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TIER 1 Entrepreneur Application Refused after 3 Months

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

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ukakbar
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Posts: 6
Joined: Sat May 04, 2013 3:33 pm

TIER 1 Entrepreneur Application Refused after 3 Months

Post by ukakbar » Sat May 04, 2013 4:06 pm

Sharing this for New Applicants or Existing Applicants under Tier 1 Entrepreneur Initial Application.

TIER 1 Initial Application
PSW Route
Application Submitted 29th Jan, 2013, PSW Expired on 3rd Feb, 2013.
Biometric Received 17th Feb, Attended Post Office & Submitted same day.
General Update on New Changes received in Last week of March.

As i made my application by myself, Later after submitting my application i realized that I forgot to mention my name in business advertisement, so Edited my Business advertising and repost online on 19th Feb, 2013.

Today Refusal Recieved and None of 75 points have been granted
Because It says that

You have provided sufficent Evidence to demonstrate that you do have access to atleast 50000 under provision d of Table 4, you are required to meet the following additional Criteria:
i - are applying for leave to remain
ii - have, or were lasted granted, leave as a Tier 1 (Post-Study Work) Migrant,
iii - Were, on a date falling with in three months immidiately prior to the date of application,
1) Registered with HM Revenue and Customs as Self Employed, or
2) registered a new business in which he is a director, or
3) registered as a director of an existing business,

iv) are enganged in business activity, other than work necessory..........

You have demostrated that you satisfy i and ii, iii

For Requirement iv you are asked to provide advertising to prove that you are engaged in business activity. You have provided advritisement, however that advertisement does not contain your name and therefore does not meet the requirement as listed at paragraph41-SD(c) (iii) of Appendix A of Immigration Rules.


My Questions from respectful audience and experts,

- As i had realized the Error on 19th Feb, Fixed it & Reposted my Advert on 19th February, BUT This was after submitting the documents and well before the refusal today, Should i submit the appeal bymself by filling up the Appeal form?

- Refusal Letter is Dated 27th April - Date of Service of Decision is 30th April, But it has been received as Recorded signed for today on Saturday 4th and I got 10 Business day to submit my appeal with an appeal fee of 80 Pounds, So what will be my last day to submit my appeal.

I will much appreciate your views on my query and really thank you in advance to your views and for expert opinion.

Regards,

Extension2013
Member
Posts: 100
Joined: Fri Apr 26, 2013 8:48 pm
Location: Nottingha

Re: TIER 1 Entrepreneur Application Refused after 3 Months

Post by Extension2013 » Sat May 04, 2013 5:17 pm

ukakbar wrote:Sharing this for New Applicants or Existing Applicants under Tier 1 Entrepreneur Initial Application.

TIER 1 Initial Application
PSW Route
Application Submitted 29th Jan, 2013, PSW Expired on 3rd Feb, 2013.
Biometric Received 17th Feb, Attended Post Office & Submitted same day.
General Update on New Changes received in Last week of March.

As i made my application by myself, Later after submitting my application i realized that I forgot to mention my name in business advertisement, so Edited my Business advertising and repost online on 19th Feb, 2013.

Today Refusal Recieved and None of 75 points have been granted
Because It says that

You have provided sufficent Evidence to demonstrate that you do have access to atleast 50000 under provision d of Table 4, you are required to meet the following additional Criteria:
i - are applying for leave to remain
ii - have, or were lasted granted, leave as a Tier 1 (Post-Study Work) Migrant,
iii - Were, on a date falling with in three months immidiately prior to the date of application,
1) Registered with HM Revenue and Customs as Self Employed, or
2) registered a new business in which he is a director, or
3) registered as a director of an existing business,

iv) are enganged in business activity, other than work necessory..........

You have demostrated that you satisfy i and ii, iii

For Requirement iv you are asked to provide advertising to prove that you are engaged in business activity. You have provided advritisement, however that advertisement does not contain your name and therefore does not meet the requirement as listed at paragraph41-SD(c) (iii) of Appendix A of Immigration Rules.


My Questions from respectful audience and experts,

- As i had realized the Error on 19th Feb, Fixed it & Reposted my Advert on 19th February, BUT This was after submitting the documents and well before the refusal today, Should i submit the appeal bymself by filling up the Appeal form?

- Refusal Letter is Dated 27th April - Date of Service of Decision is 30th April, But it has been received as Recorded signed for today on Saturday 4th and I got 10 Business day to submit my appeal with an appeal fee of 80 Pounds, So what will be my last day to submit my appeal.

I will much appreciate your views on my query and really thank you in advance to your views and for expert opinion.

Regards,
Hello: same is mine case refused under (iv) and I have filed my appeal through my solicitor because they know better to present the case in light of case laws.Mere statement doesn't work to present before the tribunal.A legal professional can represent acceptable evidence and reasons to justify your adverting material.

