Entrepreneur Visa got Refused

My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

When did ur husband applied for visa
Did he get appeal

I wonder why UKBA is asking for letters for investment funds already held in UK. If you see page question G4 of 22 of T1E application form:

G4. You must provide evidence of the amount of money available to invest. This will be one of the following documents (please confirm how many of each document has been supplied, or put a cross in the box for any document that has not been supplied).

Number of documents

For funds held overseas: A letter from each financial institution holding your funds confirming the amount of money held in that that institution; confirming that it is regulated by the home regulator and that the money is disposable in the UK.

For funds held in the UK only: A letter from each financial institution olding funds confirming the amount of money held in that that institution;
or
For funds held in the UK only: Original bank statement.


Logically, letter from overseas banks are only required to claim 25 points to show that funds are held in a regulated financial institution and letter is required to claim another 25 points to confirm that funds are transferable to the UK but if UK bank statement is provided then these two requirements are automatically met and therefore letter is not required at all.

Your husband case is utterly wrongly refused.


LETTERS FROM BANK ARE ONLY REQUIRED WHEN MONEY IS OVERSEAS. IN CASE OF UK BANK ACCOUNT ONLY BANK STATEMENT IS REQUIRED. AS YOU DO NOT NEED TO PROVE THAT ONE IS TRANFERRABLE TO UK AND REGULATED IN FSA REGULATED BANK. THESE 50 POINTS ARE AUTOMATICALLY GRANTED WHEN MONEY IS IN UK FSA BANK IN UK.

MARK MY WORDS, ALL THESE CASES CAN BE WON ON APPEAL OR ON JUDICIAL REVIEWS. CASEWORKER ARE INCOMPETENT THAT IS WHY WE ARE SEEING THESE REFUSALS. OR CASEWORKERS ARE NOT CORRECTLY INTERPRETING THE POLICY GUIDANCE.

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The above is my analysis and interpretation of guideline which may be wrong or you may disagree with this.
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He applied on 15th of February and Received the decision on 14th March...
He has been here for over 8 years now

Same situation with my friend, refused due to the Bank Letter,,,,,,,,,

It's always good to get 3 documents for showing bank funds

1) Bank Letter (showing bank is govt regulated and money is disposable)
2) Bank Statement (showing money for sponsor)
3) Affidavit (giving you exclusive access to third party funds, if any)

In whatever case. Because, apparently there's no fail safe method and caseworker can really mess things up for you.

Hi

As far as Name on Bank letter is concern i would like share some information with you all. Please see this link.

http://www.whatdotheyknow.com/request/c ... ing-367723

This is just General information.

Regards

Hi when did you apply in which cat...please update the time scale please
Much thanks.

is it not true that you can not apply on basis of third party of the funds are in UK it has to be in your account?

ZFDar wrote:My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

Hi

I have posted response from UKBA in terms of Applicant name on Letter from Bank.

Bank can state that, we have been informed by our client that he has reserve this money for name of applicant,s business in UK and he will make it available for applicant.

Try this

Regards

ZFDar wrote:My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

HI

I will suggest that you should remove the error in letter from bank and apply again if possible. As Case worker has access your application in line of law and there is no error has been made.

The Argument given above by a senior member is not relevant. Its true if funds are in applicant,s account then applicant can just provide bank statement but when it comes to 3rd Party Bank has to issue a letter stating name of applicant name in letter.

I know its hard to get this kind of letter but UKBA has clear there position in response to a FOI request made by me.

Regards

There should not be anything HARD to get such stuff when it comes to standard operational procedures. It should be a standard form of item made available on request.

Its true that in case of third party, one should apply with such kind of letters. Some of us get these letters at first instance and some don't. Smehmood is lucky that the bank listened you and with up/down of words you got the letter. Others should try like him as well.

As an other way, is it possible to write to financial ombudsman as a complaint about bank not to issue such letter. Their response may help us cope with the problem effectively. If response is positive then we may get such letter, if response is negative then the copy of their response may be presented as proof in appeal or application. But it could take long time.

Hi all experts,

In this morning, I got a visa result that was a refusal of entry clearance. The major reason is insufficient working experience in my proposed business. The following is my personal story about my Tier1 entrepreneur visa.
I am a Hong Kong chinese to apply Tier 1 entrepreneur visa by proposed business -- Chinese takeaway shop in UK . Although I do not have sufficient experience in that area, I have already mentioned I took this business from takeaway owners and they will help me to look after a 2 months and will recruit two previous chefs who are working in that shop more than 10 years. Furthermore, I have done my best to do business plan that explains how can I do this business in future 3 yrs and strategies to secure my profit. However, the visa result is negative. ECO's comments on my case that I am not a skillful person to run this business because of insufficient experience in accordance with 245DB(f).

