Finally Tier 1 Visa Refused (Team App) ......Stupid Reasons

[jmoha]

Sorry to hear the bad news,

I really don't think they a point to refuse you on such grounds.

I am confident you will fight back....ALL THE BEST

[educators]

2 months time but now will mke sure tht I get tier 1 sorted before I apply ILR as this is challenge InshAllah

Regards

@rehan

When you will complete your 10 years in UK ?

I pray that you win your appeal however so far now UKBA focus is to avoid people getting settled here in UK. Therefore they have separated 10 year long residency route now from SET(O) form. Now it has to be done on SET(LR) form and before they were not asking for many documents except passport only but now they need a lot of documents for each year of your 10 years stay which I think is not possible for anyone to present. List of those documents are given below:

Doctor’s letter(s) showing registration for each year of your stay and lettes from hospital(s) or other local health service(s)

Council tax letter(s) or bills for each year of your stay

Gas, electricity and water and other domestic bills or statements for each year of your stay

National Insurance contribution records for each year of your stay or P60 forms

HM Revenue and Custom/Inland Revenue letter(s) and/or P60 statements of income tax paid

Employer(s) letter(s) confirming the dates during which you have been employed

Department for Work and Pensions letter(s) and letters or other documents from other government departments or agencies

Full birth certificate(s), ie one which shows the parents names for any of your children born in the UK

Mortgage document(s) showing any property you own in the UK and/or a letter from your landord confirming the period of your tenancy

Any other documents/details which support your application

Link: http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

[papa smurf]

Hi rehan i just saw your post now and i am shocked that your application has been refused just on genuine entrepreneur test. A person like you who has been on this forum for a long time and researched all the pit falls made by the home office. You must fight for your rights here. I cant believe the stupid refusal remarks but i can only say here is BEST OF LUCK and keep all of us updated. GOD bless you.

[rehan01]

Thanks Kamilanwar for you detail reply ...... much appreciated

Thanks jmoha, educators and papa smurf and rest of the member who replied to my post.

I am definitely going to Appeal against the decision and like everyone of you suggested I have strong case .... I will give it my level best to get Tier 1 entrepreneur now even my ILR time will be completed but I want to get this sorted before I apply for ILR coz its fight for my right and I will make sure I do my best to WIN.

once again thanks everyone for the help and support highly appreciated.

regards

[papa smurf]

Hi rehan as you know i switched from Tier4 to Tier1 but you might not know that my first application was refused on the basis of the bank letter. I know how dreadful it is when you get the decision as a refusal for which you have been waiting a long time. But i did not give up my hope and applied again and got the decision in my favor. I believe you also have not lost hope and you will fight it till you are successful. May GOD give you more strength and patience.

[rehan01]

Thanks buddy ..... you guys here on this forum r making me even stronger ... I will definitely fight and will WIN too InshAllah .... As these reasons on which basis they refused my application I have already given them the evidences.

This is what policy guidance says in regards to advertisement .....

"117. You must confirm your business activity and that you are trading.
Business activity
You must provide one or more documents from the following list to confirm your business activity:
• Advertising or marketing material that has been published locally or nationally,
showing your name (and the name of the business if applicable) together with the
business activity. This can include printouts of internet advertising;"

I am so surprise that wht f******g concern they have .... its IT & Marketing business ..... we advertise online with exact details and this is our strength and also this is mention in policy guidance tooo still serious concerns WTF man lol

I transfer funds from my personal account (which statement I have submitted for maintenance) into my joint account which we open just bcz of this Tier 1 bcz joint account give both of us equal access to funds but still I send additional document after submitting application which was decleration from solicitor and letter of consent signed by both myself and my team member.

