URGENT-UK Tier 1 (Entrepreneur) visa Refused Need Advice

[bobpatel]

Hi I applied for UK Tier 1 (Entrepreneur) visa and it got refused. Kindly Someone help me to what to do next. Here is my story

Previous Leave : Post Study Work Visa (expired on 17th Feb 2014)
Applied for UK Tier 1 (Entrepreneur) visa: 13th Feb 2014
Got Answer: 22nd March 2014
Document Submitted:
1. Filled Application Form
2. Passport
3. 2 Photographs
4. Letter of Permission from third party fund provider (50,000 GBP)
5. Affidavit of Facts from Third Party
6. Letter of Confirmation from legal adviser
7. Bank Letter from third party bank which shows balance of third party bank
8. Curriculum Vitae
9. Business Plan
10. Contract of Work
11. BCS Membership Certificate
12. My Compnay Domain Registration WHOIS Details / Website Screenshot Copy
13. My Company Bank Account Statement
14. HMRC CT41G – My Company
15. HMRC CT610 – My Company
16. Company House Current Appointment Report – My Company
17. Company House CH01 – My Company
18. Company House Company Registration Certificate – My Company
19. Original Degree Certificate
20. Original Academic Transcript with letter
21. Personal Bank Account Statement / Mini Statement

Reason For Refusal from Home Office:
The reason for this decision is You have claimed 25 points for Access to Funds under paragraph 245DD(b) with reference to Appendix A of the Immigration Rules. On the basis of the documents you have provided the reason for this is the Barclays Bank statement your have sent is in your 3rs Party's Name and because it is a bank in the UK this should be in your name, however the Secretary of State is not satisfied that these meet the requirements specified under paragraph 41-SD [and 46-SD] of Appendix A of the Immigration rules and you do not qualify for the award of 25 points in this area.
---
Due to above matter Home Office not awarded 75 points of fund and refused application.
(I shown fund in my third party account and submitted their bank letter. Here in your none of bank giving letter which say like that fund it make to available to you due to that I submitted balance certificate letter of third party bank)

Provided Options for Next Steps:
* Right To Appeal
* Leave The Country
* Make New Application

My Questions are:

1. My visa already expired on 17th of Feb 2014 and I received refusal latter on 22th of March 2014 . Can I Make Fresh New Application in 28 Days ?
Note: They Mention in their Refusal letter in all cases an new application should be made before your current leave expire.

2. I not received my passport and other original documents which I submitted with application. Can I request it from Home Office for New Application or will I need to make new application without previous documents and explain them that my documents are with them (Home Office)

3. They stated that fund should me in my name. For fresh application What is best option to keep fund : * Transfer Fund from third party account to My Registered Company Account or * Transfer Fund from Third party account to my Personal Current Account ?

Note: My Sponsor Company is based in Uk and fund in their account in UK. Aswell I have already PVT registered company in UK which is almost year old. Only returned filled but account not filed because its new company.

4. Do I need to submit accounting documents for my New PVt Ltd Company ?

Kindly Guide me
Thanks

[rooney0511]

Go for an appeal and hopefully it will be allowed.
As your sponsor is in the UK you can most probably take him to give evidence and also state that he is still willing to sponsor you should be all right.
My advice do not re apply as some times they make it more complicated.

[bobpatel]

Thanks for reply. Problem is that..
If i will appeal it will take 6 t0 8 month to get answer. And i m not able in position to wait that much long.

Kindly provide me above question spesific answers for fresh spllication

Thanks

[ishfaqsangra]

I have also applied under third party UK and provided his statement but in my letter Bank has written that £xxx available for Mrxx under the name of my third party so lets see,
In my letter it is clearly written that money available for me from the bank.I do not know what will be the outcome.

For you if bank has not written that money is available for you under the name of third party than It could be an issue in appeal as well.
I f you want to make fresh application transfer money from third party into your personal account,give your personal account statement and write in covering letter that I have rectified the refusal reason and third party has transferred money into my account on date.....
and also highlight it in your bank statement.
About documents I am not sure but I think you have to send them again once you will receive it in few days as they have to send it back how will they know that you r applying gain or leaving the country so they will send you documents.
Some people have one appeal on the basis that it is not Bank's Policy to write any other person's name other than account holder and if you have visited this forum before there are so many rejections only not having applicant's name on the letter.
I will suggest go fresh if third party is willing to transfer funds.

[bobpatel]

Thanks for your reply. But I believe you will face same problem like me because if fund in UK from third party then it should me in your account rather then in your third party.
I read guideline many times and its confusing.
"You must also have £50,000 of your own money available to make a fresh investment into
business in the UK, and be established in business in the UK as a self-employed person or as
a director.""

v. Access to £50,000
You must also have at least £50,000 to invest in UK business. You must supply
documentary evidence of the funds as specified in the Immigration Rules and in the
‘Documents we require’ section below

51. You can include money made available by other people (known as ‘a third party or parties’) but
you must also provide a declaration that the money is available to you or the business that you
are running, from each contributor of funds, together with confirmation that the declarations are
valid. If you are relying on money held by your husband, wife or partner, they will be regarded
as a third party

I think they consider like that if money in uk then it must be in your own account. you have to take money from third party and need to transfer in your account and have to show bank balance

[ishfaqsangra]

It could be but it is not written anywhere that third party is not allowed from UK.
When you say third party then money do not needed to be in your account ,it should be available for you under the name of third party.
Yes there is some confusion in the guidance.

