TEAM REFUSAL.. PLZ HELP ME, VERY TRICKY SITUATION..

[sam1128]

Hi everyone.. Firstly, thanks to evryone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal today..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my UK personal A/c..

Reason for refusal for me:
Current Appointment Report not submitted.

Reason of refusal for team partner:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to you by the other team member.


NOW the problem lies here that my PSW expired on March 30 whereas my team member's PSW is still valid till October 2013. So, in this scenario, I have got the right to appeal whereas my team member hasn't got any right to appeal.

Is it possible that I apply for appeal whereas my team member cannot.. And now if I decide to go for appeal, under what scenario shud my team member reapply, I mean as an individual or as a team member with me while I wud be still on appeal.. If my team member makes a fresh application, he can submit the missing Current Appointment Report whereas the Bank letter can still not be sent since the bank doesn't issue any such letter at all.. And how many days do I get to appeal since it isn't mentioned on the letter they have sent me.. Please guys suggest me a way out as to how I shud take things forward.. It has been really stressful for me going through the entire visa process and now have to go through this long process of appeal too..

Looking fwd to ur valuable responses..

Thanks!!

[razi1234]

Hi everyone.. Firstly, thanks to evryone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal today..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my UK personal A/c..

Reason for refusal for me:
Current Appointment Report not submitted.

Reason of refusal for team partner:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to you by the other team member.


NOW the problem lies here that my PSW expired on March 30 whereas my team member's PSW is still valid till October 2013. So, in this scenario, I have got the right to appeal whereas my team member hasn't got any right to appeal.

Is it possible that I apply for appeal whereas my team member cannot.. And now if I decide to go for appeal, under what scenario shud my team member reapply, I mean as an individual or as a team member with me while I wud be still on appeal.. If my team member makes a fresh application, he can submit the missing Current Appointment Report whereas the Bank letter can still not be sent since the bank doesn't issue any such letter at all.. And how many days do I get to appeal since it isn't mentioned on the letter they have sent me.. Please guys suggest me a way out as to how I shud take things forward.. It has been really stressful for me going through the entire visa process and now have to go through this long process of appeal too..

Looking fwd to ur valuable responses..

Thanks!!

hi sam,,
so did u submit current appointment report from online print out?or u did not submit at all?

[sam1128]

our solicitor missed d document.. But the caseworker shud have requested for d missing document, since our other documents and the whole application was fully complete.. Caseworker didn't had any other objection other than this since we have our Accounting business running with many clients too.. So, under the Evidential Flexibilty law, the caseworker shud have supposedly requested for the missing document rather than directly refusing the application since there is no other point of refusal at all by the caseworker..

[rsrameshsunil]

My opinion, you just need to go by your only option available for each of you. You go for an appeal whereas your partner go for a fresh application. Any other alternative will be complicated.

You can convert your account into a joint account, that way bank will automatically give the letter with both of your names. Your partner can then use this letter for his application. Dont forget to submit an additional declaration giving your freind full access to the amount in the account.

Just a thoiught anyway. Wait for others.

Hi everyone.. Firstly, thanks to evryone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal today..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my UK personal A/c..

Reason for refusal for me:
Current Appointment Report not submitted.

Reason of refusal for team partner:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to you by the other team member.


NOW the problem lies here that my PSW expired on March 30 whereas my team member's PSW is still valid till October 2013. So, in this scenario, I have got the right to appeal whereas my team member hasn't got any right to appeal.

Is it possible that I apply for appeal whereas my team member cannot.. And now if I decide to go for appeal, under what scenario shud my team member reapply, I mean as an individual or as a team member with me while I wud be still on appeal.. If my team member makes a fresh application, he can submit the missing Current Appointment Report whereas the Bank letter can still not be sent since the bank doesn't issue any such letter at all.. And how many days do I get to appeal since it isn't mentioned on the letter they have sent me.. Please guys suggest me a way out as to how I shud take things forward.. It has been really stressful for me going through the entire visa process and now have to go through this long process of appeal too..

