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Urgent Suggestion Needed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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rajrea
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Location: UK
Mood:
India

Urgent Suggestion Needed

Post by rajrea » Tue Sep 15, 2020 9:15 am

Hi All,

One of my friend received a rejection for ILR on 5 year T1 Entrepreneur route as a Team

His Journey in UK:

September 2009 - Came to UK as a Student
February 2011 - PSW
February 2013 - Applied for Initial T1 Ent as a Team
April 2013 - T1 Ent Initial Application rejected giving Appeal rights and Appealed
January 2014 - Granted T1 Ent Initial Application
January 2017 - Applied for T1 Ent extension
April 2017 - Granted T1 Ent extension
January 2019 - Applied for ILT T1 Entrepreneur 5 years route as a team

After 15 months his team member was invited to interview(Video Interview) on march 2020 in London and 2 days later my friend was invited, but due to covid-19 my friend interview was delayed to end of may 2020 (telephonic interview)

His business partner received a approval in June 2020 and my friend received a rejection few days back in Sep 2020.


Note: My friend completed his 10 Year route in September 2019 itself as his Journey from September 2009 - Sep 2020 until rejection counts a Legal Leave I believe

Reasons for Rejection :
  • the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
    the credibility of your business activity in the UK;
    Market research

Points to Note:
My friend is no more a Director in that company where he applied for T1 Entrepreneur but he is a Director in another two business.

Also after T1 Ent extension approval my friend moved to another city as he established another business.



Now my question is what’s the best possibility in this given scenario

Applying for AR or applying for ILR on basis on his 10 year route ?
As my friend has got dependent who also got rejection as she also applied same time with my friend.





Exact wording mentioned in rejection letter:

About Investment:

You are claiming to have invested £50,000 into a business in the United Kingdom named xxxxxx
As evidence of your investment you have provided unaudited accounts, business bank statements.
During your interview you were asked about the money you claim to have invested into your business. With reference to question 27 and 28 when asked when and where you got the money from to invest in your business.

You said the following “I did have some myself and some from my father (amount received from father?) around £10k (amount invested from yourself?) er (long pause) its around erm (long pause) £20k-£23k I think. It’s like we didn’t invest at the same time but when the business needs (are you able provide me rough dates and amounts that were invested?) yes I send you (can you tell me now?). It’s not on top of my head we invested over a few years”
With reference to question when asked how was the money transferred to your business account and when?
You said the following its like in 2014 I think so we transferred into business account I can’t remember the exactly the dates. We have concerns that at the interview you couldn’t give a breakdown of exact dates and amounts invested into the business which casts doubts on your credibility.

the credibility of your business activity in the UK;
The answers you provided at interview with respect to your daily duties were indistinct and failed to provide credible examples of your responsibilities that you have undertaken for your business. Your responses were vague and generic and were unable to identify in-depth account as to how you create test plan/strategies.

Market Research:
During your interview you stated that your business had created iOS apps. However, you were unable to name any of these apps. We believe it is a reasonable to expect you to be able to name one app your business has developed. Your inability to do so raises credibility concerns. It is also notable that your responses appeared evasive and tried to deviate from answering the question for example when asked what you found with Google data and how you used this data you didn’t answer the question.
Your responses at interview regarding market research were indistinct and lacked specific information that we would expect the owner of a credible business to be able to provide. You failed to satisfactorily describe the market research that you may have undertaken. This casts doubt on the credibility that any in-depth research has been carried out to ensure there is a market for your business.


Can Gurus Like @Zimba, @Marcnath please advise ...

Thanks in Advance

AmazonianX
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Posts: 7464
Joined: Tue Jun 11, 2019 1:09 pm

Re: Urgent Suggestion Needed

Post by AmazonianX » Tue Sep 15, 2020 9:51 am

This same enquiry you outlined is already on the forum and being dealt with though you are providing more clarity to reason for rejection.

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CR001
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Re: Urgent Suggestion Needed

Post by CR001 » Tue Sep 15, 2020 9:54 am

@rajrea is the topic link below your 'friend'??

https://www.immigrationboards.com/indef ... 06040.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

rajrea
Member
Posts: 175
Joined: Wed Jul 31, 2013 5:20 pm
Location: UK
Mood:
India

Re: Urgent Suggestion Needed

Post by rajrea » Tue Sep 15, 2020 4:07 pm

CR001 wrote:
Tue Sep 15, 2020 9:54 am
@rajrea is the topic link below your 'friend'??

https://www.immigrationboards.com/indef ... 06040.html
Hi CR001,

No he is not in the group.
He has completed his 10 years long back please check my entire post and please give me a advise

rajrea
Member
Posts: 175
Joined: Wed Jul 31, 2013 5:20 pm
Location: UK
Mood:
India

Re: Urgent Suggestion Needed

Post by rajrea » Tue Sep 15, 2020 4:08 pm

AmazonianX wrote:
Tue Sep 15, 2020 9:51 am
This same enquiry you outlined is already on the forum and being dealt with though you are providing more clarity to reason for rejection.
Hi AmazonianX - It's a different post not related to any other please check entire post and if you can give any suggestion that would be much appreciated.

rajrea
Member
Posts: 175
Joined: Wed Jul 31, 2013 5:20 pm
Location: UK
Mood:
India

Re: Urgent Suggestion Needed

Post by rajrea » Wed Sep 16, 2020 7:40 am

Hi All,

After talking few solicitors and other immigration Gurus my friend decided to apply Set LR as he completed his 10 year route.

Many said that Apply for AR and in parallel you can apply for SET LR - But one has mentioned that you can't submit a new application once you have submitted your AR.
And All the solicitors spoken said AR won't be successful as it's been rejected on basis of interview with Credibility concerns.

His wife who applied as PBS dependent has not received any rejection email / letter yet - So he applied FLR (M) for her so that he can at least save the fee as he is varying her application from PBS dependent to FLR (m).


I haven't received any expert opinion from this group but I managed to get best advise possible in this situation and sharing with the forum as it might helpful to fellow members who are / may be in this situation.


Thanks

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