My point is that if applicant wants to be a risk-taker and bear the final result regardless of profit or loss . By the visa result, it means that people are not experts in their businesses to be rejected even though they are willing to take this mission.

Finally, I would like to appeal this result , please kindly help me how to do. Do you I need to employ immigration solicitor to review my case ??

wk

Where did you apply

Hi all experts,

I have applied my T1 visa in Hong Kong.

wk

smehmood wrote:

ZFDar wrote:My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

HI

I will suggest that you should remove the error in letter from bank and apply again if possible. As Case worker has access your application in line of law and there is no error has been made.

The Argument given above by a senior member is not relevant. Its true if funds are in applicant,s account then applicant can just provide bank statement but when it comes to 3rd Party Bank has to issue a letter stating name of applicant name in letter.

I know its hard to get this kind of letter but UKBA has clear there position in response to a FOI request made by me.

Regards

Hi Mr Shaukat,

I need to discuss few things with you in details if you can give your phone number in private message. I'll really appreciate that.

Thanks

RizKCB wrote:There should not be anything HARD to get such stuff when it comes to standard operational procedures. It should be a standard form of item made available on request.

Its true that in case of third party, one should apply with such kind of letters. Some of us get these letters at first instance and some don't. Smehmood is lucky that the bank listened you and with up/down of words you got the letter. Others should try like him as well.

As an other way, is it possible to write to financial ombudsman as a complaint about bank not to issue such letter. Their response may help us cope with the problem effectively. If response is positive then we may get such letter, if response is negative then the copy of their response may be presented as proof in appeal or application. But it could take long time.

Hi

I do,nt need any letter from bank however many of my clients got it from there bank. but true its hard.

But its not my fault that UKBA made this policy.

Regards

ZFDar wrote:My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

Hi all experts
i have appled on 25 august 2011 and got refuse on 22 march, with same reason that i did not provide bank letter mentioning my name of third party funds.i have 25k in my account and i submit 30k from third party.and i applied as Enterpreneur team visa.i tried hard to get letter from bank but bank refused to give letter.
now any one plz help me what should i do
1: shell i go to appeal with same situation,taking my third party sponsor with me in court,as third party funds is in uk
2:shell i transfer third party money to my personal account,so in taht case i don't need bank letter.
plzplz help me in this regards

ZFDar wrote:My husband applied for Entrepreneur visa and he also got refusal 2day on the basis mentioning that "Bank letters did not state ur name and the funds will be made availabe to you". This is so invalid reason as banks are not authorised to provide such letter... Funds are held in third party account in UK and affidavit was also signed... Any 1 knows what to do? Ur help will be much appreciated.

Thanks

hi did u manage to get letter frombank,plz share ur situation becuase im stuck in same situation.what have u don?

Tazz wrote:Same situation with my friend, refused due to the Bank Letter,,,,,,,,,

any further progress of ur friend situation,plz update as im in same situation

We have appealed against the decision...

ZFDar wrote:We have appealed against the decision...

Good luck and all the best also what ground you made to cover the reason of refusal? If u can share with forum I guess it will be very helpful for many of us.

Regards

Hi

My Name is Raj, , I applied for EV on Feb 10 and got to know its been rejected today for the same reason as yours saying bank letter was not correct wrt amount disposable in UK, I am not sure if I should appeal it as my lawyer said it will cost me £1600 +£140 extra...I am in a situation where I cannot in any way afford to pay so much money but I cant see all my hard work to apply for VISA- go waste as I real had some serious problems while applying for it. Can some one help please? I have not even see the rejection letter yet, so I am not sure how long I get to stay If I dont appeal or how long I have to appeal in case. Desperately in need of immediate advice...Pls help

Thanks

Raj
07578812021

I am so sorry to hear about your refusal, I can empathise with you because my visa was refused as well. You can request your solicitor to help you with the payment for e.g you can request to pay in installments or find someone for e.g a barrister who will help you pro bono, if you think your appeal will be successful. Good luck.

penny1012 wrote:I am so sorry to hear about your refusal, I can empathise with you because my visa was refused as well. You can request your solicitor to help you with the payment for e.g you can request to pay in installments or find someone for e.g a barrister who will help you pro bono, if you think your appeal will be successful. Good luck.

Thanks Penny, sorry to hear that as well - have u appealed? does it really cost £1650 for appealing? how long will I get to do this and whats the possibility of changing the decision?
PS: sorry for hassling u with so many questions- am soo tensed donno wht i am doing/