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Tier 1 Entrepreneur Visa, REFUSED !!

Only for UK Tier 1 (Entrepreneur) points system

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jankk
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Tier 1 Entrepreneur Visa, REFUSED !!

Post by jankk » Sun Jun 10, 2012 7:04 am

hello there.

Just wondering if anybody would help in my case.

i have recently applied for Tier 1 (Entrepreneur) and i showd all the third party fundings i.e. 20,0000 GBP. The HO send the documents for verification in my home country. I was currently in UK on PSW visa before i applied back in nov 2011.

After 2 months on 12-01-12 my visa got refused and i got deception in reply and got the right of appeal. I appealed the decision and got hearing date 23-03-12 for oral hearing. Paid 140 pounds for it as well.
Unfortunately i wasn't feeling well just an evening before my hearing so i sent the 'Adjournment' of hearing request

Next day i received a letter from court stating my adjournment request is denied and my appeal has been carried on in my absence.

After 1 month i got determination from court stating " Appeal has been allowed to limited extent and no findings has been made in respect of any other matter which are in issue in this appeal.

An award of fee which i have paid i.e. 140 GBP, judge also ordered to make an award in respect of the fees paid. As judge said this is because as he has 'allowed' the appeal.

The confusing part here is ' what is the meaning of appeall allowed' to limited extent. As judge said the respondent i.e. HO should have made removal directions as this is not in accordance with law, if you refuse a LTR you must make removal directions. So this error from caseworker went on to make judge to allow the appeal.

I have received the letter from HO dated 08-05-12 that they received the court decision and i don't need to send any documents until they request me do so.

Now ever since i haven't heard anything from HO, and it is clearly mentioned in determination of Tribunal that " both parties can appeal this decision by tribunal but it must be with in five days "

My question: as appeal is allowed to limited extent only and 5 days are passed am i eligible to get a visa ?

Please reply. Bundle of thanks

Greenie
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Post by Greenie » Sun Jun 10, 2012 7:15 am

No you are not eligible to get the visa (leave to remain). All the appeal decision means is that the ukba will have to re make the decision and this time also make a decision to remove you from the UK. This will trigger another right of appeal and you will be able to argue why you shouldn't be removed from the UK as well as why you can't you think you should be granted leave to remain.

For future reference, requests for an adjournment the night before a hearing are rarely entertained by the tribunal and unless you have received confirmation that the hearing has been adjourned you should appear at the tribunal.

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Re: Tier 1 Entrepreneur Visa, REFUSED !!

Post by Humv » Sun Jun 10, 2012 10:29 am

jankk wrote:hello there.

Just wondering if anybody would help in my case.

i have recently applied for Tier 1 (Entrepreneur) and i showd all the third party fundings i.e. 20,0000 GBP. The HO send the documents for verification in my home country. I was currently in UK on PSW visa before i applied back in nov 2011.

After 2 months on 12-01-12 my visa got refused and i got deception in reply and got the right of appeal. I appealed the decision and got hearing date 23-03-12 for oral hearing. Paid 140 pounds for it as well.
Unfortunately i wasn't feeling well just an evening before my hearing so i sent the 'Adjournment' of hearing request

Next day i received a letter from court stating my adjournment request is denied and my appeal has been carried on in my absence.

After 1 month i got determination from court stating " Appeal has been allowed to limited extent and no findings has been made in respect of any other matter which are in issue in this appeal.

An award of fee which i have paid i.e. 140 GBP, judge also ordered to make an award in respect of the fees paid. As judge said this is because as he has 'allowed' the appeal.

The confusing part here is ' what is the meaning of appeall allowed' to limited extent. As judge said the respondent i.e. HO should have made removal directions as this is not in accordance with law, if you refuse a LTR you must make removal directions. So this error from caseworker went on to make judge to allow the appeal.

I have received the letter from HO dated 08-05-12 that they received the court decision and i don't need to send any documents until they request me do so.

Now ever since i haven't heard anything from HO, and it is clearly mentioned in determination of Tribunal that " both parties can appeal this decision by tribunal but it must be with in five days "

My question: as appeal is allowed to limited extent only and 5 days are passed am i eligible to get a visa ?

Please reply. Bundle of thanks
What reason have they given for your visa refusal?

