Tier-1 Entrepreneur Visas Rejected n Made Appeal on 10.05.13

[rps4you]

Hi All,
I got an unfortunate rejection decision from UKBA / HO regarding my tier-1 Entrepreneur application.

Category: Tier-1(Entrepreneur)
Switch from: Tier-1 PSW
Investment Route: 50K route as applying withing the UK and switching from Tier1 PSW

Application Made: 26.10.2012
Biometric: 09.11.2012

Decision: 26.04.2013 - Rejected
Reasons given:

a. My name is not on the advertisement (when I reviewed I found out that it was missed from our end) But the advertisement clearly had company name and landline number

b. The services mentioned on the contract are nor Clear. In fact the services mentioned on the contract are exactly word to word and around the job description from Tier-2 code of practice which was 1132 (Sales and marketing Manager) and the services are related to Marketing services for the client. and so was my Job title. I don't know It was in plain English not in any foreign language. But it was stupid and ridiculous to take decision without even informing the applicant and asking for clarification.

I also took proactive actions and supplied new / revised documents as per new rules / guidance. But unfortunately, the documents reached them on 26.04.2013 and they had made the decision on 24.04.2013.

I met all the requirements and holding 50K in my account since Oct 2012. Not transferred into my business account as was waiting for the VISA outcome.

Now since I have made an appeal and waiting for the acknowledgement.
This protects my legal rights to stay and work in the UK until the decision of the appeal is made.

I have the following questions for you guys:

a. What is the time frame should I expect to get the hearing done and decision made. 1, 2 or 3 months???

b. If it is gonna take longer than 3 months then should I consider applying a FRESH application as per the new guidelines and expect faster outcome.

Which I can do as I have all the paper work ready.


However, there comes out two issues with that:
a. I can apply for fresh application either when I withdraw my appeal or it is rejected.
In either case I got 28 days as a grace period to leave this country, So if make my application during that time can I stay and work here while the application decision is under consideration.

b. If during the appeal process time (2-4 months) I come across an employer who can sponsor me. Give me valid contract, Certificate of sponsorship and job position with valid /recommended salary package. Then can I apply while my application is with UKBA.

Or should I wait for the outcome of the appeal and then apply

Or should I withdraw my application and then apply within 28 days. Will that cover my legal right to Stay and Work in the UK.

I need an absolute clarity on the above possible scenarios....

Please guys let me have your views.
If you need any more information the please let me know.

Regards
RPS

[Imran14]

With my experience in appeals i would say by the time you get the outcome it could be six months..

New application is always a better option if cant wait that long

[Avinine86]

Hi All,
I got an unfortunate rejection decision from UKBA / HO regarding my tier-1 Entrepreneur application.

Category: Tier-1(Entrepreneur)
Switch from: Tier-1 PSW
Investment Route: 50K route as applying withing the UK and switching from Tier1 PSW

Application Made: 26.10.2012
Biometric: 09.11.2012

Decision: 26.04.2013 - Rejected
Reasons given:

a. My name is not on the advertisement (when I reviewed I found out that it was missed from our end) But the advertisement clearly had company name and landline number

b. The services mentioned on the contract are nor Clear. In fact the services mentioned on the contract are exactly word to word and around the job description from Tier-2 code of practice which was 1132 (Sales and marketing Manager) and the services are related to Marketing services for the client. and so was my Job title. I don't know It was in plain English not in any foreign language. But it was stupid and ridiculous to take decision without even informing the applicant and asking for clarification.

I also took proactive actions and supplied new / revised documents as per new rules / guidance. But unfortunately, the documents reached them on 26.04.2013 and they had made the decision on 24.04.2013.

I met all the requirements and holding 50K in my account since Oct 2012. Not transferred into my business account as was waiting for the VISA outcome.

Now since I have made an appeal and waiting for the acknowledgement.
This protects my legal rights to stay and work in the UK until the decision of the appeal is made.

I have the following questions for you guys:

a. What is the time frame should I expect to get the hearing done and decision made. 1, 2 or 3 months???

b. If it is gonna take longer than 3 months then should I consider applying a FRESH application as per the new guidelines and expect faster outcome.

Which I can do as I have all the paper work ready.


However, there comes out two issues with that:
a. I can apply for fresh application either when I withdraw my appeal or it is rejected.
In either case I got 28 days as a grace period to leave this country, So if make my application during that time can I stay and work here while the application decision is under consideration.

b. If during the appeal process time (2-4 months) I come across an employer who can sponsor me. Give me valid contract, Certificate of sponsorship and job position with valid /recommended salary package. Then can I apply while my application is with UKBA.

Or should I wait for the outcome of the appeal and then apply

Or should I withdraw my application and then apply within 28 days. Will that cover my legal right to Stay and Work in the UK.

I need an absolute clarity on the above possible scenarios....

Please guys let me have your views.
If you need any more information the please let me know.

Regards
RPS

I am in a similar situation. I am launching an appeal next week. If you have to make a fresh application, you need to show 200,000 GBP and not 50,000 GBP unless you still have enough time left on your PSW. If you have enough time on your PSW now, I would recommend you to withdraw your appeal and make a fresh application immediately.