Reapplying on same company after refusal

[removed user]

I am planning to reapply after refusal - the visa was refused after interview and the main reason was the evidence. I wish i would have taken something at the interview. Any suggestions will be highly appreciated. I am planning to apply with all the evidences now which includes the below on the same company i applied before.

Cover Letter
Application Form & Photographs
Business Plan
Service Contracts
Business Cards
Letterhead
Printouts of Gumtree Advertisement, Website, oDesk, PeoplePerHour
Invoices for Expenses
CV
NFQ Level 6 – Job Title
Business Bank Statement
Personal Bank Statement
Current Appointment Report
HMRC printout showing UTR Number
Federation of Small Business Documents
Public & Employers liability Insurance Documents
Academic Transcripts
Professional Certifications
Passport & Biometric Card

If they refuse again, then i believe i will have solid ground to appeal or go into JR. I am not going to register a new company because everything is genuine and can be proven. What are your thoughts?

[help_please]

better not to take risk.....goto 2 to 3 lawyers get different opinions and let lawyers check your documents.....then sit down and compile all point and then go for it....

[removed user]

better not to take risk.....goto 2 to 3 lawyers get different opinions and let lawyers check your documents.....then sit down and compile all point and then go for it....

What risk do you foresee?

[help_please]

because lawyers are always upto date, and they are dealing with such thing everyday....they will take not more then £50 to check documents.... even you are sure and done everything according to guidance, still i would recommend 3rd person(professional) should check your documents.....

[removed user]

because lawyers are always upto date, and they are dealing with such thing everyday....they will take not more then £50 to check documents.... even you are sure and done everything according to guidance, still i would recommend 3rd person(professional) should check your documents.....

Do you know any good lawyer who can check documents? Some lawyers are saying you cannot apply with a company that has been registered for more then 3 months that is why i dont feel satisfied with lawyers because the policy guidance says that you can apply even if the company is 3 months old.

[help_please]

no....i don't....open new topic for searching good lawyers....or google it...

[memoa]

Hi everyone,

I also get visa refusal (Tier 1 (PSW route) last week and I need to submit a fresh application as I do not have the right to appeal bcz my current visa is still valid.

My query now is about the idea of re-establishing a new company??!!!

My company now were registered for 3 months and 20 days. This company is still active and offers services to my client. By the time I will submit my fresh application, the company will be registered for about 4 months.

I still have doubts about re-establishing a new company as I checked the policy guidance on p.24 under the subtitle : Directors which states:

114. If you are a Director of a UK company when you apply you must provide:

"115. The date of this document should be within the three months immediately before the date of this application."


*I found the above condition is also stated in different wordings:

As you are applying under provision (d) of table 4, you are required to demonstrate that you meet the following additional criteria:

(iii) were, on a date falling within the three months immediately prior to the date of application, (2) registered as a new business in which he is a director. (This statement was mentioned in my refusal but as a general guidance policy not as a reason for refusal as they said that I have demonstrated that I satisfy (iii) condition above.


This condition is also re-stated in Appendix A (Attributes) Table 5:

(On a date no earlier than three months prior to the date of application, the applicant was:

[(b) registered a new business in which he is a director,..]


According to this, I am very confused and cannot interpret the meaning of the phrases (such as within three months immediately, no earlier than 3 months and so on). it is very misleading.

Do I need to re-establish a company ??? As I understood from the above statements that my company now will not be accepted as it is registered for about 3 months and 20 days which does not fall immediately within the 3 months of my fresh application which will be on first of June.


“On a date no earlier than three months prior to the date of application”

*What does – no earlier than three months prior to the date of application suggests?[/size]


Please advise me as your appreciated answer will help me to go forward in my new application.

[KickAss]

IT has been discussed 100 times now and if you will search this websute quoting same words you will get many answers bu Guru's.

Ill post it for you again !

If (Your comapny < 3 months old)
{
("You are Fine !")
}
Else
{
("Provide Current Appointment Report for 3 GBP from Company House !")
}

They just want to check if you are still the Director of the Company.

[Entrepreneur9]

Hi kamilanwar, you have mentioned in the above list - NFQ Level 6 – Job Title . Can you please tell me what type of document is that? Have you just pasted your job title and the soc code on a blank page? Many Thanks

[memoa]

Hi guys,

I appreciate everyone who took time to reply to my post regarding the three months issue of the new company in which I am the only director.

