Just got refusal.. pls help

[PP1234]

Just got refused for entrepreneur visa because of not having access to funds, Under immigration rule 245 DD (b) & under appendix A.

Anyone knows what is this?

[babylondoner]

Sorry to hear that.

You need to Post your full refusal details and information on all the documents you submitted with your application. This will help people in advising you.

[PP1234]

Sorry to hear that.

You need to Post your full refusal details and information on all the documents you submitted with your application. This will help people in advising you.

they haven't given any other reason, just one objection, you don't have access to these funds according to immigration paragraph 245 DD (b) & appendix A, i don't know how.. it was my father statement and i send them a letter from solicitor and an affidavit as well.. don't know why would they reject it and how i don't have access to those funds. they have awarded me all other 70 points.. Except 25 points for access to funds.

[babylondoner]

Answer these three questions please?

1)Where was the funds maintained? Uk or abroad.

2)Has the funds been maintained throughout?

3)Did you follow the "3rd party funds letter format" as stipulated by ukba?

[PP1234]

Answer these three questions please?

1)Where was the funds maintained? Uk or abroad.

2)Has the funds been maintained throughout?

3)Did you follow the "3rd party funds letter format" as stipulated by ukba?

Funds are in Pakistan.
Yeah funds are still available, even i gave them fresh statement in my interview, also they have allocated me points for funds disposable in uk, just didnt give me points for access to
funds.. iam not sure, but i think i followed the same format.

[rsrameshsunil]

Answer these three questions please?

1)Where was the funds maintained? Uk or abroad.

2)Has the funds been maintained throughout?

3)Did you follow the "3rd party funds letter format" as stipulated by ukba?

Funds are in Pakistan.
Yeah funds are still available, even i gave them fresh statement in my interview, also they have allocated me points for funds disposable in uk, just didnt give me points for access to
funds.. iam not sure, but i think i followed the same format.

I am sorry but the detailing is still not sufficient for any of us to give our opinion.Since you attended an interview, I am sure there must be something in your refusal letter that you have forgotten to post. Please can you post the exact words in your refusal letter and give full details.

[PP1234]

Answer these three questions please?

1)Where was the funds maintained? Uk or abroad.

2)Has the funds been maintained throughout?

3)Did you follow the "3rd party funds letter format" as stipulated by ukba?

Funds are in Pakistan.
Yeah funds are still available, even i gave them fresh statement in my interview, also they have allocated me points for funds disposable in uk, just didnt give me points for access to
funds.. iam not sure, but i think i followed the same format.

I am sorry but the detailing is still not sufficient for any of us to give our opinion.Since you attended an interview, I am sure there must be something in your refusal letter that you have forgotten to post. Please can you post the exact words in your refusal letter and give full details.

i missed the back page, just read it again, it says declaration from third party doesn't have your signature, full contact detail, phone number of your sponsor. Also the letter from solicitor doesn't have your name on it..


What should i do? And what are the chances that i will win appeal ?

[rsrameshsunil]

Answer these three questions please?

1)Where was the funds maintained? Uk or abroad.

2)Has the funds been maintained throughout?

3)Did you follow the "3rd party funds letter format" as stipulated by ukba?

Funds are in Pakistan.
Yeah funds are still available, even i gave them fresh statement in my interview, also they have allocated me points for funds disposable in uk, just didnt give me points for access to
funds.. iam not sure, but i think i followed the same format.

I am sorry but the detailing is still not sufficient for any of us to give our opinion.Since you attended an interview, I am sure there must be something in your refusal letter that you have forgotten to post. Please can you post the exact words in your refusal letter and give full details.

i missed the back page, just read it again, it says declaration from third party doesn't have your signature, full contact detail, phone number of your sponsor. Also the letter from solicitor doesn't have your name on it..


What should i do? And what are the chances that i will win appeal ?

Thanks for the response. If that is the only reason, yes you can easily win the appeal. The reason is evidential flexibility. UKBA should have contacted you to obtain these missing stuff.

As per the evidential flexibility manual, the only way they can refuse any application is when you have not submitted a document at all and if there is enough reason for the case worker to believe that the required missing things cannot be produced again by you.

In all other cases, a contact should be made.

In your case, you have provided the document but only with few missing contents, in which case they should have contacted you.

[PP1234]

Funds are in Pakistan.
Yeah funds are still available, even i gave them fresh statement in my interview, also they have allocated me points for funds disposable in uk, just didnt give me points for access to
funds.. iam not sure, but i think i followed the same format.

