T1 switching from T1 GE refused, Need advice please

[Zaktier1]

Dear Members
Please, i need your advice about my situation. I have a one year T1 graduate entrepreneur visa will expire on 17th Feb 2017.
I applied for T1 entrepreneur visa initial application based on 50K own funds on 30th of Nov but i have transferred these fund to my company business account according to a director loan agreement. My application was refused on the 24th of Jan based on considering two conditions:
1) the funds were already invested and the case worker said that i didn't supply the current appointment report and the unaudited account.
2) The case worker said if we consider your funds is still available, it will also being refused because it will considered as third party funds and the business bank statement didn't include the applicant name and the legal confirmation of the third party declaration didn't verify third party signature.

I have prepared 4 pages comment for the administrative review to show that in the first situation the money cannot be considered as "invested" because the guidance defines the invested term as the money "spent" on the business. and in the second reason, i still eligible for evidential flexibility as the specific document contains missing information.

My questions:
1) Do you advice me to go for administrative review?
2) if i ll go for new application i have a problem; my criminal conviction certificate from my country is expired on the 27th of Jan 2017.

Sorry for the long story
I appreciate your help.

Regards

[zimba]

-If you are claiming investment points, you must send DL agreement, unaudited company accounts as required and the business bank statements showing money came from you.
-If you are claiming that the money is simply available to you to invest, then you must have kept it for 90 days in your personal account or else you need legal declaration from bank/third parties as given per rules, clearly covered in the official guide.

If you failed to follow any of the above, then I do not see what is the basis for your AR. Also given that you still have valid leave, there is no section 3C to cover you when your leave runs out. It seems you do not know what you are doing. Have you read the Tier 1E guide and the rules to see exactly what you must send for this switch ??

I suggest a fresh application where you provide the required documents strictly as required in the guide: https://www.gov.uk/government/publicati ... trepreneur
If you read the guide once, you realise that you do NOT need overseas criminal report for switching in the UK

[Zaktier1]

Dear zimba88
Thank you for your reply...
I am claiming funds available in my business bank account transferred from my personal account according to a director loan agreement and i provided business bank account statement, personal statement showing the transfer of the funds, third party declaration and legal confirmation. They said that the bank statement didn't meet the requirements because it doesn't contain the applicant name. How can i include my name in the company business account statement??
I included the criminal conviction certificate as i understood it is required. now from your reply i doubled checked and saw it is only for entry clearance.
Please, could you tell me why i am not covered by section 3C. If i apply for AR tomorrow and my current leave is still valid, and if the AR refused i still in the 28 days after my current leave and can apply again.
Regarding the new application, HO didn't return my company original documents.
I appreciate your help...

Regards

[zimba]

I am claiming funds available in my business bank account transferred from my personal account according to a director loan agreement and i provided business bank account statement, personal statement showing the transfer of the funds, third party declaration and legal confirmation. They said that the bank statement didn't meet the requirements because it doesn't contain the applicant name. How can i include my name in the company business account statement??

Please read the guide and realise that makes no sense. Either you claim money is already INVESTED or you claim YOU HAVE ACCESS TO MONEY to invest.
If the money is not in your personal bank account, you need legal declaration from bank to say that money is available to you. Again, read the guide please (item 118)

This is LITERALLY in the guide:

Please note: Bank statements can only be provided as evidence if the funds are held in your personal bank account. If the funds are held in a business bank account, including a business of which you are a director, you are unable to supply bank statements as evidence. If the funds are coming from another business to the one being invested in , yo u must provide the evidence for third party funding.

Please, could you tell me why i am not covered by section 3C. If i apply for AR tomorrow and my current leave is still valid, and if the AR refused i still in the 28 days after my current leave and can apply again.

You currently have a valid leave so no Section 3C. Section 3C ONLY kicks in if your leave expires when your visa application is pending.
If your current leave expires, you become an overstayer. Since last November, the 28 days rule is reduced to 14 days only !!

Regarding the new application, HO didn't return my company original documents.

They will be retuned if you choose not to apply for AR

[Zaktier1]

I am claiming funds available in my business bank account transferred from my personal account according to a director loan agreement and i provided business bank account statement, personal statement showing the transfer of the funds, third party declaration and legal confirmation. They said that the bank statement didn't meet the requirements because it doesn't contain the applicant name. How can i include my name in the company business account statement??

