Approach legal fight together (Par-245DD (H),Refused/Appeal

[Dewan_London]

Paragraph 245DD (H), Requirements for leave to remain
Paragraph 245 DD (H) as a “BIG POWER” for ECO to directly refuse any prospective Entrepreneur for leave to remain who applied before 31 January 2013.
Paragraph 245 DD (H-(iii))
But I am holding full 50K since 10 July 2012 in personal accounts of UK (2) and not my Business Account. According to the old policy it was not required. Why ECO making the assessment in (h), please could you any one share knowledge for preparing appeal.
According to the HSMP (judicial review), I think that it is should not applicable “Paragraph 245DD (H)”
It is a summery refusal decision by ECO under “Paragraph 245DD (H)” what I read most of the Tier 1 (Entrepreneur) refusal letter.
I think better we should talk to any senior QC for this issue under “Entrepreneur Forum UK” (same idea HSMP Forum LTD vs Home office), NOT individual case, better we approach legal fight together.
Otherwise, God knows best, what is the individual appeal outcome?
I pray to all who submitted for appeal.

[ZFDar]

I believe there are many people out there who applied for Entrepreneur visa using a Third Party as a sponsor who is in UK, and their visa got rejected on the basis that they didn't provide a letter from a bank, even though the sponsor provided the affidavit mentioning that the funds are available to the applicant.

My husband's visa got rejected on the same basis, we appealed against the decision and we have a hearing next month. We tried hard and visited bank many times along with the person who sponsored but bank clearly refused to write a letter as they said its against their policy, which does make sense, that why would bank mention a name of Third Party on the letter.

This is so unfair rule and mind torturing, as this is something not in applicant's hands. I really think that all people out there whose visa got rejected on this base should stand up together and voice against this unfair rule.

[Mr Legal]

I think a JUDICIAL REVIEW would be fine for a combined voice to be raised against the irrlevant issues based for every refusal.Now the question how to manage this.Ask the forum members if they agree to do this,then one person should go ahead with a barrister @ share cost for this legal process.

I think this may discourage the UKBA from their wrong practice,for example demand of landline number,email address or name on the third party account.

Good luck

[samu140]

Yes . it combined approach is good adea
I will share the cost

[removed user]

Sunrise Solicitors are good - Let's take this initiative.

[WelcomeToAll]

HI all,
Me and my team member applied on 12/12/12 for Tier 1 Entrepreneur visa using third party funding (from my uncle). We submitted all the documents in line with the UKBA policy guidance.
For third party funding, we had provided a declaration from third party that the funds are availalble to us, a letter from legal representative confirming the validity of the declaration, and a bank letter + bank statement.

Before applying, me and my uncle requested the letter from bank (which is in UK) in a specified format as required by the UKBA, but the bank refused to issue any such letter stating that they are not allowed by their bank policy to issue such letter. We insisted that it is not our demand, it is the UKBA requirement, how you can't issue such letter. The bank replied that they are not bound by the rules and regulations of UKBA, we follow our own banking rules and regulations. The bank said 'We can issue you a recent bank statement which will confirm the availability of funds. The bank statement already has your name and details (i.e.. my Uncle details) and we can only provide a letter in our own format which will include only the account holder name and funds available.' The bank emphasised that you are not the only one requesting this letter; we have provided similar letters to other applicants which were accepted by UKBA. The bank representative also attached her contact details (card) with the letter and told that if the UKBA need any information they should contact me.

Then I contacted to the UKBA and explained the whole situation that the bank is not providing me a letter as specified by you. What should I do know. Because I am in trouble, you need letter in your own specified format and the bank says that we are not bound by the UKBA requirement, I am stuck in the middle. I told UKBA that before making such rules you should have to confirm first from other organisations that we are making such requirements and you should have to follow it. If the organisations say 'Ok' then you should proceed and if they say 'No' then you should not make any such rules which are not practicable.

The UKBA advisor told me if the bank does not provide you letter in the specified format then the one they are providing is also sufficient and further suggested that clarify this situation in your covering letter to UKBA.

I did the same as advised by the UKBA and mentioned if you need any help or information please do not hesitate to contact me.

After all these struggles and troubles we got refusal today on the basis that 'the bank letter is not acceptable because it does not state your name and the name of your entrepreneurial team partner, and confirm the amount of money being available to you and your team partner from the third party's funds.'

The reason for explaining all the situation here is to clarify that the UKBA is exhausting and playing with our futures and lives. They don't care about our futures, careers, planning, emotions and the expenses we incur on all these procedures. The UKBA does not treat us fairly. They do not respect the immigrants any more especially out side the E.U. When they need us they give us a warm welcome and when they don't need us then they don't care about us. They just refuse our applications and waste our time and money on minor issues, even after explaining each and every thing, but they have no mercy for us.

