Got a Interview Letter but feel less confident HELP PLZ!

[yyzim2008]

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

[Mr Legal]

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

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.
So far as your question of interview is concernd,you should not be worried about it,you have your business back from one year.So you need to take with you the proof of invested amount which is invoices etc.sale purchase order,bank statement for both investment plus the available amount and other related evidence that your business is running and you are engaged in it actively.

[rizwan567]

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]

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.

[yyzim2008]

Re MR LEGAL
Thank u for your reply. Up you make me feel much better. Hopefully they can think about how is the business running instead of which kind of business I do.

[yyzim2008]

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

Thank u for your reply and help. I hope that case worker has exactly same thought with us

[yyzim2008]

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.

Thank you. It is all I worries about. I am not worries about the money or proof of business I even hired 4 more part time staffs to help business running

What I can do is trying to provide as much evidence as I can to show the business is running good and can help them to solve a couple of unemployment issues.

Thanks again

[yyzim2008]

any more idea guys?

[last_resort]

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!

[yyzim2008]

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!

Hi Last_resort

I asked a few agencies about the our situation. What they said is we do not need worry about the business activities as we applied before the policy changed. But I am still not confident enough. Therefore I am preparing huge amount of evidence to show the business activities and let them know the business running well.

The only question is how do you want to show you investment? As my investment is through business account. I mean I transfer money into business account and pay money from business account.

Regard
andy

[RizKCB]

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.

[tuhc]

Hi RizKCB, a quick question for you, i have applied my visa before 5 April, and my Business comes under waste and remediation(Recycling Business), and i showed my job titale a Sales and Business Development Manager,

so what your opinion about my business activity and job title, would it meet tier I Entrepreneur requirment (psw) route ??

Waiting for your reply.
Thanks.

[yyzim2008]

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.

Thank you very much tuhc

I will try to make it like Financial part is incredibly important in the whole business.

[RizKCB]

@tuhc
It should be fine as far as your services in your contract relates to both Recycling Business and Sales & Business Development Manager.


For an accurate assessment; what you fall in and what your title should be:

In SOC 2010 Vol 1
(Here you will also find the description of duties under this title)

1255 Waste disposal and environmental services managers

Description:
WASTE DISPOSAL AND ENVIRONMENTAL SERVICES MANAGERS:
Waste disposal and environmental services managers plan, organise, direct and co-ordinate the operations and development of waste disposal and related environmental services facilities within private firms or public authorities.

TASKS:
Determines staffing, financial, material and other short and long-term requirements
Manages and delegates tasks to staff and co-ordinates the maintenance and optimum utilisation of waste disposal and related equipment to provide an efficient service;
Monitors levels of waste disposal, recycling and related environmental services, compiles statistics and produces reports;
Liaises with members of the local community to educate and promote the concept of recycling and appropriate waste management;
Keeps up to date with new legislation and liaises with appropriate regulatory bodies to ensure compliance with legislation regarding waste disposal and environmental services;
Co-ordinates the resources and activities relating to the procurement, collection, storage, processing and sale of scrap metal and related products.

(You can select and modify from upper tasks which suits and relates you and put them as service delivery in the contract with clients)


Now in SOC 2010 Vol 2

Search 1255 and find out the most suitable designation for you.
For example:
Manager (Waste Disposal) OR Manager (Recycling)
It comes at NQF level 4. (Dont push yourself unnecessarily to Level 6)

Hope it helps to understand

[yyzim2008]

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:

Sorry to bother you again.

But I really need suggestion.

How could I make my business sound like a Level 4 business ?

My business is a full time Martial arts School

Regards
andy

[tuhc]

Hi RizKCB, Thanks for your excellent clarification, but i am still confused about services in your contract relates to both Recycling Business and Sales & Business Development Manager,HI how could I show in contract things that’s relatives to sales and business development manager, because the contract is between two recycling companies, and our client sent us the wasted plastic material and we do the shredding work for them, as I am sales and business manager so my duties are making new clients for business and give them information about our companies services and product, but how could I mention these thing in a contract. As I believes contract should shows the services which our business provides to our client. Need your expert advice please.

[RizKCB]

@tuhc
Normally in contract your main aim is to be agreed on some terms and conditions of MAIN SERVICES you are providing to your client. Definitely those MAIN SERVICES relate to your actual business (Core Activities).

If you say your main business is Waste Recycling, then definitely the contract with clients would be based on Waste Recycling related tasks NOT about business development. Business development would be administrative task for the company. For Example: Grundon (A recycling company) contracts to pickup skips and bins of different recycling material of their clients, it does not contract to develop the business of their clients. If somebody is in Grundon is acting as Development Manager then he is performing administrative task to research on new opportunities. But if someone is Manager (Recycling) then he is directly involve in the MAIN SERVICE delivery.

Now at this point what is your role?

Are you director of Recycling Business?
OR
A Recycling Business is your client?

[RizKCB]

@yyzim2008

I am following this link to find the level of profession:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

Your SOC Code seems to fall in 3442 but I am not able to find its level here.

[tuhc]

Hi RizKCB, i have invested in a alredy exsited recycling business, and yes i am Director of that business, there is another one director and Secretory of that business, and my JOB Title here is Sales and Business Development Manager.

Does it fullfill the UKBA Requirments ?

[RizKCB]

@tuhc

What did you mention in contract? I mean the services you offering your client?

Do these services belong to any of the services related to Recycling?
Do these services belong to any of the activities by Sales & Business Dev Manager?
If yes to both above questions then it should be fine i think.
Otherwise they may call you for interview for further clearance.

[RizKCB]

Actually you have to satisfy following paragraph:

"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."

[tuhc]

Hi, All services i mentioned in the contract relates to Recaycling, its signed by me as a Director, However on the advertisment showing the names of all recyaling services and my name as a sales and business develpemnt manager for further details.

[yyzim2008]

@RizKCB

Hi Mate:

I found the code 3442, it is sport coach.

My question is my business service is sport but I am not a coach.

So Will I still fall into 3442?

Meanwhile, How should I answer this question ?
Do you plan to settle in the UK?

Sorry to bother you again and again

Regards
YYZIM