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Need Advise Hearing in January

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

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sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Need Advise Hearing in January

Post by sad.1 » Fri Oct 18, 2013 9:57 pm

i have got refused on 5 reasons.

1- sponsor contact details email and phone.
2- bank letter didnt mention my name.
3- company house report was not submitted.
i have submitted welcome pack and certificate of company registration.
4-contact details for the client whome i am providing services.
5- (business consultant) they cannot found this title in their work list.

i have got enquiry in march to submit the new declaration new statement shows £50,000 is available, contact details of sponsor and contact details of client. they havent asked about job title and company house report.

i got refusal after 1 month of submission of all the documents they have asked for.
as mention the refusal reasons above i need some advise currently my contract due to long wait of getting my visa its terminated but i have got another contract now and working on it havent received any payment yet from them but chances to get some by next month. i am not actually giving all my effort in the business yet bcoz i am still confused.
i just need the advise what should i do? shall i register my company with HMRC before going in to court for appeal hearing ?
should i take the business bank statement to show that i am currently in business? (if payment is been made by next month)

i need the best advise so i can cope my self in court and get the winning news :)

please experts your kind advises really matter for me.
thanks

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

Re: Need Advise Hearing in January

Post by Olasunkanmi » Sat Oct 19, 2013 5:02 pm

@ sad.1, did you mean that caseworker requested for 3 of the details given in refusal and then stated those same reasons with your refusal after you submitted the required documents?
The key to success is knowledge and hardwork, and to have faith.

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Re: Need Advise Hearing in January

Post by sad.1 » Sat Oct 19, 2013 11:18 pm

Olasunkanmi wrote:@ sad.1, did you mean that caseworker requested for 3 of the details given in refusal and then stated those same reasons with your refusal after you submitted the required documents?
hi Olasunkanmi yes i have submitted all these details about landline and email of my sponsor and my client and all other documents they requested but they havent requested from me CURRENT REPORT in first request and didnt mention even in enquiry that my job title is not listed in their work format or something.
so after i submitted all the details updated declaration bank statement fresh with balance on and contact details of client and sponsor then i received the refusal after submitting all the documents.

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

Re: Need Advise Hearing in January

Post by Olasunkanmi » Sun Oct 20, 2013 3:15 pm

@ sad.1, If you are going for appeal, then you can argue your case base on ''Evidential flexibility'' as the caseworker fail to request for all necessary documents required to make their decision.

But you might find it difficult defending the issue of job title as Business consultants is not directly on the UKBA list but; SOC code 2423 - Management consultants and business analysts is similar to your job title, therefore its left for you and your lawyer to see how you can proof this in front of the judge.

Also current appointment report (CAR) is part of the documents you should have submitted with your application and not submitting it is also something you and your lawyer should find an argument for. But make sure you are a director of the business and take copy of CAR with you to the appeal tribunal.

Finally, trading activities is very crucial in your case as in majority of other cases and if you are already trading then also take all the evidence to the appeal tribunal.

I wish you the best of luck in your appeal.
The key to success is knowledge and hardwork, and to have faith.

HarjSingh
Newly Registered
Posts: 9
Joined: Sun Oct 13, 2013 12:26 pm
Location: London

Post by HarjSingh » Mon Oct 21, 2013 1:10 pm

Hi Sad
Can you please post when did you appealed and how soon did you get the hearing date...this will help us to guage the waiting time for appeal.

Thanks

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Mon Oct 21, 2013 1:51 pm

You were refused because the whole information was not on the same document which is not a good reason to refuse you. Don't try to defend yourself alone in court on this matter and at this time. Look for a good solicitor and as fast as possible.

Good luck.

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Re: Need Advise Hearing in January

Post by sad.1 » Mon Oct 21, 2013 7:30 pm

I have checked the job title in soc code the business consultant is available in 2423. And I have checked it and printed it out from website too which I am going to take it in court with me...I have printed the company house report which will show I am the director of company. I have my lawyer who actually applied for me and I have appealed it in May 2012 and I get the date after long time like 7 8 months later.

top
Member
Posts: 158
Joined: Sun Jul 07, 2013 1:24 pm
Location: Manchester

Post by top » Mon Oct 21, 2013 7:48 pm

in addition to above you are supposed to have provided services more than once to your clients through the Job or the position you claim you working at in your company before the hearing is one and only way you can satisfy a court in the court.
what happens normally SOC is recognizable through the nature of services to clients not your services to your company it is otherwise classed as administrating a business and that is the only reason why they objected.

hope you understand above before me..

thanks...

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Post by sad.1 » Tue Oct 22, 2013 8:41 am

yes i am providing services to another client at the moment but havent got payment yet.....i will get it by the end of this month and i ll keep the statement of my business bank with me....the contract i provided when i applied now due to change of circumstances that contract is terminated when i got my refusal it doesnt explained on letter that the services i am providing is not matching my job title they only mention is your job title is not able to found in level 4 or above. if they have mentioned it in that the services i am providing is not matching. well i need your advise please my lawyer is really waste of time.
top wrote:in addition to above you are supposed to have provided services more than once to your clients through the Job or the position you claim you working at in your company before the hearing is one and only way you can satisfy a court in the court.
what happens normally SOC is recognizable through the nature of services to clients not your services to your company it is otherwise classed as administrating a business and that is the only reason why they objected.

hope you understand above before me..

thanks...

top
Member
Posts: 158
Joined: Sun Jul 07, 2013 1:24 pm
Location: Manchester

Post by top » Tue Oct 22, 2013 11:32 am

lets forget about what they wrote in decision for a min please,
let me have answers to these simple questions
what services does your business provide?
the contract you provided at the time of application and had you provided services under that contract before or at the time of your visa application?
termination date of 1st contract and the refusal date? which contract you provided at the time of appeal 1st or the latest?

clearly when you provide information about your case you write irrelevant things I find them destructive please write answers(in few words) to above questions will enable me to help you right ways
thanks

sad.1
Member
Posts: 233
Joined: Tue Mar 19, 2013 11:56 pm

Post by sad.1 » Tue Oct 22, 2013 9:29 pm

my business privide services of marketing the business and work out on their strategies. when i provided the contract i have showed that i got the contract but havent started giving any services to them.
the contract i provided on the time of application that contract recently got terminated while i was waiting for my appeal to be heard.
in the mean while i got new contract. currently working on it. but havent received no payment yet.,
the first contract i provided when home office enquire me for further more documents they asked me to show them the proof of payments which was not been made to me yet from client.
so i got a letter from clietn which mentions that he is waiting for his visa to approve so he can start giving me services. this was on clients letter head.
plus i remember i was going to provide him marketing services.

lets forget about what they wrote in decision for a min please,
let me have answers to these simple questions
what services does your business provide?
the contract you provided at the time of application and had you provided services under that contract before or at the time of your visa application?
termination date of 1st contract and the refusal date? which contract you provided at the time of appeal 1st or the latest?

clearly when you provide information about your case you write irrelevant things I find them destructive please write answers(in few words) to above questions will enable me to help you right ways
thanks[/quote]

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