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Appeal help for refusal of entry clearance Tier 1 Entreprene

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

trajan
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Appeal help for refusal of entry clearance Tier 1 Entreprene

Post by trajan » Wed Feb 27, 2013 12:17 pm

Dear All
First of all, heartiest congratulations to the site admins and members for having put together this great community.
I am based in Pakistan and applied for Tier 1 Entrepreneur visa with my brother as a 'team'.
We have GBP 250,000/- in a joint bank account (in both our names) in a bank in London which is duly regulated by FSA.
Funds have been in the account for more than 90 days.
We provided a bank letter in original citing the account number, both our names, both our passport numbers, the total funds held and the duration since the funds have been in our account. (Funds are still in our account).
We were jointly refused the visa and entry clearance on the following reasons cited under the category of claiming 25 points for having access to no less than GBP 200,000/-

ECO Comment: "You have claimed 25 points on basis of access to not less than GBP 200,000/-. You have indicated holding funds in a joint XXXX bank account in the UK with your brother. However, you have not provided the specified documents, namely an affidavit and legal undertaking, to show that the funds are available to you both separately and equally. I am not therefore satisfied you qualify for the points claimed" .

Both applicants indicated details of each other on their applications. We also provided signed evidence that we are jointly in talks with Pizza Hut to take over one of their franchises which requires investment of up to GBP 200,000/-.

I am thinking of appealing based on the following:
1- that the bank letter showing the funds in our joint account should have been sufficient especially since we have made clear that we are applying jointly for the visa and that we are jointly looking to take over a business in the UK.
2- The ECO should have used his discretion under ECB10.13 Evidential flexibility to request the affidavit as it states that"....in form and other documentary evidence that the missing document exists, the entry clearance officer should apply evidential flexibility and request that the applicant provide the missing document within seven working days. ".

Any advise on how to frame an effective appeal based on the above grounds or any other grounds, or any precedents where a case such as ours was allowed, would be highly appreciated.

It is to be noted that along with my brother our total 7x dependents also applied as Tier 1 dependents and they were all rejected entry clearance also and the cost of re-applying and re-submitting the fees is exorbitant.

Thank you in advance and best regards.

rizwan567
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Location: Greater London

Post by rizwan567 » Wed Feb 27, 2013 3:41 pm

surprise surprise, surprise... what can I say on this situation? I wonder why the hell on earth joint bank statements/account is not acceptable for team members.

I am sure you have a strong case in admin review. Try to figure out from policy guidance and rules where it is stated or interpreted that in case of enterpre team and team members holding joint bank statements, will be treated as third party to each other or will not be treated as third party to each other.

My view is that in case of joint bank statement for team members they are not treated as third party to each other. If you were holding 100k each in your own accounts then yes, you were third party to each other but not in the case of joint account.

Considering such high visa applicant fees, It is always better for main applicant to apply and get the visa first before applying for dependents. You can apply for your dependants very next day after getting your visa.
Last edited by rizwan567 on Wed Feb 27, 2013 4:28 pm, edited 2 times in total.

rehan01
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Re: Appeal help for refusal of entry clearance Tier 1 Entrep

Post by rehan01 » Wed Feb 27, 2013 4:18 pm

trajan wrote:Dear All
First of all, heartiest congratulations to the site admins and members for having put together this great community.
I am based in Pakistan and applied for Tier 1 Entrepreneur visa with my brother as a 'team'.
We have GBP 250,000/- in a joint bank account (in both our names) in a bank in London which is duly regulated by FSA.
Funds have been in the account for more than 90 days.
We provided a bank letter in original citing the account number, both our names, both our passport numbers, the total funds held and the duration since the funds have been in our account. (Funds are still in our account).
We were jointly refused the visa and entry clearance on the following reasons cited under the category of claiming 25 points for having access to no less than GBP 200,000/-

ECO Comment: "You have claimed 25 points on basis of access to not less than GBP 200,000/-. You have indicated holding funds in a joint XXXX bank account in the UK with your brother. However, you have not provided the specified documents, namely an affidavit and legal undertaking, to show that the funds are available to you both separately and equally. I am not therefore satisfied you qualify for the points claimed" .

Both applicants indicated details of each other on their applications. We also provided signed evidence that we are jointly in talks with Pizza Hut to take over one of their franchises which requires investment of up to GBP 200,000/-.

