T1 Visa Refusal (Out of Policy Guidance )

[MNaveedonline]

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

[rehan01]

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

[rsrameshsunil]

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

The refusal appears to be valid. In cases where applicant was in UK and third party was abroad on the date of legal declaration, you will need two legal representatives (one in UK and one abroad) confirming the respective signatures on the document.

You can still appeal on the grounds of evidential flexibility if you have submitted all the necessary documents but with a few missing contents inside.

[MNaveedonline]

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

Hi Rehan.

My Third Party signed the declaration/Affidavit from his home country and then he had send legal representative letter (Who confirms only third party signature validity only) and declaration/affidavit by post in UK and then i signed the declaration/affidavit.

Is it any Law in UK about signing the declaration/affidavit in front of UK legal representative. I have only this refusal, how i handle this refusal in appeal.

[rsrameshsunil]

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

Hi Rehan.

My Third Party signed the declaration/Affidavit from his home country and then he had send legal representative letter (Who confirms only third party signature validity only) and declaration/affidavit by post in UK and then i signed the declaration/affidavit.

Is it any Law in UK about signing the declaration/affidavit in front of UK legal representative. I have only this refusal, how i handle this refusal in appeal.

The policy guidance says that a legal representative needs to confirm the validity of both the signatures. In your case, your thirdparty's signature is validated by the legal rep letter you provided, but your signature is not validated. Therefore you should have signed your part in front of a UK legal rep and submitted the confirmation of both the reps.

Anyway, you may now appeal on the basis of evidential flexibility. Saying that they should have contacted you to provide the required documents. And that you would have provided them had they contacted.

[MNaveedonline]

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

The refusal appears to be valid. In cases where applicant was in UK and third party was abroad on the date of legal declaration, you will need two legal representatives (one in UK and one abroad) confirming the respective signatures on the document.

You can still appeal on the grounds of evidential flexibility if you have submitted all the necessary documents but with a few missing contents inside.

Mr.rsrameshsunil

The Home office refusal is "No declaration from UK legal representative has been supplied". My question is according to this refusal, I had missed the contents of document or complete document. Because if contents are missing in letter then we appeal for Evidential Flexibilty. whats ur suggestion.

[MNaveedonline]

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

Hi Rehan.

My Third Party signed the declaration/Affidavit from his home country and then he had send legal representative letter (Who confirms only third party signature validity only) and declaration/affidavit by post in UK and then i signed the declaration/affidavit.

Is it any Law in UK about signing the declaration/affidavit in front of UK legal representative. I have only this refusal, how i handle this refusal in appeal.

The policy guidance says that a legal representative needs to confirm the validity of both the signatures. In your case, your thirdparty's signature is validated by the legal rep letter you provided, but your signature is not validated. Therefore you should have signed your part in front of a UK legal rep and submitted the confirmation of both the reps.

Anyway, you may now appeal on the basis of evidential flexibility. Saying that they should have contacted you to provide the required documents. And that you would have provided them had they contacted.

HI rsrameshsuni

In policy guidance the UKBA is asking for signature validity for only Third party and letter from legal representative where the third party living. They did not ask for applicant signature validity. If U dont mind, will you copy paste here for applicant signature validity point in policy guidance. thanks

[rehan01]

I will recommend you to consult wit some solicitor or legal advisor as I don't have much information about it.


Regards

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

HI.. Here we go another refusal.

No declaration from UK legal representative has been supplied to establish that your validity of signature on the 3rd party declaration is valid, as you were not present at the time 3rd party signed the declaration".

My friend is really upset and he said this refusal is out of policy guidance.

Hi Rehan.

My Third Party signed the declaration/Affidavit from his home country and then he had send legal representative letter (Who confirms only third party signature validity only) and declaration/affidavit by post in UK and then i signed the declaration/affidavit.

Is it any Law in UK about signing the declaration/affidavit in front of UK legal representative. I have only this refusal, how i handle this refusal in appeal.

[rizwan567]

I would agree with you on this. In policy guidance it not clear. And logically if a donor is giving the money then UKBA needs his declaration signed in front of legal rep..

