I got my refusal letter today. The reasons stated are:
I have supplied them with my business account welcome letter and bank statements and I also included my bank manager business card as Barclays were taking forever to send me the "Evidence of Trading Letter". And I only got 28 days to submit the application.For requirement (iv) of paragraph 41-SD (e) although you have provided a job title that is listed in Appendix J, you have not supplied any of the specified evidence listed at paragraph 41-SD to demonstrate that your business is trading as claimed and that you are offering the services indicated by your job-title as a business.
As evidence of trading activity you have supplied an invoice, a delivery note and a catalogue from your supplier, a bank letter and statement from Barclays (with whom you have a business account with) and telephone bills.
The above evidence is not acceptable because the documents provided from your supplier and telephone bills are not specified evidence listed at paragraph 41-SD(e)(iv) of the Immigration Rules, which states that one of the following must be provided as evidence of trading –
(1) a contract. If a contract is not an original the applicant must sign each page .
The contract must show:
(a) the applicant’s name and the name of the business
(b) the service provided by the applicant’s business;
(c) the name of the other party or parties involved in the contract and their contact details, including their full address, postal code and, where available landline phone number and any email address; or
(2) An original letter from a UK-regulated financial trading institution with which the applicant has a business bank account, on the institution’s headed paper, confirming that the business is trading
You have not supplied any contracts as listed above.
With regards to the bank letter you have provided from Barclays, this does not meet the above requirements because it is a welcome letter and does not confirm that the business is trading.
Although you have supplied the evidence as listed in paragraph 41-SD(e) of Appendix A of the Immigration Rules, we are not satisfied that you are working in an occupation skilled at NQF4 level 4.
As stated above, “working” in the context excludes any work involved in the administration, marketing or website functions for your own business.
Your stated job title of Director and Bicycle Mechanic (SOC code 1259) does not reflect the services that your business is offering as the evidence that you have supplied for business activity shows that the core service of your business is buying, selling and repairing bicycles.
The role and services you provide as a bicycle mechanic relates to SOC code 5231which is NQF3.
It is therefore considered that the job title that you have chosen reflects only the work that you have undertaking within your own business towards its administration, marketing or website functions.
As such, you have failed to demonstrate that the core service your business provides to your customers or clients involves delivering a service in an occupation at NQF level 4.
As a result of the above, you have not demonstrated that you meet the requirement of the Rules to be awarded points under provision (d) in the first row of Table 4 of Appendix A.
You have submitted no evidence that you qualify for points under any of the provisions in the first row of Table 4 of Appendix A, for example having access to £200,000, and we have been unable to award points for this attribute in accordance with Appendix A of the immigration Rules.
As for the business, they are claiming I can't claim to be a manager of a service not classified elsewhere even though Bicycle Cafe (My business is a bicycle cafe) isn't classified anywhere else. But the caseworker is happy to bump my down down to NFQ level 3 even though the same mad man claim I didn't demonstrate enough that my business is trading but somehow I demonstrated I have a business which trading activity is graded as NQF level 3.
I want to prepare a Pre Action Protocol before going for Judicial Review. I will include the "Evidence of Trading Letter" from Barclays Bank that arrived after I submitted the application.
I really need you guys advice on the SOC code issue because I think thats the core of their argument and defence. This is my second application. So this is my final option.
Thanks in advance.