I am thinking of appealing based on the following:
1- that the bank letter showing the funds in our joint account should have been sufficient especially since we have made clear that we are applying jointly for the visa and that we are jointly looking to take over a business in the UK.
2- The ECO should have used his discretion under ECB10.13 Evidential flexibility to request the affidavit as it states that"....in form and other documentary evidence that the missing document exists, the entry clearance officer should apply evidential flexibility and request that the applicant provide the missing document within seven working days. ".

Any advise on how to frame an effective appeal based on the above grounds or any other grounds, or any precedents where a case such as ours was allowed, would be highly appreciated.

It is to be noted that along with my brother our total 7x dependents also applied as Tier 1 dependents and they were all rejected entry clearance also and the cost of re-applying and re-submitting the fees is exorbitant.

Thank you in advance and best regards.

Shocked and unbelievable ................ money in joint account mean both have same access to the funds and any of you can withdraw money etc.

I am sure you have very strong case and you will win the admin review.

regards

rehan01
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Location: London

Re: Appeal help for refusal of entry clearance Tier 1 Entrep

Post by rehan01 » Wed Feb 27, 2013 5:01 pm

trajan wrote:Dear All
First of all, heartiest congratulations to the site admins and members for having put together this great community.
I am based in Pakistan and applied for Tier 1 Entrepreneur visa with my brother as a 'team'.
We have GBP 250,000/- in a joint bank account (in both our names) in a bank in London which is duly regulated by FSA.
Funds have been in the account for more than 90 days.
We provided a bank letter in original citing the account number, both our names, both our passport numbers, the total funds held and the duration since the funds have been in our account. (Funds are still in our account).
We were jointly refused the visa and entry clearance on the following reasons cited under the category of claiming 25 points for having access to no less than GBP 200,000/-

ECO Comment: "You have claimed 25 points on basis of access to not less than GBP 200,000/-. You have indicated holding funds in a joint XXXX bank account in the UK with your brother. However, you have not provided the specified documents, namely an affidavit and legal undertaking, to show that the funds are available to you both separately and equally. I am not therefore satisfied you qualify for the points claimed" .

Both applicants indicated details of each other on their applications. We also provided signed evidence that we are jointly in talks with Pizza Hut to take over one of their franchises which requires investment of up to GBP 200,000/-.

I am thinking of appealing based on the following:
1- that the bank letter showing the funds in our joint account should have been sufficient especially since we have made clear that we are applying jointly for the visa and that we are jointly looking to take over a business in the UK.
2- The ECO should have used his discretion under ECB10.13 Evidential flexibility to request the affidavit as it states that"....in form and other documentary evidence that the missing document exists, the entry clearance officer should apply evidential flexibility and request that the applicant provide the missing document within seven working days. ".

Any advise on how to frame an effective appeal based on the above grounds or any other grounds, or any precedents where a case such as ours was allowed, would be highly appreciated.

It is to be noted that along with my brother our total 7x dependents also applied as Tier 1 dependents and they were all rejected entry clearance also and the cost of re-applying and re-submitting the fees is exorbitant.

Thank you in advance and best regards.

trajan
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Posts: 11
Joined: Wed Feb 27, 2013 11:57 am

Post by trajan » Wed Feb 27, 2013 5:41 pm

Dear Rehan01 and Rizwan561

Many thanks for your comments.

HI Rehan

You can imagine i was quite shocked as well. Especially considering that a total of 8x dependents also applied for the same and the combined fee was in excess of Rs. 1 million!

To make matters worse, they have not given any right of appeal to the dependents!

Anyway, waiting for some more feedback. One thing is for sure, that the review will definitely be filed.

rahulsingh1
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Post by rahulsingh1 » Wed Feb 27, 2013 6:13 pm

I have gone through this shit years back. although not with joint account holder. applied alone. these UKBA ECO/ECMs are school or uni failed people, who cant even read their mother tongue English properly, let alone understand Law ! thats why their country needs skilled labour! haha.

In admin review they dont even read at what you explain.

Best way- get hold of a solicitor. Generally immigration solicitors who are registered with UKBA(most are or they cant call themselves immigration solc.), have access to the Entry Clearance Officer/Manager/Head at embassies across the world who has taken the decision on your visa.
Once you show them(Solc.) your letter, they can shoot an email directly, telling them how the decision is wrong and asking them to turn it around.