Banks in UK do not wright that money is available for xxx under the name of third party.BUT I got a letter saying that...... I will definitely go to the court if this objection comes out before fresh application.

[bobpatel]

Read this my refusal wording. they mention that its is a bank in the UK this should be in your name. They not said me anything like that you not submitted latter from bank which say like that money make it available to you.
I wish you get your visa

The reason for this decision is You have claimed 25 points for Access to Funds under paragraph 245DD(b) with reference to Appendix A of the Immigration Rules. On the basis of the documents you have provided the reason for this is the Barclays Bank statement your have sent is in your 3rs Party's Name and because it is a bank in the UK this should be in your name, however the Secretary of State is not satisfied that these meet the requirements specified under paragraph 41-SD [and 46-SD] of Appendix A of the Immigration rules and you do not qualify for the award of 25 points in this area.

Here is Guide Line - Immigration Rules Appendix A

(ii) For money held in the UK only, a recent personal bank or building society
statement from each UK financial institution holding the funds, which confirms the
amount of money available. Each statement must satisfy the following
requirements:
(1) the statements must be original documents and not copies;
(2) the bank or building society holding the money must be based in the UK
and regulated by the Financial Conduct
Authority (FCA) and the Prudential Regulation Authority (PRA);
(3) the money must be in cash in the account, not Individual Savings
Accounts or assets such as stocks and shares;
(4) the account must be in the applicant's own name only (or both names
for an entrepreneurial team), not in the name of a business or third party;
23
(5) each statement must be on the institution's official stationery showing
the institution's name and logo, and confirm the applicant's name (and,
where relevant, the applicant's entrepreneurial team partner's name), the
account number and the date of the statement;
(6) each statement must have been issued by an authorised official of that
institution and produced within the three months immediately before the
date of the application; and
(7) if the statements are printouts of electronic statements, they must either
be accompanied by a supporting letter from the bank, on the bank‟s headed
paper, confirming the authenticity of the statements, or bear the official
stamp of the bank in question on each page of the statement; or

[ishfaqsangra]

yes,you are absolutely right.I will be waiting for my refusal now definitely.

It means Third Party from UK is not allowed ,,as if money is in your own account then its not third party and you do not need a letter from the bank.

[bobpatel]

Hi you can use third party in UK as-well but money must be transferred in your account and you also need to submit third party letter which says money make it available to you letter on third party letterhead for it. I concluded it from my research.

But don't worry if all documents are genuine then they will give you options for right to appeal as well fresh application

[ishfaqsangra]

If money is transferred in your account then its not third party at all.This is something can be challenged as if money is in applicant's own account then he just needs to tell the source of the funds its not third party at all.

The refusal reason of yours that "money must be in applicants own name "makes it clear that no third party allowed from within UK where there is a massive confusion in the guidelines and it has been discussed on the forum as well.They could have written in the refusal" that bank letter does not say that money is available for you " then refusal reason for me seems OK.
But if they wrote"as funds are in UK and must be in applicants account then it indirectly stamps that THIRD party UK funding is not allowed"
If money is in my personal account ,there is no need for third party mention at all just an explanation of source of funds.It is totally confusing but now I have started planning fresh application lets see.

[bobpatel]

1st - They not mention anywhere that you cant use third party which is from UK - If you taking money from your friend and family or any private investor that all consider as THIRD Party as per guideline )

2nd - When you show 50,000 in your account then you must need to source of money - here your and I using third party fund for doing business due to that reason we need letter from third party which says like that I am giving this money to this person (make it available to you) and I dont have any objection regarding it. To prove source of money you need to submit this letter. Template already provided with guideline.

"46. You can include money made available by other people (known as ‘a third party or parties’) but
you must also provide a declaration that the money is available to you or the business that you
are running, from each contributor of funds, together with confirmation that the declarations are Tier 1 (Entrepreneur) Policy Guidance version 10/2013 Page 11 of 53
valid. If you are relying on money held by your husband, wife or partner, they will be regarded
as a third party.
"

3rd - In my refusal they mention that Money Should be in your account on Your name. - So in refusal answer they provided me solution
* Transfer Money From third party account to my Personal Current Account
* Get Letter from third party which says that I am making available this money to you/me
* Signature validation Letter from Solicitor
* My personal Current Account Statement which show 50,000 Amount

Thats it... In your case you will also have to do same thing

[ishfaqsangra]

OK ,,,Wish you good luck sir,,,I will wait for my refusal and then will do fresh application...

So you are going for fresh application

[bobpatel]

Yes I am going for Fresh Application hope so will get visa