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Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Only for UK Tier 1 (Entrepreneur) points system

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PrinceFav
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Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by PrinceFav » Sat Jun 07, 2014 12:18 pm

Hello all,

I've been a silent observer on this forum but I must confess that every of your contribution has helped me.
I applied (PSW - Tier 1 entrepreneur) Oct 2013 when my PSW expired. Here are some useful dates;

1. Got a letter for further checks in Jan 2014 that decision will be made 31st March 2014.

2. Got a refusal June 2014. I Was refused on a singular reason below;

"I am satisfied that the documents were false because we have received confirmation from XXXBank that the documents were not issued by them and are not genuine."

My main highlight is that I used my account overseas to show £50,000 investment plus £900 for 3 consecutive months (90days) IN THE SAME ACCOUNT.

Here are my arguments;
1. I scored 0 out of 25 points for access to fund as required (Due to bank statement)
2. 0 out 25 points for Funds held in regulated financial institution (Due to bank statement)
3.0 out of 25 points fro Funds disposable in the UK (Due to bank statement)
4. 10 out of 10 points for Proof of English Language (Due to my MSc Degree)
5. 10 out of 10 points for Maintenance funds (FOR THE SAME BANK STATEMENT)

I have submitted a genuine account, yet I scored 0 points for some and 10 points for the other (as explained above) using the same account.

My Questions; (I have been given right to appeal within 10 business days)

1.What can I do?
2. Do I need a solicitor? (if yes please advice cost effective one)
3. Should I go for oral or paper appeal?
4. I am also pregnant and my husband is on a student visa (what can we do?)
5. What happens if the appeal is unsuccessful?

Please I need your sincere opinion URGENTLY!
Thanks
Last edited by PrinceFav on Sat Jun 07, 2014 1:33 pm, edited 2 times in total.

PrinceFav
Newly Registered
Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Re: Grounds for Refusal (URGENT HELP PLEASE!)

Post by PrinceFav » Sat Jun 07, 2014 1:02 pm

PrinceFav wrote:Hello all,

I've been a silent observer on this forum but I must confess that every of your contribution has helped me.
I applied (PSW - Tier 1) Oct 2013 when my PSW expired. Here are some useful dates;

1. Got a letter for further checks in Jan 2014 that decision will be made 31st March 2014.

2. Got a refusal June 2014. I Was refused on a singular reason below;

"I am satisfied that the documents were false because we have received confirmation from XXXBank that the documents were not issued by them and are not genuine."

My main highlight is that I used my account overseas to show £50,000 investment plus £900 for 3 consecutive months (90days) IN THE SAME ACCOUNT.

Here are my arguments;
1. I scored 0 out of 25 points for access to fund as required (Due to bank statement)
2. 0 out 25 points for Funds held in regulated financial institution (Due to bank statement)
3.0 out of 25 points fro Funds disposable in the UK (Due to bank statement)
4. 10 out of 10 points for Proof of English Language (Due to my MSc Degree)
5. 10 out of 10 points for Maintenance funds (FOR THE SAME BANK STATEMENT)

I have submitted a genuine account, yet I scored 0 points for some and 10 points for the other (as explained above) using the same account.

My Questions; (I have been given right to appeal within 10 business days)

1.What can I do?
2. Do I need a solicitor? (if yes please advice cost effective one)
3. Should I go for oral or paper appeal?
4. I am also pregnant and my husband is on a student visa (what can we do?)
5. What happens if the appeal is unsuccessful?

Please I need your sincere opinion URGENTLY!
Thanks

Olasunkanmi and Pros please I need your contributions
Thanks

PrinceFav
Newly Registered
Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by PrinceFav » Sun Jun 08, 2014 8:15 pm

144 views and no reply, thank you very much!!!
I hope some1 answers soon...

bus
Junior Member
Posts: 84
Joined: Sat Jan 18, 2014 1:13 pm
Singapore

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by bus » Sun Jun 08, 2014 8:47 pm

Hi
Sorry to read your refusal in this situation better to go with a "GOOD" solicitor or you can go with a barrister in direct access I think going with a barrister is the better option but please ask others opinion also the reason im saying to go with the barrister who have direct access is he will write with the arguments that he is going to speak in the courts I had a bad experience with one solicitor and barrister don't know what is in my statement till hearing day morning she came to me and got a adjourned to my case and I was in a real mess with lots of problem then I went got a barrister seems to be good and he is fighting behalf of me, wait for others opinion buy this way you may think it is expensive but in my case it was double the amount I have to pay to solicitor and barristers. All the very best!!

cpmlkhan
Member of Standing
Posts: 329
Joined: Mon Jan 13, 2014 11:59 am

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by cpmlkhan » Sun Jun 08, 2014 9:25 pm

PrinceFav wrote:144 views and no reply, thank you very much!!!
I hope some1 answers soon...