The ECO/ECM generally take this very seriously when the email comes from a solicitor, they turn the decision within 5 days max. Mine they turned around in 3 days from the day the email was sent from London.

Mine was done similarly through a solicitor from London, its was sometime back and I have lost contact so cant give the contact unfortunately. But any immi solc. can do it. They will charge you £100-200 at max to represent you.

Remember, UKBA is scared of solicitors, because that particular ECO/ECM can be sued. So they better turn the decision around, rather come to the court. they all are Govt employees, so they all want to save their own back. Selfish British, you see..

Good luck.

rehan01
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Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Wed Feb 27, 2013 6:20 pm

Thx for thhe detail reply sir muc appreciated as u mention u don't ave any contact details of that specific solicitor is there any chance u remember the name of the firm who done this for you.

I m asking this as I have very bad experience with solicitors in past and thy r out there to make money I m sorry if I offended anyone but hard to trust them.

Once again thx for the reply rahul singh which is very helpful as I ave applied same way and funds r in joint account but no decleration sent as keeping funds in joint account with team member meet the requirement of equal access to funds.

Regards
rahulsingh1 wrote:I have gone through this shit years back. although not with joint account holder. applied alone. these UKBA ECO/ECMs are school or uni failed people, who cant even read their mother tongue English properly, let alone understand Law ! thats why their country needs skilled labour! haha.

In admin review they dont even read at what you explain.

Best way- get hold of a solicitor. Generally immigration solicitors who are registered with UKBA(most are or they cant call themselves immigration solc.), have access to the Entry Clearance Officer/Manager/Head at embassies across the world who has taken the decision on your visa.
Once you show them(Solc.) your letter, they can shoot an email directly, telling them how the decision is wrong and asking them to turn it around.

The ECO/ECM generally take this very seriously when the email comes from a solicitor, they turn the decision within 5 days max. Mine they turned around in 3 days from the day the email was sent from London.

Mine was done similarly through a solicitor from London, its was sometime back and I have lost contact so cant give the contact unfortunately. But any immi solc. can do it. They will charge you £100-200 at max to represent you.

Remember, UKBA is scared of solicitors, because that particular ECO/ECM can be sued. So they better turn the decision around, rather come to the court. they all are Govt employees, so they all want to save their own back. Selfish British, you see..

Good luck.

Ahmediqbal
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Post by Ahmediqbal » Wed Feb 27, 2013 8:56 pm

Assalam o alaikum,
Brother, unfortunately same thing happened with me and my brother. In case of a joint account the co-account holder is also considered as a third party as if any account holder's application is refused than the second one ceases to hold an independent access to total funds. Hence according to UKBA rules you required legal documents as they asked now.
I consulted a number of legal experts on the issue in uk but in vain. They opined that even administrative review will be refused, however they expressed some hope in judicial review which you can file now or even after administrative review.
In your case I suggest that please contact a legal expert in UK for administrative review initially and if required he may pursue your Judicial review subsequently if required. But mind you it is time consuming. Alternatively, The best approcah could be if now you and your brother apply again without dependents with completed documents get the visa and than come to UK and pursue the refusal of your dependents.

Highly_Skilled
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Post by Highly_Skilled » Wed Feb 27, 2013 9:09 pm

rahulsingh1 wrote:I have gone through this shit years back. although not with joint account holder. applied alone. these UKBA ECO/ECMs are school or uni failed people, who cant even read their mother tongue English properly, let alone understand Law ! thats why their country needs skilled labour! haha.

In admin review they dont even read at what you explain.

Best way- get hold of a solicitor. Generally immigration solicitors who are registered with UKBA(most are or they cant call themselves immigration solc.), have access to the Entry Clearance Officer/Manager/Head at embassies across the world who has taken the decision on your visa.
Once you show them(Solc.) your letter, they can shoot an email directly, telling them how the decision is wrong and asking them to turn it around.

The ECO/ECM generally take this very seriously when the email comes from a solicitor, they turn the decision within 5 days max. Mine they turned around in 3 days from the day the email was sent from London.

Mine was done similarly through a solicitor from London, its was sometime back and I have lost contact so cant give the contact unfortunately. But any immi solc. can do it. They will charge you £100-200 at max to represent you.