Its upto you to engage a solicitor or just file on you own your appeal.

Have you got back your passport etc.

monolyte
Member
Posts: 176
Joined: Tue Nov 27, 2012 2:01 pm

Re: TIER 1 Entrepreneur Application Refused after 3 Months

Post by monolyte » Sat May 04, 2013 7:18 pm

ukakbar wrote:Sharing this for New Applicants or Existing Applicants under Tier 1 Entrepreneur Initial Application.

TIER 1 Initial Application
PSW Route
Application Submitted 29th Jan, 2013, PSW Expired on 3rd Feb, 2013.
Biometric Received 17th Feb, Attended Post Office & Submitted same day.
General Update on New Changes received in Last week of March.

As i made my application by myself, Later after submitting my application i realized that I forgot to mention my name in business advertisement, so Edited my Business advertising and repost online on 19th Feb, 2013.

Today Refusal Recieved and None of 75 points have been granted
Because It says that

You have provided sufficent Evidence to demonstrate that you do have access to atleast 50000 under provision d of Table 4, you are required to meet the following additional Criteria:
i - are applying for leave to remain
ii - have, or were lasted granted, leave as a Tier 1 (Post-Study Work) Migrant,
iii - Were, on a date falling with in three months immidiately prior to the date of application,
1) Registered with HM Revenue and Customs as Self Employed, or
2) registered a new business in which he is a director, or
3) registered as a director of an existing business,

iv) are enganged in business activity, other than work necessory..........

You have demostrated that you satisfy i and ii, iii

For Requirement iv you are asked to provide advertising to prove that you are engaged in business activity. You have provided advritisement, however that advertisement does not contain your name and therefore does not meet the requirement as listed at paragraph41-SD(c) (iii) of Appendix A of Immigration Rules.


My Questions from respectful audience and experts,

- As i had realized the Error on 19th Feb, Fixed it & Reposted my Advert on 19th February, BUT This was after submitting the documents and well before the refusal today, Should i submit the appeal bymself by filling up the Appeal form?

- Refusal Letter is Dated 27th April - Date of Service of Decision is 30th April, But it has been received as Recorded signed for today on Saturday 4th and I got 10 Business day to submit my appeal with an appeal fee of 80 Pounds, So what will be my last day to submit my appeal.

I will much appreciate your views on my query and really thank you in advance to your views and for expert opinion.

Regards,
WHEN YOU RE-POSTED DID YOU ALSO FILL A CHANGE OF CIRCUMSTANCE FORM?
IF YOU ARE MAKING CORRECTION TO YOUR APPLICATION YOU SHOULD ALSO FILL CHANGE OF CIRCUMSTANCE FORM.

ukakbar
Newly Registered
Posts: 6
Joined: Sat May 04, 2013 3:33 pm

Post by ukakbar » Sat May 04, 2013 8:29 pm

Most Probably I will be submitting my Amended & Reposted Advert with the appeal form and hopefully will try my level best to clarify tribunal on this.

I have not yet received any of the document EXCEPT Original Refusal Letter.

I have to engage a solicitor or not, Will make a final decision by Wednesday.

Answer to other Query is below,

i have not yet heard of Change of Circumstances Form. I believe no such form is required in my case as I have to simply Attach my New Add which was edited & Posted After the Application was submitted and Before Refusal Letter.

If i am wrong, Please clarify,

Thanks,

Regards,

ukakbar
Newly Registered
Posts: 6
Joined: Sat May 04, 2013 3:33 pm

Post by ukakbar » Sat May 04, 2013 8:32 pm

EXTENSION 2013, Do you have any idea or information from you solicitor that why have i not received my Passport and documents Yet?

Or If this is the case that Home Office is waiting that i do avail right to appeal or not,

Please give your opinion on this,

monolyte
Member
Posts: 176
Joined: Tue Nov 27, 2012 2:01 pm

Post by monolyte » Sat May 04, 2013 10:03 pm

ukakbar wrote:Most Probably I will be submitting my Amended & Reposted Advert with the appeal form and hopefully will try my level best to clarify tribunal on this.

I have not yet received any of the document EXCEPT Original Refusal Letter.

I have to engage a solicitor or not, Will make a final decision by Wednesday.

Answer to other Query is below,

i have not yet heard of Change of Circumstances Form. I believe no such form is required in my case as I have to simply Attach my New Add which was edited & Posted After the Application was submitted and Before Refusal Letter.

