One team member visa refused another approved

[Smartpen]

I am in such a situation where I don't know what to do.

My partners visa has been approved and my visa is refused.

The reason for refusal is the amount 50000 is in my partners account. After giving a solicitor letter as well, they say I do not have access to those funds. We had requested UK bank where funds were held to issue a letter. They issued a letter stating they cannot issue any customised letter.

I also have appeal rights. Please give some suggestions.

Thanks

[RizKCB]

Add yourself as a second member within your partners' account to make it joint account and present fresh statement in appeal with some valid excuse why you didnt do it in first place. This could be the best way in my opinion to prove yourself genuine entrepreneur now.

Your turn for oral appeal hearing might come after March 2014... Plan accordingly.

[Smartpen]

thnq for reply,

here are my rejections:
"you have been awarded 0 points under Appendix A, 10 points under Appendix B and 10 points under Appendix C.
Appendix A:
Applicant has Access to funds as required:
0 Points

You have stated that you have access to funds of £50000 being supplied by third party being made available to your business by a third party.

As evidence of this you have provided:

1. a letter and bank statement from Lloyds TSB;

However, the bank letter is not accpetable because it does not state your name nor does it confirm the amount of momey being available to you and bank statements that you have provided are not acceptable because they are for an account that is not in your name, as required by paragraph 41-SD(a)(ii)(4) of Appendix A, as the account name on the statement is Mr. XYZ. You have therefore not submitted the specified evidence as listed under paragraph 41-SD to establish that you have access to the funds that you are claiming.

You have not provided any evidence that you qualify for points under any of the other provisions in the first row of Table 4 of Appendix A of the rules and we have therefore been unable to award points for Attributres.

Funds held in regulated financial institution(s):
0 points

As explained earlier in this letter you have not demonstrated you have access to funds as required.
we have therefore been unable to award points, in line with the published guidance and Appendix A of the Immigration Rules.

Funds disposable in the UK

0 points

As explained earlier in this letter, you have not demonstrated that you are eligible to be awarded points under provision(d) in the first row of Table 4 of Appendix A of the immigration rule for having access to £50000.
we have therefore been unable to award points, in line with the published guidance and Appendix A of the Immigration Rules.


The secretary of State is therefore not satisfied that you have met the requirements to be awarded a minimum of 75 points under Appendix A of the Immigration Rules".

_______________________________________________________

Will I have chances to win in Appeal?


and tell me more expert advices. and give some good barrister numbers.

[rizwan567]

Give an evidence in appeal that bank refused to issue such letter. This could be a letter from the bank confirming that they can not issue such letter

[Manikbl]

Hi Smartpen,
It’s really sad to hear that your visa is refused, while your partner visa is approved. Anyway, I believed HO was confused when they made the decision as your third party was your partner. So your documents should be justify on the bases of ‘paragraph 41-SD(b)(i)(ii) of Appendix A’[ applicant using money from a third party], not on the bases of ‘paragraph 41-SD(a)(ii)(4) of Appendix A’.
That is why, as HO said: ‘’you have not submitted the specified evidence as listed under paragraph 41-SD to establish that you have access to the funds that you are claiming’’ is not true at all. Because you have submitted 41-SD(b)(i): an original declaration from third party and 41-SD(b)(ii): a letter from a legal representative conforming the validity of signatures on third-party declaration.
So I believe you will be fine if you go for appeal. Anyway, all the explanation I mention above is my own opinions. So you should discuss with any expert or legal adviser.

Wish you all the best.

[Smartpen]

Hi rizwan567,

Thanks alot for reply. We have already put that letter which is issued by bank on their letter head with bank manager signature.

And

Hi manikbi,

Thank you very much for reply,

I have submitted everything what they asked in 41-SD(b) (i) & (ii).
Recently I met 5 solicitors, everybody saying easy win case.
One is saying paper appeal and rest four solicitors says oral appeal. Paper appeal person explained situation clearly. But still I need suggestion from here.
Could any experts give suggestion please which is more effective.

Regards,

[Smartpen]

Hi guys,

I am bit tension and unable decide my self which appeal shall I go paper or oral. As per the deemed date on the letter this Friday gonna be 10th working day, I have to post before Friday. I have received rejection letter just last Friday only.

Could you please help here which appeal best for my case. And Does anybody
Success in paper appeal?
Regards,

[smehmood]

thnq for reply,

here are my rejections:
"you have been awarded 0 points under Appendix A, 10 points under Appendix B and 10 points under Appendix C.
Appendix A:
Applicant has Access to funds as required:
0 Points

You have stated that you have access to funds of £50000 being supplied by third party being made available to your business by a third party.

As evidence of this you have provided:

1. a letter and bank statement from Lloyds TSB;

However, the bank letter is not accpetable because it does not state your name nor does it confirm the amount of momey being available to you and bank statements that you have provided are not acceptable because they are for an account that is not in your name, as required by paragraph 41-SD(a)(ii)(4) of Appendix A, as the account name on the statement is Mr. XYZ. You have therefore not submitted the specified evidence as listed under paragraph 41-SD to establish that you have access to the funds that you are claiming.

You have not provided any evidence that you qualify for points under any of the other provisions in the first row of Table 4 of Appendix A of the rules and we have therefore been unable to award points for Attributres.