Remember, UKBA is scared of solicitors, because that particular ECO/ECM can be sued. So they better turn the decision around, rather come to the court. they all are Govt employees, so they all want to save their own back. Selfish British, you see..

Good luck.
This has to be the biggest load of rubbish I have ever read on these forums. The poster clearly has unresolved issues with the UKBA judging from his slanderous tone of UKBA officials. He will find that some UKBA officials do tend to be qualified and university educated.

Immigration Solicitors are not registered with the UKBA at all. Immigration Solicitors are regulated by the appropriate independent body in the UK and will be OISC registered.

The solicitors do not have special access to Embassies, Managers, ECO's around the world. This is utter bull. They have the same contact details and communication methods as every potential applicant. Also, an email would not be sufficient for a potential Admin Review. It would have to arrive on letterhead.

Depending on how complex the case is, the documents provided etc the case can get longer than 5 days. This is not a rule of thumb.
Remember, UKBA is scared of solicitors, because that particular ECO/ECM can be sued. So they better turn the decision around, rather come to the court. they all are Govt employees, so they all want to save their own back. Selfish British, you see..
UKBA are not scared of solicitors because fear of being sued. ECO's cannot be sued from making a refusal decision. Their decision can be challenged in a court of law but the ECO's cannot be sued as the decision is being made on behalf of the Secretary of State which is in effect the government.

:roll:

trajan
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Post by trajan » Wed Feb 27, 2013 9:39 pm

@ Ahmediqbal:

Many thanks for your reply. However with regards to your statement "...In case of a joint account the co-account holder is also considered as a third party as if any account holder's application is refused than the second one ceases to hold an independent access to total funds."

This is not accurate. Being a joint account, both account holders have independent and separate access to the same funds. Also, both account holders were indicated as a joint team on each other's application form.

I would agree with your statement partially IF the joint account holder was NOT part of the entrepreneur team and in that case maybe the separate letter/affidavit would have been a requirement.

In your case, was your brother a co-applicant / part of your entrepreneurial team?


@ All: Should'nt the ECO have asked for this 'affidavit' instead of just refusing the application as per the rule i have quoted in my original post?
Thanks

Thank you for your time.

Ahmediqbal
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Post by Ahmediqbal » Wed Feb 27, 2013 10:40 pm

Hi Friend,

I understand that you are under great stress because of this unexpected and unfortunate decision. At the moment your thinking capabilities are under strain because of this blow. So please relax and plan. Do consider following:

My brother was also the part of my entreprenural team and we had access to funds for over an year. Our approach was exactly the same as yours as we considered our self as part of one business and thus relied on joint funding. But UKBA never considers your applications jointly. For them both of you are separate applicants and there is no provision that enables you to apply jointly.

I totally agree with you that you can fight out your case in a court of law but how will you deal the issue concerning 8/9 refused dependent applicants with no rights of administrative review. Even if administrative review of you and your brother are successful than how you are going to save the lost fee of 8 dependent applications?. With your review upheld they cannot be granted visa as they do not have the right of review.

Likely timeframe of administrative review is two months or more and if you will go judicial review please add atleast 6 more months. Look at the financial effects of hiring a lawyer for two administrative reviews and 8 judicial reviews. So I think the best approach is to enter the UK and than fight it out.

By the way how both of you managed to open a bank account in UK while in Pakistan and transfered such a huge amount. This may create complication for you to obtain third party declaration from each other and legal letter from a lawyer while being in Pakistan. However, you may have any other UK visa to enter and sort out this issue. As with money in UK a declaration notarized by a pakistani lawyer is also not acceptable to UKBA.

Ahmediqbal
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Post by Ahmediqbal » Wed Feb 27, 2013 10:48 pm

You can not push /force the issue that ECO could have asked for a missing supporting document. Please check back the verification of documents policy for PBS applicants and even your online completed aplication form. UKBA clearly states that applicants are responsible for correct documents and if lacking UKBA is not suppose to ask rather ther will make decisions on the available documents. They never used to consider even a document sent by you after submission and before the decision on application was made but now due to a recent judement of upper tribunal now if you send a document by post before decision on your application than they are supposed to consider it.

rehan01
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Post by rehan01 » Wed Feb 27, 2013 11:08 pm