Please read the guide and realise that makes no sense. Either you claim money is already INVESTED or you claim YOU HAVE ACCESS TO MONEY to invest.
If the money is not in your personal bank account, you need legal declaration from bank to say that money is available to you. Again, read the guide please (item 118)

This is LITERALLY in the guide:

Please note: Bank statements can only be provided as evidence if the funds are held in your personal bank account. If the funds are held in a business bank account, including a business of which you are a director, you are unable to supply bank statements as evidence. If the funds are coming from another business to the one being invested in , yo u must provide the evidence for third party funding.

Please, could you tell me why i am not covered by section 3C. If i apply for AR tomorrow and my current leave is still valid, and if the AR refused i still in the 28 days after my current leave and can apply again.

You currently have a valid leave so no Section 3C. Section 3C ONLY kicks in if your leave expires when your visa application is pending.
If your current leave expires, you become an overstayer. Since last November, the 28 days rule is reduced to 14 days only !!

Regarding the new application, HO didn't return my company original documents.

They will be retuned if you choose not to apply for AR

zimba88 Thank you for your reply....
This means that i had submitted the wrong papers. I thought that the business bank statement is the same as the letter from financial institute.
So for now if i ll go for new application, what is the best to claim? that the money already invested or available in the business account?
And if i apply before the end of my current leave expire, i will be covered under 3C section and will not lose my rights to work?

[zimba]

So for now if i ll go for new application, what is the best to claim? that the money already invested or available in the business account?

As long as you have all the required documents like accounts. DL agreement, etc as per guide. PLEASE READ THE GUIDE

And if i apply before the end of my current leave expire, i will be covered under 3C section and will not lose my rights to work?

Yes

[Zaktier1]

Thank you zimba88 for your reply
Really i read it but my big fault was the transfer of the fund to the business bank account. Now i don't trust my knowledge. Please, do you know any one experienced can help me prepare the supporting documents and fill the application, even if i need to pay for it. My solicitor is not experienced and most of the time i told him the updates. The guidance is confusing for my situation when the funds is in the business bank account.
I am sorry for many questions, and i appreciate your help, i ve read many post and you are the angel of help in most of them.

[zimba]

You seem to have no knowledge of the Tier 1E route and have been advised poorly by your inept solicitor.
If you got the funds from a third party, you can move the funds back to your own personal account. Then you also must get the third party legal declaration as explained in the guide as the money was not kept in your account for min of 90 days. That will be the easiest solution given your time limit.
I still suggest you to READ the guide several times to make sure you have a very good understanding of what is going on !

[zamaha]

You seem to have no knowledge of the Tier 1E route and have been advised poorly by your inept solicitor.
If you got the funds from a third party, you can move the funds back to your own personal account. Then you also must get the third party legal declaration as explained in the guide as the money was not kept in your account for min of 90 days. That will be the easiest solution given your time limit.
I still suggest you to READ the guide several times to make sure you have a very good understanding of what is going on !

Dear Zimba
What about claiming points for the money already have been invested? The money has been transferred to business acc.
So, simply draw a director loan agreement and prepare a management account.
Then send the related documents to show invested in UK business?

[zamaha]

You seem to have no knowledge of the Tier 1E route and have been advised poorly by your inept solicitor.
If you got the funds from a third party, you can move the funds back to your own personal account. Then you also must get the third party legal declaration as explained in the guide as the money was not kept in your account for min of 90 days. That will be the easiest solution given your time limit.
I still suggest you to READ the guide several times to make sure you have a very good understanding of what is going on !

Dear Zimba
What about claiming points for the money already have been invested? The money has been transferred to business acc.
So, simply draw a director loan agreement and prepare a management account.
Then send the related documents to show invested in UK business?

[zamaha]

Dear Members
Please, i need your advice about my situation. I have a one year T1 graduate entrepreneur visa will expire on 17th Feb 2017.
I applied for T1 entrepreneur visa initial application based on 50K own funds on 30th of Nov but i have transferred these fund to my company business account according to a director loan agreement. My application was refused on the 24th of Jan based on considering two conditions:
1) the funds were already invested and the case worker said that i didn't supply the current appointment report and the unaudited account.
2) The case worker said if we consider your funds is still available, it will also being refused because it will considered as third party funds and the business bank statement didn't include the applicant name and the legal confirmation of the third party declaration didn't verify third party signature.

I have prepared 4 pages comment for the administrative review to show that in the first situation the money cannot be considered as "invested" because the guidance defines the invested term as the money "spent" on the business. and in the second reason, i still eligible for evidential flexibility as the specific document contains missing information.

My questions:
1) Do you advice me to go for administrative review?
2) if i ll go for new application i have a problem; my criminal conviction certificate from my country is expired on the 27th of Jan 2017.

Sorry for the long story
I appreciate your help.

