14 months gone - Still making a fresh application

[S&T]

Hi All

Just a brief timeline of my application.

Initial team app - 12-12-12
Refusal - 14-05-13 (Both partners do not have access to each other's funds as funds in separate personal accounts)
Appeal made and hearing withdrawn on 27-11-2013
Informed by tribunal that they are re-considering the application and they requested further information on 06-12-13
Sent them further information, this time around we were able to add one of the partners onto an existing personal account as a joint account holder and transferred remaining £25K into the existing account.

Information sent included - Bank letter confirming that funds are accessible to both team members and the balance is £50,000 including date and address for both team members. Up-to-date bank statements confirming balance in both statements.
We have now been informed by the UKBA that they are rejecting our case as we do not meet the immigration rules. We had to provide the joint account bank statements three months prior to the date of initial application.

We are now planning to re-apply as we have the joint account we had been initially refused visa for.
The UKBA has all the original documents from our initial application and subsequent submissions. Please advise what documents do we have to send and as we do not have original copies can we send printouts/photocopies of our online documents.

We appreciate all the help that we can get from anyone. Thank you in advance for your help and support.

[bizz123]

hi
when your application has ben rfused, hom office suppos to rturn original docs

[S&T]

hi
when your application has ben rfused, hom office suppos to rturn original docs

Thank you for the response. However, we had been refused previously and we received a letter informing us about our application being refused and that we had a right to appeal. We had made an appeal and we were not sent any documents back. This time around we have not received anything from them yet.

[S&T]

Gurus please help....

[Olasunkanmi]

@ S&T, when was the second application refused and did you appeal against the second decision?

[S&T]

Hello Olasunkanmi

It is still the first application but its a reconsideration as HO rep withdrew the appeal and advised that our application wil be reassessed.
We still dint receive the refusal letter, we know that we will be getting a refusal letter soon becoz we spoke to the case worker yesterday and he advised us that he will be sending us a refusal, as he is not satisfied that we dint have a joint bank ac when we made our initial application. As per the case worker having a joint ac now during reconsideration will not meet the immigration rules as he says we need to have the joint bank ac prior to initial application

Would you suggest us to appeal towards his decision or make a fresh application ?
please give us the Pro's & Con's for both (appeal & fresh application )

Many thanks for all your time and support

[Olasunkanmi]

@ S&T, HO withdraw the appeal probably because they wanted to issue your visa but because of the joint account which you then added, they have to see that as a new evidence which was submitted after application date and is not acceptable in reconsideration.
Your solicitor should have known that when HO withdraw appeal, they are very likely to issue visa base on previous evidence and adding new evidence will not be accepted during reconsideration unless its a judge direction that HO should set aside the initial refusal and make your application as pending rather than a reconsideration.

Its your choice if you want to re-submit a fresh application or if you want to appeal. You are the one to consider the time factor as appeal will take btw 3-6months and fresh application might take around 2months or even more.

If you decide to submit a fresh application, then wait for the second refusal letter which confirm your appeal right and also the option to re-apply within 28days of refusal.

[S&T]

Thanks for your reply

We only submitted this new evidence becoz case worker sent us a letter asking us to provide more information about showing access to each others funds , for which we had to convert our existing single ac into a joint ac and send this as new evidence to prove access to each other.

we are planing to make a fresh application
1: Will HO send us back all the documents
2: do we have to do everything fresh ( business plan , marketing , etc ...)
3: Can we submit photo copies of all the documents as HO have our original documents

Please advice ,
Thanks

[Olasunkanmi]

@ S&T,

1: Will HO send us back all the documents
NO, they will only send you the refusal letter with appeal form if you still have appeal right.

2: do we have to do everything fresh ( business plan , marketing , etc ...)
No, just fill in new application form with payment method and attached all new evidence you wish to submit, they will use your previous documents with any new updated ones you submit with new application.

3: Can we submit photo copies of all the documents as HO have our original documents
You should submit new important evidence like updated bank statement for 50k investment funds and maintenance funds and also CAR, and others that you can get. But your original documents like, passports, certificates, transcript e.t.c will be located with your new application and you shouldn't worry about them.