Ahmediqbal wrote:You can not push /force the issue that ECO could have asked for a missing supporting document. Please check back the verification of documents policy for PBS applicants and even your online completed aplication form. UKBA clearly states that applicants are responsible for correct documents and if lacking UKBA is not suppose to ask rather ther will make decisions on the available documents. They never used to consider even a document sent by you after submission and before the decision on application was made but now due to a recent judement of upper tribunal now if you send a document by post before decision on your application than they are supposed to consider it.
Hi ahmediqbal,

I am in same boat and sent tier1 application with a team member and 1 dependant but I have only submitted original joint bank account statment of me and my brother ... Didn't submit any declaration or afidavit bcz as per my understanding when funds held in joint bank account it give both account older equal access to account and funds held.

But as there is a case of refusal on basis of this declaration I don't knw wht to do as it is not advisable to send any additional documents till they ask for it.

Plz advise

Regards

Darvesh
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Appeal help for refusal of entry clearance Tier 1 Entreprene

Post by Darvesh » Wed Feb 27, 2013 11:53 pm

Hi Guys
Im sure you people have read the para91-92. Which confirm that for T1E application a bank statment(for single or joint account) will be sufficient?


91. A letter from a financial institution holding the funds, to confirm the amount of money available to you (or your team if you have formed an entrepreneurial team).

92. For money held in the UK only, a recent personal bank or building society statement from the UK financial institution holding the funds, which confirms the amount of money available to you or your entrepreneurial team.

Please comment....

Regard
Darvesh

thebestone
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Post by thebestone » Thu Feb 28, 2013 12:25 am

Hi All,

I am also on same boat indeed its a very shocking news for us as me and my friend also applied as a entreprneurial team showing joint bank statement for the investment funds. Dont know what to comment here they dont even know the meaning of funds held in joint account before applying we both had a chat with ukba and they said joint bank statement would be fine and enough to show the investment funds.

In their policy guidance they haven't stated that team member will be considered as a third party and you need a declaration. I am not getting why the hell ECO refused their application and whats the importance of joint bank account and dedicated team member section on the application form.

We applied in uk through psw route and we are already engaged in a business acitivity so its quite a depressing situation for us dont know we concentrate on our business or keep on worrying about the visa. well i think its better to leave everything on ALLAH PAK indeed he is the best planner and will plan some thing better for us.

Darvesh
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Post by Darvesh » Thu Feb 28, 2013 12:41 am

when in policy guideline there is nothing about affedivat , except third parties case, so why would they ask for 1?

There is no need to get panick about it.

I have full sympithy with those whose application is turned down on the base of missing declaration.

i think there may be some other reasons behind that refusal as the person never mention that how they got bank account in uk (with a balance of 200k)whilst living in Pakistan?

thebestone
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Post by thebestone » Thu Feb 28, 2013 12:55 am

Darvesh wrote:when in policy guideline there is nothing about affedivat , except third parties case, so why would they ask for 1?

There is no need to get panick about it.

I have full sympithy with those whose application is turned down on the base of missing declaration.

i think there may be some other reasons behind that refusal as the person never mention that how they got bank account in uk (with a balance of 200k)whilst living in Pakistan?
yes darvesh you are right if you are relying on third party then you need a affidavit. And in entrepreneurial team scenario if all funds are in one team members account then the he needs a affidavit from his other team member.

iqbal7
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Re: Appeal help for refusal of entry clearance Tier 1 Entrep

Post by iqbal7 » Thu Feb 28, 2013 7:05 am

trajan wrote:Dear All
First of all, heartiest congratulations to the site admins and members for having put together this great community.
I am based in Pakistan and applied for Tier 1 Entrepreneur visa with my brother as a 'team'.
We have GBP 250,000/- in a joint bank account (in both our names) in a bank in London which is duly regulated by FSA.
Funds have been in the account for more than 90 days.
We provided a bank letter in original citing the account number, both our names, both our passport numbers, the total funds held and the duration since the funds have been in our account. (Funds are still in our account).
We were jointly refused the visa and entry clearance on the following reasons cited under the category of claiming 25 points for having access to no less than GBP 200,000/-

ECO Comment: "You have claimed 25 points on basis of access to not less than GBP 200,000/-. You have indicated holding funds in a joint XXXX bank account in the UK with your brother. However, you have not provided the specified documents, namely an affidavit and legal undertaking, to show that the funds are available to you both separately and equally. I am not therefore satisfied you qualify for the points claimed" .

