Appeal on 8 January 2014

[Bekub]

Hi,
Could you please advice me regarding my appeal on 8th January 2014. I have some critical circumstances arise after refusal, my team member has not no appeal right, therefore he has left the UK.
here is the refusal reasons:
It was stated in the refusal letter I received, that the requirement to show that I had an investment amount of £50,000 was not properly executed. ( we have 50,000 in our joint accout) the UKBA was not satisfied that because a large portion of £27,000 was transferred over a short period of time.

In my interview, I mentioned that I have 50 clients but I did not submit any new contract papers on interview date.

I am in accountancy and management consultancy business, this type of business need chartered accountant, where as none of us is not chartered accountant.

I do not have previous business experience.

I was doing manual job in a factory while I was in PSW, I did not start or develop business in first year.


guys please give me advice.

[Olasunkanmi]

@ Bekub,

Could you please advice me regarding my appeal on 8th January 2014. I have some critical circumstances arise after refusal, my team member has not no appeal right, therefore he has left the UK.

Since your team member have left the UK, you need to show your own separate 50k funds in your personal account and submitting a fresh application will ne your best option.


here is the refusal reasons:
It was stated in the refusal letter I received, that the requirement to show that I had an investment amount of £50,000 was not properly executed. ( we have 50,000 in our joint accout) the UKBA was not satisfied that because a large portion of £27,000 was transferred over a short period of time.

If this is your main refusal reason, then you have a very high chance of winning your appeal, but considering the fact that your team member has already left UK, you might not have any basis to continue your appeal because even if you win your appeal, Home Office are very likely to refuse your application with new reason that your initial application is no longer valid because your team application is no more applicable.

In my interview, I mentioned that I have 50 clients but I did not submit any new contract papers on interview date.

I am in accountancy and management consultancy business, this type of business need chartered accountant, where as none of us is not chartered accountant.

I do not have previous business experience.

I was doing manual job in a factory while I was in PSW, I did not start or develop business in first year.


guys please give me advice.[/quote]

[Bekub]

@ Bekub,

Could you please advice me regarding my appeal on 8th January 2014. I have some critical circumstances arise after refusal, my team member has not no appeal right, therefore he has left the UK.

Since your team member have left the UK, you need to show your own separate 50k funds in your personal account and submitting a fresh application will ne your best option.


here is the refusal reasons:
It was stated in the refusal letter I received, that the requirement to show that I had an investment amount of £50,000 was not properly executed. ( we have 50,000 in our joint accout) the UKBA was not satisfied that because a large portion of £27,000 was transferred over a short period of time.

If this is your main refusal reason, then you have a very high chance of winning your appeal, but considering the fact that your team member has already left UK, you might not have any basis to continue your appeal because even if you win your appeal, Home Office are very likely to refuse your application with new reason that your initial application is no longer valid because your team application is no more applicable.

In my interview, I mentioned that I have 50 clients but I did not submit any new contract papers on interview date.

I am in accountancy and management consultancy business, this type of business need chartered accountant, where as none of us is not chartered accountant.

I do not have previous business experience.

I was doing manual job in a factory while I was in PSW, I did not start or develop business in first year.


guys please give me advice.

[/quote]
Hi,
Thanks for your reply. I just want to give you more following update:
1. My business partner has given me consent to invest his 25000 in my business as third party investment before he left the UK.
2. already I have invest 50,000 in my business, and prepare annual unaudited account for last one year.
3. I have invested it as share capital. I own 50,000 share, each share £1 of the company. I am only share holder and director of the company now.
4. My business is really good condition, business bank statement can prove it.
5. I have more than 50 clients and last year turn over has 40,000.
6. I have currently 4 employees and already paid £6500 as Tax and NI to HMRC.

please give me your advice in above condition.
thanks again

[Olasunkanmi]

@ Bekub, if you have been able to secure the 50k funding on your own, then I think that you might still be better off making plans for a fresh application should in case your appeal get refused as you have other refusal points base on in-experience and not having a chartered accountant to run the Accounts and taxation section of your business.

