URGENT ADVICE

[tier1enterpreneur]

HEllo all
i applied last year got rejected in may appealed in time n had a hearing last week.
I got a rejection in the appeal too...
i dont know what to do should do should i appeal again to the upper tribunal or should i make the fresh application.

i m seeing my solicitor on monday i need to decide before friday next week.

any suggestions ?
Reasons of rejection after application :
fund not available £50000 only £40000 available.
which is not true and the bank statments were available to prove the same and I have still maintained them.

Reasons for refusal in the hearing : my wife is in the joint account what if she withdraws the money !!!!!
these people are really shit at what they r doing i have lost all the patience and frustrated to another level....

Solicitor is shit too as he did not mention about the evidential flexibility required to be made and that has been mentioned by the judge of the refusal.

Only people i can turn for advice is you guys please suggest what to do ?

Fresh application or appeal again in the upper tribunal ...

any idea whats the timeline for both and what should i be doing !!!!!

Thanks in advancee !!!!

[Olasunkanmi]

@ tier1enterpreneur, did your wife sign declaration that she allowed you to use the money as the money is in a joint account?

If not, I think you should transfer the whole fund into your personal account and then submit a fresh application or you can go for upper tribunal while at the same time make necessary plan for fresh application should in case.

Did the HO or judge make any reference to your trading activities during the appeal hearing?

[tier1enterpreneur]

hi there
my wife yes she gave a declaration that she has made the funds available to me in the join account...
judge said as the funds were in joint account she could withdraw the funds whenever she wanted and the declaration did not specify that the funds were going to be continue to be made available until used by the business...

also no remarks on contracts or working or trading activites were made or asked ...

i was also thinking the asame to meet one solicitor tomo for a second opinion and meet my useless solicitor on monday and atleast appeal to the upper tribunal and in the mean while make the necessary requirements to apply freshly.

just wanted to make sure is it allowed to apply if i again get rejected by the upper tribunal.

should i apply myself or seek professional help and as my visa has expired last year october am i still allowed to apply ?

my application i made was before my expiry as well as the appeal was witing the required timeline.
cant wait to get rid of all this mess and get it done with !!!!!

[Olasunkanmi]

You can make a fresh application if the UT decision is not favourable and within 28days of you getting the UT decision. But you probably wont get another appeal right if refused again but you can go for judicial review.

I also think you should continue trading in your business as this will help if you eventually need to submit a fresh application.

[Choc-Ice]

hi there
my wife yes she gave a declaration that she has made the funds available to me in the join account...
judge said as the funds were in joint account she could withdraw the funds whenever she wanted and the declaration did not specify that the funds were going to be continue to be made available until used by the business...

also no remarks on contracts or working or trading activites were made or asked ...

i was also thinking the asame to meet one solicitor tomo for a second opinion and meet my useless solicitor on monday and atleast appeal to the upper tribunal and in the mean while make the necessary requirements to apply freshly.

just wanted to make sure is it allowed to apply if i again get rejected by the upper tribunal.

should i apply myself or seek professional help and as my visa has expired last year october am i still allowed to apply ?

my application i made was before my expiry as well as the appeal was witing the required timeline.
cant wait to get rid of all this mess and get it done with !!!!!

I agree with Olasunkanmi's advice.. Why not try a new application? The wait for the appeal is ridiculous and its not even guarantee to succeed at the end.

UT judges usually agree with the FTT judges UNLESS you have a very good solicitor who can argue your case and prove that there was an error in dismissing your appeal..

[opportunist]

Can you please tell us whether the appeal decision is received by you or your solicitor.

[tier1enterpreneur]

Hi there
I received the decision and contacted my solicitor and he said he had not received anything yet.



Ok my question if I apply for the fresh application do I still have 28 days frm the date of decision from. FTT ?


Also one of the requirement that the company must be registered no more than 3months before the application apply ?

Do I have form a new company in this situation ?

How long are the new application taking to be processed currently ?

[tier1enterpreneur]

Hi there
I received the decision and contacted my solicitor and he said he had not received anything yet.



Ok my question if I apply for the fresh application do I still have 28 days frm the date of decision from. FTT ?


Also one of the requirement that the company must be registered no more than 3months before the application apply ?

Do I have form a new company in this situation ?

How long are the new application taking to be processed currently ?

[Olasunkanmi]

@ tier1enterpreneur, you can make a fresh application within 28days of the decision of the FTT.

You can still use the same company if you are already trading in your previous company.

Some new applications are normally been treated within 4-8weeks, but many are also been delay.

[tier1enterpreneur]

Thanks for the reply


Pay first company had two directors and I may have to consider applying by myself and not as an entrepreneur team

Is it ok if I make a new company or register myself as self employed.

Besides I have hip changed my designation to business development manager

Is this still in the soc code as I could not see this ?


Thanks for your help.

Just going to consult a new solicitor in an hour will update from my end !!!!!

[Olasunkanmi]

You stated in your previous post that you and your wife have a joint account which you used initially, and you now state that you want to go solo, is your wife your Entrepreneur team member?

You must be very careful if you decide to apply alone as the caseworker usually consider your previous application to check your genuineness in your proposed business and if you must go solo, try to stick with your initial business plans as caseworker always look for minor errors in application to refuse the applicant.

Sales accounts/business development manager is SOC code 3545 but be very careful with all the changes you intend making.

[tier1enterpreneur]

Hi there
Sorry to not be clear
I had an entrepreneur team n my wife is my dependant
Thy business partners commitment towards the visa is bare minimum to nothing

Hence when I met the solicitor she advices me the same to apply solo and may be make a new company as I m still rightly legal in my status and I can change my company and start fresh !!!!

What you said also makes sense so again now I m in a fix if I should keep the same company n be with my business partner or go fresh solo with a brand new company with a new title!!!

[Olasunkanmi]

You should never have used your joint account with your wife because you had a separate team member who is not party to the joint account thereby making the case to be complicated. Best option is put the whole fund in joint account with team member if you decide to go as team or your personal sole account if you want to go solo.

If it cost you nothing, you should consider including your entrepreneur team member as it will save you investment funds over the long run since you both need to invest the required 50k fund together.

Have you not start trading yet in previous company as starting a new company will make it look desperate. Applying as team member is not that complicated as your solicitor portray it, you just need to work on all the necessary documents.

[tier1enterpreneur]

Hi
The investment of the funds again is not going to be a problem as all the funds belong to me n my wife I had him as a team member assuming he would be a great team member but I was incorrect.
The input from him as I said is nil
No funds no expertise n no help in what so ever

I just realise I sound so stupid to have taken him on board int he first place

Anyways I have not yet started trading in the previous company as it is a management consultancy firm n the 2 clients I had r overseas

They certainly would not want to await our services as it will also include me travelling to them but due to no visa or passport I could not do that.

Besides what happened to the rule of registering as self employed or as a director no more than 3 months before the application how do we solve this I thought opening a new company may resolve that.

I was thinking to transfer the funds into my account n then starting fresh


Does it make a lot of difference if I change over and start fresh ?


I also did not realise me using our joint account would have been such a big issue.

Clearly a mistake

I want to rectify all the mistakes and start over !!!
Suggestions welcome !!!