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Visa Refused - Advise needed

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

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rizwan110
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Joined: Tue May 28, 2013 1:33 am

Visa Refused - Advise needed

Post by rizwan110 » Tue May 28, 2013 1:41 am

Hi

My visa had been refused after the interview and i have received a very long refusal letter. I am very upset about the situation and don't know what i should do to address the reasons:

Section A: Decision and Reasons
Refusal TO GRANT LEAVE TO REMAIN
We have considered your application on behalf of the Secreatary of Satate and your application has been refused under the Immigration Rules.
YOU DO NOT HAVE RIGHT OF APPEAL AGAINST THIS DECISION – SEE SECTION B.

In making the decision to refuse your application, careful consideration has been given to the following:
On 18 Sep 2008 you were granted leave to enter the UK as student until 31 January 2012.
On 21 September 2011 you were granted Leave to remain in the United Kingdom as Tier 1 (Post Study Work) migrant until 21 September 2013.
Non-Points Scoring Reasons for Refusal


You have applied for leave to remain in the UK as a Tier 1 Entrepreneur migrant but the secretary of state, with reference to Paragraph 245DD(h) is not satisfied that on the balance of probabilities that:
• You have genuinely established, taken over, or become a director of one or more businesses in the UK and continue to operate that business or businesses, as required by Table 4 of Appendix A in the Immigration Rules and
• You genuinely intend to invest the money referred to in Table 4 of Appendix A in the Immigration Rules in your business or businesses; and
• You do not intend to take employment in the UK other than under the terms of paragraph 245DE.

Paragraph 245DD(i) of the Immigration Rules states that, in making the assessment in (h) above, the Home Office will asses the balance of probabilities, and may take into account the following factors:

1. The evidence the applicant has submitted;
2. The viability and credibility of the source of the money referred to in Table 4 of Appendix A;
3. The viability and credibility of the applicant’s business plans and market research into their chosen business sector;
4. The applicant’s previous educational and business experience
5. The applicant’s immigration history and previous activity in the UK;
6. Where the applicat has already registered in the UK as self-employed or as the director of the business requires mandatory accreditation, registeration and/or insurance, whether that accreditation, registeration and /orinsurance has been obtained; and any other relevant information.

In making the decision to refuse your application, careful consideration has been given to the following:
(i) You have provided evidence of your business XXXX. With your application you submitted Lloyds tsb personal bank statements, Barclays bank business account statement, bachelor degree certificate in computer networking from XXXX University, Professional Certificate from Cisco. Companies House Current Appointment report dated 27 November 2012 for XXXX. Documents from HMRC on Corporation Tax CT41G, Value Added Tax 3&4. Contract dated 26 November 2012 between XXXX and XXXX Ltd. As evidence of marketing and advertising you have provided a business card containing all required information with a print out fro m Gumtree. You attended an interview with the Home Office in Sheffield on 18 April 2013 when you provided no further evidence in support of your application.

(ii) You are applying as a Network Consultant with XXX where you are also a director. You have stated that you have access to 50K for investment as evidence you have provided Lloyds TSB statements showing a deposit of 50,700 on 2 Nov 2012.
When interview by the Home Office on 18 April 2013 you were asked the following “Where you got the money from, you replied”
“personal saving of 7000 and 43000 from Pakistan”
from the evidence provided and the answers given following interview, we are not satisfied that you have sufficiently proven that there is viable and credible access to the funds required as referred to in Table 4 of Appendix A.

I have been given the option to reapply as my PSW expires 21 september 2013.

I would like to know what should i provide them in my new application because i already did provide the evidence. Are they looking for new evidence or what?

Hope an expert can help.

Entrepreneur9
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Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Tue May 28, 2013 2:02 am

rizwan110 - really sorry to hear about your refusal.

I would say that you have provided A-Z all the documents as mentioned in the policy guidance.

I think they were just looking for a reason to refuse your application however the documents that were submitted were just spot on. You did not give them a chance to refuse your application based on the documents you submitted.

