Tier 1 refused(200k)for simple reason !!!urgent help needed

[Anharamesh1]

Hi There,
I have applied for Tier entreprenur visa on Oct 2016 for my new company and got rejected in Dec 2016. Applied for AR in Dec 2016 and waiting for the results.
UKVI rejected my visa and the reason was I didnt meet first 75 points, which is not true.They reasons were, I failed to submit

1)•the third party letter from the financial institution with the HO 's format( which the banks doesnt provide,because of their policy){ But I submitted the thirdparty letter from the bank , not exactly the same format according to HO, but confirming that Mr. X has 250,000£ Balance in his account from last 90 days.
• the letter from legal representative but without applicant's (mine)signature.
• the letter from the third party(My business partner, Co-Director)but without applicant's (mine)signature.
2)• I failed to maintain money in my personal account for my self and for my wife,( my only 1 dependent) ( which is not true, because I had £1500 in my account and my wife had £4000 in her account for more than 90 days, but they were saying that I needed the money for both of us in my account itself which is 945+ 610 for 90 days)
The only point I scored was for English proficiency , because I completedd my masters in UK.

After refusal, we applied for AR and we are waiting for the decision.

Now, we have transferred 200£ from my business partner's(UK citizen) to the business account on 05/01/2017 and got a letter from the Bank Manager saying that XYZ company acct has 200k£ balance and Mr Y (me) and MrX ( co-director, third party) have the access to the accounts .
My Questions are :
1; Is there any chance to win AR( because 3 points for refusal was not true and the bank letter was submitted but not was on the HO' s format)
2; If AR gets rejected, then what might be the better option? Fresh Application or JR?
3; If AR gets rejected , then will our section 3c ends?
4; If our section 3c ends, then do I need to apply for premium service for the new application?
5; will all these issues affect our 10 years( ILR) legal stay route, which is in 2018 Dec?
6; If AR gets rejected, Am I allowed to work?
Let me include my time line::
2009 Jan - 2011 June = Tier 4 student
2011 June- 2013 June= Tier 1 PSW
2013 July - 19 2016 Aug= Tier 2 General
2014= wife came to UK as tier 2 dependent
April 2016-= Company tier 2 license suspended
17 Aug 2016= Tier 2 extension applied
19 Aug 2016= Tier 2 expired
2016 Aug 26= Tier 2 company license revoked
10 Oct 2016-= Tier 1 variation of application made
4 Dec 2016 = Tier 1 application rejected
9 Dec 2016= AR applied
Waiting for AR decision now...
My Questions are :
1;Is there any chance to win AR( because 3 points for refusal was not true and the bank letter was submitted but not was on the HO' s format)
2; If AR gets rejected, then what might be the better option? Fresh Application or JR?
3; If AR gets rejected , then will our section 3c ends?
4; If our section 3c ends, then do I need to apply for premium service for the new application?
5; will all these issues affect our 10 years( ILR) legal stay route, which is in 2018 Dec?
6; If AR gets rejected, Am I allowed to work?
Please help with your valuable suggestions
Thanks In Advance
Ramesh

[mcr2013]

Some expert will answer all ur questions. I understand u applied tier 1 in very rush situation n vary ur application that's y u could not get the exact format but matter of the fact is almost 80% tier 1 entrepreneur inital application refusal was on the format of bank letter n signature problem. It was almost impossible to get exact format from the bank required by HO. Although wish u best of luck some senior member will read ur situation soon n give u some positive advise.

[CR001]

but confirming that Mr. X has 250,000£ Balance in his account from last 90 days.

Was this in your personal account only?

we have transferred 200£ from my business partner's(UK citizen) to the business account on 05/01/2017

Is this the same £200k that you had for 90 days or a different £200k?

