- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I am so sorry to hear that....raheelahmed wrote: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
Thank arsenal49 for your reply.arsenal49 wrote:
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.
arsenal49 wrote:
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
Thanks for replies and support. Manage to get two lawyers (meeting) on Tuesday hope all went well.arsenal49 wrote: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
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 wrote:raheelahmed wrote: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.