2ND APPLICATION DENIED NO RIGHTS OF APPEAL NEED HELP!!!

[INDIANBABE1]

APPLICATION DATE: NOV 2013
INTERVIEW : MARCH 2014
REFUSAL WITH NO APPEAL: 10/4/14

I have just received my refusal this afternoon with no rights of appeal. This is my second application and they have denied it for the following reasons;
1. I have over-stayed over the periods of Feb-Nov 2013 (in which I did not as this was when I made my initial application and it was refused and went to the Tribunal) and in Nov 2013 I re-applied all over again. This was not taken into consideration at all.

2. the funds that were in my UK Lloyd's account were queried as they do not believe the funds were genuinely there for the business. I had supplied information on the transfer from Malaysia and all relevant documents but they did not take this into consideration.

3. They specified that my company does not have a website, which I have clearly specified with the full address details of it on my covering letter

4. They say me and my other business partner provided contradicting information during the interview, and this is a LIE. The person that interviewed me was so lazy and did not even write all what i mentioned to him at the interview and it only lasted 20minutes!!!! When asked if this is recorded, he said NO. My business partner was able to make his interviewer write down detailed notes when he realised it was not recorded but this did not impact in a positive manner at all!!!! (Now, because they are only dependent on what this interviewers write on a piece of paper I am not happy that the person can chose what they wish to write down) If it were being recorded there is strong evidence to show me and him were contradicting information BUT HOW CAN THEY PROVE THIS?

5. They are questioning the client we did a contract with, stating that the client we used does not have a permanent stay in the UK? How is it their business who we have as clients?

My question is what is my next step!!! I judicial review going to help me in anyway. I do not know any process and neither do I have a lawyer, as in my initial application I used a lawyer and he turned out to be a sham one!! Therefore I am requesting for someone to please advise me on what can I do next.....

[Olasunkanmi]

@ INDIANBABE1, your best course of action is through JR and you need to file a PAP letter as soon as possible. You should also go through the JR sections of this forum and you will be able to learn a lot from their case.

You also have a very high chance of winning your case as caseworker seem to have ignore your last application which went to appeal. What happen at the appeal stage with your first application?

1. I have over-stayed over the periods of Feb-Nov 2013 (in which I did not as this was when I made my initial application and it was refused and went to the Tribunal) and in Nov 2013 I re-applied all over again. This was not taken into consideration at all.

Ans: Your appeal reference is enough to proof this and you should be fine.

2. the funds that were in my UK Lloyd's account were queried as they do not believe the funds were genuinely there for the business. I had supplied information on the transfer from Malaysia and all relevant documents but they did not take this into consideration.

Ans: Get a letter from the bank to proof that the funds was in the account throughout the application process and make sure the funds is still available to you.

3. They specified that my company does not have a website, which I have clearly specified with the full address details of it on my covering letter

Ans: Your submitted covering letter listing the website address as at the time of application submission should be ok to proof this. If you also submitted a screenshot of the website, then include this as your evidence.

4. They say me and my other business partner provided contradicting information during the interview, and this is a LIE. The person that interviewed me was so lazy and did not even write all what i mentioned to him at the interview and it only lasted 20minutes!!!! When asked if this is recorded, he said NO. My business partner was able to make his interviewer write down detailed notes when he realised it was not recorded but this did not impact in a positive manner at all!!!! (Now, because they are only dependent on what this interviewers write on a piece of paper I am not happy that the person can chose what they wish to write down) If it were being recorded there is strong evidence to show me and him were contradicting information BUT HOW CAN THEY PROVE THIS?

Ans: If you are able to answer all other refusal points, then you shouldn't worry about this.

5. They are questioning the client we did a contract with, stating that the client we used does not have a permanent stay in the UK? How is it their business who we have as clients?

Ans: They have a right to ask about your client, so you should make sure your client have a right to run a business in the UK. They don't necessarily have to be permanent resident to be eligible to run business in UK.

[INDIANBABE1]

Thank you for your prompt reply Olasunkanmi. I will be meeting a lawyer to file for a JR and PAP as you mentioned.
I have a few questions for you based on your reply.

1.Would you be able to advise how long will this JR process take?