Access to £200,000 investment funds
You can apply for a Tier 1 (Entrepreneur) if you have access to £200,000 in investment funds and you can prove that the money is either:

- your own
- made available to you by other people (‘third parties’), such as a spouse,partner or investor in a joint account with your spouse or partner but only if they aren’t applying for a Tier 1 (Entrepreneur) visa
The funds must be held in the UK if you’re applying for leave to remain.

[zimba]

1;Is there any chance to win AR( because 3 points for refusal was not true and the bank letter was submitted but not was on the HO' s format)

-The format and information of letter is important. The documents must be exactly as the rules require it. Alternative evidence is not accepted. Who was the third party in your case ???
-The maintenance funds for you must be in your account but the maintenance fund for dependants can be either in yours or in their own accounts as per rules in Appendix E (this is in addition to the 200K required for investment) So if what you are saying is true, they made a mistake there.

2; If AR gets rejected, then what might be the better option? Fresh Application or JR?

Fresh application, it does not look that what HO decided was illegal, so JR is useless.

3; If AR gets rejected , then will our section 3c ends?

Two days after the AR is served

4; If our section 3c ends, then do I need to apply for premium service for the new application?

No, premium service is not available for Tier 1E visas.
You get 14 days to apply for a fresh postal application.

5; will all these issues affect our 10 years( ILR) legal stay route, which is in 2018 Dec?

Not if you apply for a fresh application within 14 days after your AR refusal (if you had section 3C)

6; If AR gets rejected, Am I allowed to work?

Given your situation, you were not allowed to work since August 2016 when the license was revoked.

[Anharamesh1]

Thank you so much for your prompt reply CR001 and Zimba 88. My previous Tier 2 employer was my Third Party who had 200k. £ and he was the other director for my new businesss.
When we made the first application, my third party had 200k£ in his other company account.So, now he has two company ABC and XYZ.ABC's license got rejected im August 2016.XYZ is my new company.I was an employee in ABC .
The 200k£ maintanence was in ABC company's where my other director Mr.X(third party) was the sole director. But now we have transferred the 200k£ from ABC company account to my new XYZ company account in January 2016, and got a letter from Bank Manager saying that we have 200k £ balane is available for both Mr. X ( 3rd party, other director ) And Mr Y (me).
My Question is
1; if the AR is refused and we are going for a new application, then now we can now produce the letter from bank as per the HO's format and is there any chance to win?( that was the main point for refusal)
2; They also mentioned that , I havent signed in the letter from my third party and legal representative, that was the another reason for refusal.Is it required?
Kindly pls help with your suggestions
Thank you
Kind Regards
Ramesh

[zimba]

You clearly made a mess. You should have moved the 200K to your personal account and simply got a 3rd party declaration from Mr.X(third party), which made it easer by not requiring the bank letter !!

1; if the AR is refused and we are going for a new application, then now we can now produce the letter from bank as per the HO's format and is there any chance to win?( that was the main point for refusal)

The legal declaration from the bank must be prepared as required in the guide because the money in your business bank account

2; They also mentioned that , I havent signed in the letter from my third party and legal representative, that was the another reason for refusal.Is it required?

Yes, this is clear in the guide but as usual on this forum, you failed to read it !

[Anharamesh1]

Thank you Zimba88 for you valuable comments. Yes, now we have made the legal declaration from the bank and I will sign in both third party letter and legal representative's letter, if AR refuse. Then , may be these documents will help for my new Tier 1 application. I will update my status.
Thank you
Kind Regards
Ramesh

[Anharamesh1]

Thank you so much mcr2013..