I am sorry but the detailing is still not sufficient for any of us to give our opinion.Since you attended an interview, I am sure there must be something in your refusal letter that you have forgotten to post. Please can you post the exact words in your refusal letter and give full details.

i missed the back page, just read it again, it says declaration from third party doesn't have your signature, full contact detail, phone number of your sponsor. Also the letter from solicitor doesn't have your name on it..


What should i do? And what are the chances that i will win appeal ?

Thanks for the response. If that is the only reason, yes you can easily win the appeal. The reason is evidential flexibility. UKBA should have contacted you to obtain these missing stuff.

As per the evidential flexibility manual, the only way they can refuse any application is when you have not submitted a document at all and if there is enough reason for the case worker to believe that the required missing things cannot be produced again by you.

In all other cases, a contact should be made.

In your case, you have provided the document but only with few missing contents, in which case they should have contacted you.

thanks a lot

just one thing more, they have given me 10 days to appeal but this letter was issued on the 24th of June 2013, and i missed the delivery once and documents were returned after which my case worker emailed me to give hIm exact address ( recieved that email on Tuesday and i still have it in my mail box) and i recieved my documents today.. if we look at the original date, its already 12 days but i recieved the documents today, am i still allowed to appeal ?

Also what do i need to do now? Make declaration and letter from solicitor again or just transfer all money to my account ?

[babylondoner]

What documents were returned back to you?

[PP1234]

What documents were returned back to you?

just decision and appeal form

[Tina1987]

Dear rsrameshsunil, I have the similar refusal reason except the case worker did contact me and ask for "a letter from a legal representative confirming the signatures on the declaration are valid". However I have already submitted a declaration letter with a notary public validation on the same paper during original application. So I replied that I have already submitted the required document. Now I got refused. Can I appeal for the evidential flexibility? or do I have any appeal groundings? Since I believe I provided the required content but didn't expect the format could be reason for refusal.

Your advice is very much appreciated.

Thanks for the response. If that is the only reason, yes you can easily win the appeal. The reason is evidential flexibility. UKBA should have contacted you to obtain these missing stuff.

As per the evidential flexibility manual, the only way they can refuse any application is when you have not submitted a document at all and if there is enough reason for the case worker to believe that the required missing things cannot be produced again by you.

In all other cases, a contact should be made.

In your case, you have provided the document but only with few missing contents, in which case they should have contacted you.

[rsrameshsunil]

thanks a lot

just one thing more, they have given me 10 days to appeal but this letter was issued on the 24th of June 2013, and i missed the delivery once and documents were returned after which my case worker emailed me to give hIm exact address ( recieved that email on Tuesday and i still have it in my mail box) and i recieved my documents today.. if we look at the original date, its already 12 days but i recieved the documents today, am i still allowed to appeal ?

Also what do i need to do now? Make declaration and letter from solicitor again or just transfer all money to my account ?

That is not a problem. Just make sure you submit all the evidences including every email transactions and also some form of evidence to prove that you actually received the communication recently. Ensure that you submit all of the above while lodging your appeal along with strong grounds of appeal and the appeal form. Once you submit your appeal, contact the HM courts and tribunal service customer care number and verify immediately in 3-4 days if they have received your appeal submission.

[rsrameshsunil]

According to UKBA, the documents must be separate. They are not accepting cases where people have combined the declaration and the representative letter in a single document.

I am sorry to say this but it appears like the chances of winning are weak in your case, as the UKBA has already contacted you.

But if you are sure that every single point mentioned in the policy guidance (under third party declaration and representative letter sections) are covered together in the single document you submitted. Then you can easliy win the appeal. If even any of single point is missing then its very difficult to win the appeal as UKBA has contacted you already.

Dear rsrameshsunil, I have the similar refusal reason except the case worker did contact me and ask for "a letter from a legal representative confirming the signatures on the declaration are valid". However I have already submitted a declaration letter with a notary public validation on the same paper during original application. So I replied that I have already submitted the required document. Now I got refused. Can I appeal for the evidential flexibility? or do I have any appeal groundings? Since I believe I provided the required content but didn't expect the format could be reason for refusal.

Your advice is very much appreciated.

Thanks for the response. If that is the only reason, yes you can easily win the appeal. The reason is evidential flexibility. UKBA should have contacted you to obtain these missing stuff.

As per the evidential flexibility manual, the only way they can refuse any application is when you have not submitted a document at all and if there is enough reason for the case worker to believe that the required missing things cannot be produced again by you.

In all other cases, a contact should be made.

In your case, you have provided the document but only with few missing contents, in which case they should have contacted you.

[PP1234]

thanks a lot

just one thing more, they have given me 10 days to appeal but this letter was issued on the 24th of June 2013, and i missed the delivery once and documents were returned after which my case worker emailed me to give hIm exact address ( recieved that email on Tuesday and i still have it in my mail box) and i recieved my documents today.. if we look at the original date, its already 12 days but i recieved the documents today, am i still allowed to appeal ?

