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Tier 1 Entrepreneur Processing Time (Extension Applications ONLY)

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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samaygrg
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Posts: 607
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Location: United Kingdom

Re: URGENT.

Post by samaygrg » Wed Jan 30, 2013 1:56 pm

tier1enterpreneur wrote:Hello Everyone I will highly appreciate if someone could help me on urgent basis. I am applying my visa tomorrow. I thought everything was in place. Just as proof checking I was reading the policy guidance and came across if I am depending on my wife's funds (part of it) it will be considered as third party funds. But in my case we have a joint account and its not like she is holding the funds in her personal account. The funds are readily available to me as its joint. My question is will I need a declaration from her which needs to be attached with a legal adviser confirming the validity or can I just have a declaration from my wife to confirm the funds available to me.
Please help me get the correct advise and also if I need a letter from legal adviser where can I get it urgently as well as should it be notarized or just attested by the solicitor or something. I am stressed please help me out .....
hi
I am stuck with same query....and hence wonderin if you get any right advice on it and will appreciate if you tell or PM about how you moved on in this regards...thank you.

webmaster11
Newbie
Posts: 32
Joined: Fri Dec 28, 2012 12:32 am

..

Post by webmaster11 » Wed Jan 30, 2013 2:40 pm

well this is a good news and bad news as well as genuine people who r interested in making an investment will only apply for visas now..however ppl who wana stay here and get refused can i guess easily win the case if they appeal bcoz they can easily defend by saying when they applied no such rules were there.. so i guess more wait for every1... however this is the first time i have heard when new rules are announced they are implemented on previous applicant as well..

RizKCB
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Re: ..

Post by RizKCB » Wed Jan 30, 2013 3:04 pm

webmaster11 wrote:well this is a good news and bad news as well as genuine people who r interested in making an investment will only apply for visas now..however ppl who wana stay here and get refused can i guess easily win the case if they appeal bcoz they can easily defend by saying when they applied no such rules were there.. so i guess more wait for every1... however this is the first time i have heard when new rules are announced they are implemented on previous applicant as well..
They are giving 28 days time to submit if they request anything from applicant. This time UK took action on already submitted files just like Canada n Australia. Appeal is very difficult in this situation because 28 days of time given by UKBA and all steps take by them are to verify the genuineness of the application. There is nothing new thing requested by UKBA in it. Only updated things.

gardazi76
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Joined: Fri Jan 11, 2013 8:03 pm

Re: ..

Post by gardazi76 » Wed Jan 30, 2013 3:55 pm

RizKCB wrote:
webmaster11 wrote:They are giving 28 days time to submit if they request anything from applicant. This time UK took action on already submitted files just like Canada n Australia. Appeal is very difficult in this situation because 28 days of time given by UKBA and all steps take by them are to verify the genuineness of the application. There is nothing new thing requested by UKBA in it. Only updated things.
hello did u know any thing about what they asking for in 28 days time as that thing was not mentioned they will be asking people regarding that as if u know any thing about it do share about it

so people can make the papers UKBA asking

aziz1053
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Location: London

change in rule & law

Post by aziz1053 » Wed Jan 30, 2013 4:05 pm

Hi,
Can any one confirm that if there is a CHANGE in rule & law how it can be applicable to previous applications because if applicant has applied before it has applied under that circumstances. They are not sure themselves what they trying to do ? How they can judge if the purpose of the visa is to get stay in Uk or run relevant business in it's real spectrum . It's on indivdual attention or they have to strict the law more or close down. Similar situation of playing games & over coming the law happened with Tier 1 Highly Skilled Migrants finally they closed when they got to know that highly skill migrants are doing cabing security & stoking in stores. Law is made by Humans, over come by humans & ammended by them as well.

therock
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Post by therock » Wed Jan 30, 2013 4:07 pm

Well, there is not much we can do. The good thing is, the immigration judges are very friendly, this is the only hope if anything happens.

RizKCB
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Post by RizKCB » Wed Jan 30, 2013 4:22 pm

Only to get ready for anything to be produced within 28 days of Case Officer's request. Appeals itself are new application. For all effectees, the time will be full of depression. Business days for Consultants/lawyers are coming. This country is a sugar coated poison now.

