Refused for not having Contact Number on Contract. Appealing

[AceVenture]

Hi all,

Applied on 21st Feb. PSW < Tier 1 Ent. Partners application refusal recieved on 23rd April. Mine still pending.

Reason for refusal.

As the policy guidance says Under Appendix A : Attributes

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur). If you were registered earlier than this you will still need to provide evidence that you were registered in this period.

iv. In an occupation skilled to graduate level Other than the work necessary to administer the business, your main business activity must
be working skilled to National Qualifications Framework 4 or above. We will not take into account the tasks involved with the running of the business for this assessment.

CASEWORKERS DESICION

For requirements (iii) the Companies House Current Appointment Report that you have provided is a copied document and not the original that is required. For this reason, you have not submitted the evidence specified in Appendix A under provision (d) of Table 4 in the immigration Rules.

For requirement (iv) the contract that you have provided does not state the full details of provided services to confirm that your business meets the graduate level criteria.

Furthermore, the contract does not provide sufficient contact details for the client, specifically the landline telephone number and email address.

You have therefore not submitted the evidence specified at paragraph 41-SD(c) of Appendix A of the Immigration Rules.

My partners Designation showed was Software Consultant.

We had printed the Company House Current Appointment Report online and we missed out on the contact number (Nolandline or email ID) only postal address provided. RIGHT TO APPEAL GIVEN.

Contract is actively trading and receiving payments regularly in business account.

Awaiting your expert Comments and guidance for on what grounds appeal should be made.

[dd156]

But most people send the printout out of the Report, how can they say that is not acceptable?
Where else would you get the report from?

[Naheedsammar]

It is redicules owl foul in whole policy guidance there is nothing like 'Submit orginal Director appointment report n not the online printouts or copy' i am sure a lots of ppl provided printouts not orignal report.I dont know how many ppl would be refuesed for these baseless reason and finally would get there visa by winning appeals (inshallh). if apeal tribunals has grant visas by allowing appeal then whats the purpose of home office and caseworkers then? is not it a waste of time for the applicant and apeal tribunals as well.

[dd156]

It is redicules owl foul in whole policy guidance there is nothing like 'Submit orginal Director appointment report n not the online printouts or copy' i am sure a lots of ppl provided printouts not orignal report.I dont know how many ppl would be refuesed for these baseless reason and finally would get there visa by winning appeals (inshallh). if apeal tribunals has grant visas by allowing appeal then whats the purpose of home office and caseworkers then? is not it a waste of time for the applicant and apeal tribunals as well.

How do you obtain the original report?

[dd156]

I contacted the Companies House and they said that the only way to obtain the report is by printing it online!

[RizKCB]

Only the genuine reason I could see in your case is about the business level which could be presented in appeal. Missing original report and landline, email is not serious. You may have very good chances to win appeal.
Caseworker should ask about originals and in case of incorrect format of missing landline number, caseworker should contact applicant according to 2009 Evidential Flexibility.
But if there is any other refusal reason like your business level then caseworker would not ask you to provide further documents and give her decision. If you just satisfy about your business level in the court then other two reasons wouldn't be serious enough to address. It's my opinion.
Actually whatever our business is, the designation, contract wordings and business plan (if any) should relate and proof each other. Mostly we think that contracts present our business activity but actually contract shows the activities involved in core services and caseworker picks the words from core services in the contract and the occupation selected and relate them for their final decision.
Don't loose you heart and go for appeal, you will win. Good luck.

[monolyte]

Hi all,

Applied on 21st Feb. PSW < Tier 1 Ent. Partners application refusal recieved on 23rd April. Mine still pending.

Reason for refusal.

As the policy guidance says Under Appendix A : Attributes

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur). If you were registered earlier than this you will still need to provide evidence that you were registered in this period.

iv. In an occupation skilled to graduate level Other than the work necessary to administer the business, your main business activity must
be working skilled to National Qualifications Framework 4 or above. We will not take into account the tasks involved with the running of the business for this assessment.