[Bekub]

@ Bekub, if you have been able to secure the 50k funding on your own, then I think that you might still be better off making plans for a fresh application should in case your appeal get refused as you have other refusal points base on in-experience and not having a chartered accountant to run the Accounts and taxation section of your business.

Thanks for your reply. I definitely consider your advice very deeply. However, what do you think how much chance to win appeal under this condition?
Will court consider leaving business of my partner positively?
Can I reapply with same company? My company is more than one year old now, and it is not possible for me to turn it to another name because already it is boost condition.

[Olasunkanmi]

@ Bekub, I have no idea how your appeal could turn out because of your refusal points and the issue of your team member pulling out.

You can re-apply with the same company as your business is already trading and there is no rule that says you cannot use a company which is more than a year old, the rule just states that you must be a director of the company or self-employed within 3months before your application.

[Bekub]

@ Bekub, I have no idea how your appeal could turn out because of your refusal points and the issue of your team member pulling out.

You can re-apply with the same company as your business is already trading and there is no rule that says you cannot use a company which is more than a year old, the rule just states that you must be a director of the company or self-employed within 3months before your application.

Hi,
your advice is really helpful and I am getting so many thing clear.
Could you please tell that what does mean within last tree month?
My understanding is that it should not be more than tree month before of your application. In that case how can I apply with present company where I am director for the last one year.

thanks you very much for your valuable reply.

[Olasunkanmi]

@ Bekub,

Could you please tell that what does mean within last tree month?
My understanding is that it should not be more than tree month before of your application. In that case how can I apply with present company where I am director for the last one year.

I think you should be ok if you get a recent CAR from companies house to show that you are still a director of your company as at the time of your application.

Since you said that your company is already trading, then you shouldn't have much problem proofing your genuinety in your business.

[rayuk]

@bebuk: I am not sure, if withdrawl of you Appeal and making a fresh application is the best route for you as withdrawl of appeal would terminate your section 3C leave. You may then have no right to continue employment or business.. as you are already doing work in your business this may be a problem for you unless you are allowed to work as part of your fresh application.
I am no expert on this matter though and I feel for your case you should seek professional advice.
I am a PSW visa holder who work as an entrepreneur for more than a year now with money invested into company and have employed 03 people already (1 full time, 2 part time) besides myself.

My application was also refused by UKBA but my appeal to the First tier Tribunal this month was allowed but UKBA now challenges the decision of the first tier tribunal Judge. Lets see where this goes, all the best to you too.

[Bekub]

@bebuk: I am not sure, if withdrawl of you Appeal and making a fresh application is the best route for you as withdrawl of appeal would terminate your section 3C leave. You may then have no right to continue employment or business.. as you are already doing work in your business this may be a problem for you unless you are allowed to work as part of your fresh application.
I am no expert on this matter though and I feel for your case you should seek professional advice.
I am a PSW visa holder who work as an entrepreneur for more than a year now with money invested into company and have employed 03 people already (1 full time, 2 part time) besides myself.

My application was also refused by UKBA but my appeal to the First tier Tribunal this month was allowed but UKBA now challenges the decision of the first tier tribunal Judge. Lets see where this goes, all the best to you too.

@Olasunkanmi
Hi,
Can I write about my business partner that he already left the UK due to not having appeal right and gave me full access to the funds.
Do you think it could be acceptable reason.

I have another question for you:
If some one got his visa with team member, later he had problem with his business partner or his business partner in case die, in that case exist partner's visa will be revoke? Will he not be allowed for extension? as you told in earlier, my initial application has been invalid due to leaving of my partner.
as my understanding, Home Office is very concern about access in full 50000 from both of them, why? because they want to make sure in any circumstance either both or any one of them alone can continue the investment. if it is not right, they do not need consent from both partners to access each other funds.

please write your valuable comments.

thanks

[Olasunkanmi]

Hi,
Can I write about my business partner that he already left the UK due to not having appeal right and gave me full access to the funds.
Do you think it could be acceptable reason.

