Finally Tier 1 Visa Refused (Team App) ......Stupid Reasons

[rehan01]

Thanks sir .... Will be going in appeal for sure and will kickarse tooo lol

Regards

Rehan !!!!!!!
Just came to know about this
Sorry to hear this mate
You will win the appeal for sure mate...
Just to let you know that the point that you have raised about expenses from personal money is absolutely legitimate !
These expenses that you pay from your pocket like travelling to client side and lunch at client side are valid company expenses which can be later claimed as "Out of Pocket expenses".

Yes I agree wit both of u rizkcb and babylondoner ....... Thanks a lot for ur time and effort for putting all tis information and argument it will definately be vry helpful for many of us.


I got both ur points like u said its beter if u show little bit investment it shows u r heading into right directions but again when u show u working frm home etc its hard to do this and than again provide proof of tht and accountant certificate and unaudited account .... So in my case I had access to more than 50K .... I had 60 K in my account and whtever I spend it was from that money but stil I manage to keep it above 50K and I never said I am claiming any points for investment ... If u knw wht I mean.

My answer was personal funds so all this is my personal funds even tht 50k which I am using to claim points.

Regarding expenses I gave same answer that fuel money etc I am managing it myself rather than investing frm my funds bcz I don't want to touch that money till I get decision on my application.

May be I have done wrong way but that how I think and basis on above I answered them.


Regards

[therock]

I just read this thread, and I am surprised, angry and speechless over these stupid points from the lazy caseworker who tried his/her best to refuse your application.

Insha Allah, you will win this appeal straightaway,

[rizwan567]

Shock, shock, shock... Rehan, if someone as well prepared as you can be refused then this Tier 1 Entre has become no more than a lottery. Its luck. If you are lucky enough to get good caseworker then visa is in door step within 25 days. If you get bad caseworker who harshly applies rules then this is what you got (refusal) I can still remember, how happy and satisfied you were after you appeared for interview.

People with basic set of documents (NI bill, one contract, one advertisment and 50K bank stmt) are sometimes getting visas without any problem. And some of applicants getting refusals on silly reasons without appearing for interview. And someone like you has been refused harshly after interview. You correctly said, this is life.

I know you will get it in court but something which you could have get easily will now have to be fight for.

For your information, appeal process is taking longer than before. A person appealed on 15 April 13 got hearing date o Nov 13. So be prepared for 6-8 month hearing date.

[rehan01]

thanks harry

Sorry to hear the bad news, rehan..
We all pray for you..

[rehan01]

thanks therock ....

I just read this thread, and I am surprised, angry and speechless over these stupid points from the lazy caseworker who tried his/her best to refuse your application.

Insha Allah, you will win this appeal straightaway,

[rehan01]

Thanks Rizwan ....... I am shocked myself but same time I not shocked either and I am glad that they refused the application on these reason which I can easily prove and slap on there face when I stand in front of judge ........

Advertisement was done as per policy guidance ... Leaflet submitted but they never mention anything about it.

Where I get the money from .... I replied personal funds .... fair enough I came as student but my Late father always send money from Pakistan to me and it was always done via bank transfer ...... so I can prove this by providing last 10 years of bank statements ..... even before I applied Tier 1 visa he sent £19K directly into my current account from Pakistan and all these transfers are via bank .... I have receipt of all the CHAPS payments he made during my whole stay in UK.


50k ..... My brother who is my team member he is in full time employment he transfer funds into my account from his personal account (which he submitted and claim point for his maintenance) and I had 60k in my personal account but then we decided to open joint account and transfer funds into joint account instead because of both having equal access to funds.


regarding Market Research and Genuine Entrepreneur ..... I submitted 1 contact with initial application ............... than submitted 4 more contract at the time of Interview .... Also provided Business bank statement confirming Client paid and provided invoices etc ..... whtelse they expect from me when I am still working from home ?

I told them hundreds of IT company in area providing same services ... (why would I give them number how many) bcz everyday some new company is live in market and providing same services but I told them about our competitors and services they provide and how we stand out from them bcz of our prices etc.