CASEWORKERS DESICION

For requirements (iii) the Companies House Current Appointment Report that you have provided is a copied document and not the original that is required. For this reason, you have not submitted the evidence specified in Appendix A under provision (d) of Table 4 in the immigration Rules.

For requirement (iv) the contract that you have provided does not state the full details of provided services to confirm that your business meets the graduate level criteria.

Furthermore, the contract does not provide sufficient contact details for the client, specifically the landline telephone number and email address.

You have therefore not submitted the evidence specified at paragraph 41-SD(c) of Appendix A of the Immigration Rules.

My partners Designation showed was Software Consultant.

We had printed the Company House Current Appointment Report online and we missed out on the contact number (Nolandline or email ID) only postal address provided. RIGHT TO APPEAL GIVEN.

Contract is actively trading and receiving payments regularly in business account.

Awaiting your expert Comments and guidance for on what grounds appeal should be made.

......

41. An applicant will only be considered to have access to funds if:

(a) The specified documents in paragraph 41-SD are provided to show cash money to the amount required (this must not be in the form of assets);

41-SD. The specified documents in Table 4 and paragraph 41 are as follows: .............

(c) If the applicant is applying under the provisions in (d) in Table 4, he must provide:

(i) his job title,

(ii) the Standard Occupational Classification (SOC) code of the occupation that the applicant is working in, which must appear on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J,

(iii) one or more of the following specified documents:

(1) Advertising or marketing material, including printouts of online advertising, that has been published locally or nationally, showing the applicant's name (and the name of the business if applicable) together with the business activity,
(2) Article(s) or online links to article(s) in a newspaper or other publication showing the applicant's name (and the name of the business if applicable) together with the business activity,
(3) Information from a trade fair(s), at which the applicant has had a stand or given a presentation to market his business, showing the applicant's name (and the name of the business if applicable) together with the business activity, or
(4) Personal registration with a trade's body linked to the applicant's occupation.

and

(iv) one or more contracts showing trading. If a contract is not an original the applicant must sign each page of the contract. The contract must show:

(1) the applicant's name and the name of the business,
(2) the service provided by the applicant's business; and
(3) the name of the other party or parties involved in the contract and their contact details, including their full address, postal code, landline phone number and any email address.

I HAVE QUOTED THIS FROM THE IMMIGRATION LAW SECTION THE CASE WORKER REFERRED TO, AND
1. DIDN'T FIND ANYTHING ABOUT THE ORIGINALITY OF COMPANY HOUSE REPORT TO BE SUBMITTED.
2. THERE IS NO MENTION THAT FULL CONTACT MUST BE SUPPLIED RATHER THEY MENTION FULL ADDRESS. TEL NO AND -any- EMAIL ADDRESSES

the fact that you are already trading should have covered for the remaining lapses if submitted evidence of trading, but still these case workers don't seem know what they doing....

[AceVenture]

Thanks guys,

@monolyte : thanks for sharing the info. I had not provided any trading evidence other than contract . But hv got the bank statements now. It shud help in appeal.

@ RizKCB : The contract I had submitted was provided by the client so I stocked to it and overlooked the UKBA requirements. It luks stupid though asking ur clients to amend some legal paperwork just for the sake of UKBA.

Thanks again... My partner is gonna appeal n m hiring a barrister.

Awaiting my desicion yet. My contract is with other client but its missing the landline no as well... Lol.

[dd156]

I'm pretty sure your partner will win the appeal. Companies House doesn't provide any originals. I just phoned them to ask this again.
Also, missing contact details is also a very minor reason.

[entrepreneur123]

Thank you for your email.

You can obtain a list of the current directors and company secretary and those who have resigned since 1991 by requesting a Current Appointments Report including resignations. Please be aware that the addresses given in the report may not be a residential address, as service addresses can be given under the Companies Act 2006. The fee for this document is £3.00 by post, fax, or email.

This information can be ordered by telephoning our Contact Centre on 0303 1234 500.

Requests for posted information which are received by 4pm where payment is made by credit or debit card, will be despatched by first class post the same day. Faxed or emailed information will be sent on the same day as the request was made and will be delivered within 1 hour.

