what are the best option if visa refused

[Happydays11]

hi,

if visa is refused what is the best options to go.

1). Administration review
2). Fresh Application
3). if fresh application rejected do they have any appeal rights and any other option?
4). pre 2014 application had right of appeal, can we go court to get right of appeal as it was not the part of guidance.
5). Admin Review or fresh application in both cases what impact it will give to your continuity.

Thanks

[marcnath]

hi,

if visa is refused what is the best options to go.

1). Administration review
2). Fresh Application
3). if fresh application rejected do they have any appeal rights and any other option?
4). pre 2014 application had right of appeal, can we go court to get right of appeal as it was not the part of guidance.
5). Admin Review or fresh application in both cases what impact it will give to your continuity.

Thanks

There is no one "best option". It depends on your specific case and the reason given for the rejection.

1) If you have met all the requirements and the rejection was because the CW made a mistake, you go for the AR.
2) If it was because you submitted some wrong documents or did not meet some correctable conditions (such as maintenance fund), then you reapply.
3) If your fresh application has also failed, then you clearly don't meet the conditions. Any review is not going to help. You should have a good idea if you will fail or succeed based on the reasons given for refusal. You always have the option of making a fresh Tier 1 E application (if I am not mistaken) with new investment, etc.
4) You need legal advice on this
5) As long as the appeal/fresh application is approved, there is no impact. If both fail, then you will lose continuity

[Happydays11]

bit clear,

so we have to choose between admin review or fresh extension application and must apply within 14 days.

if we go for new application and something goes wrong do we get admin review option or not?

[marcnath]

bit clear,

so we have to choose between admin review or fresh extension application and must apply within 14 days.

if we go for new application and something goes wrong do we get admin review option or not?

I believe you do, but I find it difficult to imagine how it would help. And you would not get any advantage in doing so (for LR, for example).

[Happydays11]

if we decided to go for admin review and its not in our favour then do we have chance for another extension application under 3sc.

[marcnath]

if we decided to go for admin review and its not in our favour then do we have chance for another extension application under 3sc.

If your AR is rejected, you can make a fresh application.
But your section 3C is not valid, so you are making that application as an over-stayer. The period of overstay will however be ignored if the new application is successful.

[sm12]

Hello,

Sorry to hear about the decision (read on your other thread).
Can you please type out the full decision reason in the letter that you received?

[amnaali03]

Hi, sorry for your ext application rejection. Hope some senior members will give their best opinion.
Can you please let us know that during your initial application, investment was in your personal account or it was third party? If it was in your personal account, ukvi accepted during initial application but why they not accepted now?
Regards

[Happydays11]

i think I did not submit legal document to mention by my blood relation that this is his money and he can use as he want

[Momi]

I have read policy guidance several times and I haven't seen any requirement to show the trail of the funds.
I think it will be clear in AR.
I'm not expert but I think if you supply 3 years personal statement and bank statement as well then it will help a lot.

Read this, its from policy guidance.

140. If you provided evidence of the funds as part of your last successful application you do not need to provide that evidence again.

[sm12]

i think I did not submit legal document to mention by my blood relation that this is his money and he can use as he want

Could you please type out the full reasons from the letter? It will help people advise you better.

[Momi]

This is what he said.

They did not accept my investment although they accept that required money has been invested from personal to business but no points awarded but all other point has been awarded

They mentioned "Money has came from third party to my perosnal account" which seems not allowed whereas In first application I showed money available to my account personal account back home

But truth is that money came from my blood relation from back home and some from uk account ? And they clearly mention in ref from homecountryname

Now what need to be done.

i think I did not submit legal document to mention by my blood relation that this is his money and he can use as he want

Could you please type out the full reasons from the letter? It will help people advise you better.

[marcnath]

I have read policy guidance several times and I haven't seen any requirement to show the trail of the funds.
I think it will be clear in AR.
I'm not expert but I think if you supply 3 years personal statement and bank statement as well then it will help a lot.

Read this, its from policy guidance.

140. If you provided evidence of the funds as part of your last successful application you do not need to provide that evidence again.

That requirement comes from the section in the guidelines that state:

"If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business."

This traceability seems to be limited to investment by Director Loan only.

So, one option would be to have the investment made in the form of Share Capital and get the accounts updated accordingly.

The evidence requirement, in that case, is

If you have invested by way of share capital, the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in your name as it appears on your application. If the value of your share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided.

[sm12]

I don't know the reason why the funds ultimately came from the relative's account, but I know of one case where this was done because of restrictions on sending funds abroad using online transfers from the home country.

The person couldn't do an online transfer to an international account. The only way to do this was to do it in person at the bank due to security reasons. Therefore, he transferred funds online but to his father's account, and then the father went to the bank to send funds abroad.

Does something like this apply to you?

If yes, it can be used as an explanation for the AR.

[Kerim90]

i think I did not submit legal document to mention by my blood relation that this is his money and he can use as he want

Did you submit 3 years personal and business bank statements? Thats strange that they go that deep to check from where money came to your personal account. They should check whether you sent the funds from your personal account to business account.

During my initial application I provided third party fund and then used my personal funds. I really hope they will not make a problem that.

[Happydays11]

i think I did not submit legal document to mention by my blood relation that this is his money and he can use as he want

Did you submit 3 years personal and business bank statements? Thats strange that they go that deep to check from where money came to your personal account. They should check whether you sent the funds from your personal account to business account.

During my initial application I provided third party fund and then used my personal funds. I really hope they will not make a problem that.