I said I invested from my personal funds and still maintaining £50K so if I have more than £50k than wht is there to stop me not using my own money for business .... I have given them updated statement which they totally ignore.


regarding Genuine Entrepreneur .... I submitted 1 contract with the initial application and in interview I have provided 4 more contract and 2 of them was completed at that time and client paid already and I have also provided business statement and copies of invoice confirming I have received the payments .... also 2 other contract are still live and will be for another 5 months .... still they think I am not genuine entrepreneur WTF they want me to do ..... have 100 contract and do all this work myself ???


they said I didn't submit any prove that I worked freelance etc .... where in policy guidance it says we have to provide this ? even I am more than happy to get a letter from my employer to provide them to prove my experience ...... even in interview I have provided them with name of company and rest of the details .... if they have concern why didn't they contact them to verify wht I said ? or ask me to provide prove?

basically all documents was update and no silly mistake was made in the docs and advertisement material so in general they have nothing to refuse so they come out with this .....


so let c .... I will make sure I give them nice one .....

regards

Hi rehan as you know i switched from Tier4 to Tier1 but you might not know that my first application was refused on the basis of the bank letter. I know how dreadful it is when you get the decision as a refusal for which you have been waiting a long time. But i did not give up my hope and applied again and got the decision in my favor. I believe you also have not lost hope and you will fight it till you are successful. May GOD give you more strength and patience.

[mjay]

Thanks buddy ..... you guys here on this forum r making me even stronger ... I will definitely fight and will WIN too InshAllah .... As these reasons on which basis they refused my application I have already given them the evidences.

This is what policy guidance says in regards to advertisement .....

"117. You must confirm your business activity and that you are trading.
Business activity
You must provide one or more documents from the following list to confirm your business activity:
• Advertising or marketing material that has been published locally or nationally,
showing your name (and the name of the business if applicable) together with the
business activity. This can include printouts of internet advertising;"

I am so surprise that wht f******g concern they have .... its IT & Marketing business ..... we advertise online with exact details and this is our strength and also this is mention in policy guidance tooo still serious concerns WTF man lol

I transfer funds from my personal account (which statement I have submitted for maintenance) into my joint account which we open just bcz of this Tier 1 bcz joint account give both of us equal access to funds but still I send additional document after submitting application which was decleration from solicitor and letter of consent signed by both myself and my team member.

I said I invested from my personal funds and still maintaining £50K so if I have more than £50k than wht is there to stop me not using my own money for business .... I have given them updated statement which they totally ignore.


regarding Genuine Entrepreneur .... I submitted 1 contract with the initial application and in interview I have provided 4 more contract and 2 of them was completed at that time and client paid already and I have also provided business statement and copies of invoice confirming I have received the payments .... also 2 other contract are still live and will be for another 5 months .... still they think I am not genuine entrepreneur WTF they want me to do ..... have 100 contract and do all this work myself ???


they said I didn't submit any prove that I worked freelance etc .... where in policy guidance it says we have to provide this ? even I am more than happy to get a letter from my employer to provide them to prove my experience ...... even in interview I have provided them with name of company and rest of the details .... if they have concern why didn't they contact them to verify wht I said ? or ask me to provide prove?

basically all documents was update and no silly mistake was made in the docs and advertisement material so in general they have nothing to refuse so they come out with this .....


so let c .... I will make sure I give them nice one .....

regards

Hi rehan as you know i switched from Tier4 to Tier1 but you might not know that my first application was refused on the basis of the bank letter. I know how dreadful it is when you get the decision as a refusal for which you have been waiting a long time. But i did not give up my hope and applied again and got the decision in my favor. I believe you also have not lost hope and you will fight it till you are successful. May GOD give you more strength and patience.

sorry about refusal God will help every one.you said you spend from your personal account into ur business so whats the point to keep £50000 I mean u should spend money from ur £50000 which u kept for the business 50k is still there and u spend other money this point have to be proved

[babylondoner]

.

I am also wearing the same shoes and waiting for hearing date.

No need to separate them in two options as there is no concept like that.Its all about to invest after starting the business. I didnt advise to spend on furniture, office etc etc. Simply i said what Rehan spent from personal account should be spent through 50000. Rehan also spent/invested but from personal account (Point to understand). But still its good because he spent to run business regardless of personal or business account. Judge would not ignore you if you are running business and have investments more or less I bet.

