My Friend applied for Tier 1 Entrepreneur Visa from India in July. File rejected in 1st week of october then he done AR and today they rejected. So If any one can suggest next step.
our application has been refused as the Entry Clearance Officer is not satisfied that you have provided the specified documents to demonstrate that you have access to no less than £200,000.00 to invest in the UK.
For the purpose of this application you have relied on 3rd party funding. As evidence of this funding you provided a bank statement from Barclays Bank in the name of XXXXX XXXXX Ltd. You also provided a letter which confirms the shareholders of this company are XXXX and XXXX. Further to this, you have submitted a letter signed by XXXXX with consent to use the funds held in the Barclays Account.
Appendix A of the Immigration Rules lists, at Paragraph 41(a), what evidence must be provided to show availability of funds. As per table 4A of Paragraph 41(a), Paragraphs 41(a)(vi) – (viii) must be provided with the application. This is as follows:
(vi) A written declaration from each third party that they have made the money available to invest in the applicant’s business in the UK, containing:
(1) the names of the third party and the applicant (and their entrepreneurial team partner’s name where relevant), or the name of the applicant’s business,
(2) the date of the declaration,
(3) the applicant’s signature and the signature of the third party (and the signature of the applicant’s entrepreneurial team partner where relevant),
(4) the amount of money available in pounds sterling,
(5) the relationship(s) of the third party to the applicant,
(6) if the third party is another business in which the applicant is self-employed or a director, evidence of the applicant’s status within that business and that the applicant is the sole controller of that business’s finances, or, where the applicant is not the sole controller, the letter must be signed by another authorised official of that business who is not the applicant, and
(7) confirmation that the money will remain available until such time as it is transferred to the applicant, the entrepreneurial team or the applicant’s business.
(vii) A letter (or letters) from one or more legal representatives, who are not the applicant or the third party, which confirm(s) that all letters and declarations in (ii)-(vi) and (viii) (where required) contain the genuine signatures of the required signatories. The letter(s) must clearly show the registration or authority of the legal representative to practice legally in the country where the third party or the money is.
(viii) A letter from each financial institution holding the funds, issued by an authorised official of that institution, confirming in each case the amount of money that the third party intends to make available, and that the institution is not aware of the third party having promised to make that money available to any other person available.
You have not provided any written consent from XXXX to use the funds from his business bank account. Further to this, the letter of consent provided from XXXX does not hold all the required information set out in Paragraph 41(a)(vi). Similarly, you have not provided a letter from either a legal representative or the financial institution as required in Paragraphs 41(a)(vii) or (viii). Therefore, I can not be satisfied that the funds claimed are genuinely available to you and uphold the refusal of your application on these grounds.
The grounds raised within your administrative review have been taken in to account, however, they do change the decision.
It is also noted that the Entry Clearance Officer has made some typographical errors within your decision letter, stating that points have been awarded to you, when the statements underneath contradict this. I apologise for any confusion this may have caused you however, the essence of the decision remains the same. You have failed to provide the specified documents and therefore, your decision is refused.
You argue that the Entry Clearance Officer has found no discrepancies within the documentation provided by you and therefore, should not have refused your application. Whilst the Entry Clearance Officer has not discussed any discrepancies in the documents provided, you have not submitted the required specified documents and therefore, the application has been refused as the evidence you have submitted does not show that the funds are available to you.
You submit that during your interview you gave satisfactory answers to all the questions asked of you. I have read the interview transcript and it is noted that when asked Besides you and your cousin, does anyone else have access to this money?, you responded; “No”. You then went on to contradict this answer at the next question. It is further noted that you could not answer directly when asked why your cousin wished to invest the funds he holds in your business. Moreover, it appears as though you struggled to understand and answer appropriately a lot of the questions asked of you.
You claim that any documentation from secondary partners, such as Mr XXXX, are secondary documents and therefore, if required the Entry Clearance Officer should have exercised evidential flexibility to request these from you. However, as clearly stated above, these are specified documents. Documents that must be submitted with an application in order for entry clearance to be granted. The Immigration Rules for evidential flexibility only cover missing documents from a sequence of documents that have been provided with the application, such as one bank statement missing from a series, or missing information from documents which have been provided. Therefore, in line with paragraph 245AA(b), as the missing specified document does not fall within a series of documents that you have provided, a decision has been reached based on the evidence provided in the application.
You state that the Entry Clearance Officer has failed to assess your application in the round and on the whole, as they have stated within their decision letter that they have not assessed your genuineness due to your application being refused on other grounds, despite you being interviewed. Careful consideration has been given to the above point, however, it is noted that interviews are not a tool utilized just for the purpose of assessing genuineness. Furthermore, as your application fell for refusal on attributes for not meeting the required points threshold, the assessment under the genuineness rule is futile, it would not have changed the decision in anyway and therefore, was not required.
You provided a letter of consent with your administrative review, written by Mr XXXX, along with a copy of his passport, bank statement, P60s and Utility Bills. However, we are unable to accept new evidence at administrative review stage, unless it meets the requirements of Paragraph AR 2.4 of Appendix AR.
Based on the above, we have upheld the Entry Clearance Officer’s decision to refuse your application, as you have not submitted the specified documentation, which evidences that the funds claimed are genuinely available to you. Therefore, you have received 0 points under Paragraph 35 to 53 of Appendix A, consequently not meeting the requirements of Paragraph 245DB(b).
Funds held in regulated financial institution
Original Points claimed Original Points awarded AR Points awarded
25 0 0
Administrative Reviewer Comment:
As I am not satisfied you have access to no less than £200,000.00 to invest in the UK, you can not score any points for having the necessary level of funds in a regulated financial institution.
Funds disposable in UK
Original Points claimed Original Points awarded AR Points awarded
25 0 0
Administrative Reviewer Comment:
As I am not satisfied you have access to no less than £200,000.00 to invest in the UK, you can not score any points for having the necessary level of funds disposable in the UK.
Attributes (75 points required) Original Points awarded AR Points awarded
75
Administrative Reviewer Comment:
For the reasons stated above, you have not scored any points under Paragraph 35 to 53 of Appendix A of the Immigration Rules. Therefore, your application is refused under Paragraph 245DB(b).
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