Greenie
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Post by Greenie » Sun Jun 10, 2012 10:35 am

Read the post again. They refused on grounds of deception.

yoldashh
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hello

Post by yoldashh » Tue Jun 12, 2012 9:36 am

cold you please elobarate a bit more,what was the reason of deception??
thanks

Greenie
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Re: hello

Post by Greenie » Tue Jun 12, 2012 9:39 am

[quote="yoldashh"]cold you please elobarate a bit more,what was the reason of deception??
thanks[/quote


why don't you read the post - they sent the documents to the OP's home country for verification and then refused the applicaiton on grounds of deception - presumably because they consider the documents are fraudulent.

jankk
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Re: hello

Post by jankk » Fri Jun 22, 2012 11:56 am

cold you please elobarate a bit more,what was the reason of deception??
thanks



WEll the reason is straight forward. i submitted third party docs. they were my family friends. They asked me to invest money for them in UK for a business and the investor will later on join me in the business.

i was ready to invest money for them to start business in IT field.

The investor provide me with his letter bank statment and notary public letter for funds.

During verfication overseas the investor refused to accept anything from my side that he know me. He confirmed to bank manager that he don't know the applicant and he is not giving me funds for business to UK.

Along side the notary public man said he does not know me and the documents have been forged for his name. As it beared his original stamp but still they refused to accept.

Now what happened. I did not wanted to start business it was for them to start business i agreed in the first place and asked them to provide me with documents and i was in UK unaware of what was going through their mind after i lodged application. As it is likely they invested the money else where and changed the mind. Now all the blame came on me,

Now by any means is there any chance that i remove the deception from me. as i was totally 100 % unware of everything. I asked them million times why you ask me to support the applicatioin if you were not willing or changed ur mind in the middle.

Whats my fault being an innocent human being here. I am living in this country for almost 6 years. What happened is disastour.

Any suggestions. I don't visa but again how will i prove my innocency ??

Note: All the documents submitted belonged to third party and prepared in my absence from them and i received them while i was in UK by Post delivery.

jankk
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Post by jankk » Fri Jun 22, 2012 12:05 pm

one more thing.


*** I am fed up now with all this appeals and every thing. as said above my appeal has been allowed to limited extend. So i have made appeal to upper tribunal although decision remained with HO to appeal to upper tribunal or launch removal decision. So i made the first step whether right or wrong but appeal myself to upper tribunal ???

Now if they had invested money else where what will i say to upper tribunal, i do not want any visa now. i am absolutely fed up and by any means i know i can't get any visa. But i just want to remove that deception and 10 years ban from my immigration history. this is absolutely ridiculous from 3rd party investors. Will a letter from 3rd party help me stating that it wasn't my fault it was their fault as they feared upon confirmation i will get control of funds as they have invested or planned to invest else where ?

Get the hell out of this Planet, 3rd party. you have spoiled my career :(

Any suggestions would greatly be appreciated.

Any way i am going to see solicitor in next few days but just want to have general views of public about it.

Regards

JohnM
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Post by JohnM » Fri Jun 22, 2012 3:42 pm

My view is that it does not look good.

This visa is designed that you're supposed to run business. Not somebody else. At least you could be partner in business.

It looks like you can be banned from UK for 10 years. If UKBA is very kind, they may remove this but on the other hand it looks like it was deception.

UK does not own you anything. They set rules and if you want to be in this country it is best to read them and follow them very very carefully. What may be allowed for British citizen, may ruin prospects of immigrant. My relative was almost banned once too for not being careful on the application form. I am sorry I am saying bad news, I may be wrong, I'm not professional.

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Post by ILR1980 » Fri Jun 22, 2012 9:37 pm

Dude how can you apply for investor visa to do business on behalf of someone else and i think either you are too innocent or you are just not telling us true story :P

jankk
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Post by jankk » Sat Jun 23, 2012 10:25 am

Well lets make it simple


The investor and his documents were all his i.e. third party documents. All prepared by him and he was responsible for verification. He gave me his bank letter confirming funds and it was issued by bank manager at the request of only investor. which is clearly mentioned on letter. The letter has original bank manager signature, investor National ID card number, his name and confirmation of more than sufficient funds.

He initially agreed to give me money and supplied documents so i applied from with in the UK and investor was sitting outside. i was not aware of investor intentions before and when application remained outstanding with Home office. He is not giving now as money is been invested else where, according to him. Also he did not verify it, nor willing to do so now

still my fault ?? yes to full extent with home office according to rules

But what about me as a human who was not aware of 3rd party intensions. living in UK for little over 7 years. no criminal record. no bad immigration history. I do not want to live here anymore but at the same time do not want to leave with deception tag. i am ready to go back but not with accusation of deception. and i will fight it to the very end. won't give up on this.