Regarding not provided evidence for my IT work experience .... where in policy guidance its mention that we have to provide this ... even then I provided them full details of the employer at the time of interview and it was noted in the answer sheet .............

like you said its entirely luck ...... but I wil definitely going into appeal and will make sure I hit them so hard that they will remember ..... I don't care wht solicitors will cost etc ....... I will also make sure I go with top solicitor and barrister etc .... but I simply don't knw who to trust and who not to trust as I had very bad experiences with them in past .... but now I guess have no choice .... I really wish I have done degree in LAW Instead

I heard after submitting appeal there will be a exchange of bundles by ukba with court and once copy will be sent to us, but I am not sure how appeals work but plz remember me in ur prays as thts all I need at present.

thanks you and rest of the forum members who showed there support through out this.

kind regards

Shock, shock, shock... Rehan, if someone as well prepared as you can be refused then this Tier 1 Entre has become no more than a lottery. Its luck. If you are lucky enough to get good caseworker then visa is in door step within 25 days. If you get bad caseworker who harshly applies rules then this is what you got (refusal) I can still remember, how happy and satisfied you were after you appeared for interview.

People with basic set of documents (NI bill, one contract, one advertisment and 50K bank stmt) are sometimes getting visas without any problem. And some of applicants getting refusals on silly reasons without appearing for interview. And someone like you has been refused harshly after interview. You correctly said, this is life.

I know you will get it in court but something which you could have get easily will now have to be fight for.

For your information, appeal process is taking longer than before. A person appealed on 15 April 13 got hearing date o Nov 13. So be prepared for 6-8 month hearing date.

[monolyte]

Dear All,

Finally I got my Tier 1 application refused today ............ Time Line

Applied 07/01/2013
Biometric : Last week of January
standard letter received about changes
Interview Attended: 03/06/2013
Refusal Letter Dated: 20/06/2013
Refusal Letter Received: 26/06/2013

Stupid Refusal Reasons:

1. You only submitted online advertisement of your business eg (Gumtree, Thomal Local, Craiglist etc). There are concerns about where you have chosen to advertise you business. In addition you have provided business contracts and HMRC Documents.

Ans: I have provided online advertisement printout plus a Leaflet of advertisement with complete details I simply don't understand what are the concerns they have there.

2.You applying as director of xyz company, you have provided bank statement that you have access to £50,000. Large payments have been transferred into this account over the period of 3 days, therefore the funds have only been available to you a month prior to submitting application.

Ans: I transferred all funds from my personal account to my joint account with my team member and transferred £50K over 3 days and also provided Recent bank statement when attended Interview confirming I have maintained the funds throughout and still are.

3. you stated you have not invested anything yet and have no overheads at present and apart from expenses which you are maintaining from your personal funds. so if you have used personal funds to fund the business so far and you have no overheads cost, where is the need for an investment of £50,000.

Ans: when I already told that all funds are our personal saving and whatever expenses we have we manage from personal funds and why would I invest £50k now when I don't even know I will be in country or not as my application is still pending?

4.you have provided no evidence to suggest that you have been developing this business during the course of your leave as Tier 1 (PSW) migrant as there is no information to demonstrate the creation of the business dated 26/11/2012, which is just over a months before the date of application.

Also not satisfied with market research. not satisfied that you working from home and will look to renting office space once you have been granted tier 1 entrepreneur.

Ans: where is it mention in policy guidance that we have to start developing the business before we consider to apply for Tier 1 visa? or I am wrong here that we should have started earlier ?

5.you have done degree in IT from XYZ University, you have stated that you worked for XYZ IT company. No evidence of any work experience in your chosen field has been submitted.

Ans: In Interview I have answer this question and have also provided complete details of the company I worked and she written everything about it in Answer sheet.

I am going to appeal for sure and any views, thoughts and idea in regards to above will be highly appreciated.

regards

Dear rehan01,
I observed that they are trying their best to frustrate guys that have been in the UK for 8 to 9 yrs by creating unnecessary difficulties by issuing such baseless refusals. Just appeal you will definitely win the case. They are just fighting a lost battle.