You can write a letter that your team member gave you permission to use his own portion of the funds, but you still need to get a third party letter from him because of the joint account, this wont be necessary if you can transfer the 50k into your personal account.


I have another question for you:
If some one got his visa with team member, later he had problem with his business partner or his business partner in case die, in that case exist partner's visa will be revoke? Will he not be allowed for extension? as you told in earlier, my initial application has been invalid due to leaving of my partner.
as my understanding, Home Office is very concern about access in full 50000 from both of them, why? because they want to make sure in any circumstance either both or any one of them alone can continue the investment. if it is not right, they do not need consent from both partners to access each other funds.

If 2 people got visa as entrepreneur team on 50k and then one team member decide to pull out, the obvious solution is for the second team member to raise his own separate 50k funds and show that he has invested the full 50k on his own by the time of his extension.

[Bekub]

Hi,
Can I write about my business partner that he already left the UK due to not having appeal right and gave me full access to the funds.
Do you think it could be acceptable reason.

You can write a letter that your team member gave you permission to use his own portion of the funds, but you still need to get a third party letter from him because of the joint account, this wont be necessary if you can transfer the 50k into your personal account.


I have another question for you:
If some one got his visa with team member, later he had problem with his business partner or his business partner in case die, in that case exist partner's visa will be revoke? Will he not be allowed for extension? as you told in earlier, my initial application has been invalid due to leaving of my partner.
as my understanding, Home Office is very concern about access in full 50000 from both of them, why? because they want to make sure in any circumstance either both or any one of them alone can continue the investment. if it is not right, they do not need consent from both partners to access each other funds.

If 2 people got visa as entrepreneur team on 50k and then one team member decide to pull out, the obvious solution is for the second team member to raise his own separate 50k funds and show that he has invested the full 50k on his own by the time of his extension.

Hi,As I have written earlier already I have done third party declaration from him, so, it is not a problem.

However, you mentioned earlier that if I win the appeal, still there is a chance to refuse my application because my business parent has already left the country, therefore my initial application is not valid.

could you please explain more about this. please consider that my business partner has given me third party declaration and already I have invest all £50,000 fund alone in to my business. so, why home office might refuse in such a ground?

[Bekub]

Hi,
Can I write about my business partner that he already left the UK due to not having appeal right and gave me full access to the funds.
Do you think it could be acceptable reason.

You can write a letter that your team member gave you permission to use his own portion of the funds, but you still need to get a third party letter from him because of the joint account, this wont be necessary if you can transfer the 50k into your personal account.


I have another question for you:
If some one got his visa with team member, later he had problem with his business partner or his business partner in case die, in that case exist partner's visa will be revoke? Will he not be allowed for extension? as you told in earlier, my initial application has been invalid due to leaving of my partner.
as my understanding, Home Office is very concern about access in full 50000 from both of them, why? because they want to make sure in any circumstance either both or any one of them alone can continue the investment. if it is not right, they do not need consent from both partners to access each other funds.

If 2 people got visa as entrepreneur team on 50k and then one team member decide to pull out, the obvious solution is for the second team member to raise his own separate 50k funds and show that he has invested the full 50k on his own by the time of his extension.

Hi,As I have written earlier already I have done third party declaration from him, so, it is not a problem.

However, you mentioned earlier that if I win the appeal, still there is a chance to refuse my application because my business parent has already left the country, therefore my initial application is not valid.

could you please explain more about this. please consider that my business partner has given me third party declaration and already I have invest all £50,000 fund alone in to my business. so, why home office might refuse in such a ground?

http://www.immigrationboards.com/viewto ... highlight=

[Bekub]

@ Bekub,

Could you please advice me regarding my appeal on 8th January 2014. I have some critical circumstances arise after refusal, my team member has not no appeal right, therefore he has left the UK.