Funds held in regulated financial institution(s):
0 points

As explained earlier in this letter you have not demonstrated you have access to funds as required.
we have therefore been unable to award points, in line with the published guidance and Appendix A of the Immigration Rules.

Funds disposable in the UK

0 points

As explained earlier in this letter, you have not demonstrated that you are eligible to be awarded points under provision(d) in the first row of Table 4 of Appendix A of the immigration rule for having access to £50000.
we have therefore been unable to award points, in line with the published guidance and Appendix A of the Immigration Rules.


The secretary of State is therefore not satisfied that you have met the requirements to be awarded a minimum of 75 points under Appendix A of the Immigration Rules".

_______________________________________________________

Will I have chances to win in Appeal?


and tell me more expert advices. and give some good barrister numbers.

Hi

Go for appeal, just get a letter from bank saying they can not write your name.if u can,t get letter then try to find someone who has refusal for same reason and their appeal was successful, or just try to find from internet

i know many cases where treasury solicitor drop the case before hearing

Regards

[Manikbl]

Hi Smartpen,
Hope u r fine and logged ur apple successfully.
Anyway, I’m going to apply my T1 visa in October. And at the moment I’m working on my business plan. My business will be almost same like ur one, which is Recruitment service especially for Hotel industry (as I done my degree in Hotel management). So I will be very grateful if u can share ur business plan with me. So that, I can get a very clear idea about my business plan. My e-mail id:
manikbl@yahoo.com.

Thanks in advance. And wish all the best for your successful apple outcome.

Regards,
Manik…

[Smartpen]

Hi guys,

Thnq for your cooperation earlier...

Before going to ask question will shortly explain my situation.

Team application on £50k applied on 26th June 2013.
My partner got visa on 21st July (£50k money held in his account)
My visa rejected on 22nd July due no access to funds.
Then I filed paper appeal on 12th August.
Appeal allowed on 6th jan. letter received 7th jan.

Yesterday I called tier1 tribunal and asked that did home office Appealed to upper tribunal they said they haven't heard anything from home office.

Bad news: my business partner ditched me and left the company this week. £50,000 is in his account (he got visa on 21st July 2013 and he was my third party).

WHAT HAPPENS NEXT?
1) Do I have a chance to get biometric card & passport from UKBA straight away as they didn't applied for upper tribunal.
2) Is there a chance for ukba to ask for extra documents from my end( Statement etc) as my partner had 50k in his account & he is not willing to lend me the statement as he is not associated to my company as he has resigned. Not listed in the company as a managing director anymore.
3) OR Any other possible option

KINDLY PLEASE ADVICE ME AS ITS VERY VERY COMPLEX SITUATION FOR ME.

THANKS A MILLION IN ADVANCE.

[Olasunkanmi]

@ Smartpen,
1) Do I have a chance to get biometric card & passport from UKBA straight away as they didn't applied for upper tribunal.

You may be lucky to get your BRP card and passport after winning appeal without HO requesting for any additional document, but HO may ask for additional documents and if this happen, then you will have to decide on your next line of action.


2) Is there a chance for ukba to ask for extra documents from my end( Statement etc) as my partner had 50k in his account & he is not willing to lend me the statement as he is not associated to my company as he has resigned. Not listed in the company as a managing director anymore.

If you are lucky to get your BRP and passport without further request for additional documents from HO, then you will have to get your own 50k funding and your own new company ready for investment before your next extension.

3) OR Any other possible option

You also have the option of submitting a fresh application as single applicant with your own 50k funds evidence.

[qkiyani]

hi smartpen,

it really depends on ur decision.... first kindly can u plz share ur decision from the judge bcaz somtimes judges allow the appeal for issuance of visa n sometimes they allow appeal to extent that means for reconsideration. if it is allowed to extent for reconsideration then only thing u need to arrange is 50k on ur own because they must ask for proof of funds again....
hopefully this will help

[Smartpen]

Thnq for your reply @Olasunkanmi and @ qkiyani.

Judge decision is for my appeal is:

1. The appeal in respect of immigration rules is allowed.

2. The appeal is allowed on human rights ground.

3. No anonymity direction is made.

Thanks again.

[qkiyani]

hi smartpen,


Ur appeal decision seems to b for issuance of visa. most likely u will get ur BRP in 4 to 5 weeks but for safe side arrange 50k on ur own aswell may b they can ask for it n if they ask for proof of funds then u will only b given 7 days for submission......

[Smartpen]

Thnq qkiyani,

I am going to show money in two accounts i.e.
One is £15000 in my uk bank account and £35000 (Rs.380000) in overseas joint account with brother in law. Do I need any further letter for overseas funds such as affidevit or third party letter.

Hoping for the best....

Thnq in advance.

[Olasunkanmi]

@ smartpen, when you say oversea joint account with brother in law, do you mean the joint account is in your name and your brother in law name and no one else? If yes, then your brother in law will have to stand for you as a third party sponsor and he will also have to give you a dedeclaration letter attested to by a legal representative stating that you both have equal access to the funds in the joint account.

[Smartpen]

Thnks a lot Olasunkanmi,

Yes my brother in law is my third party and joint account holder with me, he's resident of India only. He is ready to give all kind of letters whatever I required.
Joint account means both accountants have equal rights on funds, then why do I need declaration letter.
Could you pls let me know.

Thanks a lot for your time & reply,

[Cvc]

Hi Smartpen
Please check ur message box.
Thanks