VISA Refused What chances do I have ... ?

[marketing786]

Time Line
Applied oct 2013
phone interview feb 2014
in person interview feb 2014
refusal april 2014
Invested route 50k in business account UK

1) I have no issue that you have access to 50k but you did not submit any business plan and market research.
2) In interview you have stated that you will be setting up a website but I searched on internet no website available.
3) You have not provided any evidence that you have experience in web designing.
4) your contract shows that you will charge 125£ per hour on as and when required basis but does not show how many hours per month you will work for them. I am not satisfied with such a contract.
5) You did not submit any market research I am not satisfied.
6) You stated in your interview that because you do such and such services gives you competitive edge over competitors I am not satisfied that you have so.
7) Your 6 live adverts I am not satisfied as per my knowledge you should advertise in marketing publications and again not provided any market rsearch.
you have not used you PSW visa properly you should have grown your business in two years thats why I am not satisfied with the available evidence.
245dd(k) Visa refused with right of appeal. All above points are refusal for the sake of refusal because in invested route business plan and market research are not mandatory. I requested my interview sheet 4 times after the interview through emails and phones no reply. We did not answer the way he is predicting in his own way.
Important point at the end it says Temporary Migrant Team.

[rehan01]

Time Line
Applied oct 2013
phone interview feb 2014
in person interview feb 2014
refusal april 2014
Invested route 50k in business account UK

1) I have no issue that you have access to 50k but you did not submit any business plan and market research.

Ans: Business plan and market research wasn't necessary was it? but its good to have one ready now so it might be helpful in appeal and you can always argue that you had it but it wasn't mandatory so u didn't submit with initial application but you can include in your appeal bundle.


2) In interview you have stated that you will be setting up a website but I searched on internet no website available.

Ans: is ur business website is setup or not yet ? (all depends what you answer) but if its setup than you can always include website printout in appeal bundle.

3) You have not provided any evidence that you have experience in web designing.
Ans: dont you have degree in relevant field? or previous experience of working in same field?


4) your contract shows that you will charge 125£ per hour on as and when required basis but does not show how many hours per month you will work for them. I am not satisfied with such a contract.

Ans: again arguable that contract is between you and client and number of hours you will work is decided weekly monthly basis or as and when required.

5) You did not submit any market research I am not satisfied.
Ans: market research can be included in business plan but its good to have 2 pages of separate market research.

6) You stated in your interview that because you do such and such services gives you competitive edge over competitors I am not satisfied that you have so.
Ans: again you can argue about the services you provide and how it will give you edge at the end its ur words against his.

7) Your 6 live adverts I am not satisfied as per my knowledge you should advertise in marketing publications and again not provided any market rsearch.

Ans: This can be easily defended by providing the copies of adverts in your appeal bundle.

you have not used you PSW visa properly you should have grown your business in two years thats why I am not satisfied with the available evidence.

Ans: that's a tricky one as you probably know better wht u did during the course of psw and what relevant experience or knowledge you have to support your business.


245dd(k) Visa refused with right of appeal. All above points are refusal for the sake of refusal because in invested route business plan and market research are not mandatory. I requested my interview sheet 4 times after the interview through emails and phones no reply. We did not answer the way he is predicting in his own way.

regarding interview notes its very very hard to get them, you will be lucky if you receive them in appeal bundle as I never received mine and my solicitor requested twice but HO never sent and also I have requested SAR and it was not even included in it but a good barrister can convince judge very easily that if a important document on which HO is relying on refusing the application is not included than it shouldn't be considered as that what my barrister did and judge accepted it and gave HO barrister 10 minutes to get the copies of interview notes and told him if you cant get the notes in 10 minutes I will not consider them and will decide the appeal without it and in determination Judge wrote that she doubt that interview notes was ever made.

hope this is of some help

regards

Important point at the end it says Temporary Migrant Team.

[marketing786]

Thanks Rehan

As stated Our business in not web designing its marketing consultancy which gives website advice but if a customer asks for it we give them the advice and sub contract to web designer because if we do SEO, PPC or google adwords we need the website login details.

its good if we have the details already..

