Better to go back or fresh application?

[kamz]

we applied for entrepreneur visa as a team last yr refused as HO stated there was no business activity. Further we could not handel this case in first tribunal and appeal dismissed now we have submitted application to go for upper tribunal just to gain some time. we were both on PSW
now I have two Qs

Is it possible if we withdraw our appeal and make a fresh application with all necessary docs again?

If we can make a fresh application does it worth or just a wastage of time?

need your truly advice

[Lola22]

Hello

I really do not how your questioning be answered effectively if u do not provide enough information about yr status. When did u applied. When did yr visa expire or when will it expire, e.t.c

Your refusal can be challenged make sure you get a good firm to represent you.

[kamz]

Thnx Lola our details are as

Last visa psw both expired in Oct and Nov 2012
Applied for visa in Sep 2013
Got refusal in March 2013
Hearing date was on 26 Aug 2013
Appeal dismissed on 23 sep 2013

Reason company was dormant at the time of hearing n have no business transactions etc.

Now we have submitted further application for upper tribunal that's in process.
our solicitor is advising us to make a fresh application with all necessary doc, my Q is that is it possible can we make a new application now, its confusing for us because some of friends saying we cant make a fresh application now
Please advise
regards

[Lola22]

Submitting a fresh application at this state depends on how weak or strong yr solicitor thinks the case is. At the moment, application like yrs depends on d caseworker as some application were treated on its merit and some were refused based on time. ie visa expiry.

Lets have a look at yr case.
You were refused in March 2013 cos yr business has no business activities. - so I guess you did not submit a contract or did you?

Secondly, during yr appeal, you were refused because yr company was dormant. Why was your company dormant when you had a pending case. - so I guess u still did not get any contract and did not file any company document at the due dates.

If this statement is correct then u made it complicated for yrself. Pls let me know if there any information missing or wrong. If we can establish a good case, then u can go ahead and challenge d decision if not you can try a fresh application option and submit within 28 days. You might be lucky.

My advice to you is to exhort all yr option and don't give up easily. You ve to be more careful especially with this visa category as its demands a lot. You have to know how and when to cross your t's and dot yr i's.

You were in court, u shld ve an idea of d situation of yr case and also know if yr solicitor tried his or her best. If he or she tried then trust his advice. The two of u ve the full case information. You can send more information about what happened during yr appeal. Did u submit contract. e.t.c

I wish you goodluck.

[kamz]

Thnx a lot Lola
Yes we provided two contracts but in appeal they pointed that we did not start work on these and no payment there in business account etc. secondly they pointed that company registered address is residential etc
We also confessed during hearing that we have not started work yet bcoz we r waiting fr our visa so that's y company has dormant status. So this was the only reason for appeal dismissed no trading yet.
So if u can advise now should we go fr further appeal or fresh application n one more thing should we apply as a team or separately...we both have statements n all requirements. Or should we apply for student visa etc
Please advise which z better option
Kind regards

[Lola22]

Hello Kamz,

You only have to choose if you should continue with your appeal or submit a fresh application. You have to decide this. Whatever you choose continue as a team. To be honest, yr case was easy but you have made it complicated by the statement you both made. Your solicitor should have explained the position of your case to you and handled your case better.

On what grounds have you appealed now? If the grounds are strong enough then you might go ahead with the appeal and please, get all the required document ready.

If you make a fresh application with all required documents and your application is refused, you can seek for reconsideration.

I will advice you to seek another legal opinion as soon as possible, pay the consulting fee if possible, present the whole case and listen to the opinion if you shld make a fresh application or not and let me know. They will tell you the whole option and possible outcome. You might not need to change yr solicitor but u need to act fast and work along with them.

I may help to go through your document.

Good luck.

[kamz]

Thnx a lot Lola fr ur help
I ll share my all docs that we used in last application n ll use in fresh application.
Bit confused jst to confirm from u ...Does fresh application has worth mean does HO consider this propery. Is there any idea about success rate of such application n is it within the legal framework...I hve been told by someone if we refused again we ll b overstayers that ll are tc our all history.
Plz advise
Kind regards

[Olasunkanmi]

Thnx a lot Lola fr ur help
I ll share my all docs that we used in last application n ll use in fresh application.
Bit confused jst to confirm from u ...Does fresh application has worth mean does HO consider this propery. Is there any idea about success rate of such application n is it within the legal framework...I hve been told by someone if we refused again we ll b overstayers that ll are tc our all history.
Plz advise
Kind regards

@ kamz, have you guys started trading in your business already as that's the main basis of your refusal and you guys should sort that out before even contemplating to submit a fresh application.

[Lola22]

Olasunkanmi,

What do you think about the whole case? Please, read the whole post and comment.

Please, you do not need to quote previous sentences if it is not necessary and please refer to links or pages, numbers and sections and just paste part of the sentences if necessary instead of pasting long sentences pleaseeee.

Hope to hear from you soon.

Thank you.

[Lola22]

Kamz,

You have to act fast. You really do not have much time to waste now. I do not know what your solicitor has put forward on your behalf for the appeal. If the grounds are not strong enough, then you have to try the fresh application option just has your solicitor has suggested. You have to make sure that all your document is accurate and fulfil all UKBA requirement then pray for favour.

I wish you all the best.

[kamz]

Thnx Olasunkanmi n Lola for your kind reply

Yes we have sent appeal grounds to get prmission for upper tribunal and i dnt think so grounds are strong enough because we confessed in the hearing we are not doing any trading at the moment because we are waiting for the visa etc.
Now the situation is this we have registered a new company at trading address with same services and same job designations. we have renewed same contracts with same companies and start working on that. Those companies will transfer initial payment soon in our accounts. we are also trying to make one or more new contracts. we have original office lease agreement and we are paying rent monthly, have two invoices as wel. we are making business plan and other marketing material, business insurance, letter from accountant etc. we registered a new company because of within 90 days condition.

Please guide if more or less

[Lola22]

Kamz,

Did your solicitor told you to register another company? You don't need to, all u need to do is to start trading and get showing prove of payment and also make sure that all other document are in ukba requirement.

Generally, u don't need to show prove if payment for your initial application but you must show it in your application because of your case history as it will help your application.

Good luck.

[kamz]

Right Lola but our previous company had dormant status n was registered at residential address that's why we registered a new company at trading address...should we continue previous one ...one more thing we did not show any payments in last application so now transactions should b in business account or personal acc is fine..!

Kind regards

[Lola22]

Yeah, I know that the previous company has dormant status. Okay, you can go ahead with the new company. Your company can be registered at the home address expect if there are any restriction due to type of business and you do not need to show prove of payment for your initial application but with the look of things some of the caseworkers do not have enough knowledge.

In your own case, it is good as you now have a office space you have paid for and you should show contract and prove of payment to get your visa. This payment should be made into the company account.

[Olasunkanmi]

@ Lola, all your advice are wonderful as kamz need to show they are serious about their business by trading before submitting new application.

@ Kamz, its better to do business transactions through business account rather than through personal account. Just keep all the records and you guys can transfer some money from personal account to your business account and use it for business expenditures, but try to also leave 50k in the personal account as caseworkers just don't want to see less than the 50k.

It is also better to use business address if you can as caseworker sometimes use this as an excuse for refusing applications.

[Lola22]

Thank you so much for your opinion Olasunkanmi.[/i]