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TIRE 1 Enterprenur Visa Rejected

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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vinith
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TIRE 1 Enterprenur Visa Rejected

Post by vinith » Thu Mar 21, 2013 4:58 pm

Hello every one.

I have applied TIRE 1 enterprenur visa on 22nd of February 2013 and got a letter on 18th of march saying that my visa got rejected and got an appeal form to re-apply for appele. I provided all original documents and every thing is on my own name. They havent gave me any points for funds(75 points) and they mentioned in sections saying "Although you have provided a job title that is listed in Appendix J, the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business." I have taken printouts of my company website. But again they mentioned " This printout does not contain your name and therefore does not meet the requirements as listed at paragraph 41-SD(c)(iii) of Appendix of immigration rules". This is what they mentioned in that. dont know what to do on this..
Can any one suggest me about this and did any one had same issues as meany suggestions are much appreciated.

Thank you

VJ

hr
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Post by hr » Fri Mar 22, 2013 10:15 am

it is strange..that u got ur decision so early..i think its not a big issue..u jst need to update ur website...and lodge appeal ASAP..
all the best.

vinith
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Post by vinith » Fri Mar 22, 2013 10:47 am

Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...

monolyte
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Posts: 176
Joined: Tue Nov 27, 2012 2:01 pm

Re: TIRE 1 Enterprenur Visa Rejected

Post by monolyte » Fri Mar 22, 2013 10:56 am

vinith wrote:Hello every one.

I have applied TIRE 1 enterprenur visa on 22nd of February 2013 and got a letter on 18th of march saying that my visa got rejected and got an appeal form to re-apply for appele. I provided all original documents and every thing is on my own name. They havent gave me any points for funds(75 points) and they mentioned in sections saying "Although you have provided a job title that is listed in Appendix J, the only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business." I have taken printouts of my company website. But again they mentioned " This printout does not contain your name and therefore does not meet the requirements as listed at paragraph 41-SD(c)(iii) of Appendix of immigration rules". This is what they mentioned in that. dont know what to do on this..
Can any one suggest me about this and did any one had same issues as meany suggestions are much appreciated.

Thank you

VJ
hello,
your name on the company print out MUST be the same as in your international passport or travel doc. So all they are trying to tell you is that you are not the same person, so cant claim all point.
My advice is for you to make corrections to your name in the company print out and reapply, while attaching a cover letter explaining mistake. You can also consider using a lawyer for reapplication. This my advice depends on the fact that your name on the printout was not that same as your name on your travel doc

vinith
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Post by vinith » Fri Mar 22, 2013 3:01 pm

Thank you for your reply. Sure, I will appeal. Could you please tell me have you got any idea about paper hearing and oral hearing . I hope in my case paper hearing is okay , If not do I definitely have to go for oral hearing? I heard barristers charge £500 to £600 to come and assist during hearing ... Do I need to go all these as I all my documents are original. Any suggestions are much appreciated.
Thank you

monolyte
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Posts: 176
Joined: Tue Nov 27, 2012 2:01 pm

Post by monolyte » Fri Mar 22, 2013 3:17 pm

vinith wrote:Thank you for your reply. Sure, I will appeal. Could you please tell me have you got any idea about paper hearing and oral hearing . I hope in my case paper hearing is okay , If not do I definitely have to go for oral hearing? I heard barristers charge £500 to £600 to come and assist during hearing ... Do I need to go all these as I all my documents are original. Any suggestions are much appreciated.
Thank you
SORRY DUDE, I DONT KNOW ANYTHING ABOUT COURT PROCEEDINGS OR SOLICITOR CHARGES. I ALWAYS DO IT MYSELF

penny1012
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Post by penny1012 » Fri Mar 22, 2013 4:37 pm

[quote="vinith"]Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...[/quote]

I was not awarded 75 points for funds either even though I had sent my bank statements.

Ali5544
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tire 1 ent

Post by Ali5544 » Sat Mar 23, 2013 12:58 am

yes i also did't get 75 points of fund even i sent bank statment and bank letter. can you both tell me what was the name of your case worker because i think we got a same case worker.

asadmehmoodch
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Post by asadmehmoodch » Sat Mar 23, 2013 4:43 am

vinith wrote:Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...
Sorry to hear that.

The thing is that you will get 75 points for attributes if you satisfy all of the requirements like having funds available, disposable in UK, Active in your business and that includes to proof of advertising, having at least one running contract and many more.
If one satisfies all of the above then one gets 75 points for attributes.

