ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Visa refused, applied August 2014

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

Locked
beckytj
Newly Registered
Posts: 24
Joined: Mon Jun 02, 2014 4:14 pm

Visa refused, applied August 2014

Post by beckytj » Wed Oct 15, 2014 10:26 am

Hi guys

I got my visa refused this week with right of appeal.

My timeline is
Applied August 15th 2014,
Biometrics 2nd week in sep 2014
Letter about exceptionally complex case on 25th sep 2014
Recieved refusal letter October 14th 2014

Refusal points are
- Directors loan agreement does not confirm it is subordinated in favour of the third party creditors.
- the directors loan is not shown in your name in the provided accounts.
- you are not the sole director of **** and you have not provided evidence that you are a signatory on this bank account.
- None of the advertising for **** is dated prior to 11th July 2014
- You have not provided evidence of domain reg for website.

I do have rights of appeal.

My question is, if I appeal am I allowed to send in additional evidence? How long does an appeal take?

If I do appeal and it is still refused can I stay in the UK for 28days after the appeal decision and reapply in the same or different category?

My PSW visa expired August 2014 but my company was trading since Sep 2013. I have sent on newspaper articles regarding my company dated prior to July 11th 2014 so im confused why they bring up the advertsing point,

Please advise.

tida2004
Newly Registered
Posts: 23
Joined: Fri Mar 14, 2014 6:36 pm
Sri Lanka

Re: Visa refused, applied August 2014

Post by tida2004 » Wed Oct 15, 2014 1:12 pm

Have you invested all money or you showed 50k in your account.
Its better to make a fresh application with supporting documents as 90% of chance court would favor HO.

beckytj
Newly Registered
Posts: 24
Joined: Mon Jun 02, 2014 4:14 pm

Re: Visa refused, applied August 2014

Post by beckytj » Wed Oct 15, 2014 1:25 pm

All the money has been invested.

If I appealed and lost would I be able to make a fresh application then and stay in UK or would I have to return home and apply from home country?

User avatar
Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Visa refused, applied August 2014

Post by Rockey » Wed Oct 15, 2014 1:53 pm

Hi mate,
sorry to hear about your visa..
I think if your company is genuinally engaged in business and you can prove in court that ur business have been running prior to 11th of July , you have got chances of winning your case . Furthermore there is not only one court , there are plenty of more !! if you get rejected by 1 court then u can apply to upper , thus way you can continue.

My little bit query is , did you take business loan? because i am confused that you are saying u got £50,000 from you personal account i think.

i got exceptional letter as well . Our time line is almost same but still waiting for result!!!
Last edited by Rockey on Wed Oct 15, 2014 5:40 pm, edited 1 time in total.
Best Regards

Rockey

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Visa refused, applied August 2014

Post by Lola22 » Wed Oct 15, 2014 5:32 pm

Hello Becktj,

I am sorry your application is refused.

If you have money to reapply, I will advice to correct any flaw or mistake in the old application and reapply as soon as possible. It will save you time and money.

Your case is not a straight forward appeal case.

Reapply when u still have the chance to do so and make sure there is no mistake on the second application.

Good luck.

beckytj
Newly Registered
Posts: 24
Joined: Mon Jun 02, 2014 4:14 pm

Re: Visa refused, applied August 2014

Post by beckytj » Wed Oct 15, 2014 7:31 pm

Thankyou for your replies.

In 12 months time I can apply for spouse visa (my partner doesn't yet meet the income requirement but we will do in 12months time)
I was thinking that if I appeal this will buy me more time in UK whereas if I don't appeal and file a new application then if the 2nd application is refused I won't have any rights to appeal then I would be sent to my home country.

Is my thinking correct?

I am seeing my lawyer in a couple of days and as far as I know he is thinking of appealing but Im not sure yet.

Anyone got any idea how long an appeal takes?

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Visa refused, applied August 2014

Post by Lola22 » Wed Oct 15, 2014 8:14 pm

It depends on your circumstances and what you intend to achieve.

If you can correct the mistake in the refusal letter and get the required document, there is high possibility that you will get the visa. If you get refused, there is still the option for Judicial Review.

On the other hand, if your intent to just buy more time, then you can opt for appeal.
With this, you will waste time and money and may end up applying before 12month's time.

You have the information now. It is up to you to decide on what you want and what option to go for.

Good luck.

User avatar
Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Visa refused, applied August 2014

Post by Rockey » Wed Oct 15, 2014 8:19 pm

dear becky,

One of my friend is in still process of appeals since he appealed a year ago, he succeeded first one but HO office appealed against the decision , its been 3 months now since then no response whatsoever...
it depends on your luck and busying of court..may take 6 months+..

But i requested you one question i have not heared yet!!
Best Regards

Rockey

beckytj
Newly Registered
Posts: 24
Joined: Mon Jun 02, 2014 4:14 pm

Re: Visa refused, applied August 2014

Post by beckytj » Wed Oct 15, 2014 8:23 pm

Thankyou so much for all your replies.
I will speak to my lawyer and see what he says.

Hope you all get your visas

beckytj
Newly Registered
Posts: 24
Joined: Mon Jun 02, 2014 4:14 pm

Re: Visa refused, applied August 2014

Post by beckytj » Wed Oct 15, 2014 8:30 pm

For Rockey, No I didnt get business loan, It was personal funds used.
Hope this helps

cancerian
Junior Member
Posts: 84
Joined: Mon Oct 13, 2014 2:49 am

Re: Visa refused, applied August 2014

Post by cancerian » Wed Oct 15, 2014 11:39 pm

I think if u want to stay in this country then you should be appealing, which is the only way to maintain your continuty towards ten years, i dont know how long you been in UK. If you apply again and even your visa is granted but still loose your continuty because there is break and you were legally overstayer and you were granted a visa.
Can u please tell what was your business and why you were not a signatory to your account. And yeah if ur visa is again refused you need to go back home.

Locked
cron