Also what do i need to do now? Make declaration and letter from solicitor again or just transfer all money to my account ?

That is not a problem. Just make sure you submit all the evidences including every email transactions and also some form of evidence to prove that you actually received the communication recently. Ensure that you submit all of the above while lodging your appeal along with strong grounds of appeal and the appeal form. Once you submit your appeal, contact the HM courts and tribunal service customer care number and verify immediately in 3-4 days if they have received your appeal submission.

thanks once again bro, but i have only email as evidence in which they contacted me to give them exact address as my documents were undelivered and sent back.. other than that i recieved this letter today.. btw what do you think about their own record? They must have it in their system that documents were send again on this particular day ?

Also i need to ask, do i need to submit declaration and letter from solicitor again or just leave it like that?

[Hellopino]

rsrameshsunil

Could you please advise in my matter as i am having a same refusal under paragraph 245DD.

"No declaration has been supplied by the third party concerned to establish that these funds are being made available to you as specified under Appendix A of the immigration rule".

The evidence you have supplied to establish that funds are being made available to you is not acceptable because it fails to show that the money is accessible to you. there is no confirmation from the third parties bank to confirm accessibility to you.

I basically submitted third part declaration by using the exact template from policy guidance.

In my interview i gave him fresh bank statements of my personal account, business account and third party along with fresh letter from third party bank. Third is my client here in UK. I didn't provide declaration in the interview because it was provided with initial application.

Regards

[rsrameshsunil]

You might have a stamp by royal mail on the post envelope you received today. It will have the date on it. You can photocopy it and send it as evidence along with all the emails you had.

Regadring submitting again, its better to rather than not doing anything.

thanks a lot

just one thing more, they have given me 10 days to appeal but this letter was issued on the 24th of June 2013, and i missed the delivery once and documents were returned after which my case worker emailed me to give hIm exact address ( recieved that email on Tuesday and i still have it in my mail box) and i recieved my documents today.. if we look at the original date, its already 12 days but i recieved the documents today, am i still allowed to appeal ?

Also what do i need to do now? Make declaration and letter from solicitor again or just transfer all money to my account ?

That is not a problem. Just make sure you submit all the evidences including every email transactions and also some form of evidence to prove that you actually received the communication recently. Ensure that you submit all of the above while lodging your appeal along with strong grounds of appeal and the appeal form. Once you submit your appeal, contact the HM courts and tribunal service customer care number and verify immediately in 3-4 days if they have received your appeal submission.

thanks once again bro, but i have only email as evidence in which they contacted me to give them exact address as my documents were undelivered and sent back.. other than that i recieved this letter today.. btw what do you think about their own record? They must have it in their system that documents were send again on this particular day ?

Also i need to ask, do i need to submit declaration and letter from solicitor again or just leave it like that?

[rsrameshsunil]

rsrameshsunil

Could you please advise in my matter as i am having a same refusal under paragraph 245DD.

"No declaration has been supplied by the third party concerned to establish that these funds are being made available to you as specified under Appendix A of the immigration rule".

The evidence you have supplied to establish that funds are being made available to you is not acceptable because it fails to show that the money is accessible to you. there is no confirmation from the third parties bank to confirm accessibility to you.

I basically submitted third part declaration by using the exact template from policy guidance.

In my interview i gave him fresh bank statements of my personal account, business account and third party along with fresh letter from third party bank. Third is my client here in UK. I didn't provide declaration in the interview because it was provided with initial application.

Regards

Looks like there are two issues:

"No declaration has been supplied by the third party concerned to establish that these funds are being made available to you as specified under Appendix A of the immigration rule".

This means you have not provided the declaration as per the requirements. A problem with your declaration.

The evidence you have supplied to establish that funds are being made available to you is not acceptable because it fails to show that the money is accessible to you. there is no confirmation from the third parties bank to confirm accessibility to you.

This means, applicant's name not mentioned in third party's bank letter.

Nothing to worry. Just appeal and win. Both are resolvable.

[Hellopino]

Thanks very much for your reply. I provided declaration with the initial application and it was the exact template given in policy guidance.

Apart from that bank letter clearly shows my name on it though its difficult to get that on bank letter as mostly applicants are refused on that. Also this was the exact template used from policy guidance.

Regards

[rsrameshsunil]

Thanks very much for your reply. I provided declaration with the initial application and it was the exact template given in policy guidance.

Apart from that bank letter clearly shows my name on it though its difficult to get that on bank letter as mostly applicants are refused on that. Also this was the exact template used from policy guidance.