The letter which you referred received in March interprets like funds should be available throughout your visa BUT not only at the time of application and could be invested time to time whenever needed. If you have invested then show accountants docs. But if your application takes 6 months to decide then I personally recommend to keep your business running and paying any basic expenses from business account. It helps if you are refused.

Rehan's case is strong and excellent chances to win as there is nothing serious there but still need to prepare with care.

pls check the application form again? there are sections where applicants are asked if they've invested the 50,000 or not or if the have access to the full 50,000.

you have a point though about rehan saying he was investing in funds from his personal account.

regarding the letter about the rules change sent out in March, please read it again. the funds are to be maintained throughout the pending application OR the funds could be invested with evidence confirming this.

[mjay]

.

I am also wearing the same shoes and waiting for hearing date.

No need to separate them in two options as there is no concept like that.Its all about to invest after starting the business. I didnt advise to spend on furniture, office etc etc. Simply i said what Rehan spent from personal account should be spent through 50000. Rehan also spent/invested but from personal account (Point to understand). But still its good because he spent to run business regardless of personal or business account. Judge would not ignore you if you are running business and have investments more or less I bet.

The letter which you referred received in March interprets like funds should be available throughout your visa BUT not only at the time of application and could be invested time to time whenever needed. If you have invested then show accountants docs. But if your application takes 6 months to decide then I personally recommend to keep your business running and paying any basic expenses from business account. It helps if you are refused.

Rehan's case is strong and excellent chances to win as there is nothing serious there but still need to prepare with care.

pls check the application form again? there are sections where applicants are asked if they've invested the 50,000 or not or if the have access to the full 50,000.

you have a point though about rehan saying he was investing in funds from his personal account.

regarding the letter about the rules change sent out in March, please read it again. the funds are to be maintained throughout the pending application OR the funds could be invested with evidence confirming this.

yes but either you have access £50000 or u spend some from £50000 and the rest u have to show but in his case he spend not from £50k but from his personal savings if he want to show investment he should have to spend from his 50k what ever is the amount and the rest he can show in his business account

[babylondoner]

yes but either you have access £50000 or u spend some from £50000 and the rest u have to show but in his case he spend not from £50k but from his personal savings if he want to show investment he should have to spend from his 50k what ever is the amount and the rest he can show in his business account

i agree.

the point i am trying to make is that you either HAVE FULL ACCESS TO THE 50K OR YOU HAVE INVESTED SOME OR ALL OF IT . either of the two is fine.

in rehan's case, maybe he should have told them he was spending from his 50k investment

[RizKCB]

babylonder I got your point, only thing I wanted to convey that if you applied within three months of business registration then there are no options of A or B. Just continue your business at basic expenses if there are any. In this case if unfortunately decision of refusals come after 6-8 months then you have solid point to present in front of judge that you are struggling to run your business with basic expenses. You may emphasize on that you have strong opportunities but risk of loss is there because of visa limitations.

A guy who spends £500 to run his business is better than a guy who dont spend anything for 6-8 months and claims to run a business.

Immigration judges normally consider your case positively and listens carefully, they also consider other points normally not exactly mentioned in the refusal reasons to justify the credibility of the applicant.

Further you may read it under We May Ask You section:
http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur

Rehan's case is genuine with exception of some little managerial issues. Only UKBA tried to stop him from 10 years residency.

[babylondoner]

babylonder I got your point, only thing I wanted to convey that if you applied within three months of business registration then there are no options of A or B. Just continue your business at basic expenses if there are any. In this case if unfortunately decision of refusals come after 6-8 months then you have solid point to present in front of judge that you are struggling to run your business with basic expenses. You may emphasize on that you have strong opportunities but risk of loss is there because of visa limitations.

A guy who spends £500 to run his business is better than a guy who dont spend anything for 6-8 months and claims to run a business.

Immigration judges normally consider your case positively and listens carefully, they also consider other points normally not exactly mentioned in the refusal reasons to justify the credibility of the applicant.

