Need help Re Business Guineness

[mighty ocean]

Hi there I am new to this forum, I need your help guys regarding the following.
We have applied for Enterperneur visa after 11 July under new rules, as a team member my time line is below:
Applied: 13 August 2014,
Refusal Received: October 2014.
The main reason of refusal was
1. Gumtree advertisement
The advertisement was dated after 11 july we were advertising before that date actually but ads expire after every month and there is clearly written on top of that we were posting ads since June.
2. Bank Account opened after 11 July.
The second is bank account we tried in different banks to open a business bank account and even we had appointment with bank on 16 June 2014 with barclays but they reufused to open because of less visa.
Our company was registered on 21 May and we got appointment with Barclays on 28 May. We tried in different banks and lastly were able to open one with Metro Bank. Unfortunately that was opened after 11 july.

Our first hearing was on 24 September 2015 on hearing day the home office lawyer came and she said she wants two hours for our case for debate regarding business genuineness. The Judge told she can arguments on allegations which are being but she refused to talk on those allegations and kept on saying I will have debate on business genuineness. The judge then told her she can have 40 to 45 mins but she refused. So Judge has adjourned the hearing.
Our hearing is now on 15 January 2016, we are very worried about it. Can someone please tell us what to expect on that day. Who has any idea what question we can expect from HO lawyer.
Your help will be highly appreciated.

[mighty ocean]

Hi please help me your advice will be helpful for me .

[Tier1newbie]

Hi please help me your advice will be helpful for me .

Hello Mighty

Business genuiness is a very grey area and not so black and white. Go through all your submitted documents with a clear head once again and try to see what might prove that you are not planning to or running a genuine business.

Maybe something you have put in the business plan ?? Or some document that you might have submitted?? The lawyer will not fight on anything outside of what you said or gave them, so you need to check everything twice even three times to assess.

It is open to imagination what it might be and all the best.

[diamond07]

If main point of refusal was gumtree than,
You can call or mail gumtree to give you history of advert quoting them your advert reference.

You have to prove advert was given before 11th july and was live until three months before your application date.

2. Did you submit ownership of domain name?

3. Your company certifavate and filing history proves when account was open. Keep this with you in hearing.

4. If you can show some purchase invoice before 11th july, it will help you to prove, even bank account was opened after 11th july, your business has started in fact before 11th july.

5. Transfer all your fund to business account and invest whatever required and tell judge, if you do not get visa, you will lose investment.

6. When you posted advert in gumtree they mailed you invoice and time to time sent you mail saying when advert will expire. Take print out of those.

7. Moreover keep updating that advert and post it again to keep it live.

8. Know inside out of your busines plan and market research such as lawyer will ask you where did you get graph and financial projections in b plan etc etc.

If you give me details of refusal, i can help you better

[mighty ocean]

many thanks for your both reply's i appreciate .

i have a justification of those allegation and i will explain easily on hearing . Actually Our first hearing was on 24 September 2015 on hearing day the home office lawyer came and she said she wants two hours hearing for our case for debate regarding business genuineness . The Judge told she can arguments on allegations which are being but she refused to talk on those allegations and kept on saying I will have debate on business genuineness. The judge then told her she can have 40 to 45 mins but she refused. So Judge has adjourned the hearing.
Our hearing is now on 15 January 2016, we are very worried about it. Can someone please tell us what to expect on that day. Who has any idea what question we can expect from HO lawyer.