There is no where is policy guidance that how we should spend our time on PSW visa and requirement is to register the company 90 days before the application so how come he can refuse that why you arnt doing business for last two years.

We said we are in negotiations with the clients he needs his website to be done we gave him first already that what he paid for us in our account.

Contract already says as and when required basis..

I just a barrister today today he said I will train you to answer but was charging 4500 GBP to me and my partner 2200 each so I was thinking as you stated If I have to answer all these arguments why shouldnt I go something quite reasonable..

I do agree with your arguments thanks for your help..

[rehan01]

Where abts u based? And 4500 sound way roo much and believe me solicitors will not answer jack shit for u as u will be questioned abt business and credibility of funds etc and u will have to answer it and its better if u do as thisbisbur business and funds and solicitors is just there to help and argue abt the law not to answer about ur business, previous experience or funds credibility.


Regards

Thanks Rehan

As stated Our business in not web designing its marketing consultancy which gives website advice but if a customer asks for it we give them the advice and sub contract to web designer because if we do SEO, PPC or google adwords we need the website login details.

its good if we have the details already..

There is no where is policy guidance that how we should spend our time on PSW visa and requirement is to register the company 90 days before the application so how come he can refuse that why you arnt doing business for last two years.

We said we are in negotiations with the clients he needs his website to be done we gave him first already that what he paid for us in our account.

Contract already says as and when required basis..

I just a barrister today today he said I will train you to answer but was charging 4500 GBP to me and my partner 2200 each so I was thinking as you stated If I have to answer all these arguments why shouldnt I go something quite reasonable..

I do agree with your arguments thanks for your help..

[marketing786]

Thanks Rehan I am based in London

[marketing786]

My application time line is as follows:
applied sep 2013
interview feb 2014
refused aug 2014
FTT november 2014
still waiting for decision

In my refusal case worker wrote a big remarks letter on our genuinity checked every of our record from HMRC companies house immigration history previous courses we registered in.

In court HO representative accepted her self that if thats the case then appeal should be sent for reconcideration.

The interviewer made a remark on our interview sheet that we used deception becaiuse after one inetrview the other candidate went to the toilet and he might have used phone about questions asked. I dont have a proof but i think they used deception.

when HO representative told that to judge the judge just grilled HO person saying that if you work for border agency doesnt allow you to accuse come ones personality when you cannot prove.

In our refusal case worker raised a point that business plan, market research missing, experiance letters missing, poor knowledge of understanding, marketing not good,

where our answer was that there were two routes investment and invested in invested route requirements are different and did produce management account contract copy business statement shows that the money came in from client which shows business in running form. we dont see a need to send a business plan and market reserach and experiance letters for such business which is already securing contract although if it was investment route we should have. But if case worker was in such a need to see our plans could have asked us to send so. Our barrister showed them policy guidence for case worker that the cae worker was compled to ask for documents if needed (Note: this doesnt cover cases applied after oct 2013).

At one more point case worker said that we did MBA and doing business in marketing and HO representative made the point that marketing and MBA are two different things. Judge informed HO person that there is no MBA completed in the world without studying marketing. HO showed my transcript that id doesnt say marketing where I told her transcript showing my 6 modules not subjects. I have studied three marketing subject in module strategic management. My dissertation was in marketing.

In marketing question I replied that i am a small business worth 50,000 where case worker suggesting me to market my business in marketing publications which i dont see as ROI. Only one advert in a well known magazine will cost me thousands. Case worker suggesting me things which are not fisible.

The judge allowed me to talk on every single point and it took me 2.5hrs to explain everything because case worker raised 245dd.

HO asked me questions about market research and business plan marketing strategy different contracts and then said thats it. She told the judge that they are very well prepared now because they came in for appeal but were not prepared at the time of application.

Appeal someup HO representative asked judge to dismiss appeal where earlier her self accepted that it should go fo re concideration.
our barrister: Appeal should be allowed.

Decision still waiting.


What do you think....?