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Change might not be retrospective after all.

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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rahulsingh1
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Posts: 221
Joined: Sun Jan 06, 2013 5:32 pm

Change might not be retrospective after all.

Post by rahulsingh1 » Mon Feb 04, 2013 12:22 pm

The Change which is panicking us all might not be retrospective after all.

They will not reject apps which do not adhere to new rules.

Look at this..

"4.3. The changes in this Statement will take effect on 31 January 2013. With regard to the
change set out in paragraph 9 of this Statement, this is a minor change and the only change
which alters the evidence which must be initially submitted by applicants. This change will
not apply to applications which have been made before 31 January 2013."

You can find this in this link- under page 11.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hope it helps.

But I agree that what is says here is contrictory to what it says in the new guidance and other places..

Please put in your views.

rahulsingh1
Member
Posts: 221
Joined: Sun Jan 06, 2013 5:32 pm

Post by rahulsingh1 » Mon Feb 04, 2013 12:25 pm

And the Paragraph 9 that it refers to in that particular line is this one.

" 9. In Appendix A, after paragraph 41-SD(b)(i)(8), insert:
“(9) confirmation that the money will remain available to the applicant until such time as it is transferred to the applicant or the applicant’s business.” "

You can find this on page 8 in the same link.

gumsum
Member
Posts: 121
Joined: Thu May 10, 2012 2:58 am

Post by gumsum » Mon Feb 04, 2013 1:05 pm

Implementation

The changes set out in this Statement shall take effect on 31 January 2013. With regard to the change set out in paragraph 9 of this Statement only, if an applicant has made an application for entry clearance or leave to remain before 31 January 2013 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 30 January 2013.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Re: Change might not be retrospective after all.

Post by rehan01 » Mon Feb 04, 2013 1:58 pm

rahulsingh1 wrote:The Change which is panicking us all might not be retrospective after all.

They will not reject apps which do not adhere to new rules.

Look at this..

"4.3. The changes in this Statement will take effect on 31 January 2013. With regard to the
change set out in paragraph 9 of this Statement, this is a minor change and the only change
which alters the evidence which must be initially submitted by applicants. This change will
not apply to applications which have been made before 31 January 2013."

You can find this in this link- under page 11.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hope it helps.

But I agree that what is says here is contrictory to what it says in the new guidance and other places..

Please put in your views.

This whole situation is very confusing and stressful so the best way out at present is to get the balance back to 50 k / 200k asap before they ask for a recent statement etc.


regards

la
Member of Standing
Posts: 370
Joined: Tue Oct 26, 2010 10:28 am

Post by la » Mon Feb 04, 2013 2:47 pm

Hi rehan01,

It seems you have lot of money with you for investment in this country though your business may not require.

it is not so easy that , we can arrange the money in 28 days time for 200k applicants.

Old rules do not say this all this rubbish told by UK BA. We need to file case in court surely. Hope you understand.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Mon Feb 04, 2013 2:53 pm

la wrote:Hi rehan01,

It seems you have lot of money with you for investment in this country though your business may not require.

it is not so easy that , we can arrange the money in 28 days time for 200k applicants.

Old rules do not say this all this rubbish told by UK BA. We need to file case in court surely. Hope you understand.
Hi la,

everyone circumstances is different and I have a proper business which is fully in operation and I don't have any issues with any changes as it doesn't effect me at all, but I can understand yours and other frustration and I have no issue you guys going to court or taking legal action etc.

You call these rules rubbish or whatever but I am talking about the changes in rules here they want to keep money in bank account and they only want people with money to come in the country and bring money into country.... HO is not bothered about us getting visas etc ....

they made then rules and then made amendment because they say its a abuse of system and money is been rolled over from one person to another and that is why they put the cap on this to stop the abuse.

I am not here to defend HO or myself I am just sharing my opinion, but the bottom line is you and me need visa and we have to follow the rules they telling us and if we don't we are out.

hope you understand what I mean and good luck with your case and application

regards

Tripletrouble
Junior Member
Posts: 80
Joined: Fri Aug 24, 2012 11:39 pm

Post by Tripletrouble » Mon Feb 04, 2013 4:51 pm

Guys, no need to keep the money in the bank just get an accountant to make you a business account showing where you spend the money.

Sar78
BANNED
Posts: 84
Joined: Sat Dec 08, 2012 3:45 pm

Post by Sar78 » Tue Feb 05, 2013 6:08 am

Only the rule that third party documents must confirm ongoing access to funds is not retrospective, everything else is.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Wed Feb 06, 2013 3:02 am

Tripletrouble wrote:Guys, no need to keep the money in the bank just get an accountant to make you a business account showing where you spend the money.
yes you are right its not a problem account can show you spend it but its only possible if you have access to the funds and you have some sort of prove that you bought something or paid someone etc .... remember we need to transfer investment funds into business account before we can use these funds for investment in business.

As transferring funds into business account itself fulfil the requirement that money is invested as money is in business account and its business money and corporation tax is applicable.

for example ..... your business might don't need investment of 50k ... it might need only 30k to setup everything and running the way it should be so in that case you have to have access to 20k (in business bank account) and prove of investment of 30k.

seek professional accountant advise I am sure it will clear loads of question in your head that how it is for accountant to do all this.

regards

KickAss
Member of Standing
Posts: 294
Joined: Mon Jan 02, 2012 8:36 pm
Location: Surrey

Post by KickAss » Wed Feb 06, 2013 6:49 am

rehan01 wrote:
Tripletrouble wrote:Guys, no need to keep the money in the bank just get an accountant to make you a business account showing where you spend the money.
yes you are right its not a problem account can show you spend it but its only possible if you have access to the funds and you have some sort of prove that you bought something or paid someone etc .... remember we need to transfer investment funds into business account before we can use these funds for investment in business.

As transferring funds into business account itself fulfil the requirement that money is invested as money is in business account and its business money and corporation tax is applicable.

for example ..... your business might don't need investment of 50k ... it might need only 30k to setup everything and running the way it should be so in that case you have to have access to 20k (in business bank account) and prove of investment of 30k.

seek professional accountant advise I am sure it will clear loads of question in your head that how it is for accountant to do all this.

regards
Moreover, you have to make sure you are investing money in your business needs and you must have to provide proper evidence to justify that

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