Best of luck to everybody.

gardazi76
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Re: change in rule & law

Post by gardazi76 » Wed Jan 30, 2013 4:23 pm

aziz1053 wrote:Hi,
Can any one confirm that if there is a CHANGE in rule & law how it can be applicable to previous applications because if applicant has applied before it has applied under that circumstances. They are not sure themselves what they trying to do ? How they can judge if the purpose of the visa is to get stay in Uk or run relevant business in it's real spectrum . It's on indivdual attention or they have to strict the law more or close down. Similar situation of playing games & over coming the law happened with Tier 1 Highly Skilled Migrants finally they closed when they got to know that highly skill migrants are doing cabing security & stoking in stores. Law is made by Humans, over come by humans & ammended by them as well.
hello

this is the web link ok ukba which shows who will effect due to that rule

http://www.ukba.homeoffice.gov.uk/sitec ... trepreneur

cheers

webmaster11
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....

Post by webmaster11 » Wed Jan 30, 2013 7:22 pm

well dont u think that ppl who have been waiting for the decision for 5 months can easily defend if they get refuse... it is very simple by saying when i made an application these rules were not there..what they are asking is correct ur mistakes which u have done in past which is i guess not possible....for me these new rules are ridiculous but it is a best time if ur a immigration consultant or a solicitor... good news for these profession they will be making money ....hatts off to UKBA...

gardazi76
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Joined: Fri Jan 11, 2013 8:03 pm

Re: ....

Post by gardazi76 » Wed Jan 30, 2013 8:00 pm

webmaster11 wrote:well dont u think that ppl who have been waiting for the decision for 5 months can easily defend if they get refuse... it is very simple by saying when i made an application these rules were not there..what they are asking is correct ur mistakes which u have done in past which is i guess not possible....for me these new rules are ridiculous but it is a best time if ur a immigration consultant or a solicitor... good news for these profession they will be making money ....hatts off to UKBA...

gardazi76
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Joined: Fri Jan 11, 2013 8:03 pm

Re: ....

Post by gardazi76 » Wed Jan 30, 2013 8:05 pm

webmaster11 wrote:well dont u think that ppl who have been waiting for the decision for 5 months can easily defend if they get refuse... it is very simple by saying when i made an application these rules were not there..what they are asking is correct ur mistakes which u have done in past which is i guess not possible....for me these new rules are ridiculous but it is a best time if ur a immigration consultant or a solicitor... good news for these profession they will be making money ....hatts off to UKBA...
Hello

Well I don't mind of this rule as I will be investing money here in this country as my sons here now even making my other family members also applying to come here and finish nearly every thing in Pakistan

So if u want to do some thing here then don't have to worry about it isn't it plus the genuine people don't need to go to solicitor also just appeal by himself as they will have money in Pakistan or here or already invested

webmaster11
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Post by webmaster11 » Wed Jan 30, 2013 8:15 pm

i am not worried about it as well as i do have the money and i am gonna keep it in my account untill i get my visa. the thing that is worrying me is if i make an investment and after 3 years UKBA says that they r ending this category what will i do then...means they can do anything they want...

rehan01
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Post by rehan01 » Wed Jan 30, 2013 8:31 pm

webmaster11 wrote:i am not worried about it as well as i do have the money and i am gonna keep it in my account untill i get my visa. the thing that is worrying me is if i make an investment and after 3 years UKBA says that they r ending this category what will i do then...means they can do anything they want...
No they won't close the category or may be for new applicant but there will be something for people who are already in this category. I don't knw if you are aware of it not same thing happend to work permit holders and hsmp people but people who been granted visa and are this category there will be something for them so do not worry much about it. But like you said you never know

Regards

RizKCB
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Post by RizKCB » Wed Jan 30, 2013 8:37 pm

Its good you still got money in your account and continue to keep it until decision.

Two things on which UKBA took action in recent changes:

"There is strong evidence that funds to prove eligibility are being re-cycled amongst different applicants and that artificial businesses are being created. We need to tighten the current rules to allow for a meaningful assessment of the credibility of an applicant for this route."

