Visa rejected on 3 basis

[razz11]

I applied on 22 march and on 1 June i got refusal letter. Points of refusal were:
1 - Core services mentioned in my business plan and contracts does not match with my job title. Actually, I showed my job title as " Financial Consultant " where I will provide bookkeeping services and sales analysis of their business. But I also mentioned that I will provide my clients with marketing plan and strategy.
2 - In respect to online marketing/advertising requirement, they objected that I didn't mention my name on the website.
3 - I didn't provided landline numbers and email addresses for my clients on the contract letters.

I got 0 out of 75 points for attributes section because the above 3 objections makes its first part i.e. " Access to funds " invalid (i.e. 0 out of 25) and then the next two parts " Funds in regulated institution " and " funds disposable in UK " are automatically awarded 0 out of 25 because the first part is not satisfied or awarded 25 points.

Please advise as they have given me right to appeal whether this decision can be turned or not or has anyone experienced these sort of objections before. I know a solicitor will help me in this cause but any piece of advice from you guys will be much appreciated.

[Entrepreneur9]

razz11 - really sorry to hear about your refusal.

I personally dont think there is any point to appeal this decision as they have refused you on 3 points. If it would have been a single simple error then appeal makes sense but not in this case.

As far as I am concerned it is ok if your core business services doesn't match your job title. Is there any such requirement that both the things should match? If yes then where is it written in the policy guidance?

I am applying for my T1 50k visa in 2 weeks. I have done a general MBA and do not have any IT skills. My business provides IT solutions and services to clients. My job title is Business Development Manager. Do you think this may be a problem? However both my job title and the business services are Level 4 and above.

[rizwan567]

If you have valid visa then reapply with correct documents. If you have an appeal then you do not have a much choice.. Just go for an appeal and make good appeal

[razz11]

thanks entreprenuer9 and rizwan567 for your reply.

@entrepreneur9......I thought so too that if my core services doesn't match exactly as the job title then it would still be acceptable. And, you advised not to appeal but problem is that if I don't appeal in 10 working days then i will have to leave UK.

@rizwan567......my visa expired in march so i don't have a chance to re-apply (i think). Only way to go forward from here is (i think) is to appeal.

Any advice how to get around those 3 objections ? I know not mentioning my name on the company's website and not having the landline number and email addresses of my clients on the contract letters are considered human errors or memory lapse but what about job title not in line with the core services i am providing ? Any idea ?

[tapanpatel]

hi there, my UK entrepreneur visa got rejected yesterday on two grounds

1> I did not provide my welcome letter from HMRC (I PROVIDED)

2> SOC code for my role is not at required level (IT IS NVQ 4)

they haven't given me right to appeal as i still have got 8 months with my PSW visa.

WHAT CAN I DO apart from applying again?

if i email they will that work? (I actually mean CAN THE VISA BE REVISED BY UKBA through email communication AFTER REFUSAL?

Please HElp

[nils]

As far as I am concerned it is ok if your core business services doesn't match your job title. Is there any such requirement that both the things should match? If yes then where is it written in the policy guidance?

Please see below. As per policy guidance.

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.
For example
• If the business is software sales and your main activity is developing software, you may
qualify for points;
• If the business is a taxi firm, the main occupation is driving a taxi and you will not score
points even though you manage the business. Your main activity is providing a taxi
service which is not skilled to graduate level.

[razz11]

As far as I am concerned it is ok if your core business services doesn't match your job title. Is there any such requirement that both the things should match? If yes then where is it written in the policy guidance?

Please see below. As per policy guidance.

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.
For example
• If the business is software sales and your main activity is developing software, you may
qualify for points;
• If the business is a taxi firm, the main occupation is driving a taxi and you will not score
points even though you manage the business. Your main activity is providing a taxi
service which is not skilled to graduate level.

I have checked again and it looks like that my core services are more or less related with " Financial Manager " job title rather than the one which I have put in the application form (i.e. Financial Consultant). So, it is an error from my side while filling the form. Also, its information missing from my company's website (i.e. my name) and also from contract letters (i.e. landline numbers and email addresses) on which UKBA has objected.

I mean they could have asked me to provide this information or asked me to correct it and send these documents again but rather they refused my application straight away. My question is now that what are my chances to revert this decision in the appeal ? My current visa expired already so I cannot make a new application (that's what i think).

Any advice ?

[razz11]

Sorry, i forgot to mention that " Financial Manager " job title also stands at NQF level 6 (same level as that of Financial Consultant which i wrongly wrote in my application).

[entrepreneur123]

brother. I think you should consult some good solicitors and try to file appeal with one you feel confident. No one know chances of success but hope for the best.

