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Tier 1 Entrepreneur Visa Refused

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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

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skyer100
Newly Registered
Posts: 8
Joined: Fri Jul 19, 2013 1:27 pm

Tier 1 Entrepreneur Visa Refused

Post by skyer100 » Fri Jul 19, 2013 1:56 pm

I got my visa refused in April 2013, and was given the right of Appeal. My hearing date has been fixed for Sept. I approached the bank to open a business account just before i sent out my application in January but was turned down since i didn't have enough time on my previous visa. The bank advised me to come back after i must have gotten my Tier 1 visa

Grounds of Refusal are as follows:

1. That i did not include advertisements of the business containing my name

2. I have not provided any contracts detailing the services my business offers

Here are my queries

1. Can you put up an advert for a business that isn't operational, as the business is dependent on when one gets the visa?

2. Can you put up tender for contracts when you do not have proper immigration paperwork?

RizKCB
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Posts: 320
Joined: Mon Mar 15, 2010 7:14 pm
Mood:
Pakistan

Post by RizKCB » Fri Jul 19, 2013 2:25 pm

Ground of refusals are based on missing items in your application. We have to follow policy guidance regardless of what happens in reality. No other choice...

Your queries are valid but would act as arguments in appeal unfortunately.

entrepreneur123
Senior Member
Posts: 640
Joined: Wed Jan 09, 2013 11:12 am

Re: Tier 1 Entrepreneur Visa Refused

Post by entrepreneur123 » Fri Jul 19, 2013 3:15 pm

I think someone else was refused on these grounds as well way back on this forum. he won the appeal but i think applicant gave a contract to judge and then judge asked home office to consider applicant new contract...
skyer100 wrote:I got my visa refused in April 2013, and was given the right of Appeal. My hearing date has been fixed for Sept. I approached the bank to open a business account just before i sent out my application in January but was turned down since i didn't have enough time on my previous visa. The bank advised me to come back after i must have gotten my Tier 1 visa

Grounds of Refusal are as follows:

1. That i did not include advertisements of the business containing my name

2. I have not provided any contracts detailing the services my business offers

Here are my queries

1. Can you put up an advert for a business that isn't operational, as the business is dependent on when one gets the visa?

2. Can you put up tender for contracts when you do not have proper immigration paperwork?

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Re: Tier 1 Entrepreneur Visa Refused

Post by Lola22 » Tue Jul 23, 2013 1:48 pm

skyer100 wrote:I got my visa refused in April 2013, and was given the right of Appeal. My hearing date has been fixed for Sept. I approached the bank to open a business account just before i sent out my application in January but was turned down since i didn't have enough time on my previous visa. The bank advised me to come back after i must have gotten my Tier 1 visa

Grounds of Refusal are as follows:

1. That i did not include advertisements of the business containing my name

2. I have not provided any contracts detailing the services my business offers

Here are my queries

1. Can you put up an advert for a business that isn't operational, as the business is dependent on when one gets the visa?

2. Can you put up tender for contracts when you do not have proper immigration paperwork?

Hello,

I am glad that you have decided to appeal but you need to follow the UKBA requirement if you want to win your appeal and stay in the UK. With what you wrote, it seems that you submitted the two document but they were not in the required format. Just make sure you get the corrected document ready and if you have a good solicitor that will be great.

Bank always ask for your passport during registration so am afraid you will have to wait till your passport comes back. You can however try with your previous bank if they will register a business bank account for you without asking for your passport.

sabuj263
Member
Posts: 136
Joined: Sun Nov 13, 2011 11:39 am
Location: Kent, UK
United Kingdom

Re: Tier 1 Entrepreneur Visa Refused

Post by sabuj263 » Tue Jul 23, 2013 3:35 pm

Lola22 wrote:
skyer100 wrote:I got my visa refused in April 2013, and was given the right of Appeal. My hearing date has been fixed for Sept. I approached the bank to open a business account just before i sent out my application in January but was turned down since i didn't have enough time on my previous visa. The bank advised me to come back after i must have gotten my Tier 1 visa

Grounds of Refusal are as follows:

1. That i did not include advertisements of the business containing my name

2. I have not provided any contracts detailing the services my business offers

Here are my queries

1. Can you put up an advert for a business that isn't operational, as the business is dependent on when one gets the visa?

2. Can you put up tender for contracts when you do not have proper immigration paperwork?

Hello,

I am glad that you have decided to appeal but you need to follow the UKBA requirement if you want to win your appeal and stay in the UK. With what you wrote, it seems that you submitted the two document but they were not in the required format. Just make sure you get the corrected document ready and if you have a good solicitor that will be great.

Bank always ask for your passport during registration so am afraid you will have to wait till your passport comes back. You can however try with your previous bank if they will register a business bank account for you without asking for your passport.
Driving licence is enough to verify home address and needs business documentation to open a business account.
Many Regards

my_friend
Member
Posts: 119
Joined: Mon Mar 25, 2013 7:17 pm

Post by my_friend » Wed Jul 24, 2013 12:41 am

Open your business account on phone in lloyds...if you already have a personal account with them...they wont ask for further details or documents....

sabuj263
Member
Posts: 136
Joined: Sun Nov 13, 2011 11:39 am
Location: Kent, UK
United Kingdom

Post by sabuj263 » Wed Jul 24, 2013 1:03 am

Barclays is sometime easy also to open a business account. I tried HSBC in first attempt but they made my talk to up.
Many Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu Aug 29, 2013 2:16 pm

skyer100 wrote:Hi everyone,
I have my hearing on Sept 3. Please has anyone got any advise for me

Reasons for refusal
1. No advertisements
2. No contracts
skyer100 wrote:Hi everyone,
Please has anyone in this forum have a sample business contract I can look at? My appeal is next week.
Life isn't fair, but you can be!

skyer100
Newly Registered
Posts: 8
Joined: Fri Jul 19, 2013 1:27 pm

Appeal refused

Post by skyer100 » Wed Sep 11, 2013 2:48 pm

My appeal was refused by the judge. I was given another right of appeal in a higher court.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Re: Appeal refused

Post by babylondoner » Wed Sep 11, 2013 2:52 pm

skyer100 wrote:My appeal was refused by the judge. I was given another right of appeal in a higher court.
that's sad to hear.

honestly, did you represent yourself in court or did you use a lawyer?

your case should have been argued under the principle of evidential flexibility

skyer100
Newly Registered
Posts: 8
Joined: Fri Jul 19, 2013 1:27 pm

Post by skyer100 » Wed Sep 11, 2013 3:12 pm

I used a solicitor.The judge agreed with the respondent on the grounds that i didnot providing a contract as at the time of the application. My solicitor argued that as at the time I made my application,I had bided for contracts but the clients did not get back to me on time hence I had to submit my application. He also told the judge that 2 contracts were awarded to me after I sent my application but they cannot commence until I have the full right to work in the UK. I presented the contracts at the hearing. I'm in a catch 22 at the moment.

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Wed Sep 11, 2013 4:36 pm

skyer100 wrote:I used a solicitor.The judge agreed with the respondent on the grounds that i didnot providing a contract as at the time of the application. My solicitor argued that as at the time I made my application,I had bided for contracts but the clients did not get back to me on time hence I had to submit my application. He also told the judge that 2 contracts were awarded to me after I sent my application but they cannot commence until I have the full right to work in the UK. I presented the contracts at the hearing. I'm in a catch 22 at the moment.
hmmm. your lawyer's arguments were rather weak.

the guidance docs clearly stated that contracts were a requirement for the visa.

he should have argued on the basis of evidential flexibility - that is, HO should have contacted you to requested for the missing docs.

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