Their every investigation about applicants in recent changes is concerned with the above justifications. Which includes: Nature of Business, Previous Experiences, Knowledge/Education, Any association/Insurance/certification/registration required to run that business, Any investments made, viability and credibility of the applicant's business plans and even an interview if they are not sure.

webmaster11
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Post by webmaster11 » Wed Jan 30, 2013 8:40 pm

well exactly u never know.. what i think is they r going to do is ask people for updated statements... bcoz it is not i guess possible for them to interview every person...thats what i think ... i dont know wheter to worry about it or not as i have experience in past its all about convincing the case worker during the interview and if they think ur wrong however in reality ur right they still will refuse u...so in actual point based system is crap :)....

gardazi76
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Joined: Fri Jan 11, 2013 8:03 pm

Post by gardazi76 » Wed Jan 30, 2013 8:49 pm

Ukba can't stop immigration they can only make it hard like they finished psw but changed it different tiers as they get money from work bank for this category so u will see people will get visas before the budget as they need to show how much money they took from outside
It's all politics this gov is against Asian immigration totally but they signed can't do any thing
I love labour and always support labour as they are good for the working class not this only for rich people's

Anyways this is not politics form but for me people who are genuine they won't have problem but they can get bit stuck due to those people how are
Not genuine and I know ukba ate one or the stupid department they can't see how is genuine as they don't have much experience yes if we go to appeal the judge there see the paper work properly
With me I don't care when I get visa ill be investing money here from march just waiting for bio as they ask for 90 days maintance which will finish in feb n I need to work or do business to earn money and bio will be done in week te for sure
And as on the site processing is 4 weeks after bio so if they are late not my head ache

RizKCB
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Post by RizKCB » Wed Jan 30, 2013 8:53 pm

Well, this point is absolutely right that they could ask for updated statement. But their observation is 100% correct about Re-Cycling Money in bank accounts and showing Artificial Businesses. Everybody know what is happening around us. As far as point system is concerned, it was easy for case workers to decide and easy for applicants to organize application. It is more beneficial for applicants and hundreds of people got 'Advantage' of it. The point which clicked in their mind for Entrepreneur Visa is that "Number of Applications" they received in a very limited time. They are well aware about PSW visa scam. So rather than to put themselves under pressure after issuing visas, this time they put us under pressure to change the rules to apply even on those applications which are under process.

Ahmed25
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Location: London

Post by Ahmed25 » Wed Jan 30, 2013 10:27 pm

RizKCB wrote:Well, this point is absolutely right that they could ask for updated statement. But their observation is 100% correct about Re-Cycling Money in bank accounts and showing Artificial Businesses. Everybody know what is happening around us. As far as point system is concerned, it was easy for case workers to decide and easy for applicants to organize application. It is more beneficial for applicants and hundreds of people got 'Advantage' of it. The point which clicked in their mind for Entrepreneur Visa is that "Number of Applications" they received in a very limited time. They are well aware about PSW visa scam. So rather than to put themselves under pressure after issuing visas, this time they put us under pressure to change the rules to apply even on those applications which are under process.
Its seems that those changes are for psw holders only. Because for cat A (200k) they don't ask for any bussines plane or education detail. So, how would they know about these things.

RizKCB
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Post by RizKCB » Wed Jan 30, 2013 10:44 pm

These changes apply to everyone applying from inside or outside the country through Entrepreneur route. It depends on case worker what he/she asks applicant to provide. It is not necessary in each case. Visa could be refused OR granted without asking anything as well.

gardazi76
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Post by gardazi76 » Wed Jan 30, 2013 11:49 pm

RizKCB wrote:These changes apply to everyone applying from inside or outside the country through Entrepreneur route. It depends on case worker what he/she asks applicant to provide. It is not necessary in each case. Visa could be refused OR granted without asking anything as well.
well this problem is for inside the Uk outside uk they are issuing visa in 4 weeks time max which goes just like that i keep on seeing the UKBA site how many visa they are are isuuing outside uk 90% visa issued in 40 days and here more then 6 months

RizKCB
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Post by RizKCB » Thu Jan 31, 2013 12:30 am

gardazi76

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

On the above link, go to the bottom of Page 3 which states as follow:

Implementation
The changes set out in this Statement shall take effect on 31 January 2013. With regard to the change set out in paragraph 9 of this Statement only, if an applicant has made an application for entry clearance or leave to remain before 31 January 2013 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 30 January 2013.


