Entrepreneur Team Refusal - Funds in Business Account

[Prex1986]

Application made - 20 January 2014
Refusal date - 18 February 2014
Team application - PSW to Tier 1 Entrepreneur

My team member got right to appeal and I haven't.

I shall make a fresh application before my current visa expires on 23 March 2014.

My team member has filed an appeal and I am going to do a new application.

Please suggest should we move funds from business account to joint personal account or I apply with the same documents as in my initial application.

I understand it is better to show funds in personal joint account with my team member. But would it be ok for my team member to continue with appeal when funds are moved from business account to our joint account.

Should my team member withdraw his appeal and we both make a new application?

We both are contractors in banking sector and have a strong application otherwise.

Please suggest.

[Olasunkanmi]

@ Prex1986, what is the actual refusal reason as stated on the refusal letter? Did you guys submitted CAR which shows that you are both director of the business at the time of the application? Did you also claim invested funds or available funds?

[cpmlkhan]

This is what we called bad luck. If the rejection was only about money into the business account then you supposed to provide right paper work for money invested etc. Now Preferable to transfer money into your joint personal account which you guys supposed to have before.
I would also suggest both of you put fresh application together with the money into personal account. It would not be any problem if rest of the documents are up to date.

BEST OF LUCK

[Prex1986]

ii) For money held in the UK only, a recent personal bank or building society statement from each UK financial institution holding the funds, which confirms the amount of money available. Each statement must satisfy the following requirements:
(1) the statements must be original documents and not copies;
(2) the bank or building society holding the money must be based in the UK and regulated by the Financial Conduct
Authority (FCA) and the Prudential Regulation Authority (PRA);
(3) the money must be in cash in the account, not Individual Savings Accounts or assets such as stocks and shares;
(4) the account must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party;

The point (4) was Bold in the refusal letter.

We also submitted CAR and claimed money as available funds.

[Olasunkanmi]

@ Prex1986,

(4) the account must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party;
The point (4) was Bold in the refusal letter.
We also submitted CAR and claimed money as available funds.

If this is the only refusal reason, then the caseworker made a mistake in deciding your application because applicants can show money in business account as long as they are director of the business and signatory to the business account.

Paragraph 245DB subsection F (iii)(2)
(1) in his own possession,
(2) in the financial accounts of a UK incorporated business of which he is the director, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41-SD(b) of Appendix A;

The caseworker were making mistake in interpreting the issue of business account and in Oct 2013, HO made some clarification in the changes to the immigration rules which state as follows;

The amendment to immigration rules of Oct 2013, makes changes to Tier 1 Entrepreneur in section 7.11, page 88 as follows;

7.11. The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or otherwise be involved in the running of a business in the UK. The following minor changes are being made to this category:

• A change is also being made to ‘’clarify’’ that funding can be made available to an
applicant’s business, rather than directly in the applicant’s own name, providing there
is evidence to link the applicant sufficiently to that business.

If you guys have the time and energy you can appeal the decision and you are very likely to win your case If you don't want to go through the stress, then transferring the funds to a joint account and submitting a fresh application might be another option.

[cpmlkhan]

Got it. Though he made a mistake, If you want to challenge it bear in your mind takes ages for appeals process mate. Best for you guys just transfer money into your joint current account and reapply.

[Ash009]

Thanks for your informative replies Olasunkanmi and cpmlKhan.

I'm Prex's entrepreneurial team member. As you guys suggested we are also leaning towards filing a fresh application, but have a few questions on it:

1. Because my visa has expired and I have been given the right of appeal, do I also have the right to submit a fresh application (my refusal letter doesn't explicitly give/deny this right)? I have already filed an appeal at the moment so that I don't overstay, but will I need to withdraw the appeal and file the fresh application the same day? Don't know how the timing works.

2. Because the HO has retained all my documents, how will I justify the missing documents in the fresh application? Through a standard template cover letter stating that the documents are already with them?

3. I know the new application will have high chances of approval as we were already awarded 20 points in the other appendices. But if, in case, this fresh application gets rejected will I have the right to appeal?

These are the only points due to which I am skeptical of filing the fresh application. Our solicitor said that there are high chances of reconsideration before the appeal, but we don't know how far this is true.

Thanks for all your help and support guys!

