FTT appeal allowed but UT went in HO favour ... Need help

[dezerthawk]

Hi guys, Aoa.

I applied with my team mate for tier 1 ent.. In jan 2013. We were refused by HO on genuine ent test. I won the appeal in FTT but UT said FTT judge erred the law by considering new evidence.
And UT judge set aside the FTT verdict.

Now i have to apply fresh application. I have few questions regarding that.

Can i apply using the same company or i need to register new company under my name? Cuz HO say company has to be registered in 3 months time before you apply. I am confused regarding to that.

I had two contracts under the previous company and both have been completed and money received in the business acc. And i also made investments from business acc as well.

So now my question is can we use tht investment for new application or not. I still have access to 50k... And itz in our personal joint account and it been there for more than a year now.

Please help me out, i will be really grateful to you guys.

[Olasunkanmi]

@ dezerthawk,

Can i apply using the same company or i need to register new company under my name? Cuz HO say company has to be registered in 3 months time before you apply. I am confused regarding to that.

Yes, you can use the old company, but you will have to get recent CAR from companies house showing that you are still a director of the business.

I had two contracts under the previous company and both have been completed and money received in the business acc. And i also made investments from business acc as well.
So now my question is can we use tht investment for new application or not. I still have access to 50k... And itz in our personal joint account and it been there for more than a year now.

Best option is to use the available funds of 50k in your joint account. Combining available funds and invested funds usually need complicated documentation which can be avoided if you just show access to 50k funds.

[dezerthawk]

Thanks a lot Olasunkanmi...

Really appreciate your help. One more question ... Can i show both 50k funds.... And as supporting document investment too?


And any other suggestion would be welcome too. I am really fed up with HO.

I hope this time I get the visa and all the others who are facing the same turmoil as me.

Thanks to all those ppl who are helping on this group.

May we all get the visa.

Tc

[rehan01]

Yes you can use same company but get recent CAR from companies house ..... i will not recommend you to add any supporting documents to show investment because you have access to £50K in your personal account and that is enough. ....... its better to keep things straight to avoid unnecessary confusion.

regards

Thanks a lot Olasunkanmi...

Really appreciate your help. One more question ... Can i show both 50k funds.... And as supporting document investment too?


And any other suggestion would be welcome too. I am really fed up with HO.

I hope this time I get the visa and all the others who are facing the same turmoil as me.

Thanks to all those ppl who are helping on this group.

May we all get the visa.

Tc

[Fazer_1985]

@ Rehan, Thanks for you rep mate.

I have consulted with my lawyer and he is saying we should mentioned everything because my previous refusal raised question regarding investment. I changed my lawyer after UT decision because at some places i felt my lawyer made mistakes and I was not satisfied with his advice.

My new lawyer is seems okay and this time I am doing everything in my power, I am getting my accounts sorted out by a accountant and a lot of supporting documents.

Can you also tell me about 28 days ... since when they start?
i m pasting my other post here "In my upper tribunal appeal judge said HO is right and gave two options to my lawyer, 1) withdraw appeal and apply fresh application or 2) he will go with his decision .

My barrister withdraw the appeal and now I am applying as fresh application.
The question I have is "since when my 28 days start for new application ? from the date of UT appeal or after receiving the letter from Upper Tribunal ? Currently I am counting days from UT appeal because I havent received any letter from upper tribunal yet".

My Upper tribunal appeal was on 02-May-2014. "

[rehan01]

As per my understanding it will be from thr date of UT determination but be on safe side and count as u doing which is UT hearing .

Regards

@ Rehan, Thanks for you rep mate.

I have consulted with my lawyer and he is saying we should mentioned everything because my previous refusal raised question regarding investment. I changed my lawyer after UT decision because at some places i felt my lawyer made mistakes and I was not satisfied with his advice.

My new lawyer is seems okay and this time I am doing everything in my power, I am getting my accounts sorted out by a accountant and a lot of supporting documents.

Can you also tell me about 28 days ... since when they start?
i m pasting my other post here "In my upper tribunal appeal judge said HO is right and gave two options to my lawyer, 1) withdraw appeal and apply fresh application or 2) he will go with his decision .

My barrister withdraw the appeal and now I am applying as fresh application.
The question I have is "since when my 28 days start for new application ? from the date of UT appeal or after receiving the letter from Upper Tribunal ? Currently I am counting days from UT appeal because I havent received any letter from upper tribunal yet".

My Upper tribunal appeal was on 02-May-2014. "