2.My client that I have at the moment,has a stay but it is not a business permit. And how am I to show any evidence of my client of such way?

3. HO is questioning specifically about the funds in the Lloyds acc that;
i. the part of funds from malaysia was sent to my personal savings and i moved it to my current(where evidence of the funds sent was provided to HO, but I did not include my savings acc statement details tht shows the money coming from abroad to HO)
ii. the remainder of the funds were not declared according to HO, and they do not feel it is credible because I did not explain where the remainder came from. this is because this is my personal savings from my 2 years of PSW.-how am i to tackle this?
iii. My business partner invested some part of the funds and provided a sale of property declaration with a Deed of Conveyance with the relevant stamps and seal (HO, denied and said there was no seal and wasnt typed up in official letter headed paper which it was.)

4. they stated that information was contradicting in our interview between ourselves ( i am worried about this because, they stated that we did not do a good market research and information we gave in the interview was more detailed compared to the one on paper we supplied to HO) -terms of competitors, pricing strategies ect- we were able to give more information in the interview as our business had picked up more from the time of application- How am I to resolve this?

5. I have been given a date of 14th April to ring the departure team, do I need to worry about ringing them about my travel arrangements?

6. I had used a sham lawyer in the past which caused me losses over £5k, so I am worried to use any new lawyers and I do lack in resources. to approach the JR is the process lengthy and requires alot of money?

THANK YOU SO MUCH OLASUNKANMI, IVE READ MUCH ABOUT HOW YOU'VE HELPED MANY OTHERS AND I APPRECIATE YOU TRYING TO HELP ME TOO.

[Olasunkanmi]

@ INDIANBABE1, if you are very confident and if your business is also running then you don't necessarily need a lawyer to submit a PAP letter. You can send it and then see how it turn out to see if you might need a lawyer later.

1.Would you be able to advise how long will this JR process take?

The JR process is very lengthy, so you need to be very patience. HO might withdraw and issue your visa without the need for a court hearing if your case is very strong.

2.My client that I have at the moment, has a stay but it is not a business permit. And how am I to show any evidence of my client of such way?

What exactly is your client's status?

3. HO is questioning specifically about the funds in the Lloyds acc that;

Don't worry about this as long as the money is in your account, then you should be fine.

5. I have been given a date of 14th April to ring the departure team, do I need to worry about ringing them about my travel arrangements?

Don't worry, as long as you start your JR process you will be left alone for the main time until its finished.

[Qasar Daniel]

About the clint have permanent resident or not: this is not related to business, not we can ask to our client...if my business is online, people visit my website and send me inquiry, to provide him services. I can just ask to the client that if they are registtered company and if they have bank account....I cant ask them if they have permanent residence....This is silly question if Ukba asking this...UKBA case workers are not business expert. Hope your solicitor can win this point. Wish you good luck

[INDIANBABE1]

Olasunkanmi thanks again for your reply. I am confident about the running of the business, however as a new starter we all know things can get slow and customer base is low. I believe with your encouragement that the case is strong, but I am unsure if i submit the form you suggested would that be enough, as I do not have any point of law knowledge. Where can i get this form and is it possible to fill it and submit with less knowledge of immigration laws? What is my time line for this process? Please guide me with any website links or guidence to help me with the submission of this form. Thank you very much.

Qasar Daniel, I agree with you and I sincerely do not feel the need to ask my clients for such evidence to work with him. Because it will indeed be an awkward question at the same time because I am a marketing research company that is small my customer base is dependent on word of mouth as I am still new. And the odd ones that look me up via my website or linked in profile. but anyway, at least someone out there agrees with my point that HO should not be refusing based on such reasons.

THANKS FOR THE RESPONSE

[Olasunkanmi]

@ INDIANBABE1, go through this link and you will find all that you require for the JR.

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

[Qasar Daniel]

Olasunkanmi I sent you PM but not receiving your reply, I need your help, Can you send me ur email address please. I will be grateful to you. Daniel

[Qasar Daniel]

Olasunkanmi I sent you PM, but not receiving your reply, can you please send me your email address , i need your help..I will be grateful to you.Thanks
Daniel