Sorry, i forgot to mention that " Financial Manager " job title also stands at NQF level 6 (same level as that of Financial Consultant which i wrongly wrote in my application).

[sad.1]

thanks entreprenuer9 and rizwan567 for your reply.

@entrepreneur9......I thought so too that if my core services doesn't match exactly as the job title then it would still be acceptable. And, you advised not to appeal but problem is that if I don't appeal in 10 working days then i will have to leave UK.

@rizwan567......my visa expired in march so i don't have a chance to re-apply (i think). Only way to go forward from here is (i think) is to appeal.

Any advice how to get around those 3 objections ? I know not mentioning my name on the company's website and not having the landline number and email addresses of my clients on the contract letters are considered human errors or memory lapse but what about job title not in line with the core services i am providing ? Any idea ?

@razz11 it does make sense you must go for appeal like i have got refusal after 9 months of submission of my application i have 5 refusals but i did appealed regarding your name was not mention on your website by law the case worker should ask you to provide the things which are missing which they didnt approached you and if yur job title is in list of frame work you r safe but core of business service is diff is stil acceptable. you go to lawyer consult and appeal within 10 working days dont delay.......i am also not awarded 75 points but insha Allah Allah will help us go for appeal.
my refusal mention also my job title is not listed in framework actually it does appear its their mistake. go for Appeal brother ALLAH help us, aamen.

[RizKCB]

razz11 - really sorry to hear about your refusal.

I personally dont think there is any point to appeal this decision as they have refused you on 3 points. If it would have been a single simple error then appeal makes sense but not in this case.

As far as I am concerned it is ok if your core business services doesn't match your job title. Is there any such requirement that both the things should match? If yes then where is it written in the policy guidance?

I am applying for my T1 50k visa in 2 weeks. I have done a general MBA and do not have any IT skills. My business provides IT solutions and services to clients. My job title is Business Development Manager. Do you think this may be a problem? However both my job title and the business services are Level 4 and above.

In my personal opinion, you are going to make trouble for you. You are trying to choose your designation according to your Degree. It is not required. Only thing mentioned in guidance policy is that your business activity and occupation in that business activity must include those activities in services delivered to the client. If your business activities are IT SOLUTIONS AND SERVICES then what role of BUSINESS DEVELOPMENT MANAGER is there? It would be administrative and not acceptable by UKBA.

It effects PSW to Ent. applicants with 50000 access.

Just read the following again and again; you will sudden pick the meanings:

(iv) are working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the UK Border Agency, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.

[rsrameshsunil]

razz11 - really sorry to hear about your refusal.

I personally dont think there is any point to appeal this decision as they have refused you on 3 points. If it would have been a single simple error then appeal makes sense but not in this case.

As far as I am concerned it is ok if your core business services doesn't match your job title. Is there any such requirement that both the things should match? If yes then where is it written in the policy guidance?

I am applying for my T1 50k visa in 2 weeks. I have done a general MBA and do not have any IT skills. My business provides IT solutions and services to clients. My job title is Business Development Manager. Do you think this may be a problem? However both my job title and the business services are Level 4 and above.

In my personal opinion, you are going to make trouble for you. You are trying to choose your designation according to your Degree. It is not required. Only thing mentioned in guidance policy is that your business activity and occupation in that business activity must include those activities in services delivered to the client. If your business activities are IT SOLUTIONS AND SERVICES then what role of BUSINESS DEVELOPMENT MANAGER is there? It would be administrative and not acceptable by UKBA.

True point. The scenarios could be different if you are running a management consulting firm and you are going onsite to a client and providing business development management services for your client's business. This is different from being a BDM for you company while your subordinates (software engineers) do the core work for clients.

[RizKCB]

Your Subordinates are actually involved in CORE SERVICES as your business is IT SOLUTIONS AND SERVICES. You are on back-end to promote their business as BDM, hence you are administrating them to promote. UKBA will watch out for SERVICES in your contract to the client. If it is IT SOLUTIONS AND SERVICES then you will put these IT related services in the contract.

If your business is MANAGEMENT CONSULTING FIRM then BDM is perfect enough and your client could be anybody e.g. IT Business, Super Store, Production Factory, Software House etc. In this scenario, the activities related to BDM will be included in the SERVICES section of your contract to your clients.

[miss khan]

need a good solicitor
hi guyz can anyone sagust me any good solicitor near eastham

[cpmlkhan]

need a good solicitor
hi guyz can anyone sagust me any good solicitor near eastham

Miss Khan,

If you give me a bit overview of your case then will be able to better suggest you.