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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 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.
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.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.
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.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..
Hi ahmediqbal,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.
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.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?
Dear,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.
Not everything stated by rahulsingh is wrong. You can argu on couple of points but not on everthing.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.
I have helped by dispelling myths about the UKBA.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 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.UKBA ECO/ECMs are school or uni failed people, who cant even read their mother tongue English properly, let alone understand Law
But, hey, we're all selfish British aren't we?Selfish British, you see..