Looking fwd to ur valuable responses..

Thanks!!

[Smartpen]

Hi sorry for ur refusal.

As I know another best option is ur team member can go for judicial review, he might have chances of winning and u can go for appeal. This could work. Better get info from good solicitor. This is just my opinion. As per ur situation u decide.


for bank letter does u guys made declaration from solicitor for accessing equal rights on funds?

Anyways all the best for appeal.

Regards,

[Entrepreneur9]

First of all, you should teach a proper lesson to your solicitor. How can he miss such an important document? F****** Id***

If I was you, I would have taken all my money back from him and would have made a complaint to the regulated body.

This is just not acceptable.

our solicitor missed d document.. But the caseworker shud have requested for d missing document, since our other documents and the whole application was fully complete.. Caseworker didn't had any other objection other than this since we have our Accounting business running with many clients too.. So, under the Evidential Flexibilty law, the caseworker shud have supposedly requested for the missing document rather than directly refusing the application since there is no other point of refusal at all by the caseworker..

[qkiyani]

Hi everyone.. Firstly, thanks to evryone who have helped me in my initial application.. This forum had been a gr8 help to me.. I applied as a TEAM from PSW route.. But sadly, I received a refusal today..

Date Applied- 26th March 2013
Biometric- 15th April
Team Partner's biometric- 7th May
Date of refusal for me- 26th June
Date of refusal for team partner- 2nd July
Date letter received for both of us- 5th July


We had all our funds 50000 in my UK personal A/c..

Reason for refusal for me:
Current Appointment Report not submitted.

Reason of refusal for team partner:
Current Appointment Report not submitted.
Bank Letter not submitted mentioning that the funds are available to you by the other team member.


NOW the problem lies here that my PSW expired on March 30 whereas my team member's PSW is still valid till October 2013. So, in this scenario, I have got the right to appeal whereas my team member hasn't got any right to appeal.

Is it possible that I apply for appeal whereas my team member cannot.. And now if I decide to go for appeal, under what scenario shud my team member reapply, I mean as an individual or as a team member with me while I wud be still on appeal.. If my team member makes a fresh application, he can submit the missing Current Appointment Report whereas the Bank letter can still not be sent since the bank doesn't issue any such letter at all.. And how many days do I get to appeal since it isn't mentioned on the letter they have sent me.. Please guys suggest me a way out as to how I shud take things forward.. It has been really stressful for me going through the entire visa process and now have to go through this long process of appeal too..

Looking fwd to ur valuable responses..

Thanks!!

in my opinion both of u shud reapply... even ur visa is expired but still u got 28 days to reapply just clear all refusal points like u dont have access to 50k for that just open a joint account n also send a CAR.... if u go for appeal n ur team member will reapply that will be complicated n long process ...i have seen a forum member who reapplied n his visa approved link is http://www.immigrationboards.com/viewtopic.php?t=139390
he has given his contact number n email address aswel u can contact him....
even my hearing date is in nov n em stuck bcaz i cant reapply bcaz of pending appeal otherwise i wud have gone for reapply

these r just my personal views ...

[monolyte]

our solicitor missed d document.. But the caseworker shud have requested for d missing document, since our other documents and the whole application was fully complete.. Caseworker didn't had any other objection other than this since we have our Accounting business running with many clients too.. So, under the Evidential Flexibilty law, the caseworker shud have supposedly requested for the missing document rather than directly refusing the application since there is no other point of refusal at all by the caseworker..