Note: i can provide a letter atleast from investor to judge stating what had happend and taking blame on himself rather than on me.

jankk
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Post by jankk » Sat Jun 23, 2012 12:23 pm

Now then just saw new rules on home office website for tier 1 entrepeur which are launched in april 2012. i.e. about 50k access to money for PSW visa holders



I have access to 50k in my account, no more third party now as my previous leave was PSW and its still continues according to immigration act 1971 Section 3c and 3d where application is outstanding or appeal is launched, previous leave gets automatically extended by virtue of this act and any conditions attached to it.

Now the point is rules for tier 1 entrep has changed in april 2012 and i am still in tribunal process since jan 2012. As i have 50k i am self employed if i fulfill all the requirements is there a possibility to get a visa as i will fight for previous deception case for same visa catagory. real real tough case for judge to decide now. as i said i am not giving up on deception as i have 50 k in UK bank. simple. and i am self employed in my field.

would appreciate honest sincere and general replies what do u think comes in to your mind after reading my final two replies.

have a good day.

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Post by quantum1 » Sat Jun 23, 2012 12:32 pm

jankk wrote:Well lets make it simple


The investor and his documents were all his i.e. third party documents. All prepared by him and he was responsible for verification. He gave me his bank letter confirming funds and it was issued by bank manager at the request of only investor. which is clearly mentioned on letter. The letter has original bank manager signature, investor National ID card number, his name and confirmation of more than sufficient funds.

He initially agreed to give me money and supplied documents so i applied from with in the UK and investor was sitting outside. i was not aware of investor intentions before and when application remained outstanding with Home office. He is not giving now as money is been invested else where, according to him. Also he did not verify it, nor willing to do so now

still my fault ?? yes to full extent with home office according to rules

But what about me as a human who was not aware of 3rd party intensions. living in UK for little over 7 years. no criminal record. no bad immigration history. I do not want to live here anymore but at the same time do not want to leave with deception tag. i am ready to go back but not with accusation of deception. and i will fight it to the very end. won't give up on this.

Note: i can provide a letter atleast from investor to judge stating what had happend and taking blame on himself rather than on me.
From your other post, I gather that 3rd party and Notary official say they did not know you. Its not that they changed their mind. Any letter you have will not have credibility. If it is true that they know you and changed their minds then it should be easy to get this resolved. If not then it is almost impossible to get it cleared. The thing about lying is that once it is discovered all the holes in the story become evident. The same applies to truth, if telling the truth there would be other evidence to support the story.

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Post by jankk » Sat Jun 23, 2012 5:25 pm

From your other post, I gather that 3rd party and Notary official say they did not know you. Its not that they changed their mind. Any letter you have will not have credibility. If it is true that they know you and changed their minds then it should be easy to get this resolved. If not then it is almost impossible to get it cleared. The thing about lying is that once it is discovered all the holes in the story become evident. The same applies to truth, if telling the truth there would be other evidence to support the story.




thanks for your reply and you are right but the thing is in my home country the notary official and investor do not know too much difference between the statments and would not know the severe consequences of them statments in english law or any other country law of whether to say 'they do not know me' or to say ' we have change the mind' as long as they are not giving me money they will simply say anything which will deny me from using the funds.

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Post by jankk » Sat Jun 23, 2012 5:27 pm

quantum1 wrote:
jankk wrote:Well lets make it simple


The investor and his documents were all his i.e. third party documents. All prepared by him and he was responsible for verification. He gave me his bank letter confirming funds and it was issued by bank manager at the request of only investor. which is clearly mentioned on letter. The letter has original bank manager signature, investor National ID card number, his name and confirmation of more than sufficient funds.

He initially agreed to give me money and supplied documents so i applied from with in the UK and investor was sitting outside. i was not aware of investor intentions before and when application remained outstanding with Home office. He is not giving now as money is been invested else where, according to him. Also he did not verify it, nor willing to do so now

still my fault ?? yes to full extent with home office according to rules

But what about me as a human who was not aware of 3rd party intensions. living in UK for little over 7 years. no criminal record. no bad immigration history. I do not want to live here anymore but at the same time do not want to leave with deception tag. i am ready to go back but not with accusation of deception. and i will fight it to the very end. won't give up on this.

