argnihd13 wrote: ↑Wed Mar 04, 2020 10:10 am
Hello Moderators and Everyone
---- Tier 1 Entrepreneur -----
---- Initial Application 50k ---
---- Normal, Outside UK ------
The timeline of my application is:
Submitted: 27/03/2019
Received at Sheffied: 05/04/2019
Complex letter: 18/04/2019
(1st) First Interview: 07/07/2019
(2nd) Second Interview: 20/07/2019
(3rd) Third Interview: 16/09/2019
Initial Application Refused: 04/11/2019
First AR Filed: 25/11/2019
First AR Successful Email - Sent for Reassessment: 18/12/2019
First AR Refused: 21/12/2019
Second AR Filed: 16/01/2020
Second AR Refused: 20/02/2020
-----------AFTER 7 MONTHS-----------------
'Initial' application Refusal Reasons:
1) My application got considered under 200k route. Therefore i was awarded 0/75 Zero points
for (i)Access to 50k via VC (ii) FCA (iii) Funds are Disposible but at the end it said "75 points awarded as claimed"
2) Genuine Entrepreneur Test - some invalid reasons.
ECO "For the reason outlined above, I am not satisfied with the genuineness of your application.
Your application is therefore refused under paragraphs 245DB (f) & (j) of the Immigration Rules of the Immigration Rules."
-------------------FIRST ADMIN REVIEW---------------------------
My solicitor filed an AR_1 explaining the errors made by the ECO while assessing my application and if i was given all 75 points, i should be granted the visa.
AR got successful and application was sent to ECO for reconsideration as it was their fault.
First AR was refused with the following reasons:
ECO "For the funds to be available to you, the venture capital firm you are using would need to give you £50,000 to invest in the business on an unconditional basis. You have not been awarded 75 points on the basis of funds available to you or on having already invested funds. Your application is therefore refused under paragraph 245DB (b)."
There were certain conditions and milestones on which the fund could be took from the VC.
After this refusal, i discussed this with the VC and they agreed to take down the draw down conditions and provided a letter to confirm the same.
----------------SECOND ADMIN REVIEW----------------------
My solicitor stated since the route is now closed, asked the ECO to use his discretion and consider this letter. Even the law doesn't anywhere specify that the funds should be 'unconditionally' available. It just says they should be 'available'.
Within this time the HO requested for my passport and returned it back as it is after 3 days. I thought
they were to grant the visa, but seems like they just wanted it for some sort of verification...
ECO Refused again:
"Careful consideration has been given to the points raised above, however, I have upheld the ECO decision to refuse your application. I am unable to consider evidence provided at the administrative review stage that was not available to the ECO when making their decision, unless it meets certain requirements set out at Appendix AR. On review of the document, I am satisfied that it was not available to the ECO and that it does not meet requirements set out in Appendix AR therefore, I have not considered the document as part of my assessment of your application. It is clear from review of the documents available at the time of the decision that the investment funds were available to you only in the circumstances that you and the company had met certain requirements set out by the venture capital firm. You confirmed this to be the case in each of the interviews you attended and therefore, the ECO had no reason to believe anything to the contrary. As the specified document had been provided, and there was no indication that the stipulations set out in the document was different, I am satisfied that the ECO did not err in failing to request this from you again, either discretionally or under the requirements of Paragraph 245AA. Based on the above, I have upheld the ECO decision to refuse your application, in line with Paragraph 245DB(b) and Appendix A."
-------------------------------------------------------------
I'm a genuine entrepreneur. I've completed my graduation from the UK. I genuinely want to start and establish my own business within the UK. I'm waiting for this opportunity for last 11 months now. Just very very confused and impatient because of what is happening with my application.
Has anyone else been in the same situation?
Is there a benefit of going for a PAP/JR?
What would you advise?
Thanks
I cannot tell you what to expect