baithai1216 wrote:I got the refusal letter of tier 1(Entrepreneur) application. The grounds for refusal are:
1. Applicant has no access to funds:
a) The contract must have appellants name and name of business,the service provided,the name of the other parties and their contact details (including postal code, land line phone number and e-mail address)
2. Funds held in regulated financial institution
a) Appellant did not meet the Trading activity criteria. (the No.1)
3.Funds disposable in the UK.
a) Appellant did not meet the Trading activity criteria. (the No.1)
I have the required fund of more than 50k here in the joint account (me and my team partner for the application) and the reason for refusal of both application is same. I made the contract with another private ltd company in heading I provide the other contracting party which means their company name with address including postal code. But in the contract I did not provide my name just signed under my company name.
In the first page of my contract I provide the service details.
I just received the letter today. I am also seeking your advice regarding the deadline of the appeal.
This is what my refusal letter says for Appendix A. For 25 points under access to 50K it says the following. The strange thing is it says the same thing for the rest two parts which are - money held in a regulated financial institution(25 points) and money is disposable in the UK(25 points).
"You have claimed 25 points for Access to Funds as required under provision (d) of Table
4 of Appendix A of the Immigration Rules.
On the basis of the documents you have provided, however, the Secretary of State is not
satisfied that these meet the requirements specified under Appendix A of the Immigration Rules and you do not qualify for the award of 25 points in this area.
The reasons for this decision are detailed below. You have claimed 25 points for having access to £50,000 under provision (d) of Table 4 of Appendix A of the Immigration
Rules.
You have provided sufficient evidence to demonstrate that you do have access to at least
£50,000.
As you are applying under provision (d) of Table 4, you are required to demonstrate that
you meet the following additional criteria:
(i) are applying for leave to remain,
(ii) have, or were lasted granted, leave as a Tier 1 (post-Study Work) Migrant,
(iii) were, on a date falling within the three months immediately prior to the date of
application,
(1) registered with HM Revenue and Customs as self-employed, or
(2) registered as a new business in which he is a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to administer his business, 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, and provides the specified evidence in paragraph 41-SD,
You have demonstrated that you satisfy (i), and (ii), (iii) above.
For requirement (iv) although you have provided a contract it does not include a landline
phone number as stated in the Immigration Rules.
As a result of the above, you have not demonstrated that you meet the requirements of
the Rules to be awarded points under provision (d) of Table 4 of Appendix A.
You have submitted no evidence that you qualify for points under any of the other
provisions in Table 4 of Appendix A, for example having access to £50,000 and, we have
been unable to award points for this attribute in accordance with Appendix A of the
Immigration Rules. "
My question is how UKBA could be so ignorant that the case worker didnt distinguish the rest two parts of the appendix A. I did submit three letters each confirming the same from Lloyds Bank as requested. My team member got the same letters. Wording mentioned here is exactly the same as it states on our letters.
On top of that theres another ignorant error by the case worker. At the front page where it explains the outcome of the decision briefly it says :-
"You have been awarded xxx points under Appendix A, 0/10 points under Appendix Band 0/10 points under Appendix C. Detailed below is your score for each of the areas in which points were claimed and the reasons for awarding the points scored."
Later on in the explanation they awarded me points under Appendix B and Appendix C. This is ridiculous. Straightaway insult to our efforts. :/
I have applied already and am waiting for appeal hearing.
.
