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Can make fresh application after sending appeal ?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Can make fresh application after sending appeal ?

Post by sweetmaanu » Tue Apr 30, 2013 12:18 pm

Is it allowed to re-apply after sending appeal letter ?

Visa has been rejected because of fund reason.

At the moment I have 50k to show in my bank till receive VISA

Can I make fresh application and withdraw appeal ?


please give me a good advice

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Tue Apr 30, 2013 12:57 pm

sweetmaanu

can you please give us the FULL reason why your visa wasd refused?

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Tue Apr 30, 2013 1:03 pm

One of the main refusal reason was "Available fund is £42,500 only". My accountant says there is possibility to win at the same time some of the accounting experts says that there is no possibility to win from court.

So I am thinking to maintain the fund and make fresh application

I already sent appeal letter.
Can I withdraw and submit fresh application ?

Thanks for your interest to reply
babylondoner wrote:sweetmaanu

can you please give us the FULL reason why your visa wasd refused?

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Tue Apr 30, 2013 1:19 pm

the policy guidance clearly states that you 50,000 pounds in your account. so i dont understand how you will apply with 42,500pounds :?

i think appealing in this case is a waste of time. you are better off reapplying (with ALL the required documnets) if your current visa is yet to expire.

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Tue Apr 30, 2013 1:28 pm

I think accountant was cheating me :(
He says rest of the money are invested, we are applying through invested category so that money enough because we invested rest bla bla bla

My PSW expired on February. There was option for fresh application in refusal letter. I didn't get enough fund when I get refusal letter. Now I am willing to make fresh application.

Do you think I can withdraw appeal and make fresh applications ?

I have strong supporting documents contracts, invoice, advertisement..etc

Thanks again for your reply (Y)
babylondoner wrote:the policy guidance clearly states that you 50,000 pounds in your account. so i dont understand how you will apply with 42,500pounds :?

i think appealing in this case is a waste of time. you are better off reapplying (with ALL the required documnets) if your current visa is yet to expire.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Tue Apr 30, 2013 2:06 pm

since your visa has expired, i doubt if you can make a fresh application for the same cartegory. i doubt if there is any other cartegory you can switch to (except you want to claim asylum or you have an employer willing to sponsor you).

you might just have to appeal.

you can wait for more advice from the moderators

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Tue Apr 30, 2013 2:20 pm

Unfortunately I didn't get enough fund for fresh applications
At that time I had option for fresh application

if you think any other solution please let me know

Thank you very much for all your advice
babylondoner wrote:since your visa has expired, i doubt if you can make a fresh application for the same cartegory. i doubt if there is any other cartegory you can switch to (except you want to claim asylum or you have an employer willing to sponsor you).

you might just have to appeal.

you can wait for more advice from the moderators
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HeretoHelp
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Posts: 36
Joined: Wed Apr 24, 2013 8:25 pm

Post by HeretoHelp » Tue Apr 30, 2013 2:33 pm

I think you can make a fresh application as long as you have your appeal in progress but yes you have to withdraw your appeal later on. I am sure you can make an application to another category but can't say if you can apply again for the same category if your visa is already expired.

I would also like to know if that is possible. :?

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Tue Apr 30, 2013 9:03 pm

HeretoHelp wrote:I think you can make a fresh application as long as you have your appeal in progress but yes you have to withdraw your appeal later on. I am sure you can make an application to another category but can't say if you can apply again for the same category if your visa is already expired.

I would also like to know if that is possible. :?
unfortunately I got useless accountant :( I didn't know he was playing with my future

From your point of view Can I make tier 1 (entrepreneur) ?

rooney0511
Member
Posts: 227
Joined: Tue May 03, 2011 6:49 pm

Re: Can make fresh application after sending appeal ?

Post by rooney0511 » Wed May 01, 2013 7:44 am

sweetmaanu wrote:Is it allowed to re-apply after sending appeal letter ?

Visa has been rejected because of fund reason.