[rehan01]

thanks monolyte .... yes I knw wht u mean but its just waste of time and money nothing else but I guess we have no choice apart frm that coz visas r our requirement not there .... so we r getting fuckd over by them n nothing we can do I m afraid

[monolyte]

thanks monolyte .... yes I knw wht u mean but its just waste of time and money nothing else but I guess we have no choice apart frm that coz visas r our requirement not there .... so we r getting fuckd over by them n nothing we can do I m afraid

Dont lose hope. You can beat them to it by engaging in business that will entail you rendering services people need while you wait for your appeal. All this will change by next election. Just believe and hang on.

[rehan01]

Bro there is nothing to loose hope at all ...... the reason they give is already proven with documents I have submitted ... InshAllah I will role them over in front of Judge with the proper paperwork ..... I will simply put 3 bank statements ...... my personal bank statement where I transfer fund from into joint account which we use to claim funds requirement and my brother bank account statement where he transfer the funds into my personal account.

just remember me in ur prayers and thanks for your encouragement.

kind regards

thanks monolyte .... yes I knw wht u mean but its just waste of time and money nothing else but I guess we have no choice apart frm that coz visas r our requirement not there .... so we r getting fuckd over by them n nothing we can do I m afraid

Dont lose hope. You can beat them to it by engaging in business that will entail you rendering services people need while you wait for your appeal. All this will change by next election. Just believe and hang on.

[emli]

hi rehan and other forum member..
i have been following this forum from long time.
its so sad news..n specially reasons of refusal.
it has been almost 10 months no result yet..waiting is on.
it seems ukba dont want to issue visa. then they should stop this category.
we have wasted our time and money to developing ourself in this country and .
as rules and by law when we fullfill our reqiuerment they refusing visa for some unknown reasins wich is not fair atall. we all sould write a complain to gather at list they can hurry up or explain us what is the reasons for delay or refusal for some not valid stupid reason.
i know its sound bit funny but we have to take step as when we called they said its under process...!!! but to genuien reason is given..on top on that they are checking out genuieness ones they find some unfaithfull applicaton they should fefuse..but why all application is on hold for more then 6-10 months.
we have paid full fees and we should get answer or application out come.
could i get compalin email and postal adddress for this. atleast we could try.as all other categorys result is coming on time..even outside uk aswell.. this is not acceptable as all we are here to developed our life. ukba has no right to holdup this many cases for not any genuine resone. and play with this many human life . we are immigrats that does not mean we are not human being and they can hold up application files for no any satisfied answer and refusing visa and giving refusal reasons wich is noway acceptable or valid anyway in ukba guidline.

please compain email address and postal address if anyone could have.

[rehan01]

I understand you concern emli .... But compaining wil not get us anywhere I guess as they have simple excuse bcz of number of application submitted and money is been moved around etc ... We can definately complain but it wil be waste of time n effort.


2ndly I knw some people who approach there Local MP's in regards to this and even they gave same answer to MP that due to high volume its taking longer than expected ..... And they replied to one of them that we are doing further checks on application that is why no reply yet since interview.

So I guess we have no choice apart frm waiting which is frustrating.

Regards

hi rehan and other forum member..
i have been following this forum from long time.
its so sad news..n specially reasons of refusal.
it has been almost 10 months no result yet..waiting is on.
it seems ukba dont want to issue visa. then they should stop this category.
we have wasted our time and money to developing ourself in this country and .
as rules and by law when we fullfill our reqiuerment they refusing visa for some unknown reasins wich is not fair atall. we all sould write a complain to gather at list they can hurry up or explain us what is the reasons for delay or refusal for some not valid stupid reason.
i know its sound bit funny but we have to take step as when we called they said its under process...!!! but to genuien reason is given..on top on that they are checking out genuieness ones they find some unfaithfull applicaton they should fefuse..but why all application is on hold for more then 6-10 months.
we have paid full fees and we should get answer or application out come.
could i get compalin email and postal adddress for this. atleast we could try.as all other categorys result is coming on time..even outside uk aswell.. this is not acceptable as all we are here to developed our life. ukba has no right to holdup this many cases for not any genuine resone. and play with this many human life . we are immigrats that does not mean we are not human being and they can hold up application files for no any satisfied answer and refusing visa and giving refusal reasons wich is noway acceptable or valid anyway in ukba guidline.

please compain email address and postal address if anyone could have.

[destiny88]

Hi
Any One knows process of Upper Tribunal till decision? please share here as i want to go to upper tribunal.

Thanks in advance, friends.