Requests where payment is made by cheque will be processed within 2 working days of receipt.

In order to protect our customers' interests we are unable to carry out searches where payment by credit or debit card is made via e-mail.

However, the Current Appointments Report, which is a list of the current directors and company secretary (this will not include resignations), is free of charge on our Webcheck service.

For further information please visit the shortcut:

http://www.companieshouse.gov.uk/info

You can also purchase further documents from this service, which enables customers to buy and receive detailed company information electronically. The products available, which cost £1.00 per item, per company, include the latest Accounts and Annual Return.

Yours faithfully,

It is redicules owl foul in whole policy guidance there is nothing like 'Submit orginal Director appointment report n not the online printouts or copy' i am sure a lots of ppl provided printouts not orignal report.I dont know how many ppl would be refuesed for these baseless reason and finally would get there visa by winning appeals (inshallh). if apeal tribunals has grant visas by allowing appeal then whats the purpose of home office and caseworkers then? is not it a waste of time for the applicant and apeal tribunals as well.

How do you obtain the original report?

[dd156]

How weird! I've called twice and they said it's not available!

[sky_rise]

Agree with you, this one is available for £3. Ordered. It is no different from the one you print yourself, but also you do get a receipt with it. And actually, in policy guidance they state: "order it for the FEE".

Hope it helps.

Thank you for your email.

You can obtain a list of the current directors and company secretary and those who have resigned since 1991 by requesting a Current Appointments Report including resignations. Please be aware that the addresses given in the report may not be a residential address, as service addresses can be given under the Companies Act 2006. The fee for this document is £3.00 by post, fax, or email.

This information can be ordered by telephoning our Contact Centre on 0303 1234 500.

Requests for posted information which are received by 4pm where payment is made by credit or debit card, will be despatched by first class post the same day. Faxed or emailed information will be sent on the same day as the request was made and will be delivered within 1 hour.

Requests where payment is made by cheque will be processed within 2 working days of receipt.

In order to protect our customers' interests we are unable to carry out searches where payment by credit or debit card is made via e-mail.

However, the Current Appointments Report, which is a list of the current directors and company secretary (this will not include resignations), is free of charge on our Webcheck service.

For further information please visit the shortcut:

http://www.companieshouse.gov.uk/info

You can also purchase further documents from this service, which enables customers to buy and receive detailed company information electronically. The products available, which cost £1.00 per item, per company, include the latest Accounts and Annual Return.

Yours faithfully,

It is redicules owl foul in whole policy guidance there is nothing like 'Submit orginal Director appointment report n not the online printouts or copy' i am sure a lots of ppl provided printouts not orignal report.I dont know how many ppl would be refuesed for these baseless reason and finally would get there visa by winning appeals (inshallh). if apeal tribunals has grant visas by allowing appeal then whats the purpose of home office and caseworkers then? is not it a waste of time for the applicant and apeal tribunals as well.

How do you obtain the original report?

[dd156]

Ok, thanks for letting me know. I did phone them today and the lady who answered said what I wrote earlier.
Anyway, if this is the case then I should be prepared for my rejection letter I guess.

[RizKCB]

Ok, thanks for letting me know. I did phone them today and the lady who answered said what I wrote earlier.
Anyway, if this is the case then I should be prepared for my rejection letter I guess.

It depends on caseworker. It is not necessary that your caseworker is same. Every caseworker has different world of knowledge and perception just like applicants have different opinions about entrepreneur application preparation.
In a joint application, the outcome might be one of the followings (Just an opinion):
1- Both refused
2- One got visa and one refused (rare but happened and read in this forum)
3- One refused and one's application on hold until refused application is not decided through appeal/review. (Just an idea based on an example, one refused and other's application has no response even after more than two weeks)


I have hardly heard so far that in joint application; both members got visa.

One thing is really critical that UKBA now do not return documents if the visa of applicant is already expired. In this case they advise to leave UK as soon as possible if no appeal in process and give back documents on airport.

