What changes do we make according to new rules !!!

[kim1]

What changes do we make to our current visa applications file to make them stronger under new rules?

People in process of applying plz contribute to this thread.

[tuliprose]

What changes do we make to our current visa applications file to make them stronger under new rules?

People in process of applying plz contribute to this thread.

These new changes are mainly about holding funds.

If an applicant had funds in place and continued to hold then no changes. But any applicant had only maintained funds at the time of application then they must arrange the funds again to maintain in their account or invest in their businesses.

[rizwan567]

No change. Apply as normal. Only change is that you may be asked on later date to confirm that you have funds available and you may be called for interview at one of the UKBA offices before decision is reached on your application.

The changes are infect mainly affecting overseas applicants, as after changes ECO has more powers to check the genuineness of application.

_______________________________________________________

P.S: Yes, there is a one change. If you are applying thrugh third party funding then the third party must confirm that funds will be retained until trasnferred to the applicant in the UK. This sentence was previously not needed. And if you apply after 31 Jan and this is not mentioned in the third party declaration, your application can be refused.

[rizwan567]

I found one article which beautifully summarized the changes, i like to share this with you, source is migraco.com


30 January 2013

The UK Border Agency (UKBA) has published today a new Statement of Changes to amend the current Immigration Rules pertaining to applications made for leave to enter and remain under the Tier 1 Entrepreneur Scheme.

It has also decided that these changes will take immediate effect in order to avoid a surge of applications in the next few weeks although it is customary for amendments to be laid before the Parliament no less than 21 days from their implementation.

However, these changes and their swift implementation on 31 January 2013 have been justified as a necessary response to the abuse by migrants applying since "It is clear that [..] loopholes in the Tier 1 (Entrepreneur) are being exploited. Funds are being recycled and artificial business are being created".

As a result, a "genuine entrepreneur test" is being introduced to assess the credibility of applicants and their ability to invest in the UK economy when setting up a new business or joining an existing one.
In practical, when assessing an application, the UKBA will take into account the following:

the evidence the applicant has submitted;
the viability and credibility of the source of the money;
the viability and credibility of the applicant's business plans and market research into their chosen business sector;
the applicant's previous educational and business experience (or lack thereof);
the applicant's immigration history and previous activity in the UK; and
any other relevant information.

In addition, the UKBA reserves the right to request additional information and evidence to support the assessment and to refuse an application if the information or evidence is not provided. Any requested documents must be received by the UK Border Agency at the address specified in the request within 28 working days of the date of the request.

In addition, the UKBA reserves the right to curtail a Tier 1 Entrepreneur's leave to remain in the UK if the funds were to cease to be available to the applicant, namely if they were not to be spent in the business. Please note that spending on one's salary will not be considered as investing in the business.

We would strongly recommend any prospective applicant to seek legal advice if affected by these changes.

[MNaveedonline]

well. After taking Enterprenuer visa, If i will go back to Pak. for 2months holidays and when i will come back, the visa officer check 50,000 pounds funds again for business.

[rehan01]

well. After taking Enterprenuer visa, If i will go back to Pak. for 2months holidays and when i will come back, the visa officer check 50,000 pounds funds again for business.

Mr MNaveedonline,

you have posted the same question in every single thread and this is not related to the thread you are posting your question please make a new topic and post your question there so everyone will have a read and reply if possible.

I hope I didn't offended you, apologize in advance

regards

[kim1]

No change. Apply as normal. Only change is that you may be asked on later date to confirm that you have funds available and you may be called for interview at one of the UKBA offices before decision is reached on your application.

The changes are infect mainly affecting overseas applicants, as after changes ECO has more powers to check the genuineness of application.

_______________________________________________________

P.S: Yes, there is a one change. If you are applying thrugh third party funding then the third party must confirm that funds will be retained until trasnferred to the applicant in the UK. This sentence was previously not needed. And if you apply after 31 Jan and this is not mentioned in the third party declaration, your application can be refused.

I would like to differ, people like us applying outside UK have been avoiding business plans, and know there is a reason due to changes applicants should include a business plan which also includes a market research relating to the specific field.

[kim1]

I am deffo going to include a Business plan along all other things in the case file, to avoid a delay in the case processing, an ECO might call you up and ask for it in later days once you have submitted the application, so why not do it the first time, this will give ECO an indepth understanding of ur future plans and show your seriousness, I think if you have a week case or business plan you might be called up by ECO/BHC for an interview.

Keeping money after visa issued is not a problem getting a quick and successful decision is important.