[mcr2013]

better u get exact formate word by word from some successful applicant who got visa recently that would help u a lot rather than u get letter again from bank n make small mistakes n put urself in more trouble wish n pray for ur best and positive response ahead

[Anharamesh1]

Our Admin review result also came today and it is negetive. Now we need to make a fresh application Tier1. Now money been transferred to my Business account. Could anyone advice the exact documents to be submitted? Also We are looking for a PhD program as well. Will it be possible to do a variation of application while the new Tier1 application is under processing? Please advice

[zimba]

Our Admin review result also came today and it is negetive. Now we need to make a fresh application Tier1. Now money been transferred to my Business account. Could anyone advice the exact documents to be submitted? Also We are looking for a PhD program as well. Will it be possible to do a variation of application while the new Tier1 application is under processing? Please advice

Follow the guide and submit the evidence as required as you have only 14 days and it seems you have no valid leave at the moment.
I don't know if you could vary it later to something else during the process

[Anharamesh1]

Thank you Zimba88 for your reply.I have a doubt while submiting the documents
1. Do I still need to submit letter from a legal
Representative with my signature on it, because we have already transffered the 200k to our business bank account.?
2.I have enough money (945+630)on my personal bank account for the maintenance,Do I still need to include my wife's bank statements?
3. Do I and my partner (third party/co-director) stil need to sign on the legal declaration letter from the bank as witness,because last time they refusedmy application for these silly reasons??
Because my solicitor was saying I dont have to include a legal representative's letter and my wife's bank statements.So I need a second opinion.
Please Can any one advise on my query
Thank you
Ramesh

[zimba]

1. Do I still need to submit letter from a legal
Representative with my signature on it, because we have already transffered the 200k to our business bank account.?

A letter from a financial institution (guide item 115) unless you are trying to claim investment points directly which then you must provide accounts, DL agreement, etc

2.I have enough money (945+630)on my personal bank account for the maintenance,Do I still need to include my wife's bank statements?

No

3. Do I and my partner (third party/co-director) stil need to sign on the legal declaration letter from the bank as witness,because last time they refusedmy application for these silly reasons??

If it applies to you and your team member (guide items 119 onwards)

[Anharamesh1]

We have done our Biometrics on 11th Feb. 2017 and was waiting for our result. 200k was showing in our Business bank account. But reveived a letter from bank dated 25 th feb that they are closing our bank business account and need to move out the money asap. Dont know the reason! Is it because they are suspesious of UKBA's enquiry? In that case will my visa get rejected?

[suvalike]

We have done our Biometrics on 11th Feb. 2017 and was waiting for our result. 200k was showing in our Business bank account. But reveived a letter from bank dated 25 th feb that they are closing our bank business account and need to move out the money asap. Dont know the reason! Is it because they are suspesious of UKBA's enquiry? In that case will my visa get rejected?

Thats strange ....May be because you do not have visa and home office let the bank now...now a days they are cancelling the driving licence and closing bank accounts...

Did you get the answer for the variation of the application (For PHD) while its under process for the 2nd time...??

[Anharamesh1]

We never applied for PhD. We did apply for tier1 with third party funding, got rejection, submitted Admin review, rejected, Applied again for tier1 with 200k in business account now, submitted biometrics and now waiting. Got the letter from Bank now about the account closure.

[zimba]

We never applied for PhD. We did apply for tier1 with third party funding, got rejection, submitted Admin review, rejected, Applied again for tier1 with 200k in business account now, submitted biometrics and now waiting. Got the letter from Bank now about the account closure.

As I said above on your previous rejection, you MUST get a letter a letter from the bank if you want to keep the money in the business bank account. If you have not that letter and your bank is closing your accounts, you have no chance of getting a visa.

[Anharamesh1]

Thank you Zimba88 for your prompt reply.. Yes,We got a detailed letter from the Bank Manager.But this letter regarding our account closure was from the Bank's Head Office.They were saying that we have to make arrangements before next month.In this case,What will be the best option ?What might be the reason for Account closure? And what we can do next?I been living in Uk from the last 9 years legally without any gap.

[Anharamesh1]

I mean we got a detailed letter from the bank manager when we applied for our 2nd tier 1 application .

[zimba]

The reason for bank account closure could be anything, you need to talk to your bank manager.
Your situation is now quite tricky as you've already applied. I suggest to try and open a new bank account if you can and get the bank letter again. Then send it to HO with a covering letter explaining the situation.