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Need Sugestion

Only for Start-Up Visas and Innovator Visas

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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sarwarge
Newly Registered
Posts: 1
Joined: Sun Aug 06, 2023 9:56 pm
Pakistan

Need Sugestion

Post by sarwarge » Mon Oct 28, 2024 4:38 pm

Dear Members,

I am seeking advice regarding my current immigration situation in the UK, specifically related to my application for a visa extension as an Overseas Business Representative.

I arrived in the UK in March 2020 on an Overseas Business Representative visa to establish a business focusing on sports-related products, as outlined in my original business plan. My plan specifically detailed the sale of sports dresses and sports equipment, a business line I was already successfully managing abroad.

Since then, I have established the UK branch and maintained a focus on the sports sector. Additionally, to cater to market interest and diversify product offerings, I began selling a range of items related to sports and gaming activities, such as:

Damascus steel hunting knives and throwing axes,
Samurai swords paired with martial arts equipment.
These items were introduced as supplementary products with the understanding that they relate to sports and outdoor games, aligning with my business theme.


Upon applying for my visa extension, the Home Office reviewed my income streams and stated that my primary income in the UK is derived from these supplementary items rather than from the originally intended sports clothing and equipment. They declined my extension, concluding that I had deviated from my initial business plan, despite my argument that these products are complementary to my core business.

Following the refusal, I sought an administrative review, during which I explained that my overseas business has been selling similar products since 2019, suggesting continuity and alignment with my business model. Unfortunately, the review was not successful, and the decision to refuse the extension was upheld.

I am now considering my options and would greatly appreciate any insights the community may offer. Specifically, I would like guidance on the following:

Appeal in Higher Court: Would it be worth appealing this decision in a higher court if I can present additional evidence showing that sports equipment remains the primary focus of my business, with the supplemental items as part of a broader product offering?

Switch to a Different Visa Category: Should I consider switching to a different visa category that might better accommodate my current business model? For example, I am open to exploring options like the Innovator Visa if it allows for this product diversification.

I am hopeful that the collective experience and insights of this group can help me make an informed decision on the best course of action. Any advice on potential success rates, documentation recommendations, or similar experiences with appeals would be incredibly helpful.

Thank you very much for your time and support.

Warm regards,
Muhammad

User avatar
Zerubbabel
Respected Guru
Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
Mood:
United Kingdom

Re: Need Sugestion

Post by Zerubbabel » Wed Oct 30, 2024 11:42 am

I am responding to the the "Innovator Visa" part. It's described here:

https://www.gov.uk/innovator-founder-visa
you want to set up and run an innovative business in the UK - it must be something that’s different from anything else on the market
If you are reselling products, your business won't be innovative for the purpose of this visa. So that visa won't be an alternative for you unless you come up with a different business idea, get it endorsed by endorsing body and move forward with an application.

If you want to Appeal, you need to go with a good solicitor and prepare your case.

laramara
Newly Registered
Posts: 16
Joined: Tue Jan 30, 2024 8:25 pm
Canada

Re: Need Sugestion

Post by laramara » Thu Oct 31, 2024 9:45 am

Hi Muhammad,
The UK Representative office should be trading in the same activities as the parent company.
Is the parent company trading in the complementary items as well? If so, since when?
Did you provide any documents in your extension application to suggest that the parent company is also trading in the complementary items, for e.g. on your company webite for parent company which also is mentioned on the website of the UK operation?

What is the date of filing of your extension application?
What is the date of refusal of the extension applicaton?
What is the date of refusal of the admin review?

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