If i am wrong, Please clarify,

Thanks,

Regards,
ukakbar THE GUIDANCE POLICY STATES THAT IF YOU HAVE SUBMITTED YOUR APPLICATION AND NEED TO SEND ADDITIONAL DOCUMENT OR MAKE CHANGES, YOU HAVE TO PRINT AND FILL A CHANGE OF CIRCUMSTANCE FORM AND SEND THE ADDITIONAL DOCUMENTS WITH THIS FORM. IF YOU JUST CHANGED THE INFORMATION ON YOU WEBSITE YOU ARE SUPPOSED TO HAVE FILL AND SENT A CHANGE OF CIRCUMSTANCE FORM TO INFORM UKBA OF THE CHANGES. IF YOU DIDNT DO THIS, ITS AN ERROR FROM YOU, SO ITS IMPORTANT YOU UNDERSTAND THE PROCEDURE OR YOU MAY FACE DIFFICULTIES DURING YOUR APPEAL.

ukakbar
Newly Registered
Posts: 6
Joined: Sat May 04, 2013 3:33 pm

Post by ukakbar » Sun May 05, 2013 4:16 am

Thank You for your advice, and i have also looked into this, Change of Circumstances Form apply on in case where the application is under process and First Decision has not been made yet. But in my case the Decision has been made by the Case worker and now i am in the Appeal Process. And While i will be submitting the appeal, I just need to argue and submit the additional Document to prove that Error was ractified.

But thank You for your Advice,

Regards,

monolyte
Member
Posts: 176
Joined: Tue Nov 27, 2012 2:01 pm

Post by monolyte » Sun May 05, 2013 5:51 pm

ukakbar wrote:Thank You for your advice, and i have also looked into this, Change of Circumstances Form apply on in case where the application is under process and First Decision has not been made yet. But in my case the Decision has been made by the Case worker and now i am in the Appeal Process. And While i will be submitting the appeal, I just need to argue and submit the additional Document to prove that Error was ractified.

But thank You for your Advice,

Regards,
IMMIGRATION APPEAL JUDGE: Mr ukakbar when you submitted extra documents did you also fill and submit a change of circumstance form to back the changes you have made to your initial application?

Mr ukakbar: No. I did not know I was supposed to fill a change of circumstance form. I just changed the information on my website and sent the corrected info to ukba.

IMMIGRATION APPEAL JUDGE: it means you did not follow the right procedure

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Sun May 05, 2013 5:58 pm

Can someone please post the link for where to get the change in circumstances form? Thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Should Appeal on Paper or ORAL ----PLEASE ADVISE

Post by vinny » Wed May 08, 2013 12:34 pm

ukakbar wrote:I got Rejected for not having my name of advertisement provided.

This advertisement was corrected and was re posted But this was after the Visa application and well before the decision.

Please advise if i should apply for Oral Hearing or Hearing on Papers and whether to engage a legal Representative or not.

Regards,
babylondoner wrote:wow. sorry to hear that you application was refused.

did you send a change in circumstances form along with the new documents?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed May 08, 2013 12:45 pm

monolyte wrote:IMMIGRATION APPEAL JUDGE: it means you did not follow the right procedure
Wonder if the Change of circumstances form is a requirement under the Immigration rules?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nayeem1506
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Posts: 6
Joined: Wed May 08, 2013 3:27 pm
Location: London
Contact:

TIER 1 Entrepreneur Application Refused after 3 Months

Post by nayeem1506 » Wed May 08, 2013 3:44 pm

Hi every one i jsut join the forum.

my visa was refused with exactly the same reason, but im just wonderd y would the name of owner should appear in the add, for example tesco super store place the add online but they dont mention the name of the owner how would it make sence.

and im appealing again the decision my solicitor said it will be ok we can defent it.
what you guy say abt this.

nayeem

entrepreneur123
Senior Member
Posts: 640
Joined: Wed Jan 09, 2013 11:12 am

Re: TIER 1 Entrepreneur Application Refused after 3 Months

Post by entrepreneur123 » Wed May 08, 2013 5:22 pm

Hi Nayeem,
you are right, but for this visa mentioning your name is one of the requirement to claim points.


nayeem1506 wrote:Hi every one i jsut join the forum.

my visa was refused with exactly the same reason, but im just wonderd y would the name of owner should appear in the add, for example tesco super store place the add online but they dont mention the name of the owner how would it make sence.

and im appealing again the decision my solicitor said it will be ok we can defent it.
what you guy say abt this.

nayeem

nayeem1506
Newly Registered
Posts: 6
Joined: Wed May 08, 2013 3:27 pm
Location: London
Contact:

Post by nayeem1506 » Thu May 09, 2013 9:19 am

But if this is the case, then maximum applicants didn't add the name so result will be the same then. Anyone got approved in appeal against these grounds of refusal this is head ache.
Nayeem

rps4you
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Posts: 8
Joined: Thu May 02, 2013 5:07 pm
Mood:
India

hi

Post by rps4you » Thu May 09, 2013 4:43 pm

my visa got declined for the same reason.. my name was not on the advertisement material. i am not sure what are the chances of sucess if i appeal this decision.

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