Lola22 wrote:cancerian wrote:Hi/Salam every one in the Forum, I am new to this forum but was silently reviewing this forum off and on. Here is my time line
Applied as a Sole Team member
Accountancy firm business
Funds Half UK half Pakistan
Company formed 20 June 2014, i.e. Director from that date.
Practsing certificate was issued from professional body 3rd july hence signed first contract on 5h july
Appeal Allowed
3 contracts given,
1x contract on 5th july
1x contract on 7th july
1x contract on 16 july
went to Metro bank on 23 June 2014 to open business bank account but could not open due to visa problem , refusal letter from metro bank attached, went to barclays refused due to unknown reason , refusal letter dated 15 july 2014 attached.
Refusal Reason (Summary)
Section 41-SD(e)(iv) of Appendix A is not met;
Immigration Officer Objection
U r not meeting the criteria specified in section 41-SD(e)(iv) of appendix A of immigration rules specfically, i am rewriting his words
'ur contracts ______ and _______ does not specify duration of contracts this is because they both state" once it has been agreed this contract will remain valid for one year" does not specify a duration. or you should provide a letter from your institute confirming that you were trading on those dates .
No points were given for funds, only maintinance and degree points were given.
While i have as mentioned in refusal letter have wrote heading titled Duration in which i wrote ' Once it has been agreed, this letter will remain effective from one year to the next until this is replaced. All of the contracts were signed by both parties ( mutally agreed by implied signatures) and dated , origional contracts were submitted.
On the other hand i had opened an online bank acccount with cash plus banking which was activated on 16 or 17th july 2014, so cash plus banking cannot confirm those dates.
In letter it was written UKBA did not made any verification checks, can u please tell when they are going to do these checks and secondly I need money to widthraw from account like seven or 8 grand can u please tell me any back up like investment where it went. I have already submitted grounds of appeal but can u please tell me any good solicitor who can represent my case, I am based in London.can u tell me the appeal time line like how long it takes the whole appeal process. But it depends a lot on ur solicitor/barrister how he represents the case and fights on reasons of case.
Hello,
I will like to understand your case better.
So, were you refused for the contract document and business account bank letter?
You did not state a start date for the contract. You submitted 3 contract document, is there a start and end date in any of the document?
A contract document should be clear and precise. The date is an important element of a contract that makes a contract document valid.
So if you appeal, what will your argument be?
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If you can correct the old application with the required document, I will advice you to reapply as soon as possible. If you cannot get the required document then, you can decide to appeal.
Good luck.
Thanks Lola22 for taking interest in my case, I appreciate your kind consideration. Well, mainly because of duration according to him or my business bank account was not confirming the dates which was not possible for my bank due to fact that i opened bank account in later dates of signing the contract.
Well about contracts different industry sectors have different types of contracts and it is mainly dominated by industry norms. In Accounting sector you would probably know people dont change their accountants very often, because accountants have recurring clients and they keep serving their clients for years. We cannot say that we will provide you our services till that point of time. And even in my contract i mentioned that same fact once it has been agreed this contract will be valid from one year until the next is replaced which means at the end of next year i have to make another engagement letter and both of the parties willl sign it. It can be argued its wordings may have grammatical mistakes from a lay man point of view. But I have reconfirmed with my professional body and they were clear on it, also they have issued me an explanation letter which i will use in court.
There is no end date in our industry so i did not write any end date. It has starting date i.e. the date when both parties signed the contract, and like wise when i say this is valid for one year that means it has end date, which is next year same date when we signed contract, its a bit confusin but you know what i mean.
And if either of the party wants to discontinue they will write a discontinuation letter. My each contract was roughly 5 pages document covering each and every legal aspect of my industry as well as i mentioned earlier that i had wrote an entire heading of Duration, In which i clearly mentioned wordings according to my professional membership body.
About reapplying I do have thought about it but UKBA is good at finding faults so even though when i correct these mistakes there is still a chance of 50/50. And i think we can argue better on this issue like u know every professional member of some body do write engagment letters as prescribed by their bodies like, lawyers, estate agents etc.