Regards

Dear Zaktier
I have a question as I am switching from gent to ent but still waiting for the result. Have you claimed points for the money available to you or the money has been invested in your application form?
And had you provided the letter from the bank that you are the signatory of this besiness account or not? As they said your name it is not on the bank statement.
Thanks

[Zaktier1]

You seem to have no knowledge of the Tier 1E route and have been advised poorly by your inept solicitor.
If you got the funds from a third party, you can move the funds back to your own personal account. Then you also must get the third party legal declaration as explained in the guide as the money was not kept in your account for min of 90 days. That will be the easiest solution given your time limit.
I still suggest you to READ the guide several times to make sure you have a very good understanding of what is going on !

Dear zimba88
I am relying on my own funds. I think i ll apply as the money already invested. I am preparing the following:
1) Director loan agreement
2) Non-audited account
3) Current appointment letter
4) bank letter confirming my name as the authorized signatory with the least balance in the last 90 days.
5) Personal statement showing money transferred to the business account.
This what i understand from the guidance, Am i right?
The only problem is the original documents of the company like the director loan agreement are still with HO, i called them today and they confirmed that it takes time to be returned and they said to submit the new application and saying in the cover letter that the original documents are still with HO.
Do you think they will accept that? or you advise me for alternative.
I am so sorry for the loads of questions
Thanks again for your help

[Zaktier1]

Dear Members
Please, i need your advice about my situation. I have a one year T1 graduate entrepreneur visa will expire on 17th Feb 2017.
I applied for T1 entrepreneur visa initial application based on 50K own funds on 30th of Nov but i have transferred these fund to my company business account according to a director loan agreement. My application was refused on the 24th of Jan based on considering two conditions:
1) the funds were already invested and the case worker said that i didn't supply the current appointment report and the unaudited account.
2) The case worker said if we consider your funds is still available, it will also being refused because it will considered as third party funds and the business bank statement didn't include the applicant name and the legal confirmation of the third party declaration didn't verify third party signature.

I have prepared 4 pages comment for the administrative review to show that in the first situation the money cannot be considered as "invested" because the guidance defines the invested term as the money "spent" on the business. and in the second reason, i still eligible for evidential flexibility as the specific document contains missing information.

My questions:
1) Do you advice me to go for administrative review?
2) if i ll go for new application i have a problem; my criminal conviction certificate from my country is expired on the 27th of Jan 2017.

Sorry for the long story
I appreciate your help.

Regards

Dear Zaktier
I have a question as I am switching from gent to ent but still waiting for the result. Have you claimed points for the money available to you or the money has been invested in your application form?
And had you provided the letter from the bank that you are the signatory of this besiness account or not? As they said your name it is not on the bank statement.
Thanks

Hi Zamaha
I claimed the money available in the business account, which is not right. because if it is in the business account it is considered as invested. No i didn't provide this letter from the bank. it is my fault

[zimba]

If you manage to gather all the required documents as required by the rules on time.
Your accounts MUST be prepared as explained here: http://www.immigrationboards.com/uk-tie ... 08860.html
You do not need a letter from a bank just rely on business bank statements.

[Zaktier1]

If you manage to gather all the required documents as required by the rules on time.
Your accounts MUST be prepared as explained here: http://www.immigrationboards.com/uk-tie ... 08860.html
You do not need a letter from a bank just rely on business bank statements.

Dear Zimba88
Thank you for your reply.... My accountant prepared two nonaudited accounts one from 24/3/2016-31/3/2016, and the other one from 1/4/2016-31/12/2016. In the last application i provided director loan of 50K only which was transferred to my business account. But now in the accounts there are cash of 50K in the business as director loan and nearly 2K spent from my personal account on the business. The accountant did both as director loan.
My question is do i need to change the DL agreement to include 52K? or keep the first one and prepare another one for the other 2K? or include only the first one with the evidence of transfer from personal to business?
Thank you for your help.

Regards,

[samaygrg]

My question is do i need to change the DL agreement to include 52K? or keep the first one and prepare another one for the other 2K? or include only the first one with the evidence of transfer from personal to business?
Thank you for your help.

Regards,

I guess, it is better to stay in 50K as you spent 2K from personal account because caseworker might seek transfer details in straightaway case and can give your case a little dull look.

However, It doesn't mean though, your 2K is just vanished. Talk to your account, he can put that in Director Current Account. Once that is amended in the account and all sent to HMRC, CH, then you can pay it back.

[zimba]

Any money you put in is director's loan but the agreement could be for 50K only, I suggest that you match the agreement with your accounts value