Investements made more than 12m and no result yet

[zamaha]

Hi dear members
I made my initial application switch from graduate En to En visa in Aug 2016. Still I have not heard anything from HO.
I made all the money invested in my company in May 2016 as the director loan and sent the required docs. And after that start to spent that money on business expenses.
Now, my question is if my application get refusal, can I still use my previouse investment as it will be in 24 months before my new application date or not? As it will be my 2nd application (God forbid )
Thanks

[marcnath]

Hi dear members
I made my initial application switch from graduate En to En visa in Aug 2016. Still I have not heard anything from HO.
I made all the money invested in my company in May 2016 as the director loan and sent the required docs. And after that start to spent that money on business expenses.
Now, my question is if my application get refusal, can I still use my previouse investment as it will be in 24 months before my new application date or not? As it will be my 2nd application (God forbid )
Thanks

If you have a refusal, it is because :
1. CW makes a mistake - you have the AR option
2. You made a mistake in the application - you should send corrective documents as soon as you. Worst case, you reapply.
3. You do not qualify for the points or you failed the genuine entrepreneur test

You should have a reasonably good idea of where you stand. Which of these do you think will apply to you if you are refused ?

To you question, a new application will be treated as a fresh application and everything assessed in the same manner as your current application is. Your current application should have no impact (in theory) on that decision making unless it was refused due to general grounds such as deception.

[zamaha]

Hi dear members
I made my initial application switch from graduate En to En visa in Aug 2016. Still I have not heard anything from HO.
I made all the money invested in my company in May 2016 as the director loan and sent the required docs. And after that start to spent that money on business expenses.
Now, my question is if my application get refusal, can I still use my previouse investment as it will be in 24 months before my new application date or not? As it will be my 2nd application (God forbid )
Thanks

If you have a refusal, it is because :
1. CW makes a mistake - you have the AR option
2. You made a mistake in the application - you should send corrective documents as soon as you. Worst case, you reapply.
3. You do not qualify for the points or you failed the genuine entrepreneur test

You should have a reasonably good idea of where you stand. Which of these do you think will apply to you if you are refused ?

To you question, a new application will be treated as a fresh application and everything assessed in the same manner as your current application is. Your current application should have no impact (in theory) on that decision making unless it was refused due to general grounds such as deception.

Thanks for your reply.
I have sent all the requirements correctly as I checked in this forum. The only problem is my lawyer made a mistake in filling the application form and instead of filling the sections related to money already invested as DL, he filled the section the money is available for fresh investment and tick the box that money is in the Personal account for 90 days!!
I wanted to fill the new one but he insisted that it will make it worse and now almost a year passed.
This is the only reason I can see.
If God forbid it happens, can I use the same investment for new application?
Do you think as well sending new form, makes it more complicated?

[marcnath]

Thanks for your reply.
I have sent all the requirements correctly as I checked in this forum. The only problem is my lawyer made a mistake in filling the application form and instead of filling the sections related to money already invested as DL, he filled the section the money is available for fresh investment and tick the box that money is in the Personal account for 90 days!!
I wanted to fill the new one but he insisted that it will make it worse and now almost a year passed.
This is the only reason I can see.
If God forbid it happens, can I use the same investment for new application?
Do you think as well sending new form, makes it more complicated?

Always a bad idea to start a new thread. I can see you had provided all that information before and you now had to repeat it.

I see that you also had an interview. And if this was an issue, they would have raised it.

As Zimba had mentioned in the previous thread - you should get the points as per the documents. Your only problem is that the evidence does not match your application.

I think your lawyer is wrong in saying it will make things worse.

If I were in your place, I would send just that one page of the application form in with a cover letter explaining why I am sending it. And the real reason I would do that is not because I think it is needed. But just in case it is refused due to that, I would have at least some basis for an AR. Remember, during AR they can't take any additional documents. But there is just a chance (no guarantee) that they will take into account documents already with them but not considered.

[zimba]

It is 24 months in your case. If you read Immigration rules Appendix A, under 41(b):

41(b) If the applicant has invested the money referred to in Table 4 in the UK before the date of the application, points will be awarded for funds available as if the applicant had not yet invested the funds, providing:

(i) The investment was made no more than 12 months (or 24 months if the applicant was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application;

[zamaha]

Thank you both for your reply.
I know dear Zimba. So, if first app get refusal, it doesn't affect the 24 months? Isn't it? Hope the decision doesn't take that long

[zimba]

It does. A fresh application means that the investment must have been done within 24 months of the fresh application.

[zamaha]

Thanks.