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A Challenging Question for a Finance Professional

Only for UK Tier 1 (Entrepreneur) points system

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

A Challenging Question for a Finance Professional

Post by cancerian » Fri Oct 31, 2014 4:08 am

Hi there gurus,
Can you please suggest me something

I have applied T1 Ent Visa and was refused, appealed lodged and hearing in april.

Reason of Refusal:
"My three contracts were not specifying duration" But i have clearly written the start date and my wordings of contract were 'once it has been agreed this contract will remain valid for one year untill the next is replaced.'
The contracts were signed and dated there was no end date but in accountancy there are recurring clients , so there is no exact end date but when client wish to end the contract we issue a discontinuation letter. This is backed by my professional memebership body as well. They are fully supporting me and are saying there is nothing wrong with your contracts.
Now I have a new client and I want to make new contract which is to be produced in court as well.

Question: What you guys suggest being expert on immigration shall i change the wording of my new contract or shall i write the same wordings?? I need reasons for that please.

Second Question: is about evidence can i send my additional evidence to court before 3 weeks of hearing because my hearing letter says you need to send additional evidence within three weeks of this letter.

Thanks in advnace for your help.

ayyan121
Newly Registered
Posts: 28
Joined: Mon Aug 11, 2014 8:49 am

Re: A Challenging Question for a Finance Professional

Post by ayyan121 » Fri Oct 31, 2014 9:47 am

Dear Cancerian

Actually the contracts with option of any time termination are not considered to be valid one.As this was for visa purpose the information on it should be very clear to avoid confusion.

thanks

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Fri Oct 31, 2014 9:35 pm

ayyan121 wrote:Dear Cancerian

Actually the contracts with option of any time termination are not considered to be valid one.As this was for visa purpose the information on it should be very clear to avoid confusion.

thanks
Dear Ayyan

Thank you for your comment but I have clearly mentioned that it is valid for one year from date when it is signed, and after one year if client wishes to cancel it we can cancel it. The client has signed the contract so is agreeing to the terms of contract impliedely by signing.
Dont u think its a clear piece of information. And my question remains the same. :?

attahaas
Member
Posts: 236
Joined: Tue Jul 01, 2014 3:33 am
Location: LONDON, UK
India

Re: A Challenging Question for a Finance Professional

Post by attahaas » Sat Nov 01, 2014 5:54 pm

I have observed that it's quite a common ground for refusal these days. If they want to "see" a "date", then "show" them the date instead of saying "one year". For example, if you signed the contract starting 01 Nov 2014, then say that the contract is valid up to 31 Oct 2015. Take proper care to mention the T&C of termination and especially the recurrence. For recurrence, write a clause saying that it should be agreed and signed within one month (again mention dates 01 Oct 2015 to 31 Oct 2015) from the date of expiry.

I hope this solves the problem for a lot of Ent visa aspirants.
•12-Feb-2015: Applied online (Team), 200K, India
•13-Feb-2015: Submitted documents and biometrics
•25-Feb-2015: Received email saying that they need more time
•03-Mar-2015: Interviewed separately
•05-Mar-2105: Received docs and passport with visa stamped!

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Sun Nov 02, 2014 8:30 am

Thanks Attahaas for your suggestion but if I make new contracts with new wordings, that will mean i am accepting their allegation, how in court I will argue and defend my previous contract in court ? I got your point and i was wondering about this question.

Any Gurus Please help me.

Stepstonesvisas
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Posts: 1
Joined: Tue Oct 28, 2014 5:45 pm

Re: A Challenging Question for a Finance Professional

Post by Stepstonesvisas » Sun Nov 02, 2014 10:43 am

As advocate my opinion is this none sense. Contracts take many shapes and as long as it is clear no reason to change it. All you need to show it is supported by your professional body. In relation to new evidence the judge will not take it into account. But that does not mean it can not have bearing to rest of the evidence.