I know it is pretty tricky of UKBA.

penny1012
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Post by penny1012 » Sat Mar 23, 2013 5:24 am

[quote="asadmehmoodch"][quote="vinith"]Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...[/quote]

Sorry to hear that.

The thing is that you will get 75 points for attributes if you satisfy all of the requirements like having funds available, disposable in UK, Active in your business and that includes to proof of advertising, having at least one running contract and many more.
If one satisfies all of the above then one gets 75 points for attributes.

I know it is pretty tricky of UKBA.[/quote]

Can you tell me why is this the case please, I wasn't aware that you won't get points for funds because of things like contracts and advertisement.

Many thanks.

penny1012
Junior Member
Posts: 82
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Re: tire 1 ent

Post by penny1012 » Sat Mar 23, 2013 5:29 am

[quote="Ali5544"]yes i also did't get 75 points of fund even i sent bank statment and bank letter. can you both tell me what was the name of your case worker because i think we got a same case worker.[/quote]

Sorry but I don't know the name of my case worker, even the notice of decision was not signed.

asadmehmoodch
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Post by asadmehmoodch » Sat Mar 23, 2013 5:39 am

penny1012 wrote:
asadmehmoodch wrote:
vinith wrote:Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...
Sorry to hear that.

The thing is that you will get 75 points for attributes if you satisfy all of the requirements like having funds available, disposable in UK, Active in your business and that includes to proof of advertising, having at least one running contract and many more.
If one satisfies all of the above then one gets 75 points for attributes.

I know it is pretty tricky of UKBA.
Can you tell me why is this the case please, I wasn't aware that you won't get points for funds because of things like contracts and advertisement.

Many thanks.
Because if you go through the policy guidance.
"
(a) You have access to not less than £200,000, or
(b) You have access to not less than £50,000 from:
(i) one or more registered venture capitalist firms regulated by the Financial
Services Authority,
(ii) one or more UK Entrepreneurial seed funding competitions which is listed
as endorsed on the UK Trade & Investment website, or
(iii) one or more UK Government Departments or Devolved Government
Departments in Scotland, Wales or Northern Ireland, and made available by
the Department(s) for the specific purpose of establishing or expanding a UK
business, or
(c) You :
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Graduate Entrepreneur)
Migrant, and
(iii) have access to not less than £50,000, or
(d) You:
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are working in an occupation which appears on the list of occupations
skilled to National Qualifications Framework level 4 or above, as stated in
the Codes of Practice in Appendix J of the Immigration Rules and the Codes
of Practice for Tier 2 Sponsors published by the UK Border Agency, and you
provide the specified evidence in paragraph 41-SD. “Working” in this context
means that the core service your business provides to its customers or clients
involves the business delivering a service in an occupation at this level. It
excludes any work involved in administration, marketing or website functions
for the business.
(v) have access to not less than £50,00"

You will get 25 points if you meet either option (a) or all of rest criteria.

asadmehmoodch
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Location: YORKSHIRE

Post by asadmehmoodch » Sat Mar 23, 2013 5:48 am

asadmehmoodch wrote:
penny1012 wrote:
asadmehmoodch wrote:
vinith wrote:Yeh but I hope so ... But one thing I can't understand is even though they mentioned about website they haven't gave me any points for funds which are regulated by FSA and disposable in UK... I got every thing right in terms of money .. Did any one is facing same issue as me ...
Sorry to hear that.

The thing is that you will get 75 points for attributes if you satisfy all of the requirements like having funds available, disposable in UK, Active in your business and that includes to proof of advertising, having at least one running contract and many more.
If one satisfies all of the above then one gets 75 points for attributes.

I know it is pretty tricky of UKBA.
Can you tell me why is this the case please, I wasn't aware that you won't get points for funds because of things like contracts and advertisement.

Many thanks.
(a) You have access to not less than £200,000, or
(b) You have access to not less than £50,000 from:
(i) one or more registered venture capitalist firms regulated by the Financial
Services Authority,
(ii) one or more UK Entrepreneurial seed funding competitions which is listed
as endorsed on the UK Trade & Investment website, or
(iii) one or more UK Government Departments or Devolved Government
Departments in Scotland, Wales or Northern Ireland, and made available by
the Department(s) for the specific purpose of establishing or expanding a UK
business, or
(c) You :
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Graduate Entrepreneur)
Migrant, and
(iii) have access to not less than £50,000, or
(d) You:
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) Migrant,
(iii) were, on a date no earlier than three months prior to the date of
application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are working in an occupation which appears on the list of occupations
skilled to National Qualifications Framework level 4 or above, as stated in
the Codes of Practice in Appendix J of the Immigration Rules and the Codes
of Practice for Tier 2 Sponsors published by the UK Border Agency, and you
provide the specified evidence in paragraph 41-SD. “Working” in this context
means that the core service your business provides to its customers or clients
involves the business delivering a service in an occupation at this level. It
excludes any work involved in administration, marketing or website functions
for the business.
(v) have access to not less than £50,00

So if you see in (iv) it says specified evidence in paragraph 41-SD and that covers all advertising material.