YOU SOUND MORE LIKE A LAWYER THAN AN APPLICANT. MY QUESTION IS ... WHY SHOULD YOU LEAVE A SO CALLED SOLICITOR TO ARRANGE YOUR DOCUMENTS WHEN YOU ARE RESPONSIBLE FOR YOUR APPLICATION AFTER BEING ON THIS FORUM FOR SO LONG AND VIEWING SIMILAR CASES OF PROBLEMS CAUSED BY DUMB SOLICITORS?
WHY SHOULD YOU EVEN DREAM OF GIVING UKBA A CHANCE FOR REFUSAL FOR SUCH A BASIC DOCUMENT? NOW YOU TALK ABOUT EVIDENT FLEXIBILITY? FOR YOUR INFORMATION DURING AN APPEAL THE JUDGE CONSIDERS ONLY DOCUMENTS SUBMITTED AND NOTHING ELSE AND THUS MAKES HIS DECISION ON THEM. SO PRAY THAT YOUR SO- ILLICIT-OR WILL BE ABLE TO CONVINCE THE JUDGE ON THE GROUND YOU HAVE MENTIONED. I WISH YOU THE BEST

[Ravi0108]

Dear All,

Thanks for your time, opinion and suggestions.

I am the 2nd team member of "sam1128"


I had word with my associates and few solicitors. They recommended me two options at the moment.

1st option is to make appeal for the person who got right to appeal and the 2nd team member ("ME" - haven't got right to appeal) should make new application with fresh business plan and funds

2nd option is to make appeal for the person who got right to appeal and at the same time 2nd team member ("ME"- haven't got right to appeal) would go for Judicial Review and ask UKBA to allow right to appeal, which may result in overstay for me because my visa is expiring on 13th Sep 2013. But it will allow me to get right to appeal with the same entrepreneur team and business plan.


As per your opinion, which is the wisest option?


Looking forward to your valuable responses..

Thanks again!!

[Smartpen]

As I told earlier, I suggest my option. Bcoz ur reasons can easily win if u attached funds declaration document vth ur application.

Or

If u want go for new application. Think about money that is u both aren't be together. If u got money u both have to show separate funds, then in ur new application if u dont do any mistakes u have most chances to get visa. And ur frnd will more chances of winning in appeal.

Regards,

[Ravi0108]

Many thanks Mr Smart

[sam1128]

Thanks for ur reply.. Yeah we did submitted declaration from solicitor stating that we have equal access to funds..

In ur opinion, wat do u think r my chances of winning the appeal for my only refusal reason that current appointmnt report wasn't submitted?? Do u thnk it can be won easily under evidence flexibility law??

Thanks!!
Sam

Hi sorry for ur refusal.

As I know another best option is ur team member can go for judicial review, he might have chances of winning and u can go for appeal. This could work. Better get info from good solicitor. This is just my opinion. As per ur situation u decide.


for bank letter does u guys made declaration from solicitor for accessing equal rights on funds?

Anyways all the best for appeal.

Regards,

[jmoha]

Sam:

You yourself say as per the evidential flexibility the caseworker can ask you and I feel the reason given to you is a minor omission which can be won easily in the appeal when you have a strong solicitor to argue this point.Please talk to your solicitor ask him to show if he has won any cases previously on the same grounds or TIER1 entrepreneur then goahead.

You have 10 days to appeal from the date mentioned on the right top corner of the refusal letter.

Most of the cases similar to you are being refused if anyone is nearing the settlement route(10yrs ILR).

[Smartpen]

Yes. Your reasons are minor Jmoha is right you need strong solicitor to convince the judge. And also providing any current business activities will more helpful towards success

All the best.

[jmoha]

Hi Smartpen,

No fresh evidences will be accepted at the time of appeal.

Thanks

Yes. Your reasons are minor Jmoha is right you need strong solicitor to convince the judge. And also providing any current business activities will more helpful towards success

All the best.

[Smartpen]

Hello dude,

I know it's not acceptable but recently they started asking "how active are you in your business"?. If you don't have any activities then they r saying you r not a genuine entrepreneur. I have seen some of appeal rejections in this particular area. So it's better to take all the documents. Anyway it's just my opinion.

Regards,