Urgent - Visa Rejected - Please Help

[raheelahmed]

Hello,

I was on student visa and applied for PSW. I was awarded all the points for PSW. But visa was rejected on the following grounds:

"Failed to observe the condition of the leave by registering a Pvt Ltd company under the name of [company] with company house on XX JUN 2009".

I opened his Pvt Ltd company (due to wrong advice) as I didn't know that I wasn't allowed to open a company on student visa. But I didn't do any business with/via that company.

Please let me know on what grounds I can appeal against the decision?

Any suggestions will be highly appreciated.

Thanks..

Time Line:
In Person: 13-01-2010 (asked for more docs)
Doc's Posted: 21-01-2010
Doc's' Received: 22-01-2010
Ack Letter: Non.
Degree Certificate Posted: 18-03-2010 (Before I didn't received my Degree Certificate)
Degree Certificate Received: 19-03-2010
Refused: 24-03-2010
Received Refused Letter with pp/doc's: 25-03-2010
Appeal Deadline: 10 Days

[arsenal49]

Hello,

I was on student visa and applied for PSW. I was awarded all the points for PSW. But visa was rejected on the following grounds:

"Failed to observe the condition of the leave by registering a Pvt Ltd company under the name of [company] with company house on XX JUN 2009".

I opened his Pvt Ltd company (due to wrong advice) as I didn't know that I wasn't allowed to open a company on student visa. But I didn't do any business with/via that company.

Please let me know on what grounds I can appeal against the decision?

Any suggestions will be highly appreciated.

Thanks..

Time Line:
In Person: 13-01-2010 (asked for more docs)
Doc's Posted: 21-01-2010
Doc's' Received: 22-01-2010
Ack Letter: Non.
Degree Certificate Posted: 18-03-2010 (Before I didn't received my Degree Certificate)
Degree Certificate Received: 19-03-2010
Refused: 24-03-2010
Received Refused Letter with pp/doc's: 25-03-2010
Appeal Deadline: 10 Days

I am so sorry to hear that....

I dont have any previous experience so just trying to think objectively here...

If you have breached law, knowingly or unknowingly, then UKBA is within law to reject your application.

Two options are available for you in my opinion.
1) Appeal
2)Go back home and apply from there

If you choose to appeal, then what you must argue is. the fact that you were given wrong advice and that you didnt gain any advantage whatsoever and should not be punished severely for an honest mistake.

Obviously you will need evidence to back it up so track down the guy who misled you and blame it all on him. Secondly, tell them you didnt do anything by opening the company but need to mention why you did it in first place if you werent gonna do anything...

The thing is... HO followed the rule to the letter and you can not argue that HO has made a mistake when deciding on your app because fact of the matter is you did breach the law. When thats the case, the judge(AIT) can not do much to overturn the decision except to give you an option to go to high court.The judges over there have more power to consider your personal circumstances and might decide in your favour but thats not always the case....

So, question is do u want to take this lengthy route, which can turn out to be fruitless as there are no guarantees here OR go home and make a fresh application.

Under which para is your application refused. Are you given a 1 year ban? If not, then you should make a new app from home as it should be much, much straight forward then going through the appeal system. Keep in mind the requirements when pplying from outside country

Regards

PS. Remain strong and think about your next step with a clear mind without any emotions.

[raheelqureshi]

I am so sorry to hear that....

I dont have any previous experience so just trying to think objectively here...

If you have breached law, knowingly or unknowingly, then UKBA is within law to reject your application.

Two options are available for you in my opinion.
1) Appeal
2)Go back home and apply from there

If you choose to appeal, then what you must argue is. the fact that you were given wrong advice and that you didnt gain any advantage whatsoever and should not be punished severely for an honest mistake.

Obviously you will need evidence to back it up so track down the guy who misled you and blame it all on him. Secondly, tell them you didnt do anything by opening the company but need to mention why you did it in first place if you werent gonna do anything...

The thing is... HO followed the rule to the letter and you can not argue that HO has made a mistake when deciding on your app because fact of the matter is you did breach the law. When thats the case, the judge(AIT) can not do much to overturn the decision except to give you an option to go to high court.The judges over there have more power to consider your personal circumstances and might decide in your favour but thats not always the case....

So, question is do u want to take this lengthy route, which can turn out to be fruitless as there are no guarantees here OR go home and make a fresh application.

Under which para is your application refused. Are you given a 1 year ban? If not, then you should make a new app from home as it should be much, much straight forward then going through the appeal system. Keep in mind the requirements when pplying from outside country

Regards

PS. Remain strong and think about your next step with a clear mind without any emotions.

Thank arsenal49 for your reply.

In letter there is nothing mentioned like ban or anything. Just mentioned Migrant rule 322(3) for refusal.

They send me two set of appeal papers one for me and one for my wife (dependent)

I am going to appeal that, that was a honest mistake and I didn't done any business on that it's just like dormant company for future use and to save my name as limited company like people get their web domains registered years before start any business. I had no intention for any business or anything.

Year 2010 is worst for me in my entire life. Since 1 Jan I had issues in anything thing I do or done.

