Visa Refused with no Appeal - tier 2 to tier 1

[Geezy]

Hi guys,

Need your help urgently. I have applied to switch my visa from a tier 2 to tier 1 and submitted a joint application as an entrepreneurial team.

I have been refused my visa application for the following reasons:

- querying my source of funds which I confirmed at interview that I raised via sale of property, shares, savings and sale of a car back in my home country. (They believe I am too young to have access to £100k at the age of 31.)

- they do not believe I have carried out an adequate market research and do not believe my business is viable. (My business is a consultancy firm of financial analysts which is continuing in line with what my tier 2 job title is.)

- the believe I do not have enough experience to set up a business in the uk. (I have been working full time for 5 years mostly in the uk.)

- I have not registered my company and set up a website to market my business which shows I'm not genuine. (As I am on tier 2 visa, I am not allowed to set up my own business.)

As I have no right of appeal, can anyone provide guidance on what options I have. I cannot continue on tier 2 as my employer got wind of he fact that I'm looking to set up my business and plans to cancel my visa.

If I were to reapply, what additional documentation could I possibly provide?

Any help with this would be greatly appreciated.

[BlackBirdSSG]

Hi guys,

Need your help urgently. I have applied to switch my visa from a tier 2 to tier 1 and submitted a joint application as an entrepreneurial team.

I have been refused my visa application for the following reasons:

- querying my source of funds which I confirmed at interview that I raised via sale of property, shares, savings and sale of a car back in my home country. (They believe I am too young to have access to £100k at the age of 31.)

This is absolutely bullocks. They are not believing that you are too young. They are simply not convinced that you gave evidence of your source of funding (such as sale of property deed and transfer of money). Sale of car would not generate that much money, but even so, have you included all that proof?

- they do not believe I have carried out an adequate market research and do not believe my business is viable. (My business is a consultancy firm of financial analysts which is continuing in line with what my tier 2 job title is.)

Market Research is very important. However, if that was not included in your application, they should have asked you for that document before refusing you (evidential flexibility)

they believe I do not have enough experience to set up a business in the uk. (I have been working full time for 5 years mostly in the uk.)

Experience is not the requirement of this visa, but they may refuse you if they "THINK" you are not genuinely intending to pursue your business in "FUTURE" (also mentioned in Page 19 of 56 of Policy Guidance). I have seen many people getting visas even though they had no prior business experience.

I have not registered my company and set up a website to market my business which shows I'm not genuine. (As I am on tier 2 visa, I am not allowed to set up my own business.)

Logically, being on Tier 2, you cannot register a company. That would be a violation your previous visa unless until you get change in your status. However, you can open a company and keep it (non-active) so that no one else can take your name. Website domain, hosting and Email can be done under £10 for one year) but you must provide market research. That's the only way you can show that you have done survey and research on market and know the reality of it.

As I have no right of appeal, can anyone provide guidance on what options I have. I cannot continue on tier 2 as my employer got wind of the fact that I'm looking to set up my business and plans to cancel my visa.

You can change your Tier 2 sponsor OR you can apply for JR by filing for Pre-Action Protocol. Read this : http://www.richardbuxton.co.uk/v3.0/node/51

If I were to reapply, what additional documentation could I possibly provide?

You need to start from scratch and this time, do everything by the book.