Tier1 enterpreuner refusal....urgent help needed

[kul_06]

looking for gurus help!!!
hi everyone, im new to this forum, i hope this forum will help me on my case
tier1 enterpreneur application through psw 50k route: personal account bank letter provided
here is my time line :
applied:22nd july 2014
bio received: 29th july
bio given: 1st august
further documents requested: 2 september 2014
refusal reveived: 13 september (dated 11th september)

its so sad that i got a refusal on the following points:
under appendix A, I have claimed 0 points, appendix B 10 points and appendix c 10 points claimed.

Reason1:
paragraph 41-SD (e)(iv)(2)list the evidence must be submitted to demonstrate that your business is actively trading.

The evidence that you have submitted in relation to your business bank account is not acceptable as the bank letter from xxxx states that you have been banking and trading since 16 July 2014. it therefore does not cover a continuous period commencing before 11 July 2014, up to no earlier than three months before the date of your application.
you have not provided any evidence that you qualify for points under any of the other provisions of table 4 of appendix A of the rules and we have therefore been unable to award points for attributes.
2.
funds held in regulated financial institution under appendix A of the immigration rules, but on the basis of the documents you have provided you do not qualify for the award of points in this area.
As explained earlier in this letter you have not demonstrated that you have access to funds as required. therefore we are unable to accurately access as you have not demonstrated that the full of funds is not held with regulated financial institution
3. same point repeated again and it is not demonstrated that the funds as required is disposable in the united kingdom.

but i got FT .. please can anyone suggest me what to do.. im really depressed and confused.

[nasirkhan]

Sorry to read about your refusal. Can you provide the list of documents you submitted. It will help us understand your case and give advice.

[kul_06]

the following are my documents:


1x/2x Applicant’s Form & Pictures
1x Applicant’s form
2x Applicant’s photograph

Official Identification documents
1x Passport (Number)
1x Biometric Residence Permit (Number)

Documents supporting Investment Funds
1x Personal Bank letter from Bank with Official Stamp

Documents supporting Business/Trading Activity (Pack 1)
2x Business Contract
1x Professional Indemnity Insurance and Public Liability Insurance documents.
1x Business Website printout
1x Business Letter Head
2x Internet Advertising Printouts
1x Business cards
1x UK Trade and Investment Registration printout
1x UK Professional Body Registration document (UKITA)
1x Business Bank Account Welcome letter.
1x Business Bank covering letter

Documents supporting Business/Trading Activity (pack 2)
1x Business Plan and Market Research

Documents supporting Maintenance Funds
1x Bank Statement from Bank with official stamp

Documents supporting English Language Ability
1x Original Degree Certificate
1x Original Transcript

Documents Showing Graduate Level Occupation
1x SOC Code Confirmation Printout

Documents Showing Company is a UK Business
1x Printout of Companies House document showing registered address
1x Business Banking Welcome Letter
1x Business Bank letter with Official Stamp
1x CT41G ‘Welcome Letter’ from HMRC

1x Original Office Rent Agreement Document

Other supporting documents
1x Certificate of Incorporation
1x Memorandum of Association (Share Capital) from Companies House

Extra Supporting Documents
1x Employee Business Card

Dependent Applications
1x Dependent Applications with
1x Passports
1x BRP
1x Marriage Certificate

[nasirkhan]

I think the case worker did not intrpret the guidance correctly. It states :

"Trading activity
You must also provide one or more of the following documents showing trading, covering (either together or individually) a continuous period commencing before 11 July 2014 up to no earlier than three months before the date of your application:
i) Contracts for service. We will accept original documents or copies, but if it is a copy you must sign each page of the contract. The contract must show each of the following:
• Your name and the name of the business;
• the service provided by your business;
• the name of the other party/parties involved in the contract and their contact details. These must include their full address including postal code, and where available a landline phone number and email address.
• The duration of the contract.
ii) One or more original letters from a UK-regulated financial institution with which you have a business bank account, on the institution’s headed paper, confirming the dates that the business was trading during the period commencing before 11 July 2014 up to no earlier than three months before the date of your application)"

If you have a contract signed before 11 July, your business was trading according to the defination in the guidance. I have a similar issue as my business account was opened after 11 July. I think you should appeal the decision. Good luck.

[Princess of Ammi]

if you had provided services before 11th July under the contract you supplied with your application, regardless of bank transaction but have invoices for the purpose you secure yourself some hope. in a general contract under payment terms payment against the provided services can be made within 30 days or refers to payment clause.

if you already provided invoices and sort of business activities relevant to supplied contract covering any period after 11th July with the application and you have not secured any space for performed activities before 11th July to fit in you should not hope much about it

[kul_06]

I have submitted two contracts which clearly shows that thay starts before 11 July , but don't know why they are particular about the date on the business bank letter which says 16 July. I can also show them an invoice from one of my contract , but not sure how far will it work out. I'm definitely going for appeal but I don't know how much winning chances I have.. I spoke to one of the solicitor and he was telling me that I made a mistake by providing the business covering letter to them.

