Here is my timeline:
14 August 2013: Applied by special next day delivery
16 August 2013: Acknowledgement date
31 August 2013: Biometrics given
24 September 2013: Refusal date
Applied as a team, funds equivalent to £50K in team member's overseas bank account which is regulated by the FSA/FCA/PRA.
With my application, I sent a covering letter with this list of documents:
Also a covering letter explaining that the bank will not add my name onto my team mate's balance letter. My team mate also mentioned this on her covering letter. Both covering letters state that the bank where the funds are held is regulated by the FCA/PRA (FSA), and we have both provided printouts of the FSA website showing the same.Full List of Supporting Documents
Dear Sir/Madam,
The following is a list of all supporting documents that I have supplied with my application.
Documents supporting Investment Funds
1x Covering Letter
1x Third Party Bank Balance Letter from xxx Bank
1x Third Party Declaration Letter
1x Legal Representative Letter
1x FCA/PRA Website Printout showing xxx Bank is regulated
Documents supporting Business Activity
1x Current Appointments Report
2x Internet Advertising Printouts
1x Trading Contract
1x Business Plan
1x Curriculum Vitae
1x Website printout
1x Email Correspondence with Potential Client
1x Professional Indemnity Insurance
Documents supporting Maintenance Funds
1x Bank Statements from zzz with official stamp
Documents supporting English Language Ability
1x Original Degree Certificate
1x Original Transcript
Official Identification Documents
1x Passport (Number xxx)
1x Biometric Residence Permit (Number xxx)
Please do not hesitate to contact me at 07xxxxxxx or xxx@xxx.com if you require any further information.
Thank you very much in advance for your time and assistance.
Yours faithfully,
Both team mates were rejected, and this is my refusal letter, with the following reasons:
1. The letter from the xxx bank does not name you as the recipient of the third party funds. It also does not state the funds are available for use in the UK. (Page 3)
Answer: The covering letter has already explained that it is not possible for the bank to name me as a recipient of the funds. Furthermore the bank is regulated by the FSA - Table 4 and paragraph 41 (a)(i)(11) states that a confirmation that the money can be transferred into the UK is required if the institution is not regulated by the FSA, in this case the bank is regulated.
2. Contract does not provide client landline number
Answer: The client would not do so as it is not part of their contract template. However an email contact was provided, as was the client's address. The contract was signed by both companies and both team members. - can this point be argued based on evidential flexibility?
My team mate was also rejected based on funds not being transferable to the UK and no landline number provided.
My last question is, can we attend an oral appeal without the help of a lawyer - has anyone successfully done so, or is it better to just get a lawyer?
Thanks for reading, and any suggestions are very much appreciated.