Secondly, UKBA has no concern with processing times to decide these changes. They have already expressed their concern to implement those changes in the 3rd and 4th paragraphs of the following link.

http://www.ukba.homeoffice.gov.uk/sitec ... ms-t1e.pdf

The specific lines in those paragraphs states:

“There is strong evidence that funds to prove eligibility are being re-cycled amongst different applicants and that artificial businesses are being created.”

“I am also making a further change to require the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather than solely at the time of the application. This will apply to those already in the UK and those who apply to come here under the Entrepreneur route.”

There are still some issues unknown about these changes which might come in a few days.

RizKCB
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Post by RizKCB » Thu Jan 31, 2013 1:10 am

I was surprised why the proposed changes are laid on 30 January and passed on the same date for effectiveness. It was so quick... Then I gone through following point:

The number of in-country applications has risen from 739 in 2011 to 6,878 in 2012, accelerating in the second half of the year and culminating in a spike of nearly 3,000 applications in December alone. The Government believes the spike in December was largely related to the advance notice of the changes to the Tier 1 (Entrepreneur) category that were announced when HC 760 was laid on 22 November 2012, and which came into force on 13 December 2012 (These changes prevented students from switching into the route unless they have £50,000 funding from a specified source, such as a registered venture capitalist firm or UK Government department). Although the volume of applications has since fallen from that spike, it continues to be high and, combined with the evidence of abuse, gives rise to the need to act quickly. Announcing these latest changes with 21 days notice would be likely to generate a similar spike in abusive applications to that seen in December, from those seeking to avoid the new tests of genuineness.

rehan01
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Post by rehan01 » Thu Jan 31, 2013 3:14 am

RizKCB wrote:I was surprised why the proposed changes are laid on 30 January and passed on the same date for effectiveness. It was so quick... Then I gone through following point:

The number of in-country applications has risen from 739 in 2011 to 6,878 in 2012, accelerating in the second half of the year and culminating in a spike of nearly 3,000 applications in December alone. The Government believes the spike in December was largely related to the advance notice of the changes to the Tier 1 (Entrepreneur) category that were announced when HC 760 was laid on 22 November 2012, and which came into force on 13 December 2012 (These changes prevented students from switching into the route unless they have £50,000 funding from a specified source, such as a registered venture capitalist firm or UK Government department). Although the volume of applications has since fallen from that spike, it continues to be high and, combined with the evidence of abuse, gives rise to the need to act quickly. Announcing these latest changes with 21 days notice would be likely to generate a similar spike in abusive applications to that seen in December, from those seeking to avoid the new tests of genuineness.
well its a big rise in application from 739 to 6878 and than half of second rise in month of December only ....... so ofcourse something is not write and created doubt in UKBA and that is why changes came straight away without any notice and implemented right away........... it will definitely cut the number of application down as people who are abusing system will not be able to do so and also third party funding applicant will be almost over unless someone is 100000 % genuine in third party funding.

regards

gardazi76
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Post by gardazi76 » Thu Jan 31, 2013 12:18 pm

Applied on : 10 December 2012

Bio letter : 29 jan
but name wrong have to wait for new one now


UKBA sucks

aziz1053
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Post by aziz1053 » Thu Jan 31, 2013 1:14 pm

Yes Gardazi, you are very right.. They are out of their hands. They are very accurate & quick in deducting the fees very next day - rest of the case or visa they don't bother. Its nearly 6 months now no reply from HO. They should clear back log & issue the visa to applicants who had already applied & do the important ammendments or whatever they like in April 2013. I'm up to the neck cancel all my plans to overseas.. One should have in mind 1 year of processing time..

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