[nasirkhan]

I have submitted two contracts which clearly shows that thay starts before 11 July , but don't know why they are particular about the date on the business bank letter which says 16 July. I can also show them an invoice from one of my contract , but not sure how far will it work out. I'm definitely going for appeal but I don't know how much winning chances I have.. I spoke to one of the solicitor and he was telling me that I made a mistake by providing the business covering letter to them.

I was thinking the same thing. Since it is clearly mentioned in the guidance about Business bank account being active from before 11 July, such a document would make your case weaker rather than stronger. But whats happened has happened. Good luck with your appeal.

[Sonye]

Could someone please explain what this means? I don't know if they mean we cannot be employed by anyone or we cannot provide a contract of service. I have just submitted my application and i am getting really worried. I will appreciate it if someone could explain this term clearly for me:
"You have been continuously engaged in business activity (which was not, or did not amount
to, activity pursuant to a contract of service – see annex A, A41) with a business other than
your own since before 11 July 2014 and up to the date of application"

[Hope145]

I have submitted two contracts which clearly shows that thay starts before 11 July , but don't know why they are particular about the date on the business bank letter which says 16 July. I can also show them an invoice from one of my contract , but not sure how far will it work out. I'm definitely going for appeal but I don't know how much winning chances I have.. I spoke to one of the solicitor and he was telling me that I made a mistake by providing the business covering letter to them.

Your list of documents looks good, a refusal is really annoying after all your hardwork.I think the date of the business account confused the case worker which may be why additional information was requested(what additional information did you provide?) There are ways to proof continuous business activity pre 11th July, business bank acct could be one of them, statement showing business activities pre-11th July.

However in your case you had adverts, contracts and invoice showing business activity pre 11th July if I am correct. This should have met the continuous activity criteria regardless of the date of the business bank account welcome letter.

The guidance says "OR" to proof continuous business activity and not "AND", therefore adverts and contracts should have been fine. Is highly likely you will win your appeal, look for good solicitor.

[kul_06]

Hello hope145,
As you said i have put so much of effort to get all the documents and my business bank letter was just an additional document, never thought my case would be decided based on the date on that letter. However I am just hoping to get things well and as you said how is it possible to get the bank statements as my account was activated from 16 july. I have not provided any invoices when I applied, but I can manage to get them now will it be helpful in my case. Also can you please suggest me if you know any good solicitors who can help me in this case, please mail me the details of the solicitor if you can, this is my mail kuladeep_kv@yahoo.co.in

[kul_06]

They requested couple of documents, which are the following:

1. Barclay's bank account letter with word signatory mentioned on it. which was missed on my first letter
2. company house current appointment 1st page.By mistake first time i sent only the pages 2,3,4.

even they requested same bank letter for my friend, we both opened same day but still he got the visa, its totally unfair. he is also opened the account on 16th july again they requested signatory word document for him as well but at the end he got the visa.

[Hope145]

They requested couple of documents, which are the following:

1. Barclay's bank account letter with word signatory mentioned on it. which was missed on my first letter
2. company house current appointment 1st page.By mistake first time i sent only the pages 2,3,4.

even they requested same bank letter for my friend, we both opened same day but still he got the visa, its totally unfair. he is also opened the account on 16th july again they requested signatory word document for him as well but at the end he got the visa.

You were just a little bit unlucky with your case worker! I sent you an email, I believe you will still get the visa in the end. Goodluck

[Hope145]

Hello hope145,
As you said i have put so much of effort to get all the documents and my business bank letter was just an additional document, never thought my case would be decided based on the date on that letter. However I am just hoping to get things well and as you said how is it possible to get the bank statements as my account was activated from 16 july. I have not provided any invoices when I applied, but I can manage to get them now will it be helpful in my case. Also can you please suggest me if you know any good solicitors who can help me in this case, please mail me the details of the solicitor if you can, this is my mail kuladeep_kv@yahoo.co.in

You can get invoice just incase, it may be classed as additional information as it wasn't provided at the time of your application and may not be accepted for appeal purposes. However I believe the information you already provided at the time of your application should be sufficient to win the appeal(my opinion)

[sudeshna]

I am really worried now after seeing this. I opened my bank account on 22nd July but my company was registered on 2nd July and has been trading since then as I was using my personal account to take payment and by cash. I submitted 3 contracts. Two were signed before 11th July and one after 11th July which I submitted with my application. Can anyone please help!

[Rockey]

Hi Kul,

YOU LOOK BIT UNLUCKY..anyway you will win your appeal . I open account in end of the July as well , still did not get reply from home office but i hope will get visa..

Can you please explain me what does business covering letter mean that you did send home office.?