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One rule of thumb !WelcomeToAll wrote:HI all,
Me and my team member applied on 12/12/12 for Tier 1 Entrepreneur visa using third party funding (from my uncle). We submitted all the documents in line with the UKBA policy guidance.
For third party funding, we had provided a declaration from third party that the funds are availalble to us, a letter from legal representative confirming the validity of the declaration, and a bank letter + bank statement.
Before applying, me and my uncle requested the letter from bank (which is in UK) in a specified format as required by the UKBA, but the bank refused to issue any such letter stating that they are not allowed by their bank policy to issue such letter. We insisted that it is not our demand, it is the UKBA requirement, how you can't issue such letter. The bank replied that they are not bound by the rules and regulations of UKBA, we follow our own banking rules and regulations. The bank said 'We can issue you a recent bank statement which will confirm the availability of funds. The bank statement already has your name and details (i.e.. my Uncle details) and we can only provide a letter in our own format which will include only the account holder name and funds available.' The bank emphasised that you are not the only one requesting this letter; we have provided similar letters to other applicants which were accepted by UKBA. The bank representative also attached her contact details (card) with the letter and told that if the UKBA need any information they should contact me.
Then I contacted to the UKBA and explained the whole situation that the bank is not providing me a letter as specified by you. What should I do know. Because I am in trouble, you need letter in your own specified format and the bank says that we are not bound by the UKBA requirement, I am stuck in the middle. I told UKBA that before making such rules you should have to confirm first from other organisations that we are making such requirements and you should have to follow it. If the organisations say 'Ok' then you should proceed and if they say 'No' then you should not make any such rules which are not practicable.
The UKBA advisor told me if the bank does not provide you letter in the specified format then the one they are providing is also sufficient and further suggested that clarify this situation in your covering letter to UKBA.
I did the same as advised by the UKBA and mentioned if you need any help or information please do not hesitate to contact me.
After all these struggles and troubles we got refusal today on the basis that 'the bank letter is not acceptable because it does not state your name and the name of your entrepreneurial team partner, and confirm the amount of money being available to you and your team partner from the third party's funds.'
Now I have to challenge the decision, and it will waste my time and money again without any reason.
If any one has the same situation or has any information or advice which can help me please share here.
Thanks
sorry for being lazy. could you please help me with the link regarding the above. Since this is not personal case anymore and has become more of a general issue, any references regarding the above can actually benefit many people who have been refused under this grounds. Enabling them to make a reconsideration request to the UKBA by refering to judgement.gardazi76 wrote:helllo
huys i heard in one of the thread that this issue been raised at the court and judge told ukba to re consider the applications for those
WelcomeToAll wrote:HI all,
Me and my team member applied on 12/12/12 for Tier 1 Entrepreneur visa using third party funding (from my uncle). We submitted all the documents in line with the UKBA policy guidance.
For third party funding, we had provided a declaration from third party that the funds are availalble to us, a letter from legal representative confirming the validity of the declaration, and a bank letter + bank statement.
Before applying, me and my uncle requested the letter from bank (which is in UK) in a specified format as required by the UKBA, but the bank refused to issue any such letter stating that they are not allowed by their bank policy to issue such letter. We insisted that it is not our demand, it is the UKBA requirement, how you can't issue such letter. The bank replied that they are not bound by the rules and regulations of UKBA, we follow our own banking rules and regulations. The bank said 'We can issue you a recent bank statement which will confirm the availability of funds. The bank statement already has your name and details (i.e.. my Uncle details) and we can only provide a letter in our own format which will include only the account holder name and funds available.' The bank emphasised that you are not the only one requesting this letter; we have provided similar letters to other applicants which were accepted by UKBA. The bank representative also attached her contact details (card) with the letter and told that if the UKBA need any information they should contact me.
Then I contacted to the UKBA and explained the whole situation that the bank is not providing me a letter as specified by you. What should I do know. Because I am in trouble, you need letter in your own specified format and the bank says that we are not bound by the UKBA requirement, I am stuck in the middle. I told UKBA that before making such rules you should have to confirm first from other organisations that we are making such requirements and you should have to follow it. If the organisations say 'Ok' then you should proceed and if they say 'No' then you should not make any such rules which are not practicable.
The UKBA advisor told me if the bank does not provide you letter in the specified format then the one they are providing is also sufficient and further suggested that clarify this situation in your covering letter to UKBA.
I did the same as advised by the UKBA and mentioned if you need any help or information please do not hesitate to contact me.
After all these struggles and troubles we got refusal today on the basis that 'the bank letter is not acceptable because it does not state your name and the name of your entrepreneurial team partner, and confirm the amount of money being available to you and your team partner from the third party's funds.'
Now I have to challenge the decision, and it will waste my time and money again without any reason.
If any one has the same situation or has any information or advice which can help me please share here.
Thanks
WelcomeToAll wrote:Yes, I have the UKBA advisor name, date and time of call. As these calls are recorded so it can be traced.
HI. What's happen if applicant wins the appeal. will Home office issue visa straight way immediately and they ask again new documents like (Bank Statement, Third Party Declaration etc)Mr Legal wrote:WelcomeToAll wrote:Yes, I have the UKBA advisor name, date and time of call. As these calls are recorded so it can be traced.
Sorry about your refusal. Go in appeal straightaway despite the fact that there will be a next queue for you,but you don't have any second choice rather than to reapply where you will still face the same problem.It was better to have an email or letter from the bank complaint/customer service regarding the issue or had received the advice from the UKBA through email and could have attached them with your application.
If you win the case, your judge will conclude their refusal decision as "unlawful" and the judge will ask UKBA to make a new decision "lawfully". The new decision may be anything. But it cannot be the same as refused initially.MNaveedonline wrote:HI. What's happen if applicant wins the appeal. will Home office issue visa straight way immediately and they ask again new documents like (Bank Statement, Third Party Declaration etc)Mr Legal wrote:WelcomeToAll wrote:Yes, I have the UKBA advisor name, date and time of call. As these calls are recorded so it can be traced.
Sorry about your refusal. Go in appeal straightaway despite the fact that there will be a next queue for you,but you don't have any second choice rather than to reapply where you will still face the same problem.It was better to have an email or letter from the bank complaint/customer service regarding the issue or had received the advice from the UKBA through email and could have attached them with your application.