UKBA- Call in letter and rejected

[ar000]

So basically-
My mother was granted a tier 1 visa back in 2010 after which they didn't visit as often but ended up setting up a limited company and purchasing two subway franchises. After setting up franchises they applied for extension but was refused and were granted an in country appeal which they did not take as they wanted to come to Pakistan.
My mother and I applied almost a year and half alter as an entrepreneur team and our visa was outrightly rejected as the law applied was not correct. We appealed and were sent a call in letter which said they would issue the visa subject to further checks. We submitted our passport and were called in for an interview where we did not request an interpreter but were made to use one anyway. The interpreter would only interpret part of what we said and that annoyed me and when i spoke out of turn i felt like i wasn't being translated and minutes were not taken down. Needless to ponder a day after the interview i received an email saying the visa app has been processed and returned to VFS.

My problem with the interview was that they asked questions and did not get into the core of the franchising business which made what we answered incoherent. We also mentioned a location for which were currently were dealing with and had suddenly come up but was not in our business plan. I tried clarifying this but to no avail as the interpreter would start translating mid way my answer and that distracted me and i had to stop talking.

My lawyer placed both things on notice first that a call in letter was issued and thus the interview at this stage is unprecedented and second that the interpreter did not do his job properly.

I am fairly positive that the visa has again been rejected, i have still to collect it- but I am confused about the call in letter and then interview bit. DID UKBA not follow their own procedure? Is there anything I can argue? Will I be granted another review considering the very confusing situation?

I await your responses.

[siavashes]

So basically-
My mother was granted a tier 1 visa back in 2010 after which they didn't visit as often but ended up setting up a limited company and purchasing two subway franchises. After setting up franchises they applied for extension but was refused and were granted an in country appeal which they did not take as they wanted to come to Pakistan.
My mother and I applied almost a year and half alter as an entrepreneur team and our visa was outrightly rejected as the law applied was not correct. We appealed and were sent a call in letter which said they would issue the visa subject to further checks. We submitted our passport and were called in for an interview where we did not request an interpreter but were made to use one anyway. The interpreter would only interpret part of what we said and that annoyed me and when i spoke out of turn i felt like i wasn't being translated and minutes were not taken down. Needless to ponder a day after the interview i received an email saying the visa app has been processed and returned to VFS.

My problem with the interview was that they asked questions and did not get into the core of the franchising business which made what we answered incoherent. We also mentioned a location for which were currently were dealing with and had suddenly come up but was not in our business plan. I tried clarifying this but to no avail as the interpreter would start translating mid way my answer and that distracted me and i had to stop talking.

My lawyer placed both things on notice first that a call in letter was issued and thus the interview at this stage is unprecedented and second that the interpreter did not do his job properly.

I am fairly positive that the visa has again been rejected, i have still to collect it- but I am confused about the call in letter and then interview bit. DID UKBA not follow their own procedure? Is there anything I can argue? Will I be granted another review considering the very confusing situation?

I await your responses.

hi

on first paragraph you mentioned they rejected your mother extension , can you please specify the reason ? what was the ground of refusal ?

about your questions,it's all depend to why they refused your extension + you need to wait and see what will be the ground of refusal this time, then we can see if you have any chance to turn their decision .

[ar000]

They had legitimate reasons, since they acquired the franchised well towards the end of the 3 year visa. I can let you know of the exact reasons shortly. going to locate the letter.

[ar000]

@siavashes

So They did not award the points for the investment because our consultant did not attach all the requisite documents- That form CT41G was not submitted to establish that the company met the requirements and then creation of jobs she was not awarded points as some employees were part tine and they said that the employment did not cover a 12 month period and does no cover enough hours of employment.

Yeah I suppose will find out tomorrow. I am very sure that its a rejection. The transcript of the interview has been requested. Just really annoyed with the procedure of the way it was conducted. We weren't allowed to explain anything.

[siavashes]

@siavashes

So They did not award the points for the investment because our consultant did not attach all the requisite documents- That form CT41G was not submitted to establish that the company met the requirements and then creation of jobs she was not awarded points as some employees were part tine and they said that the employment did not cover a 12 month period and does no cover enough hours of employment.

Yeah I suppose will find out tomorrow. I am very sure that its a rejection. The transcript of the interview has been requested. Just really annoyed with the procedure of the way it was conducted. We weren't allowed to explain anything.

thanks for info, with regard to your last refusal you could provide them with CT600 and corporation tax letter to meet the requirements. however about job creation you could claim the part time worker hours even if they worked less than 12 months (as EC issued in 2010) .

about your recent experience you can make formal complaint to ECM for now.

if you got refusal you can ask for admin review and explain yourself there, which I doubt they going to change their decision if they refused you because of interview .

