Got Refusal today

[abu054]

Hi All,

I applied in Oct 2012

1-Route Tier 2 to Tier 1 Ent (I still have tier 2 visa until April 2015)

2- The case worker gave the reason that at the time of third party declaration in pakistan, i was not there so that my sign can not be verified/or validate as i was in UK at that time....very strange reason

2- Secondly Case worker said that on the bank letter the third party, mobile, phone, email etc is missing...again very strange reason...

As part of my application and bank letter from the bank which have my name and third party names as well, and i have attached the ID cards of the third part as well.

I dont understand why he has refused the application.

regards

abubakar

[Christianoronaldo]

Sorry to hear about your refusal.

I guess you did a silly mistake and unfortunated got a clever caseworker. If you were in UK then how your signature could be validated at the time of third party declaration. This is not a strange but a valid reason.

Regards

[sad.1]

Hi All,

I applied in Oct 2012

1-Route Tier 2 to Tier 1 Ent (I still have tier 2 visa until April 2015)

2- The case worker gave the reason that at the time of third party declaration in pakistan, i was not there so that my sign can not be verified/or validate as i was in UK at that time....very strange reason

2- Secondly Case worker said that on the bank letter the third party, mobile, phone, email etc is missing...again very strange reason...

As part of my application and bank letter from the bank which have my name and third party names as well, and i have attached the ID cards of the third part as well.

I dont understand why he has refused the application.

regards

abubakar

dear abubakar as per my knowledge they are only refusing to those who are actually applying by themselves if you have your representative they must send you a letter to ask for those documents.
i have also been sent an inquiry which he asked more supporting documents so i believe why he asked me bcoz i have representative.
all i can say is appeal for this and in sha Allah everything will be sorted.
i am also waiting for decision now

[abu054]

Hi All,

Thanks for your kind responses...

I applied my case through a solicitor...

I confirmed my solicitor as well about the reasons made by case worker, my solicitor said that the case worker dont know the law of declaration, and also there is no need of my to be present at the time of declaration as i am taking money and this is not a contract... and on UKBA guide line etc they have not mentioned anywhere that all the parties should be present at that time...

Anyway discuss with my solicitor and he said now we will write UKBA to consider again before we go for judicial review, as UKBA is reluctant from these type of things so IA will have good results in coming days...

Any suggestions please do not hesitate to post...welcome all ideas

regards

abubakar

[therock]

First of all, Dear sad.1, you must be joking by saying that the ones who applied themselves are getting refused, and the ones who applied via solicitor are getting enquirers. This is complete false, in fact the opposite is correct.

@abu054: Did you verify your signature in front of a SRA regulated solicitor in the UK? I myself applied via third party funding from Pakistan. My third party financer signed in front of a solicitor in Pakistan, and I signed the same document in front of a SRA regulated solicitor in the UK.

[rizmir]

I agree with therock statement
Policy guidance clearly says the following
I) third party declaration must contain sponsor signature and applicant signature
ii) document must be validated by a single legal representative or multiple legal representative
The last part , I.e, multiple legal representative contain answer of ur question that if u were not present at back home so sponsor signature could be verified by legal representative from back home and ur signature could hve been verified from uk legal representative
REgards

[abu054]

Hi Rizmir,

As i mentioned that my Solicitor is SRA regulated, do i have to provide any proof that this is signed in front of an legal SRA or etc...dont you think that my solicitor who is acting on behalf on my case and verify my documents is more than enough...

Also i asked from all that i how of the chances of my case to be win ???

regards

abubakar

[rizmir]

Hi abu

Although ur solicitor is registered here but u need a separate letter from ur solicitor that cud mention that u signed in front of him, I know its sufficient that u applied through solicitor
In order to make things clear fr u I split the answer again in two steps
I) U Shud not sign the declaration because u were not there at back home
ii) u shud sign the declaration but verifed signature in presence of legal representative in uk

I think it more clear now and I must say if u did not sign the declaration u wud hve got ur visa that was enough
But coz u signed so u shud hve verified here

[abu054]

Hi Rizmir,

Yes i think you right, as i confirmed with another solicitor as well, but as i discuss with my solicitor who is dealing my case he also said there is no requirement for the signature even in the front of anyone...as this is not require by UKBA...we done the signature just in case and it creates the problem even it is not required...lol

All i want to know now my solicitor will be putting for re-consideration, and what he said that in re-consideration a panel of expert in UKBA will review the app and reasons of refusal...

Any can suggest what i can ask my solicitor to make a draft and which are the important things to mention...obviously he knows much but for my satisfaction...

As all the third part funds are available, even Bank letter contains my name everything...as i read this blog regularly and i know lots of refusal due to bank letters not having applicant name..which is again against the law anywhere in the world...UKBA is wrong here again....

Anyway please make Dua's for everyone...

regards

abubakar

[showrave]

I have similar refusal. please give me an idea about what to do--
reason for the refusal is given exactly as below--

you have provided a bank letter from dutch bangla bank limited, a statement also, a declaration letter and a validation letter as evidence for third party funding by mr md nurul huda.

the letter from dutch bangla bank limited dated 27 november 2012 in the name of mr md nurul huda does not (as required by the immigration rules):

1) name mr md lutfor rahaman (the appellant)
2) state the contact details of the third party

the third party declaration relating to md nurul huda does not (as required by the immigration rules):

1) contain the appellant's signature.
2) consequently, the legal document relating to mr md nurul huda does not confirm the validity of the appellant's signature because the applicant has not signed the third party declaration.

the letter from dutch bangla bank limited dated 12 december 2012 in the name of mr md intaz ali mollik does not (as required by the immigration rules):

1) name the appellant
2) state the contact details of the third party (mr md intaz ali mollik)

the third party declaration relating to mr md intaz ali mollik does not (as required by the immigration rules):

1) contain the appellant's signature.
2) consequently, the legal document relating to mr md intaz ali mollik does not confirm the validity of the appellant's signature because the applicant has not signed the third party declaration.

in line with paragraph 245DD(I) of the immigration rules, we have not carried out an assessment as detailed in paragraph 245DD(h) of the immigration reles as you application has been refused. we reserve the right to carry out this assessment in any challenge of this decision of the future application for fier 1 (enterprenur).

as a result of the above you have not demonstrated that you meet the requirments of the rules to be awarded points under provision (d) in the first row of table 4 of appendix A.