Post
by dreamsworld » Sun Feb 23, 2014 3:14 am
Dear Readers,
I have applied for a Tier 1 Entrepreneur Visa in September 2012. I have the funds available in my Father's account in Pakistan. I have made the initial application on my own. I have submitted the application well in time before my previous visa expired (Post Study Work Visa).
The UKBA has taken 1 Year and 3 Months for the processing and after this time they sent a refusal (for two points) with a right of appeal. The refusal points were;
1) The applicant name was missing on the Advertising Material.
- The applicant name has to be present either on the 'Advertising' or the 'Marketing' material. The name was present on the 'Business Card' in the documents submitted in original with the initial application. Furthermore, the name of the applicant with the designation was also present on the 'SNAPSHOT' of the website.
2) There were no enough information present on the Bank Letter stating that the amount is transferable in the United Kingdom
- The initial bank letter however does not say it but when I have requested the bank to produce for me a letter after I have received the Refusal, the bank did produce the letter as requested by me but they took a month for producing the letter. When I was in the Court, the Respondent asked me a question if I have approached the Bank on my own and have requested them to produce the desired letter to which I responded (IN SHORT TIME) that yes I have approached the bank after I have received the Refusal to which Bank stated that they can not change their Bank Policies in Days for one client specific requirement.
[The Bank is a Financial Entity and the Bank is registered with the Central Bank of Pakistan. So a Financial institution requires some time frame to think about changing a policy. At the time when I was present in the court, I did not have the letter with me but after when I have received a refusal from the court as well and I have been given a right to make an appeal to the Upper Tribunal I did have the required letter, so I appealed at the Upper Tribunal stating everything regarding the case but the Upper Tribunal did not exercise my appeal request and have refused it. On 19th February, I have received a letter stating that I have no further right of appeal. The letter does not say anything regarding my departure or not requesting me to leave the country either voluntarily or by force. The letter just states that I do not have a right of further appeal.
My solicitor has challenged the Secretary of State decision by stating that the 'Flexibility' criteria should have been exercised as part of the responsibility from the Home Office and applicant has been requested to provide with the additional documents. The 'Flexibility' law as the Respondent replied was not applicable for my case and the Court was not ready to accept it. But the outcome of the hearing was different.
I am really stressed out. As I have the bank letter, I have made the initial application in time. On the Bank letter, I am a Mandate which means I do have the equal rights to operate in the said account. Since, September 2012 I have few fixed clients that I have been working with. I am at the moment working on few most important projects of my life which are going to change my life and they are going to help the UK Economy to groom. But I am unable to do the Business or my projects freely as I do not feel secure to invest the money if they are keep ignoring my grounds.
Please state that what should I do as the letter states clearly now that I do not have any further right of Appeal but it does not say anything regarding my removal.
regards