Olasunkanmi wrote:@ Jay4real,
1) Can I write to the FTT to request for the withdrawal and submit a fresh application or do I have to wait for them to get back to me before submitting application and withdrawing the appeal?
Ans: You can either wait for FTT decision on your UT appeal or withdraw your appeal by sending them a letter. Its your choice to decide as no one can predict the outcome of the FTT decision on your UT appeal.
2) Can I still use the same company I use in 2012 for my initial application as I have been trading with this company and just submitted my corporation tax return to HMRC and companies House? -
Ans: Yes, you can still use the same old company for your new application, you should get a new CAR that shows you are still a director in the company.
3) Because I have an accounting firm that manages my company account, my company's registered address on my CAR is my accountants address. other correspondence comes to my home address. Is this going to be an issue as my website and other materials has my business address as my home address
Ans: Why will you use your accountant's address as your company's registered address just because the accountant manages your company finances. You should stick to your own address as that might cause unnecessary query from caseworker who are always looking for minor errors on application. Did you use the same accountant's address in your first application?
4) Can I include my audited account and letter from my accountant in my new application
Ans: Yes, its a very good advantage if you include your audited account and letter from your accountant as this will proof that you are already trading.
Dear Olasunkanmi,
I have been into a similar situation. I have made my application in September 2012, my company is incorporated in August 2012. I have received a refusal on November, 2013 (1 Year and 3 Months). The application dismissed because the Home Office has pointed out that my name is missing from the Advertising Material and that the Bank Letter was missing the part that the 'Amount is Transferable in the United Kingdom'.
I appealed against the decision of the Secretary of State FTT and in the court hearing the barrister has proved and convinced the court that;
(1) Name was missing in the Advertising Material, but name was present on the Marketing Material.
His submission was;
41-SD (e)
(iii) one or more of the following specified documents:
(1) advertising or marketing material, including printouts of online advertising, that has been published locally or nationally, showing the applicant's name (and the name of the business if applicable) together with the business activity or, where his business is trading online, confirmation of his ownership of the domain name of the business’s website,
He has proved and has convinced the court that the rules clearly states EITHER Advertising Material OR Marketing material and the appellant name, designation, email address, telephone number, registered office address, website, and list of services are present on his business card
(2) The bank letter is missing with the information that 'Amount is Transferable in the United Kingdom'.
His submission was;
The Judge has applied a very high standard of proof in respect to the unsatisfactory bank letter and that evidential flexibility policy should have been applied.
But the outcome of the FTT turned against me and the FTT judge has refused my grounds of appeal and has stated in his statement that the original secretary of state's decision would be withheld. I have been given a chance to apply in the Upper Tier Tribunal and I have submitted my appeal. During this time, the bank has agreed to produce the said letter and I have submitted the bank letter with my request to appeal in the UTT. The UTT has refused to accept my grounds of appeal and that NO FURTHER RIGHT OF APPEAL is given.
The tribunal remarks made by the judge that no further right of appeal has been given but the letter does not say anything regarding my immediate removal and I believe the Home Office is exercising its 28 days period.
What are my possibilities. My solicitor said we can argue the matter in the Judicial Review but he is not suggesting me to go for a Fresh Application as I do not have a current valid stay. But my first application was submitted in time. If I have to make a fresh application, do I have to make a new company, new business card, new advertising material, new marketing material, new website because one of the condition of the fresh application is that the company should have been created no more than 3 months at the time of the application.
And, if I go for a judicial review, what should I do and how should I proceed.
Many thanks
