Refusal Letter received today - Any tips/advice?

[mr9740]

Received my Refusal letter today.

Reason for refusal:

The evidence that you have submitted in relation to personal registration with a trade's body linked to your occupation is not acceptable.

The reason for this is that you have stated that your job title on the application form as that of Financial consultant but have not given a Standard occupational code or evidence of registration with the Financial Conduct Authority. To practise as a Financial Consultant, it is legal requirement to be registered with the FCA.

I had submitted the Standard occupational code as 3534 - not sure why UKBA think I haven't mentioned this. I wasn't aware until now that Financial Consultants/Analyst have to register themselves with the FCA to practise. None of my fellow practitioners have registered with the FCA. If the UKBA want my business to be registered with the FCA, on what basis would they register the business when I have my visa application pending with the UKBA?

I have been given a right to appeal.

Can the members of the board provide any advice/tips on the grounds I can file my appeal please? Any help would be appreciated, thank you.

Edit: I am registered with The Chartered Insurance Institute UK, if it is of any help.

I submitted my visa application in January 2013.

Kind Regards,

R

[mr9740]

A snippet from the FCA's website:

"Not all individuals that work for a regulated firm or their agents need to be approved by us. Bank clerks, call-centre staff, general insurance advisers, mortgage advisers and others are unlikely to be on the Financial Services Register.

However, people not on the Financial Services Register must still work for a regulated firm or an agent of a regulated firm if they want to do most types of investment, insurance and mortgage business.

If an individual claims to be approved or from a firm that is authorised by us or registered, but they do not appear on the Financial Services Register or their contact details are missing, you should call our Consumer Helpline."

[top]

the one you wrote in the middle answers your question

However, people not on the Financial Services Register must still work for a regulated firm or an agent of a regulated firm if they want to do most types of investment, insurance and mortgage business.

you run your own company that needed to be registered with FCA if you yourself were not !!

[mr9740]

top, thank you for posting your reply.

I, as a sole Director of my own company, provide consultation services to a financial institution regulated by the FCA.

My question still stands - How could have I registered my business with the FCA when I was due to submit my visa application to the UKBA at the time?

[mr9740]

Another snippet from the FCA website:

Only certain types of firms may be registered with us rather than authorised, including some payment services providers under the Payment Services Regulations 2009, and e-money institutions under the Electronic Money Regulations 2011.

Other types of firms that can be registered with us include mutual societies like credit unions, friendly societies, cooperative societies, working men's clubs and building societies. You can see and search the Mutuals Register.

A firm may also be registered with us under the Money Laundering Regulations 2007 and will then appear on our Register as ‘Registered (AML only)'.

There is nothing on the site to indicate that a firm must be registered/authorised with the FCA to provide consultation/advise to clients - as long as they (the client) are regulated by the FCA (my understanding).

Please point me in the correct direction if I'm wrong, thank you.

[top]

Dear Mr9740,

this is something you needed to figure out before the application as Border agency takes no responsibility for anything as this..

one of possible things well I would do if in same situation, apply for FCA approval or registration if possible(this would show you being a genuine) and try to get a contract with any FCA approved or registered company where they let you use their registration until you get yours sorted. it would not bring any impact to your directorship to your company it would be considered an internal agreement where a company exchanges services to other company as a part of doing business.
when being questioned why you did not do at the 1st place I(you) would answer because I do not know If I needed one as soon as I realized I got one...

[top]

Dear Mr9740,

this is something you needed to figure out before the application as Border agency takes no responsibility for anything as this..

one of possible things well I would do if in same situation, apply for FCA approval or registration if possible(this would show you being a genuine) and try to get a contract with any FCA approved or registered company where they let you use their registration until you get yours sorted. it would not bring any impact to your directorship to your company it would be considered an internal agreement where a company exchanges services to other company as a part of doing business.
when being questioned why you did not do at the 1st place I(you) would answer because I do not know If I needed one as soon as I realized I got one...