewer.

I was really upset and made a complaint with regards to the refusal. I also sent my virtual office agreement and contracts as I was not told to post it after interview.

Whilst the complaint was rejected, my visa was approved and I have received docs and BRP.

Thank u all

kaps84 · Post by **kaps84** » Mon Apr 23, 2018 8:07 pm

mami01 wrote: ↑
Mon Apr 23, 2018 6:22 pm

Hi everyone,

I want to sincerely thank you all for comments and suggestions.

Previous rejection was overturned at AR and my visa has now been approved.

This is great news. Congratulations !!

So you did AR and sent a complaint against the interviewer?

Would you be kind enough to let us know what argument you provided in the AR ?

and

If you can recall and share your interview experience ?

heyaheya · Post by **heyaheya** » Mon Apr 23, 2018 8:13 pm

mami01 wrote: ↑
Mon Apr 23, 2018 6:22 pm

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?
mami01 wrote: ↑
Thu Feb 22, 2018 11:28 pm
Following my previous post, I have received refusal letter today.

Timeline

Applied Feb 2017

Bio submitted March 2017

Interview Sept 2017

Partial IHS refund received on 19/02/2018

Refusal letter received on 22/02/2018 (letter dated 16/02/2018) with opportunity to apply for admin review.

Refusal points:

1. You stated to the UKVI officer your business premises is not a virtual office and you hire the room from time to time, usually 3 times a week where you have meetings with staff and work as required. It is concern as the UKVI officer noted that you were not able to provide a copy of the lease or any other documents to confirm you rent the office at .... In addition, the UKVI officer noted that the receptionist stated that ... (applicant) rented a virtual office from Regus and had booked a room for the visit. This leads us to question the credibility and viability of your business.

2. UKVI officer noted that you were only able to provide 1 copy of a client contract. It would be reasonable to expect you to be able to produce documents of this nature for all clients in view of the fact that you are the sole director of your company. The fact that you did not have this information on file leads us to question the credibility and viability of your business.

Based on the above consideration, the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing on the balance of probabilities, the points listed at paragraph 245DD(I) of the immigration rules.

Please note that there was very short notice of HO visit to office & I was unable to locate office lease at the time. I was not told to email or post it.

I also had only 1 readily available contract at the time which I explained to the UKVI officer.

All other points were awarded.

Please can you advice my chances at AR or fresh application. Thanks

Hi everyone,

I want to sincerely thank you all for comments and suggestions.

Previous rejection was overturned at AR and my visa has now been approved.

I want to advise anyone going for interview to take proper notes or record of all answers provided as I found out in my case that HO actually lied against me in point 1 of the refusal letter as earlier posted. Although I do not know if this was a genuine error on the part of the interviewer.

I was really upset and made a complaint with regards to the refusal. I also sent my virtual office agreement and contracts as I was not told to post it after interview.

Whilst the complaint was rejected, my visa was approved and I have received docs and BRP.

Thank u all

So happpy for u. Welldone! Did u write AR urself and what did u write in complain. Ur an example now... guide others as well plz.

sm12 · Post by **sm12** » Mon Apr 23, 2018 8:35 pm

Congratulations!

What points did you make about having a virtual office?

miumiuuk · Post by **miumiuuk** » Mon Apr 23, 2018 10:07 pm

congrats!!!

FYI
complaints against result will not be accepted.
Please do not file a complaint about the refusal.

mami01 · Post by **mami01** » Tue Apr 24, 2018 1:41 am

sm12 wrote: ↑
Mon Apr 23, 2018 8:35 pm
Congratulations!

What points did you make about having a virtual office?

My argument was that my business provides consultancy and training service for SMEs and individuals across the country. As such, I needed a virtual office that would provide access to office space across multiple locations as needed.

My experience in this instance makes it clear that HO cannot be trusted at all in making fair judgements and interviewing applicants is just an opportunity for them to find silly excuses for refusal.

I am so happy my visa was approved. Applicants going through interview need to be very prayerful and make sure they keep clear notes of their interview answers.

mami01 · Post by **mami01** » Tue Apr 24, 2018 1:43 am

heyaheya wrote: ↑
Mon Apr 23, 2018 8:13 pm

mami01 wrote: ↑
Mon Apr 23, 2018 6:22 pm

Momi wrote: ↑
Thu Feb 22, 2018 11:49 pm
I always thought that virtual office means trouble and it's proven in your case.
When you completing your 10 years?
mami01 wrote: ↑
Thu Feb 22, 2018 11:28 pm
Following my previous post, I have received refusal letter today.

Timeline

Applied Feb 2017

Bio submitted March 2017

Interview Sept 2017

Partial IHS refund received on 19/02/2018

Refusal letter received on 22/02/2018 (letter dated 16/02/2018) with opportunity to apply for admin review.

Refusal points:

1. You stated to the UKVI officer your business premises is not a virtual office and you hire the room from time to time, usually 3 times a week where you have meetings with staff and work as required. It is concern as the UKVI officer noted that you were not able to provide a copy of the lease or any other documents to confirm you rent the office at .... In addition, the UKVI officer noted that the receptionist stated that ... (applicant) rented a virtual office from Regus and had booked a room for the visit. This leads us to question the credibility and viability of your business.

2. UKVI officer noted that you were only able to provide 1 copy of a client contract. It would be reasonable to expect you to be able to produce documents of this nature for all clients in view of the fact that you are the sole director of your company. The fact that you did not have this information on file leads us to question the credibility and viability of your business.

Based on the above consideration, the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing on the balance of probabilities, the points listed at paragraph 245DD(I) of the immigration rules.

Please note that there was very short notice of HO visit to office & I was unable to locate office lease at the time. I was not told to email or post it.

I also had only 1 readily available contract at the time which I explained to the UKVI officer.

All other points were awarded.

Please can you advice my chances at AR or fresh application. Thanks

Hi everyone,

I want to sincerely thank you all for comments and suggestions.

Previous rejection was overturned at AR and my visa has now been approved.

I want to advise anyone going for interview to take proper notes or record of all answers provided as I found out in my case that HO actually lied against me in point 1 of the refusal letter as earlier posted. Although I do not know if this was a genuine error on the part of the interviewer.

I was really upset and made a complaint with regards to the refusal. I also sent my virtual office agreement and contracts as I was not told to post it after interview.

Whilst the complaint was rejected, my visa was approved and I have received docs and BRP.

Thank u all
So happpy for u. Welldone! Did u write AR urself and what did u write in complain. Ur an example now... guide others as well plz.

Yes I wrote AR myself as I know my business better than anyone else. Will post the AR later to guide others in similar situation

heyaheya · Post by **heyaheya** » Tue Apr 24, 2018 8:53 am

great stuff mami... plus u have done AR urself.. yes u must share what u have written in ur AR. now u will be guiding applicants in this situation. take care and enjoy , good luck for ur future,

sm12 · Post by **sm12** » Wed Apr 25, 2018 3:43 pm

It would be great if you could share your AR points here, with the confidential bits removed of course. Thank you.

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