Tier 1 Entrepreneur visa refused right of appeal

[tier1entrepreneur]

Thanks Nickb & Vinny.

So shall i just provide the current appointment report to appeal against the decision ?

There are few things have been changed in past.

1) My address has now been changed. I did informed the UKBA before my application got refused now my question is the advertising material, contracts have my previous address and i havnt done any more advertising after the application has been made. do i need to advertise again with the new address on it

2)plus the contracts are not valid anymore because i havnt done any business as i was waiting for the visa for over 6 months shall i get new contracts as they might ask in court.

3) i have transferred about 4K out of 50k into my business account as i was about to spend some money towards my business in April. Shall i move back the money into my personal account as if they might ask for un updated bank statment.

what do you guys suggest.

[nickb]

Thanks Nickb & Vinny.

So shall i just provide the current appointment report to appeal against the decision ?

There are few things have been changed in past.

1) My address has now been changed. I did informed the UKBA before my application got refused now my question is the advertising material, contracts have my previous address and i havnt done any more advertising after the application has been made. do i need to advertise again with the new address on it

2)plus the contracts are not valid anymore because i havnt done any business as i was waiting for the visa for over 6 months shall i get new contracts as they might ask in court.

3) i have transferred about 4K out of 50k into my business account as i was about to spend some money towards my business in April. Shall i move back the money into my personal account as if they might ask for un updated bank statment.

what do you guys suggest.

UKBA can only argue the case based on the initial reasons for rejection. So, if the rejection is only regarding current appointments report (CAR) then they can't bring up any new reason. So, with regards to the advertising, contracts etc, I wouldn't bother as UKBA has already been informed. Just have the proof handy just in case but you do not worry with regards to this point.

The only issue in your case is you need to give an excellent reason as to why you didn't submit the CAR as it's clearly mentioned in the policy guidance. When you order the CAR from the companies house it's electronically timestamped and the policy guidance clearly mentions that this document should have been produced within 3 months from the date of the application. So, do you have any valid explanation for this as that's what your case seems to hinge on.

[penny1012]

I will appeal as well (my application was refused as I didn't provide a contract) and I was reading about the policy of evidential flexibility of UKBA. The instruction enabled caseworkers to query details or request further information, such as a missing wage slip or bank statement from a sequence. Three working days was given to the customer to provide the requested information. Many other cases have been refused where there were advertisements or documents missing.
The case of Rodriguez (Flexibility Policy) [2013], where the Judge says in his decision that the case worker should have ""by alerting the Appellant to the perceived shortcomings in her application and inviting her to provide further information, her application for extended leave to remain in the United Kingdom would have been granted as she would have demonstrated her ability to satisfy the relevant requirements."

Those of you guys who were refused their visas and experts think that the above policy was not applied to our applications.

Many thanks for your input.

[tier1entrepreneur]

Thanks for the advise.

Unfortunately i dont have any valid reason for not providing the Current appointment report my solicitor did printed off the report at the time of application but it wasnt added to the documents by mistake. So no excellent reason but i have that document with me with the old and current date.

With regards to Penny1012 piece of information. My solicitor is emphasizing on the same point that UKBA should have asked for it but he is covering his mistake not too sure if we can use this as a reason to fight. To be very honest with you i am totally devasted by his act no clue what to do i have been refused because of his silly mistake.

[nickb]

Thanks for the advise.

Unfortunately i dont have any valid reason for not providing the Current appointment report my solicitor did printed off the report at the time of application but it wasnt added to the documents by mistake. So no excellent reason but i have that document with me with the old and current date.

With regards to Penny1012 piece of information. My solicitor is emphasizing on the same point that UKBA should have asked for it but he is covering his mistake not too sure if we can use this as a reason to fight. To be very honest with you i am totally devasted by his act no clue what to do i have been refused because of his silly mistake.

Did you solicitor mention that the document was included in the application form? If he did and its just that your solicitor forgot to attach it then there shouldn't be a problem with you being successful in your appeal.

[tier1entrepreneur]

yes he did mention that he forgot to add the current appointment report.
so do you think this will be a valid reason to give them ?

[nickb]

yes he did mention that he forgot to add the current appointment report.
so do you think this will be a valid reason to give them ?

Well as long as he mentioned it in the application form and it's just that he forgot to attach it, you are safe. Also, you have mentioned that you have a copy of the CAR dated before your application was sent so there shouldn't be a problem.

[tier1entrepreneur]

No he didnt even mentioned in the application form.