Need help!! I'm appealing but shall I also prepare new app/n

[Iceonfire]

Hi experts,

I've submitted my Tier1 application (PSW £50k) in December 2013, got refusal letter on 10/2/14 and submitted appeal a week later, I got my notice of hearing letter 2 days ago confirming my hearing is on 2 May. I've got an appeal lawyer helping with the appeal. But I'm just very concerned that what if I don't win the appeal. then I will only have 28 days to prepare for a new application. I asked a few solicitors and they think that's not enough time, usually if I need their help to prepare for a new application I need 2 to 3 months. Is that really the case?? cos if I need to start now, I will have to pay another £3000 to the lawyer!

Also can anyone tell me whether they think I have a big chance of winning the appeal?
the reasons of refusal are:

1. I'm applying as a director of an existing business (my company has been established for more than 3 years and are trading at the moment, our two co-founders got tier-1 visa about 2 years ago, they are the first batch), so all my 50k has been invested in the company account already. However I didn't provide an audited business account or an accountant's certificate. It was completed forgotten (didn't seek for legal help at initial application). So HO rejected for that reason. Now my company has contacted an accountant to audit for our account and we are planning to submit this document in the appeal bundle.

2. HO said the contract I provided was my employment contract not an external contract with business partners. This is THEIR FAULT! They completely ignored another contract I provided which was with a partner we worked with, my employment contract was just an extra supporting document for my application. However now I think about it, the external contract I provided didn't have my name or info on it so I'm not sure if it's strong enough.

[Olasunkanmi]

@ Iceonfire, why will you need to pay a lawyer £3000 for documents you already had in your first application? You really need to read the immigration rules and policy guidance very well if you want to avoid any further mistake.

My advice is that you should avoid paying any lawyer for your fresh application and also prepare very well for your appeal and then decide if you should submit a fresh application if the appeal is unfavourable.

You should also start preparing for your 90days maintenace funds from now, then in about 1 month to your appeal hearing, start requesting for all necessary documents for your fresh application and from my experience, you should get all necessary documents within 2-3 weeks with as little as £200 or even less. The only document that could cost much will be the unaudited account if you dont already have an accountant, but if you guys have an accountant already that should be his job to get you a temporary unaudited or management account.

Your refusal point is very easily defendable but it depend on what you claim in your application form. Did you transfer your own £50,000 investment cash directly into the business from your own personal account or how did you claim the investment?

[Iceonfire]

Thank you Olasunkanmi! So do you think there's a great chance that I can win the appeal? Yeh, company has already got an accountant to do the audited account. And I've always got enough money for the 90 day maintenance fund in my personal saving account so that's not a problem, I receive bank statement every month so that shouldn't be a problem. Yes I put all £50 k from my personal bank account (money transferred from my parents long time ago) to the company business account, the money I've invested become shares, and then I was appointed as a director of the company, also I submitted my shareholder certificate with my original application. So how can you tell if my appeal is favourable or unfavourable? and how much is the chance that when HO review my appeal they will turn over their original decision so that I don't even need to go to the hearing?

[Olasunkanmi]

@ Iceonfire, check page 22 of 53 in the tier 1 entrepreneur policy guidance and you will see what you missed in your initial application.

"Audited or unaudited accounts must clearly show the investment in money made directly by you, in your own name, or on your behalf and showing your name. You should indicate where this is shown on your evidence. If you have invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in your name as it appears on your application. If the value of your share capital is not shown in the accounts, then share certifcates should be submitted in addition to the accounts as documentary evidence."

You should go for the appeal and hope for your luck but better to prepare for a fresh application if the appeal is not favourable.