urgent advice Tier 1 Entrepreneur Refusal& appeal 21/05

[Bhavin001]

Dear Readers,
I need urgent advice on Tier 1 Entrepreneur Visa Refusal case and Appeal on 21st May 2014.

Initially, I applied for Tier 1 Entrepreneur visa in October 2013 in time frame showing the required fund in my bank account. I was on Post study work visa before. Finished my Master in Mechanical Engineering and worked for engineering company 1 year. I was looking to set up my own business according to study and experience. I started my research in Jun 2013 to September 2013, then finalised to buy a existing engineering business, but the solicitors process took 3 months after that. My visa was expiring on 25th Oct. 2013 and I applied before that but I could not submit more documents related to the business because the buying process was not finished. I explained that the process about to finish in application. But without asking any further documents, they rejected my application after Biometric has been done. The reasons were I don't have fund in my account, actually It was in my personal account, the contract letter was not proper. But I have got the letter from the company and they mentioned to continue business with my new company same as they previously deal with them.

Now, I have appeal on 21st. May 2014 but Solicitor and Barrister said to me to withdraw appeal and apply for fresh application they don't validate your new documents on the hearing and they consider only old papers, but time runs out. I will not get second chance of the appeal if I apply freshly.
I am confused what to do? Please advice me what are the other possibilities? I have already set up my business and employed three people as well. They might loose the job and I invested £ 75,000 in business where can I go after ?

Please don't hesitate to ask more information regarding this to solve my case.

Many Thanks for your help in advance.

Kind Regards,
Bhavin Jayswal

[cpmlkhan]

Dear Readers,
I need urgent advice on Tier 1 Entrepreneur Visa Refusal case and Appeal on 21st May 2014.

Initially, I applied for Tier 1 Entrepreneur visa in October 2013 in time frame showing the required fund in my bank account. I was on Post study work visa before. Finished my Master in Mechanical Engineering and worked for engineering company 1 year. I was looking to set up my own business according to study and experience. I started my research in Jun 2013 to September 2013, then finalised to buy a existing engineering business, but the solicitors process took 3 months after that. My visa was expiring on 25th Oct. 2013 and I applied before that but I could not submit more documents related to the business because the buying process was not finished. I explained that the process about to finish in application. But without asking any further documents, they rejected my application after Biometric has been done. The reasons were I don't have fund in my account, actually It was in my personal account, the contract letter was not proper. But I have got the letter from the company and they mentioned to continue business with my new company same as they previously deal with them.

Now, I have appeal on 21st. May 2014 but Solicitor and Barrister said to me to withdraw appeal and apply for fresh application they don't validate your new documents on the hearing and they consider only old papers, but time runs out. I will not get second chance of the appeal if I apply freshly.
I am confused what to do? Please advice me what are the other possibilities? I have already set up my business and employed three people as well. They might loose the job and I invested £ 75,000 in business where can I go after ?

Please don't hesitate to ask more information regarding this to solve my case.

Many Thanks for your help in advance.

Kind Regards,
Bhavin Jayswal

Hello,

Sorry to hear about all this. 1st think is If your are genuinely doing business then do not re apply. These refusal points are defendable. Your solicitor been aware now that If you reapply you will get visa But they forgot to tell you you have to reapply with 28 days of your refusal or refused appeal. I myself reapplied 3 cases and been granted visa's but there are some terms & conditions. Anyways i do not want to point out about their knowledge. Just suggest you to stay with your appeal If you say that you just had been given two refusal points.


BEST OF LUCK

[Bhavin001]

Thanks for quick reply Mr. Khan,
My Solicitor and Barrister said Court won't accept your new docs. The application was rejected saying no funds in the bank, I can show that fund was in my personal bank account and trasferred to business account and then Solicitor acc. to buy a business. All bank stmts from last six months I have. Only the contract letter, I could not change initiallly I provided with my application, But I after I have got two more companies contract. If I don't win the apeal, Can I apply again with new docs? Or better to do now without upsetting Home office? If I don't win the apeal, the judge or case worker will say you should apply freshly with this docs? I am not sure what to do.

[Bhavin001]

Mr. Khan,
But I could not submit docs. related my business which I was buying at the time of application, the process was not finished, and showed all planning for the existing business in the business plan, wrote a letter to submit more docs. but they didn't wait. Barrister point is they won't consider your new docs. do you know what I mean? Thanks for your reply.

[Olasunkanmi]

@ Bhavin001, if your refusal reason is only that you do not have money in your account, then I will say that you have a very high chance of winning your appeal if the 50k funds was in your personal account as at the time of your application.