I am not stupid but I think the three months issue is a point of negotiation. I can see this contradiction from people's different views regarding this issue. I also went to 2 solicitors, but every one has different opinion.

(my matter is that I get rejected last week and I need to re-apply in the first week of June. But the point that made me mad is whether I need to re-establish a new company or not?? as my first company in which i am the director is 4 months now old by the time i will apply for visa again.)

Does anyone have concrete evidence such as he got rejected bcz his company is older than three months by the time he applies)

NB: I have NOT been rejected in my previous application bcz of the three months issue as my company was falling within the three months time before application submission.

I collected some posts on this forum regarding this issue, and you can judge if i am mad or not
..........................................................................................................


[quote="kamilanwar"] wrote:

Some lawyers are saying you cannot apply with a company that has been registered for more then 3 months that is why i dont feel satisfied with lawyers because the policy guidance says that you can apply even if the company is 3 months old.
...........................................................................................................

[quote="nickb"] Posted: Fri Apr 26, 2013 9:28 am Post subject: Visa Rejection This author wrote: Hi

I had applied for Tier 1 Entrepreneur Visa under the PSW category. I recently got rejected on the grounds that I do not satisfy the point of being registered as a director of a company in the last 3 months. This is a complete contradiction as I did submit the Current Appointments Report from Companies House which is what is required according to the policy guidance. The caseworker doesn't even acknowledge receiving this document in the rejection letter.
...........................................................................................................


Kickas: Posted: Mon May 20, 2013 7:41 am Post subject:

IT has been discussed 100 times now and if you will search this websute quoting same words you will get many answers bu Guru's.

Ill post it for you again !

If (Your comapny < 3 months old)
{
("You are Fine !")
}
Else
{
("Provide Current Appointment Report for 3 GBP from Company House !")
}

They just want to check if you are still the Director of the Company.
...........................................................................................................

tanvir1985th
Junior Member Posted: Mon May 20, 2013 6:12 pm wrote:


my friend got visa having 1 month old business and another person got refused coz his business wasnt 3 months old. so i would say go for 3 months coz UKBA people are absolutely drunk and stupid.
...........................................................................................................

sweetlove
Newbie wrote: Posted: Mon May 20, 2013 5:11 pm

TO memoa
(Junior Member)
no need to re establish the business again..the business needs to be atleast 3 months older means minimum the business should be 3 months older...

if it is MORE OLDER THAN like 6-7 months whatever , still u need not to re establish..
this is a very common myth among the tier 1 applicants..
the business should be at least (means 'minimum' ) 3 months older
BUT MAXIMUM IT COULD BE any period ( but of course ideally not older than say 10 month...)

the documents u require :prints of online advertisement of your business, newspaper advert, contracts with clients..and please regarding this see the other threads..as many good and successful applicants have provided detailed information about this evidences..all the best..

so relax n re apply...fingers cross for me as am waiting for my result.
...........................................................................................................

LEGAL SOLUTION
Junior Member Posted: Mon May 20, 2013 5:31 pm

LEGAL SOLUTION commented on Sweetlove post and wrote:
hi

i dare to differ

business can not be older than 3 months. it says 'not earlier than 3 months'

so business has to be within 3 months.
...........................................................................................................

Please help me to sort this out

[Entrepreneur9]

memoa:

It clearly says in the policy guidance that:

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur).

However it also says that:

"If you were registered earlier than this you will still need to provide evidence that you were registered in this period."

If you submit the latest Current Appointments report than you are providing evidence that you were registered in this period.

I am applying for the visa next month and my company is more than 6 months old however I will provide the latest Current Appointments Report.

And if the reject my case than I have a strong point of appeal.

Hope this helps?

[mjay]

memoa:

It clearly says in the policy guidance that:

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur).

However it also says that:

"If you were registered earlier than this you will still need to provide evidence that you were registered in this period."

If you submit the latest Current Appointments report than you are providing evidence that you were registered in this period.

I am applying for the visa next month and my company is more than 6 months old however I will provide the latest Current Appointments Report.

And if the reject my case than I have a strong point of appeal.

Hope this helps?

hi
friend as of my understanding from policy guidance no matter when u register ur company with companies house but when u submit ur current appointment report that must be within 3 months its mean ur company is active with the companies house with the latest 3 months when u submit ur application.

another thing I want to ask when we re apply tier 1 if in case refused again than we can get right of appeal? thank u