However they have now come up with a new reason to refuse applications and that is by saying that they arent satisfied?? What??

If you were given a chance of appeal then you would have won the case 100% but unfortunately this is not the case here.

I would advise you to reapply just before your visa expires and by the mean time you can focus and concentrate on your business activities.

Good Luck my friend.

rizwan110
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Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 2:17 am

Should i submit a letter from the person who transferred me the money? do they need evidence of how the money came into my account?

Entrepreneur9
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Posts: 290
Joined: Sat Mar 02, 2013 11:14 pm

Post by Entrepreneur9 » Tue May 28, 2013 2:22 am

My friend, it is not going to make any difference regardless of how many documents you submit.

They have already made a decision and that is final. They havent given you a right of appeal and there is nothing that you can do other than making a fresh application.

sorry

rizwan110
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Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 3:21 am

I mean with new application what additional evidence should i submit?

dancingguy05
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Posts: 233
Joined: Sun Sep 19, 2010 2:09 pm

Post by dancingguy05 » Tue May 28, 2013 8:25 am

rizwan110 wrote:I mean with new application what additional evidence should i submit?
Hi Rizwan
Sorry to hear that
It seems to be a silly reason to refuse ur application.

I assume u Have already started ur business,
Have u finished any projects
Did u provide any evidence of them by any means either post or on ur website etc

Pls let me know
This would help to discuss further
Tx

dancingguy05
Member
Posts: 233
Joined: Sun Sep 19, 2010 2:09 pm

Post by dancingguy05 » Tue May 28, 2013 8:27 am

rizwan110 wrote:I mean with new application what additional evidence should i submit?
Also pls let me know when did u apply for ur visa

Legal83
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Posts: 200
Joined: Sun May 26, 2013 6:32 pm

Post by Legal83 » Tue May 28, 2013 11:37 am

bro did u provide any further documents, at ur interview like bank statements,,, etc etc or the person conducted ur interview asked u about relevant documents. if yes, what was your answer?

razi1234
- thin ice -
Posts: 183
Joined: Sat Oct 20, 2012 8:48 pm

hi

Post by razi1234 » Tue May 28, 2013 12:43 pm

rizwan110 wrote:Should i submit a letter from the person who transferred me the money? do they need evidence of how the money came into my account?



Hi rizwan..
I have sent u pm.plz respond me.thanks..
RAZI

rehan01
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Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Re: Visa Refused - Advise needed

Post by rehan01 » Tue May 28, 2013 4:29 pm

so sorry to hear about your refusal ..... u have not given right of appeal bcz your current leave to remain is still valid but I think you can still go for judicial review.

also did they ask you in interview if you want to submit any supporting documents ? eg recent bank statements, business plan etc

I think Judicial review is also a good option and you still have time and when your visa is about to expire you can still make a fresh application if you still waiting for a judicial review decision

regards
rizwan110 wrote:Hi

My visa had been refused after the interview and i have received a very long refusal letter. I am very upset about the situation and don't know what i should do to address the reasons:

Section A: Decision and Reasons
Refusal TO GRANT LEAVE TO REMAIN
We have considered your application on behalf of the Secreatary of Satate and your application has been refused under the Immigration Rules.
YOU DO NOT HAVE RIGHT OF APPEAL AGAINST THIS DECISION – SEE SECTION B.

In making the decision to refuse your application, careful consideration has been given to the following:
On 18 Sep 2008 you were granted leave to enter the UK as student until 31 January 2012.
On 21 September 2011 you were granted Leave to remain in the United Kingdom as Tier 1 (Post Study Work) migrant until 21 September 2013.
Non-Points Scoring Reasons for Refusal


You have applied for leave to remain in the UK as a Tier 1 Entrepreneur migrant but the secretary of state, with reference to Paragraph 245DD(h) is not satisfied that on the balance of probabilities that:
• You have genuinely established, taken over, or become a director of one or more businesses in the UK and continue to operate that business or businesses, as required by Table 4 of Appendix A in the Immigration Rules and
• You genuinely intend to invest the money referred to in Table 4 of Appendix A in the Immigration Rules in your business or businesses; and
• You do not intend to take employment in the UK other than under the terms of paragraph 245DE.