Yes provided both bank accounts of full period and they check in deep as possible

[Happydays11]

I have read policy guidance several times and I haven't seen any requirement to show the trail of the funds.
I think it will be clear in AR.
I'm not expert but I think if you supply 3 years personal statement and bank statement as well then it will help a lot.

Read this, its from policy guidance.

140. If you provided evidence of the funds as part of your last successful application you do not need to provide that evidence again.

That requirement comes from the section in the guidelines that state:

"If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business."

This traceability seems to be limited to investment by Director Loan only.

So, one option would be to have the investment made in the form of Share Capital and get the accounts updated accordingly.

The evidence requirement, in that case, is

If you have invested by way of share capital, the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in your name as it appears on your application. If the value of your share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided.

I hide nothing sent all documents even it's not required, and thanks too all members i submitted my case own no solicitor.

I think this time it's technical and need legal advice otherwise it might go wrong as this seem not a big issue.

[marcnath]

I hide nothing sent all documents even it's not required, and thanks too all members i submitted my case own no solicitor.

I think this time it's technical and need legal advice otherwise it might go wrong as this seem not a big issue.

Unfortunately I see a lot of advice in these forums to send in documents that are not required.

It does not help the case.

A CW is also a human being who would appreciate having his/her job made easier. So, submit the minimum required documents that are very clear would be preferable. Sort the documents in the order of the attributes, so the CW does not have to hunt through all the documents.

If needed, add explanations in the cover letter. If the CW needs more documents, they will ask.

Anyway, good luck with your fresh application or AR

[Happydays11]

Preparing for AR,

much appreciated expert advice on following

1). if AR stays - can we switch to another highly skill category
(a) if yes and successful - then switch to another highly skilled category will lead to 5y continuity?
(please note that this application will be made in grace period)?
(b) if switched category (2nd) application unsuccessful do we still have option to goto JR of previous unsuccessful application.

[marcnath]

Preparing for AR,

much appreciated expert advice on following

1). if AR stays - can we switch to another highly skill category

What do you mean by highly skill category ?

(a) if yes and successful - then switch to another highly skilled category will lead to 5y continuity?
(please note that this application will be made in grace period)?

Depends on the category you switch to. The ILR requirements set out which categories can be included for the calculation of the 5 years

(b) if switched category (2nd) application unsuccessful do we still have option to goto JR of previous unsuccessful application.

I am not a legal expert and I don't know. But I doubt it and even if you did, you would have a weakened argument because by applying for a new Visa, it could be assumed you accepted the first refusal. But ask a lawyer

[Happydays11]

Thanks picture getting clear

1) What is the grace period after AR 14 or 28
2) if another application of extension or switching category will make within grace period of ,AR result should be decided within grace period
3) if it's not decided within that grace period person will be considered as overstay till outcome to the application?
4) if JR filed within grace period does 3C extended or ended ( just asking because of company and employee working in it )

Thx

[marcnath]

Thanks picture getting clear

1) What is the grace period after AR 14 or 28

Not sure what you mean by grace period. But, as I pointed out in the earlier post, the only overstaying that is exempted is 14 days. 28 Days is only for applications before Nov 2016.

2) if another application of extension or switching category will make within grace period of ,AR result should be decided within grace period

Once you make a new application, the AR is considered withdrawn. You can't have both AR and new application at the same time.

3) if it's not decided within that grace period person will be considered as overstay till outcome to the application?

This is irrelevant because of the above. Your AR is withdrawn when you make a new application and your Section 3C ends, which means you are an overstayer from that point.

4) if JR filed within grace period does 3C extended or ended ( just asking because of company and employee working in it )

Thx

No JR does not extend 3C. JR is not part of immigration rules.

[Happydays11]

Pls answer Continuity questions

1) if AR refused and send new extension application within 14 days; does 5 year continuity will comes to an end straightaway or depend on outcome?

2) if AR refused and send new extension application within 14 days; does 10 year continuity will comes to an end straightaway or depend on outcome?

3) if AR refused and send new switch category like tier 2 application within 14 days; does 5 year continuity will comes to an end straightaway or depend on outcome?

4) if we go for jr and win the case does 5 year continuity will stay?

[marcnath]

Pls answer Continuity questions

1) if AR refused and send new extension application within 14 days; does 5 year continuity will comes to an end straightaway or depend on outcome?

2) if AR refused and send new extension application within 14 days; does 10 year continuity will comes to an end straightaway or depend on outcome?

3) if AR refused and send new switch category like tier 2 application within 14 days; does 5 year continuity will comes to an end straightaway or depend on outcome?

4) if we go for jr and win the case does 5 year continuity will stay?

I am not sure what you are trying to get to. Your choice of whether you go for AR or fresh application should be based, as I pointed out initially, on what the chances of success are.

That decision should not be based on what the impact on 5 year, 10 year, etc. is. In general, if you are successful in AR, new application, JR, there is no impact. If you are not, you will not get your ILR.

Your problem seems to be that you have some document issues on your investment evidence. From the descriptions so far, it is not a CW problem, so an AR has low chance of success (unless you can find a very good reason that one of the others suggested).

You are left with a new application process where you cannot correct those documents retrospectively. The only thing you can do (as I suggested before) is to try and show it as shares which reduces the requirement for those documents. No guarantee of success but worth trying.

[Happydays11]

if we going to new extension application on or after AR

till what date we can show the investment and employment.

if new extension application apply after 12 month of previous leave expire is there any additional requirements?

is this application will consider with evidence submitted along with previous application notes because this time might need more clear evidence with supportive documents.