Both applicants indicated details of each other on their applications. We also provided signed evidence that we are jointly in talks with Pizza Hut to take over one of their franchises which requires investment of up to GBP 200,000/-.

I am thinking of appealing based on the following:
1- that the bank letter showing the funds in our joint account should have been sufficient especially since we have made clear that we are applying jointly for the visa and that we are jointly looking to take over a business in the UK.
2- The ECO should have used his discretion under ECB10.13 Evidential flexibility to request the affidavit as it states that"....in form and other documentary evidence that the missing document exists, the entry clearance officer should apply evidential flexibility and request that the applicant provide the missing document within seven working days. ".

Any advise on how to frame an effective appeal based on the above grounds or any other grounds, or any precedents where a case such as ours was allowed, would be highly appreciated.

It is to be noted that along with my brother our total 7x dependents also applied as Tier 1 dependents and they were all rejected entry clearance also and the cost of re-applying and re-submitting the fees is exorbitant.

Thank you in advance and best regards.
Dear,
As per my understanding they are right. When ever you use statement with some one, you both have to provide an affidavit to them from each of you. Secondly, even if you are team member you still need to provide them affidavit of use of money in the favor of each of you.

What i will suggest you to make fresh application along with affidavit and rest of all documents. Otherwise, appeal will take up to 24weeks to get you back initially, than they will start you hearing. Moreover, you cannot add any new document in your appeal.

Regards

trajan
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Post by trajan » Thu Feb 28, 2013 7:30 am

Thank you all for the comments.

The bank account is indeed open with the funds. I never stated that i had it opened while sitting in Pakistan. I had a 5 year multi entry general visitor visa and i have been traveling to the UK at least 3-4 times a year. I also have personal and business accounts with Barclays in Pakistan and they are the ones that introduced me to Barclay's in London where i personally met with the account manager with relevant proofs of ID, residence etc before my account was opened.

Also. FYI Barclays Wealth has also a program wherein international accounts can be opened in the U.K. by non-residents subject to them having at least GBP 5000/-. you may find it helpful looking up their website for details.

As already mentioned above by a respected contributor that for funds already in the U.K. a simple bank statement (from an FSA regulated institution) mentioning names of the account holders is enough.

There is no mention in the RULES/ GUIDELINES anywhere that a members of entrepreneurial team having a joint account in the UK would be treated as 3rd parties to each other. Rather the rules are quite specific in separating the two.

The turnaround time given is within 28 days.

I feel confident that the ECO made an error and will be appealing on these grounds. HOWEVER, this post should also serve as a warning to those in the process of applying to ensure they have affidavits JUST IN CASE.

It would be helpful if some worthy member/reader of this thread can share an instance of POSITIVE outcome of their application solely based on letter from the bank holding a joint account.

Thank you

rahulsingh1
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Post by rahulsingh1 » Thu Feb 28, 2013 10:01 am

Hi, yes I remember the name of the firm. Its Dearson Vinyard, they have a office in London and Sheffield if I rem correctly. But don't remember the name of the lady there. You can get in touch with their Tier 1 visa section. And yes they are very helpful. They run immigration depts for large banks in London.

Hi Mate Highly_Skilled- I dont like to argue, because I clearly know what I went through 2 years back and how the solicitor at the above mentioned firm resolved it for me in less than 5 days of me approaching them with my admin review rejection letter.

Either you are ex/current-UKBA who has taken offence bec you are university qualified ;). Or you are not sure about what you are talking. But instead you are just making assumptions. One being- that no one can reach the ECO/ECM at the post because it seems impossible for the common applicant. ( But let me remind you that the name of the ECO/ECM is mentioned on the admin review rejection letter.) But I beg to differ as in my case I still have the email from the ECM to the solc. firm informing them that the decision has been overturned for me and that they(UKBA) will contact me for the return of my passport for stamping. But anyway- I do not owe you any explanation for your assumptions.

rahulsingh1
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Post by rahulsingh1 » Thu Feb 28, 2013 10:11 am

Also Mate Highly_Skilled - in your post, you have written nothing to help the person who needs help here(the person who started the thread). you have just used your ability to post, to come back at something un-related.

If you know something then try to help the person who needs it. Like I have done, by giving him my example and even the name of the law firm and how they did it.