Paragraph 245DD(i) of the Immigration Rules states that, in making the assessment in (h) above, the Home Office will asses the balance of probabilities, and may take into account the following factors:

1. The evidence the applicant has submitted;
2. The viability and credibility of the source of the money referred to in Table 4 of Appendix A;
3. The viability and credibility of the applicant’s business plans and market research into their chosen business sector;
4. The applicant’s previous educational and business experience
5. The applicant’s immigration history and previous activity in the UK;
6. Where the applicat has already registered in the UK as self-employed or as the director of the business requires mandatory accreditation, registeration and/or insurance, whether that accreditation, registeration and /orinsurance has been obtained; and any other relevant information.

In making the decision to refuse your application, careful consideration has been given to the following:
(i) You have provided evidence of your business XXXX. With your application you submitted Lloyds tsb personal bank statements, Barclays bank business account statement, bachelor degree certificate in computer networking from XXXX University, Professional Certificate from Cisco. Companies House Current Appointment report dated 27 November 2012 for XXXX. Documents from HMRC on Corporation Tax CT41G, Value Added Tax 3&4. Contract dated 26 November 2012 between XXXX and XXXX Ltd. As evidence of marketing and advertising you have provided a business card containing all required information with a print out fro m Gumtree. You attended an interview with the Home Office in Sheffield on 18 April 2013 when you provided no further evidence in support of your application.

(ii) You are applying as a Network Consultant with XXX where you are also a director. You have stated that you have access to 50K for investment as evidence you have provided Lloyds TSB statements showing a deposit of 50,700 on 2 Nov 2012.
When interview by the Home Office on 18 April 2013 you were asked the following “Where you got the money from, you replied”
“personal saving of 7000 and 43000 from Pakistan”
from the evidence provided and the answers given following interview, we are not satisfied that you have sufficiently proven that there is viable and credible access to the funds required as referred to in Table 4 of Appendix A.

I have been given the option to reapply as my PSW expires 21 september 2013.

I would like to know what should i provide them in my new application because i already did provide the evidence. Are they looking for new evidence or what?

Hope an expert can help.

rizwan110
Newly Registered
Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:34 pm

Yes they did ask but all the documents were already submitted. On the interview letter, they did not ask me to bring any document. I think they just wanted to refuse it as they knew that i will not get any right of appeal.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Tue May 28, 2013 4:38 pm

yes is standard letter which says if you want to submit any additional documents but wht I meant was did interviewer ask you abt documents ?

or asked if you want to submit any additional documents to support your application at interview?

regards

rizwan110 wrote:Yes they did ask but all the documents were already submitted. On the interview letter, they did not ask me to bring any document. I think they just wanted to refuse it as they knew that i will not get any right of appeal.

rizwan110
Newly Registered
Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:42 pm

Yes he did ask and i said everything has been submitted already. He asked about business plan.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Tue May 28, 2013 4:44 pm

so basically you never took any updated documents at the time of interview ? and he ask and you replied that its been all submitted already?

did you submit business plan with your initial application?

regards
rizwan110 wrote:Yes he did ask and i said everything has been submitted already. He asked about business plan.

rizwan110
Newly Registered
Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:45 pm

No i didnt when i made the application in December 2012, there was no requirement.

rehan01
Diamond Member
Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Tue May 28, 2013 4:47 pm

there you go than .... as per changes made on 31st January its been applied to all application decided or undecided irrespective of date of application submitted.