Could you tell me if you sent business card having your name on them as an advertising material.
Thanks

penny1012
Junior Member
Posts: 82
Joined: Sun May 16, 2010 11:13 am

Post by penny1012 » Sat Mar 23, 2013 6:17 am

Thanks asadmehmoodch, I didn't send a business card.

asadmehmoodch
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Posts: 9
Joined: Sun Oct 07, 2012 12:55 am
Location: YORKSHIRE

Post by asadmehmoodch » Sat Mar 23, 2013 1:03 pm

penny1012 wrote:Thanks asadmehmoodch, I didn't send a business card.
No problem. Its really sad that you have put all your efforts in generating an application and just one small stupid thing got in your way.
Now I think you can generate your own website print outs that clearly show your name in contact us section also order new brochure having your name mentioned on them and your personal business card (with your name, your position in compay and contact number) as well.
I suggest you to start writing a cover letter saying that in these are the proofs for it and explain that normally when you adverise its the company this advertisement is about not a particular person. You also state that as you are the director and owner of the company so indirectly it is also your advertisement.
Buas far as rule is concerned, now you realize that it was a mistake so here you are with all adverisment materials with your name and business.
Hope that helps.

penny1012
Junior Member
Posts: 82
Joined: Sun May 16, 2010 11:13 am

Post by penny1012 » Sat Mar 23, 2013 4:17 pm

Thank you so much for your kind words and advice, I have everything ready now, hopefully my appeal will succeed.

ed84
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Location: London

Post by ed84 » Sat Mar 23, 2013 6:42 pm

...
Last edited by ed84 on Sat Nov 09, 2013 11:41 pm, edited 1 time in total.

kashnex
Junior Member
Posts: 93
Joined: Thu Nov 15, 2012 4:36 am

Post by kashnex » Sat Mar 23, 2013 7:35 pm

penny1012 wrote:Thank you so much for your kind words and advice, I have everything ready now, hopefully my appeal will succeed.
hi penny1012 in other post you mentioned that you didnt get the right of appeal and they used some section 47 for your removal coz you have been in UK for 10 year.... would you please elaborate a little bit more ... I know you must be busy getting all your dOC. ready but please let me know when ever you ready
kind regards
thanks

penny1012
Junior Member
Posts: 82
Joined: Sun May 16, 2010 11:13 am

Post by penny1012 » Sat Mar 23, 2013 7:48 pm

I got the right of appeal, and notice to be removed in my refusal letter which is unusual.

vinith
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Post by vinith » Sat Mar 23, 2013 11:13 pm

@penny: Even I have got the same thing but my soliciter told nothing to worry because if you dont appeal within time then you will be removed..

rehan01
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Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Sun Mar 24, 2013 1:34 pm

if your current leave to remain is valid than you don't get right of appeal because you are legal to stay in country so you can reapply.

regards
ed84 wrote:Hi guys,
I am in so weird situation. I have applied Tier 1 Team (Entrepreneur) visas on 20 the Feb 2013 from 50K PSW Cat route me and my Partner both got refused 19th March letter received on 22 march 2013 because of same issue of Advertisement (Not mentioning Names in Advertisement) and also did not provide Current Appointment Report from company House ( which i may have doubt my solicitor did not provide) and also not been awarded any points for funds ( Funds are held 25K in my account and 25k in my partner account. Declaration signed by both team member with solicitor approval and was attached to application to declare funds can be used by both of the team member) that was all my story.
but here comes the difficult situation I have been given the Right of Appeal but my partner do not have the right of appeal because she still got her PSW visa which is due to expire on 29 March.
MY refusal point can be justifiable in appeal (hopefully) because i have been doing my Company advertisement before the date of my application decision i have got proofs but i am confused how to link my appeal with my partner caus she don`t have appeal right and what step she have to take???
ANY help plzzzz i have very short time to take further step
Thnx in advance

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