Since your team member have left the UK, you need to show your own separate 50k funds in your personal account and submitting a fresh application will ne your best option.


here is the refusal reasons:
It was stated in the refusal letter I received, that the requirement to show that I had an investment amount of £50,000 was not properly executed. ( we have 50,000 in our joint accout) the UKBA was not satisfied that because a large portion of £27,000 was transferred over a short period of time.

If this is your main refusal reason, then you have a very high chance of winning your appeal, but considering the fact that your team member has already left UK, you might not have any basis to continue your appeal because even if you win your appeal, Home Office are very likely to refuse your application with new reason that your initial application is no longer valid because your team application is no more applicable.

In my interview, I mentioned that I have 50 clients but I did not submit any new contract papers on interview date.

I am in accountancy and management consultancy business, this type of business need chartered accountant, where as none of us is not chartered accountant.

I do not have previous business experience.

I was doing manual job in a factory while I was in PSW, I did not start or develop business in first year.


guys please give me advice.

[/quote]

Hi Friends,
My hearing is tomorrow, please pray for me.

[Bekub]

@ Bekub,

Could you please advice me regarding my appeal on 8th January 2014. I have some critical circumstances arise after refusal, my team member has not no appeal right, therefore he has left the UK.

Since your team member have left the UK, you need to show your own separate 50k funds in your personal account and submitting a fresh application will ne your best option.


here is the refusal reasons:
It was stated in the refusal letter I received, that the requirement to show that I had an investment amount of £50,000 was not properly executed. ( we have 50,000 in our joint accout) the UKBA was not satisfied that because a large portion of £27,000 was transferred over a short period of time.

If this is your main refusal reason, then you have a very high chance of winning your appeal, but considering the fact that your team member has already left UK, you might not have any basis to continue your appeal because even if you win your appeal, Home Office are very likely to refuse your application with new reason that your initial application is no longer valid because your team application is no more applicable.

In my interview, I mentioned that I have 50 clients but I did not submit any new contract papers on interview date.

I am in accountancy and management consultancy business, this type of business need chartered accountant, where as none of us is not chartered accountant.

I do not have previous business experience.

I was doing manual job in a factory while I was in PSW, I did not start or develop business in first year.


guys please give me advice.

Hi Friends,
My hearing is tomorrow, please pray for me.[/quote]


Hi friends,
I had appeal today and it was a horrible experience. I was asked by HO representative more than 30 questions. Most of the questions was regarding source of funds and my leaving the UK of my business partner, my business transaction, investment, employees' details, their salaries and advertisements.
it seems that there is 50/50 chance to win appeal. apart from the issues regarding of the source of funds and leaving the UK of my ex business partner, every thing was very nice and positive. However, I may think the sources of fund would be very big issue, if the appeal is dismissed.

Just I need all of your hope and prayer for me.
thanks all of you guys for your generous supports

[itk]

May God grant you the desires of your heart. Please stay strong and do not, I mean do not be afraid God will decide this case for you, you might not have the desired requirements but one thing for sure I know you have is the mercies of God. I pray again for you that the mercy of God be with you.

[Bekub]

May God grant you the desires of your heart. Please stay strong and do not, I mean do not be afraid God will decide this case for you, you might not have the desired requirements but one thing for sure I know you have is the mercies of God. I pray again for you that the mercy of God be with you.

Thank you very much. We all should keep faith and pray for every one who ever is suffered by monster UKBA.

[Olasunkanmi]

@ Bekub, I will advice that you make necessary plan for a fresh application so you can submit it immediately if the appeal decision is not favourable.

[Bekub]

@ Bekub, I will advice that you make necessary plan for a fresh application so you can submit it immediately if the appeal decision is not favourable.

@ Olasunkami,
I appreciate you advice. My passport has expired and I will not able to renew it unless submit the present passport to the high commission with renew form. On the other hand, HO requirement is to submit at least 6 month's valid passport with application. As you know that HO kept my present passport. Do you think, is there any other option?

[bus]

Hi
im also in bit similar situation can you pls let me know what happen did you get a favourable answer? pls update

[Bekub]

No, I am not, rather I am confused. I am just waiting for my hearing date in UT.