tier1 (entrepreneur)appeal dismissed

Hi, I got refusal due to bank letter. Funds (165k)held in overseas in third party's account and (44k) here in the UK.I provided them affidavit which says that these funds are available to me ands transferable to UK but UKBA refused me and my wife's visa she is on my dependent visa. Because they want my name on the bank letter. We talk to the bank if they can mention my name on the bank letter and they said it's there policy they can't put 2nd person name on the bank letter who's not account holder. We appeal against the decision and provided the bank policy letter, got hearing date which was 28/10/13. It went good judge didn't ask any questions and our barrister explain the same thing that applicant have no control over the bank policy. Judge told us that she will reply us in 3 weeks now our lawyer received determination letter yesterday saying. It is open to the Appellant, to make another application for leave to remain as an entrepreneur whether or not he has valid leave. I am satisfied that as the only document he requires to fully document his application is the declaration from the bank. ln this case his third party financial sponsor can either direct his bank to make such a declaration or move his funds to a bank that will! comply with his instructions.
Therefore as this Appellant can reapply as a Tier 1 (entrepreneur ) there would be no interference to his family or private life.

Can someone help, I am so confused. Should I open new account under my name in overseas and reapply or what other options do I have please help
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hi,today i had my hearing day mate, the fact was third party bank statement was missing, companies house appoints report was missing from the home office bundle which i sent with application form. don't know what will be the outcome.

keep your funds on your name and reapply. UKBA rules are senseless about bank letter but rules are rules.

fglucky wrote:Hi, I got refusal due to bank letter. Funds (165k)held in overseas in third party's account and (44k) here in the UK.I provided them affidavit which says that these funds are available to me ands transferable to UK but UKBA refused me and my wife's visa she is on my dependent visa. Because they want my name on the bank letter. We talk to the bank if they can mention my name on the bank letter and they said it's there policy they can't put 2nd person name on the bank letter who's not account holder. We appeal against the decision and provided the bank policy letter, got hearing date which was 28/10/13. It went good judge didn't ask any questions and our barrister explain the same thing that applicant have no control over the bank policy. Judge told us that she will reply us in 3 weeks now our lawyer received determination letter yesterday saying. It is open to the Appellant, to make another application for leave to remain as an entrepreneur whether or not he has valid leave. I am satisfied that as the only document he requires to fully document his application is the declaration from the bank. ln this case his third party financial sponsor can either direct his bank to make such a declaration or move his funds to a bank that will! comply with his instructions.
Therefore as this Appellant can reapply as a Tier 1 (entrepreneur ) there would be no interference to his family or private life.

Can someone help, I am so confused. Should I open new account under my name in overseas and reapply or what other options do I have please help
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Harsh, very harsh decision. Ofcourse you need to reapply as you do not have a choice. Few people in the forum with refusals regarding bank letters have got appeal decisions in their favour. But it looks like, judges are not going to be any lenient.

Few years back, judges used to give benefit of doubt to appellant and also much more lenient towards appeallent. I remember a case, where applicant applied for Tier 1 Genral and failed to meet English language requirement. He claimed in his appeal that I will provide IELTS before the hearing date and he failed to provide. The judge still ruled in his favour on basis that applicant is already in the UK (English speaking country) for last 7 years as a student and work permit, therefore it is understood that he will have required level of English. Appeal allowed.

You will never see such decisions in future. Trends have changed. System abused. Government changed. Policies changed. Priorities changed!