[sansuni]

Hi i applied tier 1 entrepreneur on 23/01/2013 from india
While am applying i have not included business plan,because its not mandatory ,but new rules specify that we may need business plan ,can i know does application will be alright to get entry clerance

[Humv]

well. After taking Enterprenuer visa, If i will go back to Pak. for 2months holidays and when i will come back, the visa officer check 50,000 pounds funds again for business.

Mr MNaveedonline,

you have posted the same question in every single thread and this is not related to the thread you are posting your question please make a new topic and post your question there so everyone will have a read and reply if possible.

I hope I didn't offended you, apologize in advance

regards

Well said!

[maverick_76]

Hi i applied tier 1 entrepreneur on 23/01/2013 from india
While am applying i have not included business plan,because its not mandatory ,but new rules specify that we may need business plan ,can i know does application will be alright to get entry clerance

Since you have applied before 31-Jan you should be alright. Worse case scenario will be that you might be requested for additional documentation i.e. a business plan. It would be good if you prepare one, just in case you may need it.

[Jabs]

Unconvincing applications may draw UKBA's attention. Speaking to a friend of mine last night, we think if you are at the bottom of the funnel i.e. applied 3+ months ago then you may be OK as UKBA don't have the time and resources to chase up everyone in a timely manner unless your application sticks out like a sore thumb. This is only an assumption.

[RizKCB]

Guys it is a kind of examination in which question paper is already leaked out. We all know what they could ask to provide within 28 days. Just prepare and get ready for that.

If they did not tell us before and started to take decisions???

Get ready if you are genuine or near to be genuine.

[ac2107]

Guys it is a kind of examination in which question paper is already leaked out. We all know what they could ask to provide within 28 days. Just prepare and get ready for that.

If they did not tell us before and started to take decisions???

Get ready if you are genuine or near to be genuine.

The business plan is virtually part of the requirements now?

And better to have it before apply? Cause it might be very difficult to produce a genuine and convincing plan within 28 days after the request from UKBA.

from the statements they said the case worker will assess the viability and credibility of the business plan. With all the respect, in what capacity the case worker is capable of assessing a business plan? They simply do not have the relevant experience and ability.

[RizKCB]

Who knows? It would be disaster for the victim...

[saeedusman]

I think the main emphasis for recent changes is to make sure or get some kind of surety that the funds are not re-cycled. The business plan and market research are minor and secondary issues.

Main things for preparation for new applicants, especially from overseas:

1) Get you investment account opened as soon as possible and start maintaining big amounts with regular transactions, so that ECO can see the person already coming from business background.

2) Have company or self employment with all other related docuemtation showing you are already a business man and now gonna extend your business to UK.

3) Do a bit search for the relevant field and prepare some material, as here needed for the PSW holders.


4) And other members are appreciated to contribute, that how the new applicants should proceed.....

The main thing is PLAN WELL AHEAD, I will say atleast 3 months statements even for investment funds and strong documentation to show that you are the right person to be an entrepreneur in the UK.

[kim1]

Who knows? It would be disaster for the victim...

Think positive, If you are a genuine applicant and you have a solid plan for business, why would it be disastrous.

If applicants has doubts in there own minds how do you suggest it wont come to ECO mind, better way is to submit a business plan first time round.

[rahulsingh1]

The ECO/ Caseworker ?

These guys are school pass outs in the UK or would have gone to tier 4 universities. Which is why they landed a job in the UKBA in the first place.

And UKBA is expecting these plebs to do the job of McKinsey & Co (where HBS grads go to work), and that is to evaluate the viability of a business plan. really ?

What rubbish ? I must say Theresa May has gone bonkers and is killing what she is paid to encourage.

I should say if the UKBA is reading this forum, which I know they do.

Is that guys, just do your job, do not go beyond your payscale to judge a business plan. If you were capable of doing that, you would be working in investment banking for goldman sachs.

[kim1]

What if, it was mandatory to submit a B' plan with these cases you would have no choice and you would not be complaining about it because end of the day you want the visa and they want the evidence( whatever they regard as evidence) or documents required.

Remember ECO's/Caseworkers are not there to issue visa they are there to refuse you, its your job to not give a reason to them, to do so.

[ac2107]

Exactly, we have no choice but to produce a business plan upon request if a case worker wish to do so. No problem with that at all.

I am just not convinced that they can assess the viability of the business plan, can they really refuse us if they think the plan is not viable?


Maybe, just maybe this business plan thing is only a excuse to test the credibility of the applicant. If one wants to abuse the system maybe he would not bother to prepare a plan at all.

[rehan01]

Exactly, we have no choice but to produce a business plan upon request if a case worker wish to do so. No problem with that at all.

I am just not convinced that they can assess the viability of the business plan, can they really refuse us if they think the plan is not viable?