At the moment I have 50k to show in my bank till receive VISA

Can I make fresh application and withdraw appeal ?


please give me a good advice
You can make a fresh application within 28 days from your refusal date or appeal decision date to whichever category you like, (even Tier 1 Ent again also).
But be careful of the technicality. If you withdraw your appeal the date will go back to the refusal date and 28 days are counted from there, So if 28 days have passed then let the appeal go forward, wait for whatever result you get and if its a refusal go and make a fresh application within 28 days from that date.

shahbazali
- thin ice -
Posts: 226
Joined: Tue May 18, 2010 12:35 am

Post by shahbazali » Wed May 01, 2013 9:24 am

I am wondring why you want to withdraw your appeal. if you are successful to show you have already invested the remaining funds, I beleive you will win the appeal.

UKBA demanding us to establish business before applying. i.e company registration, lease, business plan, contracts, etc. so it is vital when you will start your company you must spend some money. like paying rent, lease legal expenses, office furniture, website expenses. so consult another lawyer and accountant and try to show you have invested. it is more geniunness that you have started your geniun business.

LEGAL SOLUTION
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Posts: 41
Joined: Mon Mar 25, 2013 6:24 pm

re you query

Post by LEGAL SOLUTION » Wed May 01, 2013 11:35 am

hi

do not withdraw your appeal as in that case you would lose your 28 days grace period. let it be decided and within 28 days of decision, file a fresh application.

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Re: re you query

Post by sweetmaanu » Fri May 03, 2013 9:26 am

LEGAL SOLUTION wrote:hi

do not withdraw your appeal as in that case you would lose your 28 days grace period. let it be decided and within 28 days of decision, file a fresh application.
Thanks for your advice :)

let me prepare for fresh application with in this time. I don't wanna backhome ;)

If I fail from court from next day I can apply for same category or other one isn't ?

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Fri May 03, 2013 9:30 am

shahbazali wrote:I am wondring why you want to withdraw your appeal. if you are successful to show you have already invested the remaining funds, I beleive you will win the appeal.

UKBA demanding us to establish business before applying. i.e company registration, lease, business plan, contracts, etc. so it is vital when you will start your company you must spend some money. like paying rent, lease legal expenses, office furniture, website expenses. so consult another lawyer and accountant and try to show you have invested. it is more geniunness that you have started your geniun business.
Yes, I have already invested and also the company got two contract and thy started to paying money for the services.

Do you think I can change accountant when I go for hearing at court ?

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Fri May 03, 2013 9:34 am

shahbazali wrote:I am wondring why you want to withdraw your appeal. if you are successful to show you have already invested the remaining funds, I beleive you will win the appeal.

UKBA demanding us to establish business before applying. i.e company registration, lease, business plan, contracts, etc. so it is vital when you will start your company you must spend some money. like paying rent, lease legal expenses, office furniture, website expenses. so consult another lawyer and accountant and try to show you have invested. it is more geniunness that you have started your geniun business.
Yes, I have already invested and also the company got two contract and thy started to paying money for the services.

Do you think I can change accountant when I go for hearing at court ?

tuhc
Junior Member
Posts: 83
Joined: Thu Mar 28, 2013 2:22 pm

Post by tuhc » Fri May 03, 2013 10:14 am

Hi Sweetmaanu, did your accountant provided the managment accounts or unaudited account of your company with your last application to show that money has beeen invested in business ? because i applied under the same Categorie and i provided company unaudited accouts with the accountantn certificated to show that money been invested. applied last month, waiting for result !

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Fri May 03, 2013 10:54 am

tuhc wrote:Hi Sweetmaanu, did your accountant provided the managment accounts or unaudited account of your company with your last application to show that money has beeen invested in business ? because i applied under the same Categorie and i provided company unaudited accouts with the accountantn certificated to show that money been invested. applied last month, waiting for result !
I spoke with him after getting refusal letter. He just showed me single page which say money details only(how much money spend & invested bla bla) and told me that this is the unaudited account certificate.