If you have ticked available funds in your application form rather than invested funds, then your appeal should be a win with all the info that you stated.

Your lawyer/barrister made a mistake by assuming that you are submitting new documents because they fail to realise that those new information are part of the proof that your business is genuine and actively trading. Those documents can only be available after business is trading and the requirement of the visa application is not that you must be trading but that you should put all the necessary plans in place for your business to be trading.

Go for the appeal with a letter from the bank to proof that the 50k fund was in your personal account as at the time of your application. Also take all the proof that your business has been actively trading since your application and subsequent refusal.
You also stated that you have already employed 3 workers, this in itself is proof of your genuineness so take the monthly P32 and last tax year P35 to the hearing.

Do not let your lawyer/barrister discourage you for the appeal as you have a very high chance of winning the appeal.

[Bhavin001]

Let me explain you whole thing first please. I had 50k in my account. I was planning to buy an existing engineering business during Jun to August 2013 searching relevant. Finally got oney in Lincolnshire. The buying process was running from September to November 2013. My psw visa was expiring on 25 Oct. 2013. Before a week ago I applied for tier 1 entrepreneur showing that I am buying business -information of that business and how I can develop this business. I opened my company and registered as a director of my company at London address in the application. My new docs. related to new address which I bought the company. Will they accept my docs? Ho has also problem with my contract letter. Can I show new contracts of other companies rather then one which was refused to accept by HO in application. ? THANKS PLEASE REPLY ME.

[Bhavin001]

Let me explain you whole thing first please. I had 50k in my account. I was planning to buy an existing engineering business during Jun to August 2013 searching relevant. Finally got oney in Lincolnshire. The buying process was running from September to November 2013. My psw visa was expiring on 25 Oct. 2013. Before a week ago I applied for tier 1 entrepreneur showing that I am buying business -information of that business and how I can develop this business. I opened my company and registered as a director of my company at London address in the application. My new docs. related to new address which I bought the company. Will they accept my docs? Ho has also problem with my contract letter. Can I show new contracts of other companies rather then one which was refused to accept by HO in application. ? THANKS PLEASE REPLY ME.

[rehan01]

first of all could you plz explain how many refusal point were raised by the case worker? was it just fund not available ???? then you mention he also has problem with your contract ???


Also as advices by olasunkanmi you have very bright chances in appeal only if you can prove that you had access to fund at the time of application etc ............. regarding contract you can show the new contract which you have done as it show the genuineness of your business and regarding you new contract you can attach that in your appeal bundle with all the invoices issued to client since you applied visa and ofcourse business bank statement to prove those payments coming into business account.


3 employees and if they are also getting paid and salary is going from your company business account to their account then it will be big help in appeal.

Also you mention that you have invested £75,000 into business already and if you have all the relevant documents for that like account letter for amount invested and bank statement to prove the funds been invested than it will be very very helpful for you in the appeal.

After all this information if you lawyer and barrister are telling they cant do anything than i really doubt there abilities to do there job properly, As its true that court will not accept new evidences but in your case you have the funds at the time if application and after and it was invested later and providing all above mention documents you are proving you business is actively trading and you are genuine entrepreneur.

reagrding reapplying you can even do this after you lost the appeal but if you think you have all the correct paperwork to convince the judge then go for appeal and if not than reapply now ... but its entirely your choice

hope this is of some help.

regards

Let me explain you whole thing first please. I had 50k in my account. I was planning to buy an existing engineering business during Jun to August 2013 searching relevant. Finally got oney in Lincolnshire. The buying process was running from September to November 2013. My psw visa was expiring on 25 Oct. 2013. Before a week ago I applied for tier 1 entrepreneur showing that I am buying business -information of that business and how I can develop this business. I opened my company and registered as a director of my company at London address in the application. My new docs. related to new address which I bought the company. Will they accept my docs? Ho has also problem with my contract letter. Can I show new contracts of other companies rather then one which was refused to accept by HO in application. ? THANKS PLEASE REPLY ME.

[Olasunkanmi]

@ Bhavin001, Rehan01 has said it all, his advice is from experience and hopefully you will follow it.

[Bhavin001]

Can you please advice me an experienced Solicitor's details please, If you know someone who is expert in tier 1 Enterpreneur Visa , and charge me reasonably. Many Thanks,
Bhavin

[honey143]

Hi there,
Any update on ur case pls!

[naveediiqbal]

any updates