I went to couple of lawyers yesterday. One of them told me when he will start my case he will ask HO to send him my profile and allegations details. Is that true? any lawyer can ask HO to send our details to them? I heard that first time....

Other one said just tell truth which is I done nothing on it and opened it due to wrong advice.

I am not sure about details of the person who give me advice becuase I met him one time only at friends place and no track afterwards... (Again my bad luck)

help... or anyone know good lawyer...

[arsenal49]

Based on the guidance given to case workers, there was a possibility that case worker mght have overlooked this small breach if it was deemed to be not a significant thing...

Has the caseworker explained his decision why he/she has not used discretion in your favour?

I am not in position to comment on lawyer's advice as i have learnt through policy documents and cases mentioned in this forum and dont consider mysef an authority on subject.

I have no clue why anyone would want to open a company but not engage in a business which is clearly against student visa rules.

They obviously think that you have been actively involved with business and thats why you opened a company here. Any way you could refute this?

Regards


http://www.bia.homeoffice.gov.uk/siteco ... schapter9/

REFUSALS UNDER PARAGRAPH 322(2) – 322(11)
5.1.
The Immigration Rules state that persons falling for refusal under Paragraphs 322(2) – 322(11) should normally be refused i.e. refusal under general grounds may be waived where there are compelling circumstances.
5.2.
Where a decision to refuse is taken then caseworkers should explain why the decision to refuse (and not exercise discretion) is appropriate.

Furthermore....
section 4

PARAGRAPH 322(3) - FAILURE TO COMPLY WITH ANY CONDITIONS ATTACHED TO HIS STAY
7.1.
When considering whether a person qualifies for further leave their previous immigration history may be taken into account. Refusal under this paragraph should normally only be appropriate where a person has shown by their conduct that they have breached the conditions of their stay.
7.2.
Conditions of stay usually refers to the conditions endorsed on a person’s Entry Clearance / United Kingdom Residence Permit e.g.
•
No recourse to public funds
•
No recourse to public funds, No work or engaging in business.
•
No recourse to public funds, Employment as a Minister of Religion, Changes must be authorised by The Secretary of State.
7.3.
Taking each example in turn the following would constitute refusal under Paragraph 322(3) in addition to any refusal under the substantive rules.
•
evidence that a person had recourse to public funds,
•
evidence that a person has taken employment
•
evidence that a person has been employed in a position other than a Minister of Religion

[raheelqureshi]

Thanks my replies within your qoute

Has the caseworker explained his decision why he/she has not used discretion in your favour?

Just said breached that thing.. I mean open a ltd company


I have no clue why anyone would want to open a company but not engage in a business which is clearly against student visa rules.

As I mentioned I was not aware of that and was given wrong advice to save company name for future use (not to use now, i.e like domain name registrations). I had no intentions of doing any business on it

They obviously think that you have been actively involved with business and thats why you opened a company here. Any way you could refute this?

Yes! I have proof of my back empty statements and unused card/pin/cheques that I never done a single penny transaction

[arsenal49]

you seem to have a decent case but its just my "gut" feeling... anyway... lawyer's advice should take precedence over mine.

Hope this ordeal is over as soon as possible.

all the best

[raheelqureshi]

you seem to have a decent case but its just my "gut" feeling... anyway... lawyer's advice should take precedence over mine.

Hope this ordeal is over as soon as possible.

all the best

Thanks for replies and support. Manage to get two lawyers (meeting) on Tuesday hope all went well.

Thanks

[crownvictory]

[quote="raheelahmed"]Hello,

''I was on student visa .......

I opened his Pvt Ltd company (due to wrong advice) as I didn't know that I wasn't allowed to open a company on student visa. But I didn't do any business with/via that company''


what were u proofing with d 'Bus. Reg.' in yr applicatn? and if nothing why did u included it?. answers to these cld show direction in handling yr case.

[raheelahmed]

Hello,

''I was on student visa .......

I opened his Pvt Ltd company (due to wrong advice) as I didn't know that I wasn't allowed to open a company on student visa. But I didn't do any business with/via that company''


what were u proofing with d 'Bus. Reg.' in yr applicatn? and if nothing why did u included it?. answers to these cld show direction in handling yr case.

Please check my last post's regarding what I will show to proof that I was not using it and I didn't include it in my application, someone make allegation against me that's how they find out by that. Even I didn't know that it will be a problem and I am not auth. to open it as I mentioned before...

[crownvictory]

Quite unfortunate to hear that somebody reported you! Anyway, just note that consulting with Lawyers does not guaranttee d success of any case as they are usually interested in their returns. U might as well defend yrslf or use 'them', the important thing is for u to b sure of what yr facts/points wld b based on (e.g by askg d court to pleeeease, make further investigat/ independent report frm HMRC wethr there were transactions on d 'Regtrd Co.') U cld succd, even if they can not substantiate this!. TIME of reg. too, is also important to prove yr INTENTIONS. If b4 and after yr studentshp, good bt not during!. Thre4 evidence of no transactions shld get u off d hook. I wish u d v.Best.