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What marketing material did you provide? Most marketing materials will carry no date on them e.g posters/flyers, however if it was let's say email marketing then there will be date. HO decision can be argued depending on the marketing material submitted.liliana_03 wrote:Hello Every body:
I have applied for a Tier 1 Entrepreneur Visa on 26 July 2014 through PSW 50k route and received a refusal on 20 September (dated 15 September)
I have been awarded 0 points under Appendix A, 10 under appendix B and 10 under appendix C.
The refusal points were on 41-SD(e)(iv)list the evidence that must be submitted to demonstrate that your business is actively trading.
- "There is no evidence that any marketing material are dated before 11 July 2014..."
- "The evidence you submitted in relation to trading contracts is not acceptable. Only one contract shows activity prior to 11 July 2014 and it does not contain a clear duration for your services..."
- "You have also not provided an original letter from a UK regulated financial institution which you have a business account, confirming that the business is trading as it does not cover a continuous period commencing before 11 July 2014..."
My company has been registered on 7th July. I have not provided letter from my bank (but provided bank statements) as I sent contracts to show my business trading (1 contract before 11th July and 3 after that date).
My business account was opened on 17 July, could not open before since I had to wait 1 month for appointment with the bank.
I would greatly appreciate your comments on how to proceed, can I have a good chance if I appeal? Look forward to all your valuable advice.
Thank you
Liliana_03
What was the use of including website domain receipt dated after 11th of July, when you are trying to show business activity pre 11th of July? If you must include receipt for advertising post 11th July then HO will expect receipt pre 11th July as well, this is why they refused you on this point as you didn't include pre 11th receipt. Your best bet is to proof other advertising materials apart from the website was before 11th July.liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!
For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.
The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.
Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?
Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).
Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?
Many thanks!!!
Liliana_03
Yes you cannot add more information for your appeal except what you submitted for the initial application that HO refused. Fresh application may be better, however at this stage it is better for you to seek professional advice on whether to appeal or submit a fresh application based on your circumstances. HO keep changing the policy guidance so bear in mind that for fresh application the latest policy guidance will apply(not sure if the changes in the guidance are significant or affects you as I haven't read it but I know since you applied in July a new policy guidance was released)liliana_03 wrote:Thanks for your response Hope 145.
Yeah, I made a mistake by providing that receipt, but was the only way I found to show the ownership of my company's website.
You mean that I can´t add more information for my appeal?.
Probably submitting a fresh application woud be better as I can add all the information to show my trading before 11 July?,
but am I still entitled to submit a fresh application if my visa has expired?
Please, if you know a good solicitor, could you recommend me? email: lilianaesteban03@gmail.com.
Thank you very much for your valuable time !
Hi Liliana,liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!
For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.
The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.
Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?
Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).
Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?
Many thanks!!!
Liliana_03
Hope145 wrote:liliana_03 wrote:Hi Hope 145, Many thanks for your positive comments and good wishes, this is very encouraging!
For marketing material, I provided:
- Printout of my company web site.
- Receipt of my company domain and email, dated on 23 July.
- Business card.
- Letterhead.
- Registration on: http://www.companiesintheuk.co.uk, freeindex.co.uk, business-directory.org.uk, london.cylex-uk.co.uk.
Also, submitted my registration to a trade body but dated of incorporation on 14 July.
The contract I submitted was signed on 7 July and indicates "The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services", I completed that service on 11 July and invoice them the same day 11 July, but they could not deposit the money on my business account because it was opened on 17 July.
Yeah, HO was not convince about my trading before 11 July, but before register my company I was trading as a self employed and received some money in cash and also in my personal bank account, but then decided to register as a Director as I though would give more credibility to my business. Would it count if I show my registration as a self employed and invoices?
Thank you for your sympathy guys... My timeline:Applied:26th july 2014
Acknowledgment letter:30 july
Bio received: 05th august
Bio given: 08th august
Refusal reveived: 20 september (dated 15th september).
Aravindv: are you going to appeal? I visited some solicitors but they are not specialized in dealing with this type of visa.
Please, if anyone know a good solicitor, could you recommend me? this is my email: lilianaesteban03@gmail.com.
I also was thinking to represent myself, if anyone had an experience, do you think it is advisable?
Many thanks!!!
Liliana_03
What was the use of including website domain receipt dated after 11th of July, when you are trying to show business activity pre 11th of July? If you must include receipt for advertising post 11th July then HO will expect receipt pre 11th July as well, this is why they refused you on this point as you didn't include pre 11th receipt. Your best bet is to proof other advertising materials apart from the website was before 11th July.
You issued invoice on the 11th of July, this evidence is irrelevant to your case as it wasn't before 11th of July. On this, the contract signed before 11th of July is your fighting point, forget the invoice.
Business account was opened after 11th of July as well, which is not evidence pre 11th July business activity but can pass if other evidence proof business activity pre 11th.
The self employment bit may or may not help your case depending. Overall you still have a fighting chance but the argument needs to be sound based on the evidence you submitted.