changing business plan after HO withdraw their objections

[shahbazali]

I am in a very critical situation.
the soc code we provided is entirely different from our business plan, contract is according to the code and website 50% according to the code.
this all happened due to our consultant misguidance about the code details.

our case was refused due to code issue. in appeal HO withdraw it. its been 5 weeks no answer from HO. now we studied our case and found these mistakes in it.

PLease Please advise should we send modified business plan, new contracts, amended website etc at this time OR we wait till homeoffice send a new decission?

thanks

[Darvesh]

u shud wait for the outcome of ur application....then decide your next move as per decision. u might not be able to do much right now.

wait for more expert advice.

[shahbazali]

my feeling is if HO refused again saying that business plan is not according to code and it looks that it was obtained from somewhere else. then will we be able to defend it.

thanks

[Olasunkanmi]

@ shahbazali, since you now know that your consultant did made the mistake that resulted in your refusal, one of your option is to make necessary plan for a new application with all the corrections to the mistake in your first application and then wait for Home Office decision before submitting a fresh application in time to avoid overstaying for long if the decision is not favourable.

You should be ready to accept Home Office decision and make new application if necessary as fighting against further refusal might cost you more than making new application.

[Lola22]

Are you saying that you found out after sending your grounds of appeal? Interesting!!! So what was your appeal based on?

[shahbazali]

but my partners old visa (PSW) has been expired, will they give us right to submit new application in case of refusal again?

thanks

[Olasunkanmi]

but my partners old visa (PSW) has been expired, will they give us right to submit new application in case of refusal again?

thanks

I thought u said you are both at the appeal stage, so tell us who and who is appealing between you and your team member?

The reason why I ask is because you said your partners visa has expired and normally both of you should still be on your previous PSW visa according to section 3C if you have both submitted your appeal on time.

[shahbazali]

my other team member visa was expired on 20 Mar 2013 and he was given appeal right so appealed in time.

I was not given appeal right as my visa is still valid till 21 Dec 2013 and I have submitted JR.
we both were on psw.

so for other team member if HO refuses again will they give him right of new application within uk?

thanks

[Olasunkanmi]

@ shahbazali, you should always give correct information when seeking for opinion as not doing so will normally result in wrong opinion from forum members.

You and your team member still have valid visa because your own visa is still valid till Dec 21, 2013 while your team member previous PSW visa has been extended by HO under section 3C because he submitted his appeal on time and HO are now reconsidering his case.

I will still advice that you make necessary plan for a fresh application if HO refuse your application again since you have notice your mistake, but you guys might be lucky if HO didn't use that against you because they have withdrawn the appeal and when HO withdraws appeal, the main reason might be that they have sense that they might have made a mistake when taking the decision and they see that they might loose the appeal.

The other issue at stake now is that you only have 3weeks left on your own visa and your JR review cant give you section 3C when your visa expires, so your best option is to hope that HO grant your team members visa before Dec 21, and you can then send them a letter requesting that they also grant your visa as you and your team member have the same refusal reason. If they don't get back to you before Dec 21, then your only option will be to submit a fresh application so that you don't become an overstayer.

[shahbazali]

when I will submit new application will I open a new company as the old company is 3 months older?

my amount is again with my team member (joint account)
and some of the amount we have spent in business (15000)

if I use the same company and new business plan as the old one has mistakes, will it effect my team member's case if that is still with HO?

thanks

[Olasunkanmi]

@ shahbazali,

when I will submit new application will I open a new company as the old company is 3 months older?

You can still use your old company for your new application since you said you are already trading, this in itself is proof that you guys are genuine entrepreneur. Just submit all the evidence of trading with your new application.

my amount is again with my team member (joint account)
and some of the amount we have spent in business (15000)

You still have to submit as team member and you should indicate this in your application form. If you have already spent £15,000 on your business genuinely, then this will give a plus to your application if you can prove it with documents.


If I use the same company and new business plan as the old one has mistakes, will it effect my team member's case if that is still with HO?

Try to stick with your old company and old business plans but correct all the errors in the business plan and try not to make changes that might make it look as if you don't understand what you are doing.

[shahbazali]

the error in Business plan is that we have given wrong code (2135) which is not according to our business plan.
our business plan is based on 4 codes as we have shown we are giving 4 kinds of services.
1- Business management consultancy
2- Accounts and Taxation
3- IT consultancy
4- website and software development

and the services we are geniunly giving is IT consultancy and website & software development.

now how should we rectify it. whether we send HO 3 more codes to add or remove the irrelevant services from business plan which may be the 75% of Business Plan

thanks

[Olasunkanmi]

@ shahbazali, you guys have combined about 3 main services into your business and this has caused the mix up in SOC codes, but i will still advice that you wait for Home Office contact with you rather than sending them any amendment to your business plan.

One other thing to note is that a member on this forum as raised an issue about Home Office asking if they are chartered accountant to run an Accounts and Taxation service. So is one of you guys a chartered accountant?

[shahbazali]

no, none of us is chartered accountant. but can we not employ a chartered accountant?

Just for knowledge can we not get the services from any other chartered accountant for our company?

thanks

[shahbazali]

I got opinion from 3 well known lawyers and barrister. they recommended me to send new documents and ask case worker to decide on the basis of new documents as it is the right of applicant that he can change his even grounds of application before it is decided by HO.

He gave me two references as well that he won in the upper tribunal.