Refusal (contract signature and bank letter) Appeal help!

[refusal87]

Hi all,

I have been following this elite forum for last many years. I need your help please.

PSW to Entrepreneur switch (in country)
Applied Feb 6th 2013, bio on March 1st, refused 29/04/2013.
(no contact from caseworker)

Refused as:
1. I forgot to put mine and clients signatures on the contract.
Although I wrote names, address and everything like landline, email etc. Submitted printed copy and countersigned at bottom of each page. Mine is online website building business and it is not possible to obtain signatures from all clients(well, this might be arguable).

2. Bank letter does not show 'funds disposable in UK'.
I showed 40K in Lloyds personal account and 15K in indian personal account. The indian bank manager provided me letter but did not wrote that 'funds are transferable or disposable'. Although he wrote bank is governed by Reserve bank of India.

Now, please guide if I can appeal and on what basisl?
Shall I hire a lawyer or do it myself(oral or written appeal).
I can provide 'signed original contract' but my bank is still not writing that funds are disposable. However, I can transfer funds to a different bank in India who is happy to provide me the required letter. Will judge consider this new letter as it might be counted as a new evidence?

Please help

[Shinya]

hi, sorry to hear about the refusal. They have done it pretty fast because of the basic format not followed by your bank in India.

Why dont you transfer the money only 10K to UKbank account and file for an appeal.

Regarding signature on the contract, I guess online business contracts need no signature which you can dispute with them and win.

rgds, shinya

[refusal87]

Many thanks for your reply, at least someone helped!

Now if I transfer money to UK and show UK bank statement, is it not going to count as a new evidence which I think is not acceptable at appeal?

Please help!

[therock]

I would suggest to wait for expert advice from senior members. I think showing money from different sources is definitely new evidence and the judge might not accept it. However, investing the money will not count as new evidence.

Let's wait for expert advice, as I was going to start a thread with a similar question.

Come on experts! Help us!!

[tuliprose]

Hi all,

I have been following this elite forum for last many years. I need your help please.

PSW to Entrepreneur switch (in country)
Applied Feb 6th 2013, bio on March 1st, refused 29/04/2013.
(no contact from caseworker)

Refused as:
1. I forgot to put mine and clients signatures on the contract.
Although I wrote names, address and everything like landline, email etc. Submitted printed copy and countersigned at bottom of each page. Mine is online website building business and it is not possible to obtain signatures from all clients(well, this might be arguable).

2. Bank letter does not show 'funds disposable in UK'.
I showed 40K in Lloyds personal account and 15K in indian personal account. The indian bank manager provided me letter but did not wrote that 'funds are transferable or disposable'. Although he wrote bank is governed by Reserve bank of India.

Now, please guide if I can appeal and on what basisl?
Shall I hire a lawyer or do it myself(oral or written appeal).
I can provide 'signed original contract' but my bank is still not writing that funds are disposable. However, I can transfer funds to a different bank in India who is happy to provide me the required letter. Will judge consider this new letter as it might be counted as a new evidence?

Please help

You do not have a strong case to convince the judge as you did not provide the required documents.

The case worker decided your application on the basis of documents you provided.

Even if you transfer all funds into a different bank account now, UKBA representative will argue that case worker decided considering documents at the time of application.

It was possible to show different/additional documents in appeal till 22nd May 2011, but on 23rd May 2011 Section 19 of UK Borders Act 2007 came into force (which means you cann't provide additional documents in appeal).

Now you have got few options:

1. If you want to try appeal, you can do and try your luck. If you do not get decision in your favour then apply within 28 days of appeal refusal notice. (Do not hefty amounts to any solicitors for helping you in appeal as your case is not that strong).

2. If you can transfer all funds into your account and have all required documents ready, then just send fresh application without appealing.

3. If your documents are not ready yet, then just appeal. This will give you more time to stay legally in the UK. Make your documents ready as soon as you can and then withdraw appeal and send fresh application.

Good luck.

[Shinya]

Many thanks for your reply, at least someone helped!

Now if I transfer money to UK and show UK bank statement, is it not going to count as a new evidence which I think is not acceptable at appeal?

Please help!

Do not worry. You have the required funds as per the requirement of UKBA. It was your bank that made the mistake by not writing the words as specified by UKBA.

I still feel you should transfer the money from the same bank to your UK bank account and prove to them with evidence that the funds were indeed disposable but your bank made the mistake. Once they are convinced that you have the funds, the appeal will go in your favour.

This is my opinion. You must still take a good solicitor's advice.
Thanks and best of luck
shinya

[refusal87]

Thanks,

I am really very confused now.

What about evidential flexibility law? In my opinion caseworker should have contacted me to provide correct documents.

My documents were not missing but were in incorrect format(one signature missing in contract and one line missing in bank letter). By law they should have given me 5 working days to rectify this.

Now shall I appeal on my own(oral or paper) or with a solicitor?

[Shinya]

Thanks,

I am really very confused now.

What about evidential flexibility law? In my opinion caseworker should have contacted me to provide correct documents.

My documents were not missing but were in incorrect format(one signature missing in contract and one line missing in bank letter). By law they should have given me 5 working days to rectify this.

Now shall I appeal on my own(oral or paper) or with a solicitor?

you may apply on your own, but please consult a solicitor and draft the appeal properly. The language you use in the appeal must be technically correct. Otherwise, your case will fall flat on your face.

[Mr Legal]

Hi Mr Refusal:

Agreed with Tuliprose,but alternatively,you may have the chance to succeed your appeal if you transfer the funds into your bank account here ,it wont be considered as new evidence under section 85(5) because at the time of your application,you declared that those funds were available to you back from your country and unfortunately,an issue arose for its availability,transfer to you and subsequently its disposable in UK.Now if you may originate your that funds back from your country with proper evidence of transfer to your uk bank account as end of the day you have to transfer the funds once you have engaged in your business activity under T1E visa.So in that context you can argue that you have had your available amount back from your country now in your account here in the UK.There will be no complication or issue for its investment here
Just after you have made it available in the UK account with proper evidence of transfer ,take statement and attach with your appeal alongwith that evidence(western union or something like this)

Hope this will help