Note: i can provide a letter atleast from investor to judge stating what had happend and taking blame on himself rather than on me.
From your other post, I gather that 3rd party and Notary official say they did not know you. Its not that they changed their mind. Any letter you have will not have credibility. If it is true that they know you and changed their minds then it should be easy to get this resolved. If not then it is almost impossible to get it cleared. The thing about lying is that once it is discovered all the holes in the story become evident. The same applies to truth, if telling the truth there would be other evidence to support the story.
thanks for your reply and you are right

but the thing is in my home country the notary official and investor do not know too much difference between the statments and would not know the severe consequences of them statments in english law or any other country law of whether to say 'they do not know me' or to say ' we have change the mind' as long as they are not giving me money they will simply say anything which will deny me from using the funds.

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Post by geriatrix » Sat Jun 23, 2012 5:40 pm

jankk,

Irrespective of the justifications you may provide on the forum, if you wish to have the "tag" removed, the only option you have is to prove your innocence in front of a judge.

Suggest that you seek legal advice from a competent solicitor about your situation.

Whatever reasons or justifications you may provide here serves no purpose because the forum members cannot verify whether you are stating the truth or not. And it will be inappropriate for any member to read between the lines and come to any conclusion that may not be accurate.

No one but you knows the facts as they are, so no one but you can determine what you need to do to prove your innocence. How to go about achieving that is something that a solicitor can advise you about.
Life isn't fair, but you can be!

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Post by jankk » Wed Jun 27, 2012 9:51 pm

sushdmehta wrote:jankk,

Irrespective of the justifications you may provide on the forum, if you wish to have the "tag" removed, the only option you have is to prove your innocence in front of a judge.

Suggest that you seek legal advice from a competent solicitor about your situation.

Whatever reasons or justifications you may provide here serves no purpose because the forum members cannot verify whether you are stating the truth or not. And it will be inappropriate for any member to read between the lines and come to any conclusion that may not be accurate.

No one but you knows the facts as they are, so no one but you can determine what you need to do to prove your innocence. How to go about achieving that is something that a solicitor can advise you about.

thanks for ur reply.

yes i have requested the letter from investor as solicitor is going to prepare my case only to remove the falsification tag. wish me a good luck.

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Post by ens » Mon Jul 09, 2012 4:44 pm

jankk wrote:From your other post, I gather that 3rd party and Notary official say they did not know you. Its not that they changed their mind. Any letter you have will not have credibility. If it is true that they know you and changed their minds then it should be easy to get this resolved. If not then it is almost impossible to get it cleared. The thing about lying is that once it is discovered all the holes in the story become evident. The same applies to truth, if telling the truth there would be other evidence to support the story.




thanks for your reply and you are right but the thing is in my home country the notary official and investor do not know too much difference between the statments and would not know the severe consequences of them statments in english law or any other country law of whether to say 'they do not know me' or to say ' we have change the mind' as long as they are not giving me money they will simply say anything which will deny me from using the funds.
there were no need for them to say "they dont know you".
not even pay you 200K.

you would need to demonstrate funds invested for EXTENSION only...

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Post by yoldashh » Sat Jul 28, 2012 9:40 am

whats happening with your case now??did you sort urself out yet?

jankk
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Post by jankk » Fri Sep 07, 2012 10:20 pm

yoldashh wrote:whats happening with your case now??did you sort urself out yet?

I have hired a solicitor and he is fighting out my case. As initially my appeal was allowed to limited extent by the immigration judge. So home office almost took 4 months and again didn't issue me removal letter but once again refused the visa confirming that they did ask and are sure that i have used deception.

My solicitor wrote a letter explained the whole situation to Case worker after the 1st tier tribunal decision thinking they home office will come up this time with removal decision and we will appeal against removal decision but they did not !

Because my solicitor wrote a detailed letter to the case worker and explaining the whole situation. Also mentioned that my 7 years in this country has now been completed and i have no previous offences recorded against me nor any criminal convictions.

now we have filed an appeal so hoping to get a hearing soon with in 2 months time. So me and my barrister will go and lets see what happens. fingures crossed. So we have basically appealed again to first tier tribunal and the process started from scratch for appeals. and it might take about 2 more years until it goes to high court. and by then i will be in this country lawfully for 9 years. if this goes to that time limit. But i seriously wonder that how will i be able to stay for such a long time with out seeing my family. God it is mental torture and depression. Always better to leave rather than facing such time. don't know whether i would be able to get any chance with human rights act for my innocence or not. time will tell.

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