[business genius]

ohhh!! This is really a surprising decision but you can expect anything from home office.. Although you have done the proper home work.
The shocking news of the week!
Now the problem is another battle! Due to too many entrepreneur refusals, courts are occupied and to get the hearing date is miserable process, to wait for almost more then six months....plus to find the proper solicitor or barrister, too expensive and worst quality, sorry to say!
Anyway,Goodluck Rehan01 you cant do much its just LUCK

[Lola22]

Sorry, to hear about this.

Please, make sure you get a good solicitor for your appeal.

If you listen carefully to what he/she says, you will know if he is good or not.

I wish you all the best.

[dd156]

Really sorry to hear about this. Hope you win your appeal.

[SKSretail]

Application October 2012
Bio metric November 2012
I changed address in February 2013
March 15 Letter from home office about new legislation to my new address
No Contact after that
Then 28 may Capita business text me "Our records show that you may not have leave to remain in the UK
Then my solicitor contact Home office and capita
Capita replied my application refused in march 27th and refusal letter dispatched same date from home office but i did't received any letter from Home Office
Home office didn't response solicitor's query
what can I Do?????

[rehan01]

Once again I would like to thanks everyone for ur comments and advice finally I have submitted my appeal through a solicitor and I hope justice will be done ....... (Also told solicitor abt previous experiences with solicitors etc) so hopefully won't become victim of solicitor this time


Regards

[rehan01]

Thx business genius, I knw wht u mean solicitor told me I am looking at roughly nov/dec before I get hearing date.


So let c what happen.

Regards

ohhh!! This is really a surprising decision but you can expect anything from home office.. Although you have done the proper home work.
The shocking news of the week!
Now the problem is another battle! Due to too many entrepreneur refusals, courts are occupied and to get the hearing date is miserable process, to wait for almost more then six months....plus to find the proper solicitor or barrister, too expensive and worst quality, sorry to say!
Anyway,Goodluck Rehan01 you cant do much its just LUCK

[rehan01]

@ Lola22 thanks


I submitted my appeal today and now it's upto solicitor how good he prepare he case but I been told its look quite straight forward.

Regards

Sorry, to hear about this.

Please, make sure you get a good solicitor for your appeal.

If you listen carefully to what he/she says, you will know if he is good or not.

I wish you all the best.

[rehan01]

Thanks @ dd156

Really sorry to hear about this. Hope you win your appeal.

[rehan01]

Refusal letter sent via recorded delivery how u have missed it?

Ask ur solicitor to enquire with HO and ask them to provide proof of posting if it was sent and u have not received.

Good luck

Application October 2012
Bio metric November 2012
I changed address in February 2013
March 15 Letter from home office about new legislation to my new address
No Contact after that
Then 28 may Capita business text me "Our records show that you may not have leave to remain in the UK
Then my solicitor contact Home office and capita
Capita replied my application refused in march 27th and refusal letter dispatched same date from home office but i did't received any letter from Home Office
Home office didn't response solicitor's query
what can I Do?????

[BlackBirdSSG]

word of advice...

If you have access to £50K, its better to form a business and invest... and they apply (as compared to show £50K)

Even in rejections, you have higher chances of winning in appeals.

[Olasunkanmi]

Thanks @ dd156

Really sorry to hear about this. Hope you win your appeal.

@ Rehan01, any update about ur appeal date? Have u got any date yet and hope you have start spending money from your business account as suggested by some as this will help you during your appeal hearing.

Just run your business as if you have your Tier 1 Entrepreneur visa already, and the HO will find it very difficult to doubt your intension.

[rehan01]

Thx blackbirdssg ....... Business already and trading but providing limited services but whatever services we r providing to clients at the moment client is paying for it on time and all these payments are coming into business account ..... Investment visa nothing is been invested from 50k as I m still maintaining the balance and whatever I have spend till dated is entirely from my personal funds ........ Instead of 50k I have put rest of my saving into same account and taken balance to 65k and will go with solid statement in appeal maintaining 50 k frm the date of application ......and funds r in our joint personal account.



Regards

word of advice...

If you have access to £50K, its better to form a business and invest... and they apply (as compared to show £50K)

Even in rejections, you have higher chances of winning in appeals.