Please do not change your contracts as it will affect the decision.

kahiye

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Mon Nov 03, 2014 11:49 pm

Thank you Stepstonesvisas, for your valuable advice, I got your point. Because I have followed my professional body's drafted engagement letters and as a member of professional body we are to be abide by their rules and regulations.
And as a matter of fact I have copied the wording of a sample engagement letter because it attempts to reduce our liability in case if we get sued.

Anyways I am looking for number of possible suggestions and arguements especially by Guru's.

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Mon Nov 10, 2014 3:48 pm

pls help me guys with your valuable advice.

Thanks

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: A Challenging Question for a Finance Professional

Post by Olasunkanmi » Mon Nov 10, 2014 5:00 pm

@ cancerian, my advice is that you stick with the same contract format that you got rejected on and fight it out at the tribunal. It might be a good idea to get a good barrister to represent you.

You can use this case (link below) as reference to your case as its almost the same refusal reason and the applicant also won his case. I believe that as long as your business is actively trading, you should win your appeal.

http://www.bailii.org/uk/cases/UKUT/IAC ... 6_iac.html
The key to success is knowledge and hardwork, and to have faith.

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Fri Nov 21, 2014 12:56 am

Olasunkanmi wrote:@ cancerian, my advice is that you stick with the same contract format that you got rejected on and fight it out at the tribunal. It might be a good idea to get a good barrister to represent you.

You can use this case (link below) as reference to your case as its almost the same refusal reason and the applicant also won his case. I believe that as long as your business is actively trading, you should win your appeal.

http://www.bailii.org/uk/cases/UKUT/IAC ... 6_iac.html
Thank you so much for you kind support dear Olasunkanmi.I will keep praying to win the case at earliest possible stage. And i do have a compitent barrister.

Can you please specifically tell me which month or case you are referring to asthere are a lots of cases when i opened link.

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Sat Apr 25, 2015 12:43 am

Dear forum members i am pleased to tell you that my appeal is allowed in court my hearing was on 7th April and i am very delighted to share this news.
Thank you guys for your kind help and support.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: A Challenging Question for a Finance Professional

Post by Olasunkanmi » Thu Apr 30, 2015 1:45 am

@ cancerian, congratulation for your appeal success, did HO representative try to argue during appeal that their initial decision was correct or did they just gave up as they actually have a very weak case with the previous case precedent.
The key to success is knowledge and hardwork, and to have faith.

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Thu Apr 30, 2015 2:37 am

@ Olasunkanmi , well my barrister clearly did said that evedential flexiblity was not applicable and sole issue was duration of contract so my barrister only argued about duration which was clearly mentioned in my contract. Moreover my engagement letter stated that contents of this letter will remain effective for one year until or unless there is termination in which case either of party may confirm this in writing.

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Thu Apr 30, 2015 2:39 am

home office lawyer said this contract has no expiry date and rules may require this basically he relied on refusal. the contract does not specify a duration and thus it does not meet the requirements.

khandrakhan
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Re: A Challenging Question for a Finance Professional

Post by khandrakhan » Sat May 02, 2015 7:57 pm

congrats

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

Re: A Challenging Question for a Finance Professional

Post by cancerian » Wed Jun 17, 2015 11:34 pm

By the Grace of Allah Almighty I have got my BRP from HO.
I want to thank all of forum members who helped me during such difficult time. Especially this forum which allows all of us to share and discuss our problems and find a sollution to it, free of charge.
Thank you

naveediiqbal
Senior Member
Posts: 603
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: A Challenging Question for a Finance Professional

Post by naveediiqbal » Wed Jun 24, 2015 12:47 pm

cancerian wrote:By the Grace of Allah Almighty I have got my BRP from HO.
I want to thank all of forum members who helped me during such difficult time. Especially this forum which allows all of us to share and discuss our problems and find a sollution to it, free of charge.
Thank you
congrats

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