Further you may read it under We May Ask You section:
http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur

Rehan's case is genuine with exception of some little managerial issues. Only UKBA tried to stop him from 10 years residency.

many thanks for this link.

did you notice this part:

We may ask you to:

provide additional information, for example business plans and evidence of market research, to confirm the genuineness of your application;

and demonstrate that you continue to have access to the funds AHEAD of them being invested in a UK business. You may have moved money into your business in the meantime. If so, you will need to provide the business accounts or accountant certificate showing that you have invested the funds in the business, together with the updated evidence of any remaining monies to make up your full investment.

the key phrase here is '' and demonstrate that you continue to have access to the funds AHEAD of them being invested in a UK business. ''

so basically, as long as your application is pending, there is no requirement to start investing the 50,000 pounds.

[RizKCB]

Yes there is NO REQUIREMENT neither I have insisted that it is required. I am just saying that it is better.

If you claim a business is running then how you are running it? Why you attached a contract? Why you advertised it? From where you spent money for advertisement? If you are paying for any business insurance then from which account? If you are putting travelling cost like mileage, diesel, patrol then from where you are paying it?

If you are not doing anything like this then how do you claim to be a genuine entrepreneur? How do you claim to run a business?

I am again saying, IT IS NOT REQUIRED but BETTER... caseworkers are night mares so they create problems. Judge will listen you.

[Kokopop]

Am speechless rehan, but all the same I wish you luck and am more than sure you are going to win the appeal . Cheers mate !!

[rehan01]

Thanks kokopop.

Regards

Am speechless rehan, but all the same I wish you luck and am more than sure you are going to win the appeal . Cheers mate !!

[sky_rise]

Rehan, truth is on your side and we all know it. We all pray for you to get the hard earned visa and residency.

[rehan01]

Yes I agree wit both of u rizkcb and babylondoner ....... Thanks a lot for ur time and effort for putting all tis information and argument it will definately be vry helpful for many of us.


I got both ur points like u said its beter if u show little bit investment it shows u r heading into right directions but again when u show u working frm home etc its hard to do this and than again provide proof of tht and accountant certificate and unaudited account .... So in my case I had access to more than 50K .... I had 60 K in my account and whtever I spend it was from that money but stil I manage to keep it above 50K and I never said I am claiming any points for investment ... If u knw wht I mean.

My answer was personal funds so all this is my personal funds even tht 50k which I am using to claim points.

Regarding expenses I gave same answer that fuel money etc I am managing it myself rather than investing frm my funds bcz I don't want to touch that money till I get decision on my application.

May be I have done wrong way but that how I think and basis on above I answered them.


Regards

[rsrameshsunil]

Looks like its a brand new case worker who joined work recently took up your case unfortunately. Tried to act meticulous infront of his boss.

[rehan01]

Don't worry will make sure they pay back for all this, un necessary stress and trouble cause by this in my life .....


Regards

Looks like its a brand new case worker who joined work recently took up your case unfortunately. Tried to act meticulous infront of his boss.

[opportunist]

[quote="educators"][quote="rehan01"]2 months time but now will mke sure tht I get tier 1 sorted before I apply ILR as this is challenge InshAllah

Regards

[quote="tuliprose"]@rehan

When you will complete your 10 years in UK ?[/quote][/quote]

I pray that you win your appeal however so far now UKBA focus is to avoid people getting settled here in UK. Therefore they have separated 10 year long residency route now from SET(O) form. Now it has to be done on SET(LR) form and before they were not asking for many documents except passport only but now they need a lot of documents for each year of your 10 years stay which I think is not possible for anyone to present. List of those documents are given below:

Doctor’s letter(s) showing registration for each year of your stay and lettes from hospital(s) or other local health service(s)

Council tax letter(s) or bills for each year of your stay

Gas, electricity and water and other domestic bills or statements for each year of your stay

National Insurance contribution records for each year of your stay or P60 forms

HM Revenue and Custom/Inland Revenue letter(s) and/or P60 statements of income tax paid

Employer(s) letter(s) confirming the dates during which you have been employed

Department for Work and Pensions letter(s) and letters or other documents from other government departments or agencies

Full birth certificate(s), ie one which shows the parents names for any of your children born in the UK

Mortgage document(s) showing any property you own in the UK and/or a letter from your landord confirming the period of your tenancy

Any other documents/details which support your application

Link: http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf[/quote]



@Educator.....We dont have to provide all these including in your post, they said provide which is relevant to you. No one provide the whole list ever.