As I always said A detail business plan is a answer to everything and does make your case strong too.

anyway no point crying over the split milk so plan it proper for next application and its also worth going for judicial review.

all the best and regards
rizwan110 wrote:No i didnt when i made the application in December 2012, there was no requirement.

rizwan110
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Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:48 pm

That's what i am planning now and as some of the funds have been invested already i will also be submitted management account - if i apply in august, the company will be an year old.

rehan01
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Posts: 1635
Joined: Fri Aug 10, 2012 7:05 am
Location: London

Post by rehan01 » Tue May 28, 2013 4:50 pm

that's even better for you that you have invested money and business is running successfully so it wil go in your favour but have a details business plan ready too as it might help.

regards
rizwan110 wrote:That's what i am planning now and as some of the funds have been invested already i will also be submitted management account - if i apply in august, the company will be an year old.

rizwan110
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Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:51 pm

Thank you for your help.

rizwan110
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Posts: 10
Joined: Tue May 28, 2013 1:33 am

Post by rizwan110 » Tue May 28, 2013 4:57 pm

Do i need to write a cover letter point by point to explain the refusal reasons in previous application?

rehan01
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Posts: 1635
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Location: London

Post by rehan01 » Tue May 28, 2013 4:59 pm

I will say take legal advice from a proper solicitor and discuss your case and see what are the chances but make sure do your home work and get couple of solicitors opinions before giving anyone your case bcz I think its worth giving it a try as your business is running and you have also invested into business so good chances.

regards
rizwan110 wrote:Do i need to write a cover letter point by point to explain the refusal reasons in previous application?

shan101
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Posts: 106
Joined: Wed May 22, 2013 12:55 am
United Kingdom

Post by shan101 » Wed May 29, 2013 7:26 pm

Dear bro: do write to the case worker to give you a right of appeal, if they give u appeal right then make good business plan market research, updated statement from Nov till to date,get fresh current appointment report, fresh advertisement, fresh contract (at least two). You will win the case. If they dont give you right of appeal just get ready these documents and re apply.
,How can people find the time to hate while life is too short to love,

harry153
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Post by harry153 » Wed May 29, 2013 11:26 pm

My dear friend, I really feel sorry for your situation.
I also have applied tier1 entrepreneur visa and even I was called for an interview at Sheffield...
Could u please help me or suggest me in anyway, letting me know details about the following-
1) what is your type of business
2) what questions did he ask u in the interview
3) did he directly asked u for any documents of evidence in the interview?
4) how did ur interview go overall?
5) did they ask u any tricky questions
6) how long do they take your interview

Would u be able to give us any extra info, so that we can prepare for our interview.
It would be a great help if u could provide us info...

Thank u very much...

shan101
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Posts: 106
Joined: Wed May 22, 2013 12:55 am
United Kingdom

Post by shan101 » Thu May 30, 2013 3:39 pm

Harry 153 ! when were u interviewed at Sheffield?
I was interviewed on 22nd April and still waiting
,How can people find the time to hate while life is too short to love,

rizwan110
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Post by rizwan110 » Thu May 30, 2013 4:05 pm

harry153 wrote:My dear friend, I really feel sorry for your situation.
I also have applied tier1 entrepreneur visa and even I was called for an interview at Sheffield...
Could u please help me or suggest me in anyway, letting me know details about the following-
1) what is your type of business
2) what questions did he ask u in the interview
3) did he directly asked u for any documents of evidence in the interview?
4) how did ur interview go overall?
5) did they ask u any tricky questions
6) how long do they take your interview

Would u be able to give us any extra info, so that we can prepare for our interview.
It would be a great help if u could provide us info...

Thank u very much...
The interview was conducted by there enforcement officer and he told me that due the shortage of staff, he has traveled from somewhere to take the interview. Anyways, they had a list of questions and they kept asking questions. At the start of the interview they asked if i have any documents and at the end of the interview he advised that i should have had the business plan. They do not ask tricky questions, they only ask what they have on the paper.

They can do counter arguments to see how much you know about the business.

Anyway, the key is business plan. They are not business persons, they dont understand much of it. They can only understand the business plan.

I submitted my qualifications as well:
BSc Computer Networks
MCTS: Administrator
CCNA, CCNP

Job Title: Senior Network Consultant

since 2011, already a director of an existing company.

I believe they just had to refuse my application to keep their target of reducing net migration, as they knew i would apply again and they will get fees again.


Thanks

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