Hi,
If you know that your statement was Genuine and you still have money in it then reapply your case with right and standard documents Because once they found out no money into your bank account, did not check your other docs. This is how it works.
If do not want to reapply then Get the other confirmation letter from bank and lodge a appeal. If you think you can defend your self in court then you do not need any solicitor. Because you are pregnant I prefer you to try with Paper hearing or hire a solicitor.

Regards

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

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by Olasunkanmi » Mon Jun 09, 2014 7:08 am

@ PrinceFav, you stated that you used the same account for investment funds and maintenance funds, this mean that the caseworker is likely to have made a mistake in deciding your case and in my opinion going for an oral hearing is the best option. Entrepreneur applicants are expected to prove their genuineness so going for oral hearing will help you as you can talk to the judge directly and you can also point out any omission even during the hearing as HO are known for making lot of blunders.


in regard to your questions

1.What can I do?

Submit your appeal and make sure your business is actively trading. You have a 100% chance of success if you can proof that the account is genuine.

2. Do I need a solicitor? (if yes please advice cost effective one)

If you are a quick learner and bold, you might not need any solicitor or barrister but this is your choice.

3. Should I go for oral or paper appeal?

Oral appeal is the best option in order to look into judge eyes and explain your own side of the story. Paper hearing is good but very risky as you wont have the option to clarify any omission by either the judge or HO.

4. I am also pregnant and my husband is on a student visa (what can we do?)

Don't stress yourself too much, as long as the money is genuinely in your account and you are actively trading you should be fine. Get a letter from the bank in question and ask them to state that the money has been in the account for the period.

5. What happens if the appeal is unsuccessful?

Its always good to have a back-up plan should in case.
The key to success is knowledge and hardwork, and to have faith.

PrinceFav
Newly Registered
Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by PrinceFav » Mon Jun 09, 2014 10:09 am

@Bus and cpmlkhan
Thank you so much for responses.

@Olasunkanmi
Thank you for responding.
I guess oral appeal is my best option.

Quick question;
1. What back-up plan can you suggest?

2.As I've been accused of deception, can I submit a fresh application?

3.Can I vary my application to depend on my husband while the case/appeal is on?

4.Can I capitalise on the mistake made( same acc for investment and maintenance) to get the case dismissed then I can submit new application?

Thanks for your help

bus
Junior Member
Posts: 84
Joined: Sat Jan 18, 2014 1:13 pm
Singapore

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by bus » Mon Jun 09, 2014 9:07 pm

hi
if you are not confident consult a good barrister and get a conference paying 150 and ask them what is the best option one of my batch mate did this one soliciter wanted 1500 for the case but this person said it is waste of money and gave her advice what to do. if I were you I wold have done the same. do not stress with you pregnancy not good. take care

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

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by Olasunkanmi » Tue Jun 10, 2014 7:16 am

@ PrinceFav,
1. What back-up plan can you suggest?


This depend on your circumstances but make sure your appeal get concluded before submitting any further application as the deception accusation is a very serious case that need to be fought.
2.As I've been accused of deception, can I submit a fresh application?
Once you win your appeal, you can either wait for your visa or submit a fresh application in a different category if you wish.
3.Can I vary my application to depend on my husband while the case/appeal is on?
You cannot VARY an application already decided which is at appeal stage. But be patience and let your appeal be decided before submitting any other application.
4.Can I capitalise on the mistake made( same acc for investment and maintenance) to get the case dismissed then I can submit new application?
Again, it seem you are giving yourself too much stress, relax and wait for your appeal to be heard. Get all letter from bank to prove that your account is genuine.
The key to success is knowledge and hardwork, and to have faith.

PrinceFav
Newly Registered
Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by PrinceFav » Fri Jul 04, 2014 12:10 pm

Olasunkanmi wrote:@ PrinceFav,
1. What back-up plan can you suggest?


This depend on your circumstances but make sure your appeal get concluded before submitting any further application as the deception accusation is a very serious case that need to be fought.
2.As I've been accused of deception, can I submit a fresh application?
Once you win your appeal, you can either wait for your visa or submit a fresh application in a different category if you wish.
3.Can I vary my application to depend on my husband while the case/appeal is on?
You cannot VARY an application already decided which is at appeal stage. But be patience and let your appeal be decided before submitting any other application.
4.Can I capitalise on the mistake made( same acc for investment and maintenance) to get the case dismissed then I can submit new application?
Again, it seem you are giving yourself too much stress, relax and wait for your appeal to be heard. Get all letter from bank to prove that your account is genuine.
@Olasunkanmi. Thank you so much, you're blessed!

PrinceFav
Newly Registered
Posts: 18
Joined: Sat Jun 07, 2014 11:29 am

Re: Refusal Letter Tier 1 entrepreneur(URGENT HELP PLEASE!)

Post by PrinceFav » Fri Jul 04, 2014 12:10 pm

bus wrote:hi
if you are not confident consult a good barrister and get a conference paying 150 and ask them what is the best option one of my batch mate did this one soliciter wanted 1500 for the case but this person said it is waste of money and gave her advice what to do. if I were you I wold have done the same. do not stress with you pregnancy not good. take care
@bus. Thanks alot

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