Tier 1 Entrepreneur visa refused on attributes ground

[rogue80]

Hi!please help.. We (with my husband) got a refusal for our tier 1 Entrepreneur visa application on the grounds that:

a. funds should be held in a financial regulated institution

We submitted a bank letter from HSBC but it failed to state that the bank is a regulated financial institution in my home country although being HSBC it should consider that it is regulated also it is in the UKBA immigration law Appendix that it is one of the financial statements accepted from my home country.


b. letter should state that funds are disposable/transferable in the United Kingdom

Financial regulator from my home country would/could not issue a letter as stated by the UKBA format (or along that line) as it is against the banking regulation law from my home country to state as such,so there is no way around it. so instead i sent them a copy of my actual ATM cards with ATM transaction slip (done in the UK) to show that i can actually access the money from here even without that stupid paragraph (pardon my french!).


How do i submit a strong appeal against their decision?

thank you in advance for your time.

[Sug]

Hi!please help.. We (with my husband) got a refusal for our tier 1 Entrepreneur visa application on the grounds that:

a. funds should be held in a financial regulated institution

We submitted a bank letter from HSBC but it failed to state that the bank is a regulated financial institution in my home country although being HSBC it should consider that it is regulated also it is in the UKBA immigration law Appendix that it is one of the financial statements accepted


When did u apply for visa
Financial regulator from my home country would/could not issue a letter as stated by the UKBA format (or along that line) as it is against the banking regulation law from my home country to state as such,so there is no way around it. so instead i sent them a copy of my actual ATM cards with ATM transaction slip (done in the UK) to show that i can actually access the money from here even without that stupid paragraph (pardon my french!).


How do i submit a strong appeal against their decision?

thank you in advance for your time.

When did u apply for visa

[rogue80]

Feb 21, 2013

[rehan01]

hi,

which cat u applied? what was nature of business? did you submit business plan? u applied single or team ?

sorry for asking so many question but it will be helpful for many of us.

regards

Hi!please help.. We (with my husband) got a refusal for our tier 1 Entrepreneur visa application on the grounds that:

a. funds should be held in a financial regulated institution

We submitted a bank letter from HSBC but it failed to state that the bank is a regulated financial institution in my home country although being HSBC it should consider that it is regulated also it is in the UKBA immigration law Appendix that it is one of the financial statements accepted from my home country.


b. letter should state that funds are disposable/transferable in the United Kingdom

Financial regulator from my home country would/could not issue a letter as stated by the UKBA format (or along that line) as it is against the banking regulation law from my home country to state as such,so there is no way around it. so instead i sent them a copy of my actual ATM cards with ATM transaction slip (done in the UK) to show that i can actually access the money from here even without that stupid paragraph (pardon my french!).


How do i submit a strong appeal against their decision?

thank you in advance for your time.

[DangerousWolf]

I personally feel that you have strong chance to win appeal unless there are some other reasons as well for refusal. Condition, "Amount can be transferable to UK" needs to be there in letter if and only if the financial institute is not regulated by recognized body. So the two points mentioned above resulted in refusal are linked to each other. If you can prove first point, 2nd one will automatically get resolved. Perhaps it's not gonna be difficult to prove 1st point as HSBC is a well known bank.

[ksshhs]

what's that mean?

then your bank letter said the bank is regulated by your home country financial regulator, but it was still one of the reason that your application was failed.

We submitted a bank letter from HSBC but it failed to state that the bank is a regulated financial institution in my home country although being HSBC it should consider that it is regulated also it is in the UKBA immigration law Appendix that it is one of the financial statements accepted from my home country.

[tuliprose]

Hi!please help.. We (with my husband) got a refusal for our tier 1 Entrepreneur visa application on the grounds that:

a. funds should be held in a financial regulated institution

We submitted a bank letter from HSBC but it failed to state that the bank is a regulated financial institution in my home country although being HSBC it should consider that it is regulated also it is in the UKBA immigration law Appendix that it is one of the financial statements accepted from my home country.


b. letter should state that funds are disposable/transferable in the United Kingdom

Financial regulator from my home country would/could not issue a letter as stated by the UKBA format (or along that line) as it is against the banking regulation law from my home country to state as such,so there is no way around it. so instead i sent them a copy of my actual ATM cards with ATM transaction slip (done in the UK) to show that i can actually access the money from here even without that stupid paragraph (pardon my french!).


How do i submit a strong appeal against their decision?

thank you in advance for your time.

In which country your HSBC bank accout is held?

If your HSBC bank is registered with FSA in UK then you do not need to mentioned that funds are transfereable to UK. Please see policty guidance page 13 (section 62).

62. Money held in an overseas account but in a financial institution that is regulated by the FSA will satisfy this requirement.

Also check your HSBC bank in FSA Register: If your bank is there in FSA register then you already claimed 25 points.

http://www.fsa.gov.uk/register/firmMain ... ame=escape

[rogue80]

I just want to update my post after a long absence....

after refusal we decided to launch an appeal (which takes 5 mos - refusal recieved April 8 , hearing Sept) and finally got the VISA!!yeheey!!and judge decided to award our appeal cost from HO!

there is a third point of refusal in my refusal actually ; there is no name on my advertising material.

On the first point of refusal my barrister argued that in the PBS appendix the bank used is on the listed bank accepted with pbs applications so even if my bank letter does not state that as what required by the HO it is unlawful because of the PBS appendix guideline.The same applies to the 2nd point of refusal.

on the 3rd point where the presenting officer from the HO gave us a really hard time, my barrister used the evidential flexibility wherein the HO should have asked for more evidence of (which is readily available ) from me before they refused my application as the judge could see that i could have provided the the missing evidence had it been requested by the HO.

so all is good now!

good luck to all who are going through their application and hope this help.I am paying forward as this site helped me a lot when i did my application.

[sabuj263]

Congratulations.....

[Darvesh]

congrats.....

this is another example of for those, who waiting for long time after their appeal allowed, to be remain +ve.

[RizKCB]

after refusal we decided to launch an appeal (which takes 5 mos - refusal recieved April 8 , hearing Sept) and finally got the VISA!!yeheey!!and judge decided to award our appeal cost from HO!

Have you got BRP or just decision of your appeal. Because within a month Hearing decision, fee refund and receiving BRP is truely awesome time to get all things sorted.

[rogue80]

after refusal we decided to launch an appeal (which takes 5 mos - refusal recieved April 8 , hearing Sept) and finally got the VISA!!yeheey!!and judge decided to award our appeal cost from HO!

Have you got BRP or just decision of your appeal. Because within a month Hearing decision, fee refund and receiving BRP is truely awesome time to get all things sorted.

We have the hearing decision letter for now, i gather it would take a while for the BRP and passport to come.Its 5 days passed so we havent received any letter that HO appealed so I guess that is good as BRP is coming v soon..