Policy guidance addresses the issue that you need multiple legal rep declarations in cases where there are multiple donors. But it is no where clearly stated what to do in cases where donors are abroad and applicant is in UK. So, I would agree on this that refusal is outside policy guidance. Challenge this in appeal and hopefully you will get it.

[mjay]

so I guess your third party is abroad and you guys are in UK?

don't you think you need to supply them with a UK Legal representative declaration confirming your signature? and how come you provide signature on third party declaration in from of legal representative when third party is abroad?

either I am miss understanding your question or you have made mistake like I just explained above?

regards

Hi Rehan.

My Third Party signed the declaration/Affidavit from his home country and then he had send legal representative letter (Who confirms only third party signature validity only) and declaration/affidavit by post in UK and then i signed the declaration/affidavit.

Is it any Law in UK about signing the declaration/affidavit in front of UK legal representative. I have only this refusal, how i handle this refusal in appeal.

The policy guidance says that a legal representative needs to confirm the validity of both the signatures. In your case, your thirdparty's signature is validated by the legal rep letter you provided, but your signature is not validated. Therefore you should have signed your part in front of a UK legal rep and submitted the confirmation of both the reps.

Anyway, you may now appeal on the basis of evidential flexibility. Saying that they should have contacted you to provide the required documents. And that you would have provided them had they contacted.

HI rsrameshsuni

In policy guidance the UKBA is asking for signature validity for only Third party and letter from legal representative where the third party living. They did not ask for applicant signature validity. If U dont mind, will you copy paste here for applicant signature validity point in policy guidance. thanks

Tottly agree with u people are making confussion where in policy guidance they said about the validity of applicant signatures? its just about third party or parties( if more than one third party ) u can go in appeal without any fear u will win it definetely

[MNaveedonline]

A letter from a legal representative confirming the validity of signatures on each third-party declaration provided, which confirms that the declaration(s) from the third party/parties contains the signatures of the people stated. It can be a single letter covering all third-party permissions, or several letters from several legal representatives. It must be an original letter and not a copy, and it must be from a legal representative permitted to practise in the country where the third party or the money is. The letter must clearly show the following:

(1) the name of the legal representative confirming the details,
(2) the registration or authority of the legal representative to practise legally in the country in which the permission or permissions was/were given,
(3) the date of the confirmation letter,
(4) the applicant's name (and the name of the applicant's team partner if the applicant is applying under the provisions in paragraph 52 of this Appendix),
(5) the third party's name,
(6) that the declaration from the third party is signed and valid, and
(7) if the third party is not a venture capitalist firm, seed funding competition or UK Government Department, the number of the third party's identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry.



UKBA not mention applicant validity signature in policy guidance. My questions is whats the general LAW in UK for signing any declaration.thx

[rsrameshsunil]

HI rsrameshsuni

In policy guidance the UKBA is asking for signature validity for only Third party and letter from legal representative where the third party living. They did not ask for applicant signature validity. If U dont mind, will you copy paste here for applicant signature validity point in policy guidance. thanks

Point 100.

i)
• your signature and the signature of the third party (where you have formed an entrepreneurial team, you and your team member must both sign);

In addition you must also provide
ii) A letter from a legal representative confirming the validity of signatures on each third-party
declaration provided.

if you look at point (ii) its says validity of "signatures"- note the "s" here.

gramatically speaking, point(ii) clearly means, every third party declaration document will contain multiple signatures. (one by applicant and one by thirdparty).

[MNaveedonline]

HI rsrameshsuni

In policy guidance the UKBA is asking for signature validity for only Third party and letter from legal representative where the third party living. They did not ask for applicant signature validity. If U dont mind, will you copy paste here for applicant signature validity point in policy guidance. thanks

Point 100.

i)
• your signature and the signature of the third party (where you have formed an entrepreneurial team, you and your team member must both sign);

In addition you must also provide
ii) A letter from a legal representative confirming the validity of signatures on each third-party
declaration provided.

if you look at point (ii) its says validity of "signatures"- note the "s" here.

gramatically speaking, point(ii) clearly means, every third party declaration document will contain multiple signatures. (one by applicant and one by thirdparty).

well if you read complete paragraph then it shows that UKBA need Third Party signatures validity only. Its not clear in policy guidance, but please read complete paragraph again. I am highlighting the main points.