Regards

In that case, looks like they have refused you for no reasons. But I forgot to mention a point. Can you just check, according to policy guidance, just having your name somewhere in the third party bank letter is not sufficient. It needs to state that the money available in the third party account is available to you (specifically mentioning your name here). Not sure if you have done this too. May be thats what they specifically mean in the refusal letter.

if you have done this too, there may be something else in the refusal letter you might have forgotten to post. Just double check it.

[PP1234]

Thanks rsrameshsunil for your help

just one last question bro, in case i have to submit these documents again, i have to order them from Pakistan which will Atleast take 7-10 days and i have only 10 days.. can i write to them that i will appeal bit late because of my documents coming from Pakistan?

Also, they need my signature on that affidavit/declaration, that declaration is made in Pakistan so how will it be possible for me to sign on it when it is Pakistan?

Thanks once again bro, you really helped me alot today.

[Hellopino]

Thanks

Appreciate your comments.
This was the exact wording on my refusal letter which i wrote in my first post. other than that there was nothing.

regards

[rsrameshsunil]

Thanks rsrameshsunil for your help

just one last question bro, in case i have to submit these documents again, i have to order them from Pakistan which will Atleast take 7-10 days and i have only 10 days.. can i write to them that i will appeal bit late because of my documents coming from Pakistan?

Also, they need my signature on that affidavit/declaration, that declaration is made in Pakistan so how will it be possible for me to sign on it when it is Pakistan?

Thanks once again bro, you really helped me alot today.

1. You just have to submit the grounds of appeal and fill the appeal form for now with some generic content. You can submit all the other documents later (alteast 5 days before the hearing date). You dont have to write to them that you will be submitting some documents. Because if you fail to submit anything you are promising now, you will be in trouble.

But remember you have to submit the email transactions and the other post related evidences now. Otherwise court will treat your appeal as out-of time and may reject your appeal.

2.Your third party has to sign his part in pakistan in front of a legal representative practicing in pakistan. You must sign your part in front of a legal representative practicing in UK once it arrives here. You must then obtain legal representative letters from both (one in pak and one in UK) along with the main declaration.

3. You seem to be asking very crucial information. I am sure you will miss out something important that may create additional problems for you. I strongly suggest you go see a solicitor. Having said that, it is your application and solicitors may forget many things so make sure you double check everything they do and give your inputs too while researching on as much as possible.

All the best.

[rsrameshsunil]

Thanks rsrameshsunil for your help

just one last question bro, in case i have to submit these documents again, i have to order them from Pakistan which will Atleast take 7-10 days and i have only 10 days.. can i write to them that i will appeal bit late because of my documents coming from Pakistan?

Also, they need my signature on that affidavit/declaration, that declaration is made in Pakistan so how will it be possible for me to sign on it when it is Pakistan?

Thanks once again bro, you really helped me alot today.

1. You just have to submit the grounds of appeal and fill the appeal form for now with some generic content. You can submit all the other documents later (alteast 5 days before the hearing date). You dont have to write to them that you will be submitting some documents. Because if you fail to submit anything you are promising now, you will be in trouble.

But remember you have to submit the email transactions and the other post related evidences now. Otherwise court will treat your appeal as out-of time and may reject your appeal.

2.Your third party has to sign his part in pakistan in front of a legal representative practicing in pakistan. You must sign your part in front of a legal representative practicing in UK once it arrives here. You must then obtain legal representative letters from both (one in pak and one in UK) along with the main declaration. The two representative letters must contain references to the main declaration. May be the date of the document.

3. You seem to be asking very crucial information. I am sure you will miss out something important that may create additional problems for you. I strongly suggest you go see a solicitor. Having said that, it is your application and solicitors may forget many things so make sure you double check everything they do and give your inputs too while researching on as much as possible.

All the best.

[Amber]

Hi Guys, my hearing is on 21st October 2013 and iam bit nervous for my case.

Basically my application was refused because of not access to Third Party Funds, According to HO, Solicitor letter didn't have my name and there were no contact details of third party on declaration. These were the only two points for refusal and nothing else was mentioned. I was awarded all other points. now I don't know what kind of questions will be asked in hearing and what are the chances of allowing my appeal?

Pls if anyone had similar case or know about oral hearing experience, share your experience here.. and yeah probabilities of winning the case as well.

Thanks.

Hi there

I had my appeal, albeit on different grounds (advertising material). My barrister advised me to be prepared to answer ANYTHING at all about the business, immigration history etc... which didn't help me much. In fact it only stressed me out more!

On the day NO ONE directed any questions to me, not the HO rep nor the judge. Thankfully I won the appeal ... and no one asked me any questions