Hearing date is Next Week

[nagisons]

Hi Everyone,

I have hearing date on 24th Oct, 2013.

My Main refusal reason is:


"
You have stated that you have access to at least 50,000 to invest in business in the UK held in your own name to invest in business in the UK, as specified under provision (d) in the Erst row of Table 4 of Appendix A of the Immigration Rules.

You have provided sufficient evidence to demonstrate that you do have access to at least As you are applying under provision (d), you are required to demonstrate that you meet the following additional criteria:

(i) are applying for leave to remain, have, or were lasted granted, leave to remain Tier (Post-Study Work) Migrant,

(iii) were, on a date falling Within the three months immediately prior to the date on application,

(l) registered with HM Revenue and Customs as self-employed, or

(2) registered as a new business in which he is a director, or

(3) registered as a director of an existing business,

(iv) are engaged in business activity, other than the Work necessary to administer his business, 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, and provides thev speciñcd evidence in paragraph 41 -SD, "Working" in this context means that the core service his 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

You have demonstrated that you satisfy (í),(ii), and (iv) above.

However, for requirement you have not submitted a Companies House Current Appointment Sheet as evidence to demonstrate that you have registered with HM Revenue & Customs as self-employed or registered as the director of a new or existing business. »

The Companies House Incorporation Certificate that you have submitted is not sufficient evidence as it is not a specified document and does not demonstrate that you are the director of the company.

As a result of the above, you have not demonstrated that you meet the requirements of

the Rules to be awarded points under provision (d) in the ñrst rowr of Table 4 of
Appendix A.

You have submitted no evidence that you qualify for points under any of the other
provisions in the first row of Table 4 of Appendix A, for example having access to
J£200,000, and We have been unable to award points for this attribute in accordance with
Appendix A of the Immigration Rules.
"


This is the my refusal reason.

I'm doing appeal myself.

any ideas to present these thing in front of Court.
Could you Please help me in this regards.

i will appreciate your help.

Regards

[top]

I have noticed that you made up couple of posts in last couple of days where you mentioned you for some reasons could not provide the current appoint report this refusal is based up on.

talking for a fact that you remain unable to provide a required documents as you stated its company house people who did not deliver you the right document even you paid for the right document of which proof you have.

immigration law related to this refusal will technically not consider this excuse as to score the points, you needed to provide that you did not, they have been unable to deliver or delivered document was not the one was requested is between you and the company house where as provision of a document is concerned it is on you.

you need a lawyer to argue this point where you paid and company house people unable to deliver required document as they use technical language also can prove that you were a director of the company you yourself is not listed in unqualified directors list is something a lawyer can deal with, what additional benefits this facility will bring that lawyers will not let HO representative to raise more points where they feel you have short comings being alone you can not tackle with or defend the situation I think you are misled by being told to represent yourself by yourself in the court, put your future upfront not the money in worse case scenario whole 50,000 can not get you back you would have lost.

neglect it if you find it useless

thanks..

[Olasunkanmi]

@ nagisons, were u registered as a director in your company before submitting your application? If your answer is yes, then you can argue your case on evidential flexibility and explain to the judge that the caseworker should have requested for the missing document before refusing your application.

You can represent yourself if you feel you are confident enough to answer the judge questions and any questions that HO representative may ask you.

@ Top, mind you judges are human like you and they are not from planet Mars. If he feel that he can handle it himself, why not?

[nagisons]

Hi

Thanks "Olasunkanmi" and "Top".


I'm very thankful for your help.
I'm just confused about if they start asking me any other reason. Like Activity, or other questions.
i have unaudited accounts with me anyway. fully maintained accounts(50k,900).

any help will be appreciated.


thanks

[Olasunkanmi]

@ nagisons, are u not trading yet? If not, you need to start doing some trading activities in your business if your previous leave allow you to work.

Trading activities are very important as this will show you are serious about your business plans.