Applicant can only present his/her case in appeal. If it is allowed to discuss other examples in appeal process then i bet that every other person could get visa.

[Shawn TT]

For company you just need one document and that is CAR (current appointment report). That is printed from companies house website for £1.00

That confirms who directors are, etc.

That's all that you need to provide.

As for refusing for things like not having phone numbers etc. decision is incorrect on the basis of evidential flexibility. Case is recent case of Rodriguez of Upper Tribunal.

Hope it helps.

[rehan01]

So sorry to hear about your partner application refusal ...... I think you there are very good chances to Win in appeal so go for it and InshAllah you will be fine and for those who have supplied company house appointment report printout DO NOT PANIC its not end of world.

regarding the contact number and email address missing from the contract I think its a mistake from your side because as per policy guidance

"Trading activity
You must also provide one or more contracts showing trading. We will accept original documents or copies, but if it is a copy you must sign each page of the contract. The contract must show:
• Your name and the name of the business;
• the service provided by your business; and
• the name of the other party/parties involved in the contract and their contact details.
These must include their full address including postal code, landline phone number and any email address"

Policy Guidance Page 24 Paragraph number 117

so I will say get new contract with correct details with new client and jobs done as it was by mistake and like you said client paid in your company account and you can prove it using business account statement so InshAllah you will be fine.

all the very best and good luck with Appeal and do keep us posted

regards

Hi all,

Applied on 21st Feb. PSW < Tier 1 Ent. Partners application refusal recieved on 23rd April. Mine still pending.

Reason for refusal.

As the policy guidance says Under Appendix A : Attributes

iii. Registered with HM Revenue and Customs as self-employed; or registered as a director

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur). If you were registered earlier than this you will still need to provide evidence that you were registered in this period.

iv. In an occupation skilled to graduate level Other than the work necessary to administer the business, your main business activity must
be working skilled to National Qualifications Framework 4 or above. We will not take into account the tasks involved with the running of the business for this assessment.

CASEWORKERS DESICION

For requirements (iii) the Companies House Current Appointment Report that you have provided is a copied document and not the original that is required. For this reason, you have not submitted the evidence specified in Appendix A under provision (d) of Table 4 in the immigration Rules.

For requirement (iv) the contract that you have provided does not state the full details of provided services to confirm that your business meets the graduate level criteria.

Furthermore, the contract does not provide sufficient contact details for the client, specifically the landline telephone number and email address.

You have therefore not submitted the evidence specified at paragraph 41-SD(c) of Appendix A of the Immigration Rules.

My partners Designation showed was Software Consultant.

We had printed the Company House Current Appointment Report online and we missed out on the contact number (Nolandline or email ID) only postal address provided. RIGHT TO APPEAL GIVEN.

Contract is actively trading and receiving payments regularly in business account.

Awaiting your expert Comments and guidance for on what grounds appeal should be made.

[AceVenture]

Gud Morning All,

Just received my refusal dis morning. It seems both depictions were taken on the same time as the date and reasons for refusal are same. No changes.

Will file a appeal early next week.

Note: My partner received all his original docs back apart from his passport, but for me none of them are returned. Only the refusal reasons and appeal form is received.

[ai'sh]

Gud Morning All,

Just received my refusal dis morning. It seems both depictions were taken on the same time as the date and reasons for refusal are same. No changes.

Will file a appeal early next week.

Note: My partner received all his original docs back apart from his passport, but for me none of them are returned. Only the refusal reasons and appeal form is received.

Did you get any reply on your appeal???

[jeez]

Applied on 23, Oct, 2012.
My Application is refused on the basis of following points:

3)One or more contracts showing trading, the contract you supplied does not give the telephone number of the other party involved and you therefore do not meet the requirements at paragraph 41-SD(c)(iv) of the Immigration rules.

However I have provided all business details but telephone number was missing. I am going in appeal; I will provide land-line number in trading contract.

Please suggest me more points which make my appeal successful, all type of comments are welcome.
Thanks,
Jeez