Appeal help for refusal of entry clearance Tier 1 Entreprene

[rahulsingh1]

mate Highly Skilled - again, please try and help the guy if you can or refrain from coming back.If you did not like someones attitude by the words used in the post. Please just look at the content and judge. its my personal opinion that the UKBA are not qualified, otherwise no person makes a boolean mistake. These guys are supposed to look at something objectively and decide(not subjectively) as in PBS visas. And many times they fail, and hence my reason for judging them as incapable.

Anyway, about Dearson Winyard, they never blew their horn to me or claimed to have access. I realised that they did have access, when they got my decision overturned in 5 days. And again, it was not bec of the virtue of being able to reach the ECM, but because the decision was wrong. And again I reiterate, I have the email from the ECM to them, so theres no point me debating with you who doesnt even know it and is just talking bec he is assuming something.

Well I am not here to make you or anyone here believe anything, I am not paid for anything. I am just here to help.

So I am sorry to say, but you want take the info or bugger off, is your choice.

[rizwan567]

See this... joint bank statement accepted by UKBA

http://www.immigrationboards.com/viewto ... &start=980

But yourone is refused.

[smehmood]

Hi

in my understanding, Applicants applied as team and funds were in UK in there joint account. there is no 3rd person involved in bank account.

in This case BHC may not turn down there decision in Admin Review just for being ignorant however they should do.

In Judicial Review you would get it.

Please Read Following guideline.

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

Regards

[Mr Legal]

hi,

your case is fit for an appeal if it is inside the UK,or otherwise you can file a adm:review.Dont go outside the facts meaning outside the issue which is an affidivat/declaration from the joint account holder,as you stated.

If you have provided one at the time of application but,unfortunately,overlooked or misplaced,you might have its copy.Straightaway argue on this point in light of the facts in you appeal/review and if you hadnt provided one at the time of applicaton,you could place one as additional evidence .

Again,dont go outside the issue made in your refusal,just catch hold of your issue,if the ECO has given just this one reason to refuse your application.

Good luck with your move.

[iqbal7]

Thank you all for the comments.

The bank account is indeed open with the funds. I never stated that i had it opened while sitting in Pakistan. I had a 5 year multi entry general visitor visa and i have been traveling to the UK at least 3-4 times a year. I also have personal and business accounts with Barclays in Pakistan and they are the ones that introduced me to Barclay's in London where i personally met with the account manager with relevant proofs of ID, residence etc before my account was opened.

Also. FYI Barclays Wealth has also a program wherein international accounts can be opened in the U.K. by non-residents subject to them having at least GBP 5000/-. you may find it helpful looking up their website for details.

As already mentioned above by a respected contributor that for funds already in the U.K. a simple bank statement (from an FSA regulated institution) mentioning names of the account holders is enough.

There is no mention in the RULES/ GUIDELINES anywhere that a members of entrepreneurial team having a joint account in the UK would be treated as 3rd parties to each other. Rather the rules are quite specific in separating the two.

The turnaround time given is within 28 days.

I feel confident that the ECO made an error and will be appealing on these grounds. HOWEVER, this post should also serve as a warning to those in the process of applying to ensure they have affidavits JUST IN CASE.

It would be helpful if some worthy member/reader of this thread can share an instance of POSITIVE outcome of their application solely based on letter from the bank holding a joint account.

Thank you

Hi Dear,

I am so sorry to disappoint you again, but the refusal was on the ground of no affidavit was provided by both of you. I might be wrong, However as per my experience you both have to provide affidavit in the favor of each other. Otherwise, you might loss your appeal after 6 or 7 month later. This is not a legal advice but its my opinion.


Thanks & Regards

[RizKCB]

http://www.immigrationboards.com/viewto ... &start=980

Top most on Page 50 of this link:

=====We DID NOT give an affidavit declaring the funds are available to each other independently.

Date applied: 18.09.12
Bio Metrics: 27.09.12
Visa received with Documents: 11.03.13

Did not give a business plan.

Funds in a joint account in UK ===========

In case of refusal of joint account statement, it is not a bad idea to provide affidavit/declaration in appeal/judicial review BUT more important is to insist on the definition of Joint Account and reference to the Guidance Policy. It all depends on the perception of case worker. For example, I didn't know about Joint Bank Accounts' transaction policies before opening such an account for Enterp Visa.