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I think once you have started your business with the intention to be based it for your Ent:T1 application,it should be fine in accordance with the skilled level 4 or above.yyzim2008 wrote:Hi Guys,
First of all, thank you for looking and advising!
I applied on end of August and Bio did on 12 September
After nearly 9 months waiting, I finally got a letter from our wonderful UKBA. However, it is not a good sign.
Ok now, I state my situation and could you give me some advisor, all of them will be grateful and helpful.
I join in a partnership with British and we share the business (50% and 50%)
My occupation in the business is Financial manager and We are running the business together for almost one year and everything is running ok and profitable.
However, the point make me uncertain is our business is a martial arts school!!!!!! In the school, we teach kickboxing, BJJ and so on. I am not one of coach. I charge the money, account and decision for any payment.
But the UKBA ask for YOU MAIN BUSINESS ACTIVITIES MUST BE WORKING SKILLED TO NQF 4 OR ABOVE. Is it a problem for my Application?
Secondly, I invested 20,000 pounds into the businesses for repair and get new facilities. I got 30,000 in my bank. So, How should I should them I invested in the business already? I could provide my bank statement for 30,000 pounds and 2012-2013 year P/L account and April 2013 P/L account. What else I should provide for my interview?
And What else I need to prepare for my interview?
Really appreciate guys
Best luck for others as well
Thank u for your reply and help. I hope that case worker has exactly same thought with usrizwan567 wrote:you should be fine.
the time you applied, it was not the requirement that the business you do should be at NQF level 4 or above. I think that time it was the requirement that the job you do should be level 4 or above.. So i think you should not be worried on this point
RizKCB wrote:Your uncertainty about your profession is correct. It all depends whether your advertisement material, service contract and profession title are translating each other. Now you have to appear in interview.
Financial manager could satisfy the requirement of level 4 and above job but it would not justify your profession as a service delivery of your business to their clients. Its all about to administer your business internally. Because your main service delivery is to offer sports classes and there is no involvement of Financial Manager in it other than to administer your business at back end.
The policy guidance when you applied does not clarify this issue in detail but latest policy clearly identifies. Caseworkers do not care about it and are putting refusals based on new policies.
I wish you best of luck with doubts of appeal as well.
Hi Last_resortlast_resort wrote:Hi,
I am also in the same situation; I was actually probably misguided by my lawyer and I did not find my business in the SOC list but my job in the business was above 4 level (I hope you get what I mean) and I continued doing it regularly and had already invested some amount in it in '0000s; till somebody told me about this forum and I was confused. Like yyzim, my business was genuinely running when I applied in Dec; I showed reciepts for the same.
Now I got an interview call - Looking at the situation above - can I confidently pitch the same business and show all the investments/receipts in the interview?
My view on this is that if they had to refuse us, they would have done it based on our initial application only and not even call us!
Guys pls help!
Thank you very much tuhcRizKCB wrote:In new policy it is as follow:
(iv) are working 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 of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the UK Border Agency, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.
In old policy (before April 2013) it is as follow:
(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 and above, as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency
When rules changed this year and they forced these rules on old applicants, they also amended 2nd paragraph above to make it 1st paragraph above and assumed 1st paragraph above to force on old applicants as well.
One thing I will advise you personally; mention your occupation as core activity area in your business. The main services of your business to your clients must include the professional duties of your occupation in the business.
Hi RizKCB:RizKCB wrote:In new policy it is as follow:
(iv) are working 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 of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the UK Border Agency, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.
In old policy (before April 2013) it is as follow:
(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 and above, as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency
When rules changed this year and they forced these rules on old applicants, they also amended 2nd paragraph above to make it 1st paragraph above and assumed 1st paragraph above to force on old applicants as well.
One thing I will advise you personally; mention your occupation as core activity area in your business. The main services of your business to your clients must include the professional duties of your occupation in the business.