[entrepreneur123]

you do not need to give any of the documents you listed. You need it if you cannot provide your passport. you missed this paragraph i think

"All the passports you have held during this time. If you cannot provide them all, you must
provide the passports you have together with any Home Office letter(s) or other document(s)
granting you leave to enter and/or remain in the UK. You should also provide documents of the
type listed below to show that you were continuously resident in the UK during any periods for
which you are unable to provide a passport."

2 months time but now will mke sure tht I get tier 1 sorted before I apply ILR as this is challenge InshAllah

Regards

@rehan

When you will complete your 10 years in UK ?

I pray that you win your appeal however so far now UKBA focus is to avoid people getting settled here in UK. Therefore they have separated 10 year long residency route now from SET(O) form. Now it has to be done on SET(LR) form and before they were not asking for many documents except passport only but now they need a lot of documents for each year of your 10 years stay which I think is not possible for anyone to present. List of those documents are given below:

Doctor’s letter(s) showing registration for each year of your stay and lettes from hospital(s) or other local health service(s)

Council tax letter(s) or bills for each year of your stay

Gas, electricity and water and other domestic bills or statements for each year of your stay

National Insurance contribution records for each year of your stay or P60 forms

HM Revenue and Custom/Inland Revenue letter(s) and/or P60 statements of income tax paid

Employer(s) letter(s) confirming the dates during which you have been employed

Department for Work and Pensions letter(s) and letters or other documents from other government departments or agencies

Full birth certificate(s), ie one which shows the parents names for any of your children born in the UK

Mortgage document(s) showing any property you own in the UK and/or a letter from your landord confirming the period of your tenancy

Any other documents/details which support your application

Link: http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

[harry153]

Sorry to hear the bad news, rehan..
We all pray for you..

[rehan01]

Thanks sky rise for ur kind words

Regards

Rehan, truth is on your side and we all know it. We all pray for you to get the hard earned visa and residency.

[educators]

Thanks for pointing out the statement which i missed

you do not need to give any of the documents you listed. You need it if you cannot provide your passport. you missed this paragraph i think

"All the passports you have held during this time. If you cannot provide them all, you must
provide the passports you have together with any Home Office letter(s) or other document(s)
granting you leave to enter and/or remain in the UK. You should also provide documents of the
type listed below to show that you were continuously resident in the UK during any periods for
which you are unable to provide a passport."

[KickAss]

Rehan !!!!!!!
Just came to know about this
Sorry to hear this mate
You will win the appeal for sure mate...
Just to let you know that the point that you have raised about expenses from personal money is absolutely legitimate !
These expenses that you pay from your pocket like travelling to client side and lunch at client side are valid company expenses which can be later claimed as "Out of Pocket expenses".

Yes I agree wit both of u rizkcb and babylondoner ....... Thanks a lot for ur time and effort for putting all tis information and argument it will definately be vry helpful for many of us.


I got both ur points like u said its beter if u show little bit investment it shows u r heading into right directions but again when u show u working frm home etc its hard to do this and than again provide proof of tht and accountant certificate and unaudited account .... So in my case I had access to more than 50K .... I had 60 K in my account and whtever I spend it was from that money but stil I manage to keep it above 50K and I never said I am claiming any points for investment ... If u knw wht I mean.

My answer was personal funds so all this is my personal funds even tht 50k which I am using to claim points.

Regarding expenses I gave same answer that fuel money etc I am managing it myself rather than investing frm my funds bcz I don't want to touch that money till I get decision on my application.

May be I have done wrong way but that how I think and basis on above I answered them.


Regards