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Applicant Name on Business Contract - Case law

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

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H a Khan
Newly Registered
Posts: 4
Joined: Mon Nov 18, 2013 2:36 pm
Location: London

Applicant Name on Business Contract - Case law

Post by H a Khan » Mon Nov 18, 2013 2:46 pm

Hi
I applied for tier 1 Entrepreneur visa and it got refused on the ground that the business contract provided did not had my name on it.

The situation is that i became a director of a limited company which was registered in 2009 and at that time it was owned by someone else. The company signed a business service contract in 2009 with a well known company in UK and the then director signed the business agreement.

I registered myself as director in 2013 and this is not possible that i could have signed the business agreement in 2009.

I also provided along with my application three years of corporation tax (submitted account) showing that company has been paying corporation/income tax for last three years and a covering letter from the accountant that the company is active and trading since 2009.

I also submitted a (recent) bank statement showing weekly payments from the company/client to which my company provides service.
I also submitted along with the application the VAT registration doc and HMRC letter, tenancy doc and other advertizement material.

The only objection put in the refusal is that the business agreement does not have the applicant name on it.

any ideas how to go about this.
Last edited by H a Khan on Wed Nov 20, 2013 4:23 pm, edited 1 time in total.

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

Re: Name on Business Contract

Post by Olasunkanmi » Mon Nov 18, 2013 7:04 pm

@ H a Khan, are u investing 50k in this existing company?
Also did the contract have the company name or the previous director name on it?
The key to success is knowledge and hardwork, and to have faith.

H a Khan
Newly Registered
Posts: 4
Joined: Mon Nov 18, 2013 2:36 pm
Location: London

Post by H a Khan » Tue Nov 19, 2013 9:42 pm

Yes the director at that time signed the contract i.e. 2009. At present that person is no more the director of my company.

- This agreement is between the limited companies and not between individual i.e. the parties to the contract are Ltd companies.
- It has the signatures of previous director at the end of the contract (on behalf of the **** Ltd). also signed by the director of other company
- I joined in 2013 and that contract is dated 2009..
-I have applied for 50 K Visa

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

Post by Olasunkanmi » Tue Nov 19, 2013 10:39 pm

@ H a Khan, if you have appeal right, then go for it as you have a high chance of winning the appeal.
The key to success is knowledge and hardwork, and to have faith.

H a Khan
Newly Registered
Posts: 4
Joined: Mon Nov 18, 2013 2:36 pm
Location: London

Post by H a Khan » Wed Nov 20, 2013 3:10 pm

Yes i do have the right to appeal.

I am also sending a letter to Home office to review their decision. I have tried to point their attention to the law of evidential flexibility and that If the case worker had looked at the other docs (VAT,Company tax & company bank statement showing payments from clients and wages) submitted with the application he could have easily established the trade activity.

However for the appeal i am searching for some case laws which would support my appeal. If i can find any case laws it will be great.

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