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Fresh OR Refused visa Reapplication - NO APPEAL RIGHT

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Ravi0108
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Posts: 11
Joined: Sun Jul 07, 2013 1:59 am

Fresh OR Refused visa Reapplication - NO APPEAL RIGHT

Post by Ravi0108 » Thu Aug 15, 2013 2:22 pm

Hi everyone.. Firstly, thanks to everyone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal on 05th July 2013..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my partner’s UK personal A/c..

Reason of refusal for team partner:
Current Appointment Report not submitted.

Reason for refusal for me:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to me by the other team member.


NOW the problem lies here that my team member’s PSW expired on March 30 where as my PSW is still valid till 13 Sep 2013. So, in this scenario, I HAVEN’T GOT THE RIGHT TO APPEAL javascript:emoticon(':cry:'), (Filing JR this week) whereas my team member HAS GOT right to appeal(applied for appeal on 12 Aug 2013, waiting for hearing date).

TO BE SAFE SIDE FROM OVERSTAYING, CAN I REAPPLY WITH THE SAME BUSINESS PLAN WE HAD PREVIOUSLY AND MENTION IN MY APPLICATION THAT MY PARTNER’S FILE IS ALREADY WITH UKBA???javascript:emoticon(':D')

OR I HAVE TO INCORPORATE NEW COMPANY, NEW BUSINESS PLAN AND NEW FUNDS ETC AND APPLY AS A FRESH APPLICANT (Because this will prove that our partnership was weak and my business plan producing machinejavascript:emoticon(':roll:')) I mean realistically in this option my partner’s file may also go weak because UKBA will say now you are not in partnership so your business plan will be weak too??


Looking forward to your valuable responses..

Thanks for your time and opinion in advance!!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Aug 15, 2013 6:49 pm

What is a "refused visa reapplication"?
Life isn't fair, but you can be!

Cvc
Newly Registered
Posts: 9
Joined: Sat Aug 17, 2013 10:46 am

Post by Cvc » Sat Aug 17, 2013 10:50 am

Please Seniors answer this question. It's very important question for team applicants.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Fresh OR Refused visa Reapplication - NO APPEAL RIGHT

Post by Olasunkanmi » Sun Aug 18, 2013 12:22 am

Ravi0108 wrote:Hi everyone.. Firstly, thanks to everyone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal on 05th July 2013..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my partner’s UK personal A/c..

Reason of refusal for team partner:
Current Appointment Report not submitted.

Reason for refusal for me:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to me by the other team member.


NOW the problem lies here that my team member’s PSW expired on March 30 where as my PSW is still valid till 13 Sep 2013. So, in this scenario, I HAVEN’T GOT THE RIGHT TO APPEAL javascript:emoticon(':cry:'), (Filing JR this week) whereas my team member HAS GOT right to appeal(applied for appeal on 12 Aug 2013, waiting for hearing date).

TO BE SAFE SIDE FROM OVERSTAYING, CAN I REAPPLY WITH THE SAME BUSINESS PLAN WE HAD PREVIOUSLY AND MENTION IN MY APPLICATION THAT MY PARTNER’S FILE IS ALREADY WITH UKBA???javascript:emoticon(':D')

OR I HAVE TO INCORPORATE NEW COMPANY, NEW BUSINESS PLAN AND NEW FUNDS ETC AND APPLY AS A FRESH APPLICANT (Because this will prove that our partnership was weak and my business plan producing machinejavascript:emoticon(':roll:')) I mean realistically in this option my partner’s file may also go weak because UKBA will say now you are not in partnership so your business plan will be weak too??


Looking forward to your valuable responses..

Thanks for your time and opinion in advance!!




I think that you should stick with your entrepreneur team member and not submit anything separate from your initial application unless u can convince the Home-office that you have just raised your own separate funds (everyone is allow to use own fund or third party fund from anywhere as long as you can submit necessary documentary evidence) and then submit new application as a single applicant before your current visa expires and making sure that u provide all the required documents specified in the policy guidance. But don't forget that you should stick with all your initial business plan in order to avoid doubt by the caseworker.

You can also still use your team member funds as available fund if you can both get signed declaration showing that you and your friend both have equal access to the fund in your friend account.
The key to success is knowledge and hardwork, and to have faith.

Ravi0108
Newly Registered
Posts: 11
Joined: Sun Jul 07, 2013 1:59 am

Post by Ravi0108 » Tue Aug 27, 2013 9:32 am

Many thanks Olasunkanmi.

I just raised £50k form my own sources and planning to apply as a single applicant with the same business plan before my visa expires (on 13/09/2013) but I have already applied for JR last week on 20/08/2013.

My solicitors is saying that if UKBA accepts the JR than they will me option to either accept the fresh application OR stick to the old application issue.

Hopefully I will get this option :) . I have also heard now days UKBA is not replying to JR on time and also asks for additional 21 days from High Court. If that happens than I will have to stick to the new fresh application :(

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