[cpmlkhan]

Hello Ash,

1. Because my visa has expired and I have been given the right of appeal, do I also have the right to submit a fresh application (my refusal letter doesn't explicitly give/deny this right)? I have already filed an appeal at the moment so that I don't overstay, but will I need to withdraw the appeal and file the fresh application the same day? Don't know how the timing works.

Answer: If your visa expired they do not say on docs that submit a fresh application unless your leave to remain is still valid. But we have done this. When you put new application in you need to withdraw your appeal.

2. Because the HO has retained all my documents, how will I justify the missing documents in the fresh application? Through a standard template cover letter stating that the documents are already with them?

Answer: There are some option available on application form that "where your documents held etc" in option just tick with HO. yes you also need a covering letter from your solicitor which states about the docs & clarify your situation.

3. I know the new application will have high chances of approval as we were already awarded 20 points in the other appendices. But if, in case, this fresh application gets rejected will I have the right to appeal?

Answer: No you do not get any appeal rights except JD.


Bear in your mind whenever you reapply. Get your documents done professionally.

BEST OF LUCK

[Ash009]

Hello Ash,

1. Because my visa has expired and I have been given the right of appeal, do I also have the right to submit a fresh application (my refusal letter doesn't explicitly give/deny this right)? I have already filed an appeal at the moment so that I don't overstay, but will I need to withdraw the appeal and file the fresh application the same day? Don't know how the timing works.

Answer: If your visa expired they do not say on docs that submit a fresh application unless your leave to remain is still valid. But we have done this. When you put new application in you need to withdraw your appeal.

2. Because the HO has retained all my documents, how will I justify the missing documents in the fresh application? Through a standard template cover letter stating that the documents are already with them?

Answer: There are some option available on application form that "where your documents held etc" in option just tick with HO. yes you also need a covering letter from your solicitor which states about the docs & clarify your situation.

3. I know the new application will have high chances of approval as we were already awarded 20 points in the other appendices. But if, in case, this fresh application gets rejected will I have the right to appeal?

Answer: No you do not get any appeal rights except JD.


Bear in your mind whenever you reapply. Get your documents done professionally.

BEST OF LUCK

Thanks cpmlkhan!

As you stated in your previous reply that appeals can take a long time, the same would be the case with JD. Therefore, if my fresh application gets refused for some reason I would get stuck for long and would end up spending a lot on solicitors in the JD process. Wouldn't sending a reconsideration request be a better idea in this case? And if the reconsideration is not accepted, I could pursue the existing appeal. Prex can submit a fresh application meanwhile still showing the funds in the business account but with a cover letter this time highlighting the relevant changes in the immigration rules as quoted by Olasukanmi?

[cpmlkhan]

Hello Ash,
Reconsideration in Entrepreneur is a joke unless you are lucky enough. Secondly there is no 100% guaranty that you will get visa when reapplied but worth to try when your appeals are dismissed. They can not give their any decision to prex until your case decided. They will put his case on hold. Because money is accessible to both of you not individual so better both of you follow the same track.

[Prex1986]

Thanks everyone for your replies!

When we do a fresh application, is it ok if we just transfer the money from our Business A/c to Personal A/c. This would show on statement that the funds are coming from our business.

Or is it better to transfer 25K + 25K to our respective personal A/c and then transfer to our Joint personal A/c. This would show on our statement that the funds are coming in from our personal A/c to the Joint A/c.

If we choose the 1st option i.e. Business A/c to Joint A/c. Do we need an Accountant Letter to justify the reasons for transfer of funds?

Also, my team member's visa was expired before the date of refusal hence, he filed an appeal. Now, if he withdraw his appeal and make a fresh application, would he be eligible to work until he gets the visa?

Is it mandatory to make to fresh application within 28 days from his refusal letter?

Please reply.

[Prex1986]

Thanks everyone for your replies!

When we do a fresh application, is it ok if we just transfer the money from our Business A/c to Personal A/c. This would show on statement that the funds are coming from our business.

Or is it better to transfer 25K + 25K to our respective personal A/c and then transfer to our Joint personal A/c. This would show on our statement that the funds are coming in from our personal A/c to the Joint A/c.

If we choose the 1st option i.e. Business A/c to Joint A/c. Do we need an Accountant Letter to justify the reasons for transfer of funds?

Also, my team member's visa was expired before the date of refusal hence, he filed an appeal. Now, if he withdraw his appeal and make a fresh application, would he be eligible to work until he gets the visa?

Is it mandatory to make to fresh application within 28 days from his refusal letter?

Please reply.

Please suggest it is urgent!