Maybe, just maybe this business plan thing is only a excuse to test the credibility of the applicant. If one wants to abuse the system maybe he would not bother to prepare a plan at all.

Absolutely correct we have no choice but to produce whatever they request.

[hham1224]

The ECO/ Caseworker ?

These guys are school pass outs in the UK or would have gone to tier 4 universities. Which is why they landed a job in the UKBA in the first place.

And UKBA is expecting these plebs to do the job of McKinsey & Co (where HBS grads go to work), and that is to evaluate the viability of a business plan. really ?

What rubbish ? I must say Theresa May has gone bonkers and is killing what she is paid to encourage.

I should say if the UKBA is reading this forum, which I know they do.

Is that guys, just do your job, do not go beyond your payscale to judge a business plan. If you were capable of doing that, you would be working in investment banking for goldman sachs.

I made my business plan but didnt submitted as this was not the requirement at the time when I applied. But I still had it, if they will ask I will provide them.

[hham1224]

Exactly, we have no choice but to produce a business plan upon request if a case worker wish to do so. No problem with that at all.

I am just not convinced that they can assess the viability of the business plan, can they really refuse us if they think the plan is not viable?


Maybe, just maybe this business plan thing is only a excuse to test the credibility of the applicant. If one wants to abuse the system maybe he would not bother to prepare a plan at all.

Most of the people here saying that the changes don't affect the genuine applicants. Well I think most of people applied are genuine with exception of some.

I am only addressing to the genuine applicants. £50,000 funds are not a small amount (or if you haven't won it in a lottery) it should carefully invested in a right way and when it is necessary. I am not saying it shouldn't be invested but in a right time on a right thing/stock/premises/asset.

UKBA should ask the applicant how £50,000 should be spent in the next three years by way of a cash flow forecast now and ask the applicant later to provide the evidence of actual investment at the time of extension as mentioned in the old rules.

This will give the time to the applicant to think about his business more efficiently and he may expand his business with this investment.

I disagree with UKBA to maintain £50,000 till the end as this will put extra pressure on the applicant same like the £900 funds requirement. Though £900 is not a big amount and can easily be maintained but the rule of even a day gap will reverse the clock kills etc.

Best Wishes,

[ac2107]

Exactly, we have no choice but to produce a business plan upon request if a case worker wish to do so. No problem with that at all.

I am just not convinced that they can assess the viability of the business plan, can they really refuse us if they think the plan is not viable?


Maybe, just maybe this business plan thing is only a excuse to test the credibility of the applicant. If one wants to abuse the system maybe he would not bother to prepare a plan at all.

Most of the people here saying that the changes don't affect the genuine applicants. Well I think most of people applied are genuine with exception of some.

I am only addressing to the genuine applicants. £50,000 funds are not a small amount (or if you haven't won it in a lottery) it should carefully invested in a right way and when it is necessary. I am not saying it shouldn't be invested but in a right time on a right thing/stock/premises/asset.

UKBA should ask the applicant how £50,000 should be spent in the next three years by way of a cash flow forecast now and ask the applicant later to provide the evidence of actual investment at the time of extension as mentioned in the old rules.

This will give the time to the applicant to think about his business more efficiently and he may expand his business with this investment.

I disagree with UKBA to maintain £50,000 till the end as this will put extra pressure on the applicant same like the £900 funds requirement. Though £900 is not a big amount and can easily be maintained but the rule of even a day gap will reverse the clock kills etc.

Best Wishes,

Yeah, I agree that the money shouldn't be left in the bank and rot.

What I think is that UKBA is not interested in how this money will be spent and invested. They just want the money deposited in the bank in UK and later on injected into the business, so that all the money will be taxable and traceable. Maybe thats why they want us to show we have the money throughout the application process and beyond. ALTHOUGH THIS MIGHT TOTALLY AGAINST NORMAL MONEY MANAGEMENT STRATEGIES.

At the end of day, what ever we do with the money, regardless the performance of the business, we created two jobs and all the money will by subject to tax and the UK economy should be benefited from us in principle.

[RizKCB]

Transferring 50,000 from personal account to business account means you have invested 50,000. It never means you must have to buy some thing and to show as an investment. Whatever you earn from your business; you put that in your business account, similarly what you spend in your business; you spend it through your business account. Whatever you do, you have to produce a document. If you work through a plan, by the end of 3 years; the documents might end up of worth £110,000 of money Coming IN and OUT of your business including Expenditures, Salaries, Profits, Taxes etc. (50,000 + 20,000 + 20,000+ 20,000) Assuming 20,000 is your earnings per year.

The first step is to get visa. After that, it is same like thousands of HSMP's are doing their businesses.

Hope you got the point.