I will request to all those who are the victims of UKBA and all those who feel that the UKBA behaviour is not fair towards immigrants and undermining the Human Rights, please come forward and join your hands for your own rights according to the law of UK and Human Rights.

Thanks

[rayuk]

This is a good initiative against the UKBA's very unfair treatment of these rules.
Like you all, I have applied with funds available from a third party who had also transferred the funds to my Company's business account 1.5 months before my application and in all I had above £50k in my posession. I have also supplied the 3rd party declaration statements, Accountants statements and everything else in case the UKBA need to verify these.

I am a PSW visa holder and genuinely work as an entrepreneur for more than a year now with money invested into company and have employed 03 people already (1 full time, 2 part time) besides myself.

Application was refused by UKBA but my appeal to the First tier Tribunal was allowed stating that these funds were available to me and my company and as a MD of the Company I had access to the funds. As defined, ‘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.

Point (2) above applies to me but UKBA challenges the decision of the first tier tribunal Judge saying that the third party funds are no longer available to the applicant.

Really do not understand what exactly they want?? Declaration with out bank statement wont work and they also refuse to accept transferred funds as well. Why don't they just close the category or any immigration for that matter if they do not want anyone to enter this country!

[saraswat1]

This is a good initiative against the UKBA's very unfair treatment of these rules.
Like you all, I have applied with funds available from a third party who had also transferred the funds to my Company's business account 1.5 months before my application and in all I had above £50k in my posession. I have also supplied the 3rd party declaration statements, Accountants statements and everything else in case the UKBA need to verify these.

I am a PSW visa holder and genuinely work as an entrepreneur for more than a year now with money invested into company and have employed 03 people already (1 full time, 2 part time) besides myself.

Application was refused by UKBA but my appeal to the First tier Tribunal was allowed stating that these funds were available to me and my company and as a MD of the Company I had access to the funds. As defined, ‘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.

Point (2) above applies to me but UKBA challenges the decision of the first tier tribunal Judge saying that the third party funds are no longer available to the applicant.

Really do not understand what exactly they want?? Declaration with out bank statement wont work and they also refuse to accept transferred funds as well. Why don't they just close the category or any immigration for that matter if they do not want anyone to enter this country!

hi am totaaly convience withu peoplewe should be unite and should raise voice against it bcoz i applied last november ukba refused my application after 5 months stating that no landline numbers and email adress provided
i appealed against decision and got hearing date after 6 months and on hearing date ikba withdraw thier decision said that we will make new decision am not hopefull from ukba side bcoz so many people after appeal approval they didnt get thier brp after 6 months or 8 months people who gave interview six months ago they didnt get any decision i cant believe this because ukba people are torturing us by not giving any decision if we calculate our intrest on 50 k its too much thats not the problem as well but so many people stuck due to ukba they cant go for thier important ocassion my grandfather is serious but i cant go am totally hopless from ukba so we should raise voice i suggest we should do demonstration against ukba i am going to withdraw my application if i will not getdecision till 15 january am totally hopeless

[hey]

Hi guys.
This is good idea. We should do it.

[adi786]

Indeed UKBA is full of moppets they just killing their time like 9-5 office job their decision is just not make any sense. As in my case when i applied in 2012 i was relying on third partys fund which is my brother. We did submit declaration and other appropriate paper work along with my application and my solicitor did attest every paper. then when i received a letter from case worker about new rules that i cant rely on third party's fund any more in Jan 2013 we transferred all the funds to my personal account and provided my case worker with latest bank statement and then after 6 months of more wait in June i got refusal that was shocking that i cant rely on third party's fund which seem like case worker forgot i m not relying on third party's fund any more after judicial review they accepted their mistake and now reconsidering my application again as it was an stupid case worker mistake. All the funds still available in my account. I asked for the legal cost and other cost from HO and they agree to pay. We mention in our letter the opportunities I missed and the loss i did bz of stupid mistake by a case worker.
I hope this mystery will finish sooner than later

[rayuk]

So many bad decisions by the Home office, affecting people's private life, work and business real badly. We should indeed join our efforts.
Any ideas welcome.
The Ukba case workers are not upholding the law originally intended by the State. Anyone tried taking up the matter with your Country's consulate? or letter to any higher officials within UK or outside at the European Commission soliciting justice?
I am no expert on this but do believe there is potentially strong Humanitarian grounds as well to some of our cases.

[gulrose786]

Immigration Minister Mark Harper
ministerforimmigration@homeoffice.gsi.gov.uk



Lets all request him and take him to the nearest bank outside parliment and see if he can understand what the hell is going on.

[rayuk]

Looking at all your cases, this is indeed unfair and unjust treatment of our applications by UKBA staff.

