i will be grateful for any assistance.
I have applied twice for T1 Entrepreneur visa. The first time i applied i was misled by my solicitor and was led to believe that the process is as simple as a few documents and an interview. This application was refused.
I then reapplied with the help of another solicitor who prepared a business plan for my business idea of doing Artificial Jewellery in the UK through a Retail shop, online and trade shows to attract wholesalers.
The 200k funding was being given to me from my childhood friend in the UK.
In this application i submitted the following documents.
- Application Forms for me and 3 dependents
- Personal Bank Statemets from me and my wife showing £100k
- Business bank statements showing £10k
- Business Card, Invoice and suppliers invoice
- Marriage certificate
- Birth certificates for my children
- Letter from the 3rd party's bank confirming £200k was available for me, specifically mentioned my passport no. and my name.
- third Party's Bank statement of account which contained the £200k.
- Declaration signed by Third Party in India infront of a legal solicitor (Flew to india especially for this)
- 2 Year Tax Returns.
- House Valuation - Valued at £160k
- Shop Valuation - Valued at £110k
- Letter from third party on his company's letter headed paper stating our relation and that he would provide me the funds upon arrival in the UK.
- Solicitors witness statement to say that the declaration was signed infront of him.
- Police verification certificate printed from online.
After all this i attended an interview where the translator lacked basic english knowledge and as a result the questions the ECO asked and my answers dont match or make any sense. I wouldve answered the ECO at the time, directly but the mic wasn't near her so i couldnt hear her. I told her this.
I have spent alot of money into this and time and after all this i recieved another rejection letter stating for the 2nd time that they dont believe the third party will give the funds and cannot afford to give the funds. As the third party was in my line of business 6 years ago and since moved to another line due to his inexpericence, they used this to say why would the third party invest in you when he knows this line is not profitable?
(Refusal Letter Attached)
After a long chat with my solicitor we applied for AR on the basis that the fund were being gifted to me. The third party can afford this as he has over assets worth over £2m ( we sent bank statements to show £800k in his account, including the £200k put aside for me.) We argued that the big brands mentioned cannot be considered competitors as they dont sell indian artficial jewellery. The police verification certificate was the original as they are emailed electronically and i just printed and submitted however i am happy to get this stamped by my local police station.
After all this, AR Refused. I dont understand what to do. So any help would be appreciated.
So far i feel nothing but cheated. Please help guys. my daughter will be 18 in Jan, so i dont have much time if i have to reapply.
Response after AR.
You applied for entry clearance to the United Kingdom under Tier 1 Entrepreneur. Your application failed to meet the qualifying criteria and was refused. Your request for an Administrative Review was received by us on 17/10/2016.
Appendix AR of the Immigration Rules defines a case working error in relation to an eligible decision at Paragraph AR2.11 (a) – (e). As the decision to refuse you entry clearance falls under Paragraph 245DB (f)(iii), (h)(ii) and (h)(iii), 245EB(b) and 245DB(b),(f) of the Immigration Rules (that the decision maker needs to be satisfied of your genuine intensions , that you have access to £200000) the applicable paragraph for me to consider in this review is AR2.11 (d) “Where the original decision maker otherwise applied the Immigration Rules incorrectly”.
In reviewing your application I have considered your application, the transcript of your interview on 26th September 2016 and your grounds for review. I have also considered your application for review in light of the Immigration Rules and published guidance related to assessing applications made under Tier 1 of the Points Based System.
I am satisfied that in your case no case working error as defined by Appendix AR of the Immigration Rules has occurred. You were given ample opportunity at interview to satisfy the decision making ECO of your genuine intentions and opportunity to properly establish your access to the £200000 in a third parties account.
The application was also refused under paragraph 3202A - the point is that if you provide a copy ( ie not original) certificate , the copy requires validiating to show it is a true copy of the original.
Whilst you may disagree with the decision I can see nothing in your grounds for review that establishes the decision reached by the Entry Clearance Officer was in fact incorrect or evidentially flawed.
The decision to refuse entry clearance is maintained at review.