I don't a single piece of paper is the unaudited account certificate that is why I have no enough confident to win at court. At the same time the company getting contracts :(

At the same the refusal letter didn't mention that applicant didn't provide that unaudited accouts with the accountant certificate. I think there is hope in that. We clearly say that UKBA didn't ask that letter and this is the letter if I can change accountant(my knowledge not perfect ;) )

what is your opinion ?

thank you very much for spending time for me thanks a lot

tuhc
Junior Member
Posts: 83
Joined: Thu Mar 28, 2013 2:22 pm

Post by tuhc » Fri May 03, 2013 11:01 am

Hi Sweetmaanu, then i am sure he definatly cheated you because unaudited accounts is not just one page.

tuhc
Junior Member
Posts: 83
Joined: Thu Mar 28, 2013 2:22 pm

Post by tuhc » Fri May 03, 2013 11:04 am

yes you can try this but its clearly mention in policy guideline that you much provide unaudited accounts and accountant certificate to prove money has been invested in business in last 12 month.

sweetmaanu
Newbie
Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Fri May 03, 2013 11:12 am

tuhc wrote:yes you can try this but its clearly mention in policy guideline that you much provide unaudited accounts and accountant certificate to prove money has been invested in business in last 12 month.
At that time I was not that much aware. The accountant very good in lip-service :( I didn't know that he was playing with my career and future.

that's why I am looking for solution to submit fresh application in the UK or solution win at court

rayuk
Junior Member
Posts: 65
Joined: Wed May 08, 2013 11:17 am
United Kingdom

Post by rayuk » Wed May 08, 2013 11:27 am

Sorry to hear that, hope you will get past this stupid accountant's mistake.
My application also got refused as they say that accountant's certificate was missing. The accountant had sent the registration number and signed on their company's letterhead. UKBA still refused application.

We can re-apply under Tier-1 entrepreneur category within 28 days? I will Appeal. Is it sure we are also allowed to re-submit application if needed? Where did you get this info.? Good to know all options...
& good luck to all!

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Can make fresh application after sending appeal ?

Post by vinny » Wed May 08, 2013 11:37 am

rooney0511 wrote:But be careful of the technicality. If you withdraw your appeal the date will go back to the refusal date and 28 days are counted from there, So if 28 days have passed then let the appeal go forward, wait for whatever result you get and if its a refusal go and make a fresh application within 28 days from that date.
That may not be correct.
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tuhc
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Post by tuhc » Wed May 08, 2013 12:06 pm

Hi rayuk, did u summited your company unaudited account with your application ? how much money did you showed under already invested Categorie ?

Thanks in advance 1

sweetmaanu
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Posts: 32
Joined: Wed Apr 09, 2008 12:31 pm

Post by sweetmaanu » Wed May 08, 2013 12:32 pm

rayuk wrote:Sorry to hear that, hope you will get past this stupid accountant's mistake.
My application also got refused as they say that accountant's certificate was missing. The accountant had sent the registration number and signed on their company's letterhead. UKBA still refused application.

We can re-apply under Tier-1 entrepreneur category within 28 days? I will Appeal. Is it sure we are also allowed to re-submit application if needed? Where did you get this info.? Good to know all options...
& good luck to all!
I think in your canse you can win from the court with the documents

Appeal is long term process :( that is the reason searching is there any option for fresh application and also I am not sure that I can win with this accountant documents.

It is really hard to get contract with companies until receiving VISA.

If there is an option to do that I can submit fresh application with a good accountant :)

one of friends friend did same way appealed and sent fresh application but it was different category which HSMP

rayuk
Junior Member
Posts: 65
Joined: Wed May 08, 2013 11:17 am
United Kingdom

Post by rayuk » Thu May 09, 2013 12:52 pm

@sweetmaanu: I think the court might consider if the mistake was the Accountant's...
It is still not clear though if we can actually 'Re-apply' with new application within the 28 days if the Tribunal declines the appeal. Any EXPERTS can comment on this?
@tuhy: Management accounts showed the £50k as investment...

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