Tier 1 E Extension Refused - Readily Identifiable Investment

[Atif786]

Gurus,

Just wanted to check if I can also highlight that the personal account number on business bank statement showing 50K transfer is the same as one used for maintenance fund.

The fear is that home office may say that the personal bank statement document was never received as they had misplaced photographs of my daughter and I had to resend it during the initial stage of application. Pointing to my maintenance fund account number would ensure that the account number on the business bank statement was identifiable. This can be mentioned towards the end of the AR.

Thanks

AK

Hi Ahad, any update on your AR?

[Atif786]

Dear marcnath,
There is no rule in the immigration rules ask you to show your name under the transaction in the business account statement, I know it is in the guidance, but no rules say that.

Please clarify

Section 46 -SD (a)(iii) of Appendix A of immigration rules states:
(iii) If the applicant has made the investment in the form of a director’s loan, it must be shown both in the relevant set of financial accounts provided, and through readily identifiable transactions in the applicant’s business bank statements, which must clearly show the transfer of this money from the applicant to his business

The rules or the guidance does not state that "readily identifiable" or " from the applicant " means name, which is why my suggestion that linking the personal bank account number to the applicants name using another document (personal bank statement) is sufficient.

There may be other ways of satisfying the requirement, but the name is maybe the easiest.

Of course, this applies to investment by DL only. For share capital, the company accounts is sufficient.

Hi Marcnath, I hope you are well,
Hi,

I have applied in march 2017 and still waiting for decision ,
I have the same scenario, I transferred , 50k into business account from personal in 3 transaction in 2 consecutive days , first one was a faster or chaps payment of 20k from personal to business and it's showing my business name on personal and my name on business statement however the subsequent 2 transactions were internal transfer form the same Natwest personal to Natwest business as there were charges for
chaps payment but later on I realised that personal statement is only showing business account number and business showing personal account number , so I mentioned that in a covering letter and also managed to get a letter from branch manager clarifying and stating the same with all the 3 transaction details from my personal to business .
I hope they accept it as we don't have any control over as to how the name will show up on bank statements.

Shall I send another letter stating that please link up my personal bank statement to business statement to verify the investment coming from my personal account by talling the account numbers ?
However I have very categorically mentioned in my covering letter about it and also in the list of documents that for investment proof , I have submitted , Business , personal statement and letter from my bank manager explaining the payment is from my personal to business account and why they have different narrative in reference .
Is there anything else can be done to bring this point to CW's notice.
Thanks

[marcnath]

It looks like you have provided all the necessary documents to meet the requirement and even explained in the cover letter. I don't think you can do more.
In the unfortunate event that the CW misses it, at least you have all the things in place for a successful AR.

[Atif786]

Thanks for the reply, I can't even think of AR and other stuff, just hope and pray everything goes well in the first time itself ,
Just to bring it to your notice that I made investment and transferred funds in may 2015, I have read somewhere in the forum that readily and identifiable line came into policy Guidence somewhere in mid may , if that's the case can I just write a covering letter to CW explaining the same that at the time of investment readily and identifiable requirement wasn't there so I never paid attention to the payment reference and how the name appears .
Waiting for Ahad's AR result and we'll have more clearer picture .
Is there any way to get 2015 archived police guide ?
Your take on it plz,

[marcnath]

You have enough evidence to satisfy "readily identifiable", so that is fine.
Explain that in the cover letter.

The fact that the guidance changed in 2015 is still something you can use in AR, if needed, but in my opinion better not to complicate it because you don't need that excuse.

[Atif786]

Thanks Machnath, I appreciate it, please pray for me as I need to travel to India asap as my mom
Is not well

[k_ahad]

Hi Atif,

I am still awaiting a decision on AR. I complete 28 days on 25th August. So hopefully some good news to share in the next week

[Party Rocker]

hello marcnath and other members,
my question is as I have two personal bank accounts and the one I send for maintenance is not containing the detail of transfer of fund to business account as I have transfer fund from my other personal account for which I never send the bank statement as business account bank statement clearly shows my name so as my partner name against each transaction which I consider is sufficient and I also send them a separate annexe which tell them each transaction amount, date and transferring person name.
do you guys think it is enough or should I send them 2nd personal account bank statement too.
thanks in advance....

[nish_patel7]

Hi Gurus,

I have a same problem, I made roughly £7000 investment through Barclays personal account to Barclays Business Account, only account number is showing against the investment transaction. What should I do? I have already applied for the extension in July 2017 and awaiting decision, Should I send them a bank letter with cover letter explaining the matter? Please notice I have submitted both the personal account statements and business account statements so logically that should match the readily Identifiable requirements.

[CR001]

@ users 'Party Rocker' and 'nish_patel7' - this topic is NOT a general discussion topic. Start your own thread or continue in one you already have. It is considered rude to tag your questions onto another members topic and it creates confusion.

[addmein]

Hi, have you got the AR reply Yet.? i hope your decision should be overturned

[k_ahad]

Dear All,

The decision was overturned and we received our Visa last Friday. I updated the post but for some reason it didn't get updated.

Big relief and also good news for other Applicants. All the best to all still awaiting decision.

[marcnath]

Dear All,

The decision was overturned and we received our Visa last Friday. I updated the post but for some reason it didn't get updated.

Big relief and also good news for other Applicants. All the best to all still awaiting decision.

Congratulations - glad it worked out even if you had to go through some unnecessary trouble and stress

[zamaha]

Dear All,

The decision was overturned and we received our Visa last Friday. I updated the post but for some reason it didn't get updated.

Big relief and also good news for other Applicants. All the best to all still awaiting decision.

Congratulation. It is a big relief.
Could you plz share your argument in AR in case we have to go through the same?
Thanks and congrats again.

[Atif786]

Congurates !!! Great news

[k_ahad]

Thank You Marc, Atif and Zamaha...

Zamaha
My whole application and AR was done through a solicitor, hence I am unable to share the entire AR. Though for guidance here is the main Argument. Also every AR would be different as it has to relate the reasons provided in the refusal letter. In case anyone comes across similar situation please don't use the following information. It's intended to give an idea what worked in my case. Hope you all won't have to go through this ordeal.

" The caseworker applied the rules incorrectly regarding the applicant's investment into ………..Company Name . We are most certain that the caseworker has completely overlooked the evidence provided, which consisted of:
- Company bank Accounts (Details here …………………………) showing a transaction on Date …………………… for ……………….. to account number ……………….
- Personal Bank Account of the applicant (account number…………..) with a highlighted incoming payment of …………….. on 10 February 2014 from account n. ……………
- A letter from Barclays confirming that the applicant is the sole signatory and account holder of account no……………….
- The investment by way of director’s loan has, therefore, been shown in the appropriate manner and in accordance with the rules.
2. The caseworker refused the application by saying that the investment does not fall under the definition of “readily identifiable transactions” in its simplest sense is because he or she did not look at the supporting evidence. No other explanation can be found at this point given the supporting documents submitted with the application. We note that the refusal letter states that business bank statements have been provided, but fails to mention that personal statements were provided as well, and they have been mentioned in both the body of the representations as well as the index at the end of the same.
3. We request the Secretary of State to consider the facts and provide clarity regarding the matter and apply the rules correctly"