You are under no compulsion to reply. And please dont post anything, if you cant help or add value (which you have clearly not done). Because that's just noise.

Hope that helps.

rizwan567
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Post by rizwan567 » Thu Feb 28, 2013 10:13 am

Highly_Skilled wrote:
This has to be the biggest load of rubbish I have ever read on these forums. The poster clearly has unresolved issues with the UKBA judging from his slanderous tone of UKBA officials. He will find that some UKBA officials do tend to be qualified and university educated.

:roll:
Not everything stated by rahulsingh is wrong. You can argu on couple of points but not on everthing.

trajan
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Post by trajan » Fri Mar 01, 2013 5:44 am

Dear Rahulsingh1
Thank you for sharing these details. I am meeting with a local immigration expert in Karachi today. Let's see what reply i get.
I have already spoken to a solicitor in the UK and they have categorically stated that in their opinion the ECO decision is incorrect and has given me grounds to make the appeal on which are the same as i mentioned above i.e. there is no rule that treats entrepreneur team members holding a joint account as being treated as third party to each other.

I have saved your solicitor's details also.

Many thanks and best regards.

Highly_Skilled
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Post by Highly_Skilled » Fri Mar 01, 2013 8:39 am

rahulsingh1 wrote:Also Mate Highly_Skilled - in your post, you have written nothing to help the person who needs help here(the person who started the thread). you have just used your ability to post, to come back at something un-related.

If you know something then try to help the person who needs it. Like I have done, by giving him my example and even the name of the law firm and how they did it.

You are under no compulsion to reply. And please dont post anything, if you cant help or add value (which you have clearly not done). Because that's just noise.

Hope that helps.
I have helped by dispelling myths about the UKBA.

Dearson Winyard are like every other Immigration Advice Service and like to think they have influence, espcially when it comes to applications from within the UK.

Unfortunately they don't. They have as much influence over UKBA decisions as you or me.

Dearson Winyard managed to get the name of the ECO just by the rejection letter (which all letters are signed by their caseowners). And they had written a letter back or figured out his e-mail from his /her full name. As the UKBA email prefix remains the same.

You implied in your original post that Solicitors have access to the UKBA officials. This is not the case and they face the same difficulties in contacting people.

What I took most offense of in your post was :
UKBA ECO/ECMs are school or uni failed people, who cant even read their mother tongue English properly, let alone understand Law
I don't claim to work for UKBA, never have. But that opening sentence was just rude. Just because you have had a bad experience with Entry Clearance you assume that all UKBA officials are school leavers or University dropouts? The likelihood is that some UKBA officials are university graduates on the basis that they are struggling to get a position in their field of study.

And not forgetting the fact that you claim UKBA officials can be sued by solicitors for making incorrect decisions. This was incorrect advice due to it's complete fabrication.
Selfish British, you see..
But, hey, we're all selfish British aren't we?

rizwan567
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Post by rizwan567 » Fri Mar 01, 2013 9:56 am

Highly skilled, Yes, agree with you that a solicitor has same influence over UKBA as ordinary person. But an ordinary person is not good enough to draft make his point of view very clear according to point of law. A legal person who attained qualification after 4-6 years of study and experience of 4-6 years is definately 10 times better than the ordinary person and know where their weak points are. An ordinary person can not draft a good letter before claim for judicial review. Infact he even does not know the protocols for writing such letter.

A claim letter (backed up by references to law and points previous precedences) generated by solicitor is much more affective than the claim letter generated by an ordinary person.

In court, a murderer can be released if backed up by good lawyer and similarly an innocent person can be sentenced for life behind bar if he does not have solid arguments and grounds.

Officce of David cameron will not give time or even reply to the application of ordinary person but if he receives application from the Top lawyer from top top firm of London. He will certainly reply. An ordinary person does not know what his full rights are. That is why he is not listened to carefully or he is not given attention or full attention.

I wonder why we need professionals (accountants, tax advisers, lawyers etc) in this world when an ordinary person can do everything himself. There are million of trades in this world, you can not be good at everything. That is why you need professional. If everything can be learned by books or internet then why we need unis or teachers!

Over the past 10 years, I have personally seen case worker doing blunders in assessing applications. And If cases are not appealed or reviewed or not complained against these blunders will not be revealed.

You have your own way of thinking.

Locked