KickAss wrote:tanvir1985th wrote:memoa wrote:hi Guys,
I Applied on 20th March 2013
No interview
Note: I DO NOT have the right to appeal as my visa is still valid.
I applied as a director of a new established company (PSW route). I have put the money (50 k) in the company business account under the name of the (Director, which is me). However,the name is not my own name, it is the name of my new company. The money is held in UK account only.
reasons for refusal:
1- "you are claiming that you have access to 50,000£ to invest in a business in the UK. This must be made up of funds that are in a personal bank account as accounts in the name of a business will not be accepted."
2- "Under requirement (iv) under provision (d) of Table 4, you must provide evidence of trading and being engaged in business activity and you have provided a service agreement between yourself (My new company) and the (Client). This agreement does not contain Any specific services that are being agreed with the client."
3- You have claimed 25 points for funds held in a regulated financial institution under Appendix A, but on the basis of the documents you have provided you do not qualify for the award of points in this area as You are not eligible to claim points for a reduced level of funds under provision (d).
4- "The money is not disposable in UK" as you are not eligible to claim points for a reduced level of funds under provision (d)."
This was the statement of the refusal I got yesterday. My questions are:
As I have mentioned above that I do not have the right to appeal, I need to submit a fresh application. According to this, I have some urgent queries which are as follows:
1- I have established a new company for more than 3 months now. Therefore, do I need to re-establish a company again as the time of establishing exceeded 3 months now, which might not be acceptable when I apply for visa again.
2- My second question: Can anyone clarify me what they mean exactly to show evidence that I am actively engaged in business and to provide evidence of specific services. How can I meet this condition? what sort of documents would I need to provide?
I am looking forward to hearing from you the soonest as my case is very critical.
Thanks.
First of all sorry to hear about yr refusal. What I am understanding that you showed money in business account which doesnt show yr name so they didnt allow any point on that. so the solution of that is keep money in yr personal account though I find it quiet weird coz they say u can move to business account for investment purpose. secondly yr company can be as old as possible. no problem with that. I would say thats even better. coz it shows stability of the business. In the policy guidance it says you have to be registered as a director at least in last 3 months of the application. It means if you have been a director for 1 year then definitely u have been a director for last 3 months. It doesnt say if its longer than 3 months then it is not accepted. so no worries with that. but make sure u do some genuine business transactions to show u r real. try to do it from yr clients through online. last point of evidence being active in business can be fulfilled by advertisement. but make sure u have yr contact details, full name, company name, company number and all other details in that advertisement. most importantly u have to say in yr advert what service u provide and that must be at least NQF4 and must be from appendix J of immigration rule. finally u have to provide a contract between u and yr client mentioning clearly what services u will or have provided which must be again of NQF 4 according to yr SOC code. it should not be just a invoice REMEMBER IT. make sure u sign it along with the client with yr name saying u r the director, company details and clients all details including address, email address and MUST BE LAND PHONE NO. hope all these suggestions will help u to be successful next time. thx
Also current appointment report from company house (order it for 3 gbp) is a must if ur comp is older thn 3 months
First of all,many thanks for your time of consideration and your precious advice which I really find it helpful. However, I still have doubts about re-establishing a new company as I checked the policy guidance on p.24 under the subtitle : Directors which states:
114. If you are a Director of a UK company when you apply you must provide:
"115. The date of this document should be within the three months immediately before the date of this application."
*I found the above condition is also stated in different wordings:
As you are applying under provision (d) of table 4, you are required to demonstrate that you meet the following additional criteria:
(iii) were, on a date falling within the three months immediately prior to the date of application, (2) registered as a new business in which he is a director. (This statement was mentioned in my refusal but as a general guidance policy not as a reason for refusal as they said that I have demonstrated that I satisfy (iii) condition above.
This condition is also re-stated in Appendix A (Attributes) Table 5:
(On a date no earlier than three months prior to the date of application, the applicant was:
[(b) registered a new business in which he is a director,..]
Accordingly, I am very confused and cannot interpret the meaning of the phrases (such as within three months immediately, no earlier than 3 months and so on).
Do I need to re-establish a company ??? As I understood from the above statements that my company now will not be accepted as it is registered for about 3 months and 20 days which does not fall immediately within the 3 months of my fresh application which will be on first of June.
Please advise me...