[ar000]

But considering that
a) I did not ask for an interpreter and was made to use one against my will should count for something
b) if the interpreter did not provide the officer with the details of what I was saying then how is it my fault?
c) From my understanding the interview is to determine among other things whether or not you are genuine entrepreneur, which begs another question- how do they expect people to respond when they ask all the wrong questions and when I did try to clarify I was cut off and they moved onto the next questions. The interview is completely unfair in that regard!

Besides, we have invested before and were underway to invest again- we submitted all the details for it; if they still decide to reject us- well frankly Im appalled. The number of fraudulent cases they approved over the past 5 or so years is ridiculous and when genuine investors do come along- this is what is done to them. I am sure there are plenty of disgruntled others like myself who have had similar if not worse experiences with the UK Embassy!

[khandrakhan]

Sorry to hear your experience. Indeed frustrating.
I confused, is your mother with team in her 1st visa? You say they didn't take up appeal sound like team.
I hear lawyer say CT41G form indeed important and whole application can be overturned if that letter couldn't find. is like if you never keep the registration within 6 months letter. No possible to get replacement and no points.

I suspect they make trouble because your mother was already given t1e visa before and now apply again with you. Is like she never get extension and try now apply again, makes complicated.
Would you apply yourself again as single applicant? Since you no history before.

I wish things will turn best for you.

[Entreprenure 10 jobs]

Ar000,

Siavash has correct questions to clarify you. My comments below are blunt so please dont mind them. We are sucessful T1 ent business people since 2011......todate

1. If you had T1 in 2010 And did not take up in country appeal for Ext..means you ACCEPTED the decision of Refusal of Extension by UKBA/UKVI.

However, what transpired of your franchise business to date, Did you sell off ?? Or are you still in business ??

2. Your 2nd application of T1 was going to be Surely refused because you had One Earlier T1 Ext application Refusal of 2010 entry clearence Not appealed meaning Accepted by you.......... What were your basis of this application.? Important to understand....

3. There could be several avenues you / your mum could take. Depends entirely on your mum and you...

Best.

[ar000]

Ar000,

Siavash has correct questions to clarify you. My comments below are blunt so please dont mind them. We are sucessful T1 ent business people since 2011......todate

1. If you had T1 in 2010 And did not take up in country appeal for Ext..means you ACCEPTED the decision of Refusal of Extension by UKBA/UKVI.

However, what transpired of your franchise business to date, Did you sell off ?? Or are you still in business ??

2. Your 2nd application of T1 was going to be Surely refused because you had One Earlier T1 Ext application Refusal of 2010 entry clearence Not appealed meaning Accepted by you.......... What were your basis of this application.? Important to understand....

3. There could be several avenues you / your mum could take. Depends entirely on your mum and you...

Best.

Hey so they did not want to appeal because my grandmother was critically ill, they infact emailed the HO to send the passports back at the earliest possible due to this and sent the certificates for my grandmothers illness as well. She passed shortly after, which we also mentioned in our new application as a reason for not pursuing an application instantly to rely on the earlier investmentt where 245DD would have been applicable.

We still own that franchise business and the holding company as well. We were going to purchase new franchise with our already registered company and attached all relevant materials such as pending offers etcetera. We explained in our new application how we plan to expand and introduce money into the company by way of a directors loan, the agreement for which was also attached.

[Entreprenure 10 jobs]

Ar000

Is your new application refused? Where are you now?

[Entreprenure 10 jobs]

Ar000

A couple of subways and maybe a couple more do not impact UK economy.
We T1 ent from Pak like me have a Substantially more invested, and provide more than 200 jobs.
So let me ask you why must you be special? If you want to prove genuine entrepreneur ship, how will you do so? Can you live away and be a successful Entrepreneur in the UK?
PLEASE NOTE THIS IS THE REAL QUESTION YOU MUST ADDRESS.
best,

[ar000]

I went and collected my passport today and was pleased to see that both my mother and I had stamped passports! Thank you everyone for your guidance in the matter.

Timeline:

Applied: 5th Feb 2015
Rejected: 16 Feb 2015- wrong law applied
Admin Review: 10th March, 2015
Call Letter:20th March, 2015
Passport submitted: 24th March, 2015
Interview: 30th May, 2015
Processed email: 2nd May ,2015
Stamped Passport: 5th May, 2015 (Alhamdullilah)