A letter from a legal representative confirming the validity of signatures on each third-party declaration provided, which confirms that the declaration(s) from the third party/parties contains the signatures of the people stated. It can be a single letter covering all third-party permissions, or several letters from several legal representatives. It must be an original letter and not a copy, and it must be from a legal representative permitted to practise in the country where the third party or the money is. The letter must clearly show the following:

(1) the name of the legal representative confirming the details,
(2) the registration or authority of the legal representative to practise legally in the country in which the permission or permissions was/were given,
(3) the date of the confirmation letter,
(4) the applicant's name (and the name of the applicant's team partner if the applicant is applying under the provisions in paragraph 52 of this Appendix),
(5) the third party's name,
(6) that the declaration from the third party is signed and valid, and
(7) if the third party is not a venture capitalist firm, seed funding competition or UK Government Department, the number of the third party's identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry.

[rsrameshsunil]

A letter from a legal representative confirming the validity of signatures on each third-party declaration provided, which confirms that the declaration(s) from the third party/parties contains the signatures of the people stated. It can be a single letter covering all third-party permissions, or several letters from several legal representatives. It must be an original letter and not a copy, and it must be from a legal representative permitted to practise in the country where the third party or the money is. The letter must clearly show the following:

(1) the name of the legal representative confirming the details,
(2) the registration or authority of the legal representative to practise legally in the country in which the permission or permissions was/were given,
(3) the date of the confirmation letter,
(4) the applicant's name (and the name of the applicant's team partner if the applicant is applying under the provisions in paragraph 52 of this Appendix),
(5) the third party's name,
(6) that the declaration from the third party is signed and valid, and
(7) if the third party is not a venture capitalist firm, seed funding competition or UK Government Department, the number of the third party's identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry.



UKBA not mention applicant validity signature in policy guidance. My questions is whats the general LAW in UK for signing any declaration.thx

at Point(6) they are refering to the document as a whole. Meaning, declaration document from the third party is signed and valid. It includes all the signatures present in it.

However, I completely agree with the fact that policy guidance is not 100% clear. You can therefore appeal on the same grounds as you pointed out regarding point 6. In addition to evidential flexibility. I am sure you will win the case.

[Mr Legal]

[quote="MNaveedonline"][quote=

Appeal

[HAC9]

Dear

My Tier 1 Entrepenaur Application £200,000 was refused on 2 basis that :
1. My fathers bank letter of his account in Dubai which shows half the money for me £100,000 does not say that the money is available for me.
2. That the Bank letter of my father does not say that it is regulated by the Central Bank of UAE.

You should note that during the application my father had provided me with q court letter from Dubai like an affidavit which i stamped from the UAE Embassy in the UK, Foreign affairs in UAE etc as well which said the money was available to me by him. his letter was provided to the Home Office. Further more because my fathers bank and other banks in UAE do not provide the rregulation point in the letter as its against their policy i printed out the Regulatory authority which is UAE Central Bank's website with the list of banks and gave it to the HomeOffice.
After all this effort they still refused with the 2 reasons that i gave above.
They did not raise any issue with the £100,000 thats in my UK account nor they raised any issue with the money in my fathers account. All they raised in the refusal is the regulation point and secondly that my fathers bank letter does not have my name saying that his money is avialable to me.

Now they have not given me a right of appeal and i want to apply for JR as my case is genuine. It looks like HO have blindly refused me just like other people.

I have applied for JR. I have also sent HO and treasury solicitor the proof that even Barclays Natwest Banks in UK wont put someone elses name in a bank letter saying this money is available to third party and all that due to Anti money laundering rules. They have already requested extra 21 days to reply on 2 occasions and still no response.

Please advise me on my success rate and what do you think?

Many Thanks