Appeal dismissed Need help please

[ragavaram147]

Hi Everyone Need some help on my situation please

I have applied entrerprenuer visa under 50k in Jan 2013.my PSW visa has expired in jan 2013.

The problem is I got visa refusal in june, and I appealed.My appeal hearing has finished week ago and it was dismissed. Now I have a chance to go for upper tribunal. So am confused weather to go for it or not.

And now I have other option like... one company is ready to sponsor me for tier 2 visa. I found this may be better option to go for it. but my confusion is can I make a fresh application for tier 2 during this 28 days period as my PSW has already expired. Is there any immigration rules to confirm this please let me know...

please do help me........

[ragavaram147]

Gurus please reply. I am in critical condition coz its already 4 days now. Can I go for UTT or can i make fresh application for Tier 2

[Ahmd_64]

please can you share visa objections

[ragavaram147]

Mainly I have 3 Refusal points
1. Third party bank letter don't have contact Details (But it contain my mothers address and Name and also provided notary from the home country)
2. Bank statements submitted from XXX bank are not original (Statements were originals)
3. The photo Id proof is not acceptable as it does not contain issue date and expiry date (I submitted Voter card which is photo Id in India.. my mother don't have passport).

In the appeal judge asked me the funds ur showing in India 50 lakhs are equal to how many sterling, I did not reply her as I got confused because its my first time in court. She replied u applied for entrepreneur and u don't know what is sterling.... that's it pretty much in the court. after a week a got a refusal saying I might not be genuine.

Please suggest me wat to do...weather go for UTT or apply fresh application in Tier 2.... ur help very much appreciated

[Ahmd_64]

I think you should apply new bcz upper tribunal will not go against lower tribunal. You will be more confused in upper tribunal. Submit new application and clear these points and mention everything. My friend's visa was refused last month. He submitted his new application and explain everything. He got visa in 20 days

[Olasunkanmi]

@ ragavaram147, you can apply again within the 28days after receiving the tribunal decision.

Your case seem very simple as the refusal reasons could easily be defended except for the fact that you didn't understand sterling when judge ask you. Do you have a lawyer?

My opinion is that you can win the case at the upper tribunal on the condition that your business is already trading as the judge at the first tribunal thought you are not a genuine entrepreneur. You can only proof that you are genuine if you have all the evidence of trading in your business to convince the judge at the upper tribunal that you are indeed a genuine entrepreneur.

[ragavaram147]

@Ahmd_64: First thing I appreciate for ur Reply

As u said we can go for new application by changing all the points, but my company was registered last year October.... im not sure whether i can apply with the same company or do i need to register the company again....and also now im thinking to transfer all the funds to my UK bank rather than keeping funds in my mother account.

And one more thing is tht i got a company who is ready to sponsor me..but he is not sure as my visa was refused whether we can apply or not. Only thing I am not sure is can I apply for another category visa after appeal dismissed......

[ragavaram147]

@Olasunkanmi: Thanks for the reply

I have not started any trading. I have got a contract but they are not willing to do business until I show them I have the valid visa to do so.......

[Olasunkanmi]

@ ragavaram147, if you have not start trading yet, then your best option is either to submit a fresh application for the Tier1 entrepreneur visa or the Tier 2 visa if you want. You are allowed to apply under any category that you meet the requirement within 28days of you receiving the first tier tribunal decision.

You may also consider moving the 50k funds to your own account in UK as this will rectify the issue of third party details and third party id card in your first application.

[ragavaram147]

@Olasunkanmi : Thanks for ur reply

Is that possible to apply for tier 2 now. My solicitor saying that we cant apply for the tier 2 as my visa expired and im in appeal.If i can apply, Is there any evidence or reference will be appreciated i will show tht to my sponsor and vl apply for the visa.....

If i apply for UTT and if its dismissed again is that possible to apply tier 2 in 28 days

[Olasunkanmi]

@ ragavaram147, if you apply to upper tribunal now, then technically, your previous PSW visa still continue under section 3C and your solicitor should then find a way to submit your Tier2 application within the time frame of upper tribunal decision being finalize. Your solicitor should be able to tell you how this could be achieve rather than just saying you cant apply because PSW visa expires.

[Entreprenuersweare]

I think you should apply new bcz upper tribunal will not go against lower tribunal. You will be more confused in upper tribunal. Submit new application and clear these points and mention everything. My friend's visa was refused last month. He submitted his new application and explain everything. He got visa in 20 days

Hi Ahmd_64

Please can you specify the reason for refusal for your friend and by 'visa was refused last month' did you mean his appeal was rejected by FTT or did he reapply after his visa was rejected by HO.

Thank you in advance for your help.

Regards