Tier 1 Ent ext refused (caseworker error) Applied for AR

[wonder17]

Hello everyone !

My timeline as a sole trader
Extension applied on 23rd may 2016
Interviewed - 24th Aug
Visa refused on - 18th Jan 2017
Admin Rev applied - 19th Jan

Reason for Refusal - " This evidence is not sufficient because the unaudited accounts that you have provided do not show the investment of at least £50,000 in YOUR NAME as specified at paragraph 46-sd (b)(1) of the immigration rules".
As a result you have demonstrated that you have invested no money into the business.

After 8 months of wait, I have got refusal that my name is not on the accounts. BUT my name is clearly shows on the accounts. my accountant specially mentioned my name - Under CAPTIAL INTRODUCE.
He also mentioned there I am a sole proprietor. Moreover it was mentioned clearly in the cover letter as well that accounts confirms the capital introduced by the applicant on so and so page (with my name on the accounts)
I can't understand how come case worker can miss to see my names on all the accounts?
Or I am missing something ?

What you guy's views on this ?
thanks very much to read all this!

[zimba]

The rules are specific. Covering letter has no value. Your name should show up in the accounts note section opposite the DL amount

See: http://www.immigrationboards.com/uk-tie ... 08860.html

[zamaha]

Sorry to hear that. Waiting so long and refused on the wrong basis. Could u plz tell if you contact your MP about your case?

[Mrchaany]

It should show up in the notes in the accounts, something like
Unsecured Director's Loan from Mr XYZ 200,000
Is your accounts shows above section

[wonder17]

thanks for your Reponses

zimba I think you haven't read properly what I mentioned in my post. I mentioned that my name is there in the accounts. and what is DL means for a sole trader?
Cover letter just explains on what page on the accounts its mentioned (my name). Just to make case worker job easier.

@ business2business - Yes. its shows up in the notes of financial statement of account.

[wonder17]

@zamaha - i did contact my Mp in November to speed up the process but i don't think that made any difference.

[Mrchaany]

If so it is the precise error of CW Team

[zimba]

zimba I think you haven't read properly what I mentioned in my post. I mentioned that my name is there in the accounts. and what is DL means for a sole trader?
Cover letter just explains on what page on the accounts its mentioned (my name). Just to make case worker job easier.

It is similar for sole traders. If your accounts notes shows your name then it means that CW made a mistake and AR should come back positive.

[wonder17]

Thanks . I thought so.

[wonder17]

Hi everyone

Home office accepted that they made a mistake and overturn the decision. But refused my application again for another strange reason. This time reason for refusal is:

I mention in my initial application that my third party funding is from my father in India, but some of the money came from my mother in law direct into my account (from India)
"So it is noted that you did not provide any third party documents with your initial application to indicate that you are using third party funds from mrs xxz (mother in law). It is therefore unclear where these payments have come from and whether they are an investment into my business as you have claimed".

So that means we only can rely on the third party we mentioned in our initial application and can't use any other third party funding if not mentioned in initial application ? But i can't see or read anywhere if that's the case. I think we can use any third party funding.
I request seniors to advice please !

[zimba]

What do you mean ANY third party ?? If it does not matter who the party party is, what would be the point of a third party letter ??
Clearly you cannot use any money you like from a third party unless they gave you explicit permission to do so with a letter.

[wonder17]

Hi Zimba

sorry I think there is bit confusion.
My mother in law helped me in business. Around £10,000 came from her which I used. She transferred direct into my account. But home office said the only third party funding I mentioned in my initial application was from my father. so they saying its unclear where this money has come from and whether it is investment.
So do I need to clear In admin review that she is my mother in law and helped me in business?
Hope I have cleared it

[mohsensari]

Dear zimba,
If some one has multiple source of money but didn't use the that source which he/she submit for initial.
is there any problem?
is there any rules?

[mohsensari]

Hi Zimba

sorry I think there is bit confusion.
My mother in law helped me in business. Around £10,000 came from her which I used. She transferred direct into my account. But home office said the only third party funding I mentioned in my initial application was from my father. so they saying its unclear where this money has come from and whether it is investment.
So do I need to clear In admin review that she is my mother in law and helped me in business?
Hope I have cleared it

I think if you show that she helping you it means that it is not your investment and you cannot claim for investment.
My question is how did you show that money came from your mother in low?
was it in interview ? or you submit personal bank statement (normally not required by HO)?
do you have business account or you use personal account?

[wonder17]

Exact wording from Refusal letter is :

There are two highlighted payments into your business accounts of £7200 & £4100 on this and this dates. These payments are form mrs xyz. It is noted that you did not provide any third party documents with your initial application in 2013 to indicate that you are using third party funds form mrs xyz. It is therefore unclear where these payments have come form and whether they are an investment into your business as you have claimed.
As a result, we are not satisfied that you have invested not less than £50000 into your business.

[wonder17]

Hi Zimba

sorry I think there is bit confusion.
My mother in law helped me in business. Around £10,000 came from her which I used. She transferred direct into my account. But home office said the only third party funding I mentioned in my initial application was from my father. so they saying its unclear where this money has come from and whether it is investment.
So do I need to clear In admin review that she is my mother in law and helped me in business?
Hope I have cleared it

I think if you show that she helping you it means that it is not your investment and you cannot claim for investment.
My question is how did you show that money came from your mother in low?
was it in interview ? or you submit personal bank statement (normally not required by HO)?
do you have business account or you use personal account?

Hi
she is my another third party funding source. As I mentioned payments transferred direct to my business account.

[mohsensari]

means you have business account and your mother in low send money to your business account. is it right?
my question why you submit your bank statement (it just required with DL)?
are HO requested as more document in interview?

[wonder17]

right.
sorry what interview ?

[mohsensari]

did you have any interview?
per policy guidance it is not mandatory to send business bank account except for director loan (zimba correct me if I am wrong).
Have you send your business bank account?
I want to clear that how HO find out this money com from your mother in low?

[wonder17]

Yes I did attend an interview.
and I sent business account statements to show my transactions and investments for all 3 years.

[mohsensari]

you must transfer to your personal account first and then transfer to your business account or transfer from some one sign third party declaration form in initial leave. you can't show any relation whit this payments and your investment. (but I think it just apply for company not sole trader).

In other view any money come to your personal account is your money. ( even business account under sole trader name still is personal account). logically nobody can invest in sole trade business except you.
Get good solicitor I think you can argue this matter.

[zimba]

Because you have family members who are happy to help, does not mean that their money injection it will be accepted by HO.
Had your mother in law given you the money instead in your personal account, you could have personally injected this in the company and claimed it as your own. You cannot claim ANY person as a third party in your business unless you show the evidence for it with a THIRD PARTY LETTER.

[mohsensari]

Dear zimba
Can he argue as hi is sole trader and HO should consider the account report not business bank account?

[wonder17]

Because you have family members who are happy to help, does not mean that their money injection it will be accepted by HO.
Had your mother in law given you the money instead in your personal account, you could have personally injected this in the company and claimed it as your own. You cannot claim ANY person as a third party in your business unless you show the evidence for it with a THIRD PARTY LETTER.

My father & mother in law made all the transfers into my business account. But home office accepted all the payment into my business account from my father.
I am sole trader and all the money have come from India into my business account.
I can't see any rule says third party can't transfer money into my business account. Also is there any rule says that I can't depend on third party funding which I haven't mentioned in the initial application?

thanks

[mohsensari]

Get more advise from Zimba,
If you were company , you couldn't fix this matter.
but sole trader business !!!! I'm not sure.( you need advise)
What did your unaudited account say? does it say the money has been invest by your mother and father?