rsrameshsunil wrote:Kwinkal wrote:Hi All,
We have applied as team. Yesterday we have got refusal my partner got appeal right and I have visa until 16th Sept so I didn't get appeal right.
Refusal is on only one point is that we have money in our business account not in personal account.
Can I go ahead with same business plan and apply on same company withdrawing money from business account and put it on joint account with my partner? Can my partner submit new personal joint account statement in paper appeal? Please guide us.
Thanking you in advance,
Kwinkal
If i am right, a new rule was introduced in yesterdays immigration rule announcement. The new rule says you can have the amount in your business account as long as you can show evidence to link the business with yourself. But it seems like it comes into effect by october.
But unfortunately you do not have the appeal right as time did not favour you. Going for a judicial review is an absolute time consuming process. Going for a reconsideration-request is again not 100% safe.
I would therefore suggest you to apply again immediately with the funds in your own account to be 100% confident without getting into any other hassles.
The supposedly new rule has been in the immigration rule before and am thinking that the new update is just to clarify that you must be link with the business in order to use funds in the business account. I think that HO have notice that caseworkers are not properly applying the rules and are now attempting to make it simpler.
The reason for the refusal is very tricky as HO stated in the immigration rule that Business bank account can be accepted;
Paragragh 245DB, sub-section (f)
(f) Except where the applicant has had entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator in the 12 months immediately before the date of application and is being assessed under Table 5 of Appendix A, the Entry Clearance Officer must be satisfied that:
(i) the applicant genuinely intends and is able to establish, take over or become a director of one or more businesses in the UK within the next six months;
(ii) the applicant genuinely intends to invest the money referred to in Table 4 of Appendix A in the business or businesses referred to in (i);
(iii) that the money referred to in Table 4 of Appendix A is genuinely available to the applicant, and will remain available to him until such time as it is spent by his business or businesses. 'Available to him' means that the funds are:
(1) in his own possession,
(2) in the financial accounts of a UK incorporated business of which he is the director, or
(3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41-SD(b) of Appendix A;
(iv) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DC;
The bureaucrat at HO sometimes mis-interprete rules because they refused to allow judges and lawyers to interprete the laws for them but they rather employ the service of bureaucrat consultants who make silly mistakes.
I hope the ''GURU'' in the house can shed more light on this issue of personal account/business account.
The key to success is knowledge and hardwork, and to have faith.