Why don't we gather people who had refusals based on third party funds. We are already about 05 here, lets write to the immigration minister Harper or even to HSMP Forum to solicit support as a first step.

I am providing a summary of my case below. If you want include yours, and lets get this going. Lets raise a voice.

Summary of Case:

PSW to T1 Entrepreneur route. After application of my visa being refused and after 8+ months of wait the Tier-1 Tribunal judge allowed my appeal.

The UKBA staff has still challenged the decision of the Judge on the ground below.

Ground: The Judge has erred by concluding that company funds are the same as those held by the appellant. A companies holdings are not automatically those of the companies directors.

I had both a personal investment and a balance of funds from third party invested into the company. I am both the only Managing Director, as well as Founder and majority shareholder for the Company. Furthermore, as the Judge specified in the decision that the funds only need to be ‘made available to the applicant’ to run a UK business as per the immigration rules.

The Company has staff employed already and has raised £160k+ in funding, has more than ten UK based suppliers and partners already besides UK based investors (including one of the Country’s most reputed banks). Third parties have invested their money having carried out a full due diligence. They also found that the founder of the Company had met the necessary immigration rules and laws for the T1 Entrepreneur visa. I had provided bank statements, third party declarations, accountant statements and all evidences the UKBA guidance asks for. The UKBA treatment is extremely damaging especially in the very difficult and crucial early stages of a company and the decisions affect everyone in the company. This is very damaging and unjust.

----

[Princess of Ammi]

Thanks,

[rayuk]

Thanks for note you too @princess ammi.
The post seems to have been edited now but here is just a bit further clarification regarding my situation.

The problem is regard to the third party investments and who has the funds been made available to.
Part of the funds were transferred to the Company in way of a third party investment to allow the applicant to run and establish a UK business.

Imagine you have £10k in your bank and another £40k provided by a third party for running a UK business. In this case you will have:
1. Bank statements that show ca. £50k or above available;
2. A letter of declaration from third party that they are providing the funds for a UK business (under 41-SD);
3. Management accounts for the Company (section 46-SD). I had provided the certified accountant's statements and necessary documents here as well.

The initial confusion with UKBA was whether the application should be considered under section 41-SD or under section 46-SD. This was heard at the oral hearing and the Tribunal found that the key documents (1-3) above were correctly provided and at least £50k was available to the applicant.

The UKBA has accepted that an investment had been made into the Company and that I am the Director of the same Company. The ground they now raise is confusing. Besides the documents 01-03 above what else should I provide? The UKBA have not yet clarified what else is required and the ordeal continues...!

[Princess of Ammi]

sorry I took it off thinking you might find it irrelevant.

okay... lets bring it to a point where an ordinary mind like mine could understand,I have an idea as to what would have happened but I still need further information before I have my say on this

can you tell the amount available into business account at the time application and at the time of lodging appeal? and the amount spoken to have been available that the third party confirmed in their letter at both occasions?

thanks,

[rayuk]

No worries. It's ok if you have any suggestions.

At the time of application and for the purposes of the visa applications I have £10k+ to make as Directors loan which the UKBA accepted. I had £40k invested by a third party in business account with letter of declaration, bank statements and our accountant's statements. So in all, there was more than £50k+ at time of application.
At time of appeal months later the amounts were different as the company won other fundings etc. but this is irrelevant to the Tribunal as only the money available at time of application would be considered.

Are you also from the PSW to T1 route category?

[Princess of Ammi]

rayuk thanks for the reply,

I much struggled and have been unable to find the answers in your reply,


hope you good, thanks

[rayuk]

rayuk thanks for the reply,

I much struggled and have been unable to find the answers in your reply,


hope you good, thanks

Thanks for the note again. Would be best to leave it to the lawyers and judges at the Tribunal to analyse the case and make any further judgments.

Thanks & all the best to all here.

[UK_Return]

Hello All,

I applied for Entrepreneur visa in July 2012 while I was in the UK. My application was refused in June 2013 after almost one year. Refusal objections
- Bank letter was missing my sponsor's (my father) contact address, mobile number and any email.
- Verification letters from solicitors were missing date of issue, expiry date and place of issues of my ID and my father's ID.

I provided statements of 200K and such objections were ridiculous. I appealed to FTT and then UTT but appeal was rejected on same bases. New laws give authority to UKBA to reject cases on such minor grounds.

I returned to Pakistan couple of weeks ago. What I have done now is transfer those £200K in my own account eliminating third party sponsor headaches. I am going to apply during last week of March from here in Pakistan. My two brothers are there in the UK. We have family business with a registered company. The company paid a tax of about £1250 during last three months plus trading for more than £155K during these three months. I have a letter from my brothers to join them in that business and we would expand business with my investment.

Any suggestions before I apply? Should I still provide them business plan or just covering letter would be enough?