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Need Help please ...Got Refusal today...

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

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KumarTier1
Newly Registered
Posts: 9
Joined: Wed Oct 02, 2013 3:25 pm

Need Help please ...Got Refusal today...

Post by KumarTier1 » Wed Oct 02, 2013 3:48 pm

Recently we applied the Tier 1 Entrepreneur team visa .

I applied on August 28.

Bio metrics on September 6th.

Refusal on September 30th.

Reason for refusal:

The account name must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party.

The HSBC bank account you have submitted is in the name of your company,xxxx ltd.

I would like to know:

In which account I will show my funds of £50,000 ?

My HSBC Business account is the on joint account of my friend and Myself.

We have shown the funds in the business account..and submitted the of business bank statements only.

(As we are already invested in UK)

Note:In the statements when we printed at the Bank it's on the name of my xxxx company only but not on my name or my partner name.

Is this was the problem or some thing else??

But when we received the posted business bank statements to my home the statement is on my name and my partner name and below my business xxxx company name as well.

Will the above statement with my name and my partner name and company name will be ok if I want to send the fresh application or any other thing?


Could you please help me in the above case.


We have given all the documents list same as like as you from scratch.

Documents Submitted:

• Original Personal Account Statement

• Business Bank statements(printed at bank on its official stationary)

• Original Master Degree Certificate

• Curriculum Vitae

• Original HMRC letter

• Original Companies House Directors Appointment Report and Company Registration Certificate


• Original Letter from Accountant & Company Accounts & Director’s Loan Agreement


• Business Contracts

• Certificate of Membership and Registration with trade body

• Business Plan including market research & competition

• Printout of Business Website Pages

• Marketing material ( Gumtree)



Note:

We have personal joint account in some other bank as well.(should we have to transfer the funds to this personal joint account from my business account).


Please help me

Many thanks

rahil74098
Junior Member
Posts: 56
Joined: Fri Nov 16, 2012 5:48 am
Location: United Kingdom
Contact:

Re: Need Help please ...Got Refusal today...

Post by rahil74098 » Wed Oct 02, 2013 4:24 pm

KumarTier1 wrote:Recently we applied the Tier 1 Entrepreneur team visa .

I applied on August 28.

Bio metrics on September 6th.

Refusal on September 30th.

Reason for refusal:

The account name must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party.

The HSBC bank account you have submitted is in the name of your company,xxxx ltd.

I would like to know:

In which account I will show my funds of £50,000 ?

My HSBC Business account is the on joint account of my friend and Myself.

We have shown the funds in the business account..and submitted the of business bank statements only.

(As we are already invested in UK)

Note:In the statements when we printed at the Bank it's on the name of my xxxx company only but not on my name or my partner name.

Is this was the problem or some thing else??

But when we received the posted business bank statements to my home the statement is on my name and my partner name and below my business xxxx company name as well.

Will the above statement with my name and my partner name and company name will be ok if I want to send the fresh application or any other thing?


Could you please help me in the above case.


We have given all the documents list same as like as you from scratch.

Documents Submitted:

• Original Personal Account Statement

• Business Bank statements(printed at bank on its official stationary)

• Original Master Degree Certificate

• Curriculum Vitae

• Original HMRC letter

• Original Companies House Directors Appointment Report and Company Registration Certificate


• Original Letter from Accountant & Company Accounts & Director’s Loan Agreement


• Business Contracts

• Certificate of Membership and Registration with trade body

• Business Plan including market research & competition

• Printout of Business Website Pages

• Marketing material ( Gumtree)



Note:

We have personal joint account in some other bank as well.(should we have to transfer the funds to this personal joint account from my business account).


Please help me

Many thanks
Transfer money in business account means tht u have made investment in a business. keep in mind business Account is ur company account not ur personal account....... thats why ur application is refused.
Now best option for you to keep the money in ur business account. Now u need two letters from accountant

. Original Letter from Accountant (It will show Confirmation of investment and transfer of funds in business account) & Company Accounts letter by Accountant ( Profit and loss Account and Balance Sheet)

. Investment is in the form of Director's Loan then will provide Director's loan Agreement (by each member).

Regards,

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Need Help please ...Got Refusal today...

Post by Olasunkanmi » Wed Oct 02, 2013 6:02 pm

KumarTier1 wrote:Recently we applied the Tier 1 Entrepreneur team visa .

I applied on August 28.

Bio metrics on September 6th.

Refusal on September 30th.

Reason for refusal:

The account name must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party.

The HSBC bank account you have submitted is in the name of your company,xxxx ltd.

I would like to know:

In which account I will show my funds of £50,000 ?

My HSBC Business account is the on joint account of my friend and Myself.

We have shown the funds in the business account..and submitted the of business bank statements only.

(As we are already invested in UK)

Note:In the statements when we printed at the Bank it's on the name of my xxxx company only but not on my name or my partner name.

Is this was the problem or some thing else??

But when we received the posted business bank statements to my home the statement is on my name and my partner name and below my business xxxx company name as well.

Will the above statement with my name and my partner name and company name will be ok if I want to send the fresh application or any other thing?


Could you please help me in the above case.


We have given all the documents list same as like as you from scratch.

Documents Submitted:

• Original Personal Account Statement

• Business Bank statements(printed at bank on its official stationary)

• Original Master Degree Certificate

• Curriculum Vitae

• Original HMRC letter

• Original Companies House Directors Appointment Report and Company Registration Certificate


• Original Letter from Accountant & Company Accounts & Director’s Loan Agreement


• Business Contracts

• Certificate of Membership and Registration with trade body

• Business Plan including market research & competition

• Printout of Business Website Pages

• Marketing material ( Gumtree)



Note:

We have personal joint account in some other bank as well.(should we have to transfer the funds to this personal joint account from my business account).


Please help me

Many thanks



@ KumarTier1, your application refusal is very worrying as caseworker just continue to show their lack of knowledge of the immigration rules and their senior managers fail to correct them.

Mind you KumarTier1, it is absolutely allowed to use your business account according to the immigration rules in paragraph 245DB and also section 100 of the new policy guidance (version 10/2013) which was just release yesterday.

All you should do is submit your appeal if you guys have got appeal right and also you can submit a reconsideration request after lodging your appeal to ask HO to reconsider your application as submitting fresh application will amount to waste of money without using the other free/low cost options available to you.

Business account have been indicated to be accepted right from the beginning but the caseworker keep making mistakes in their decision and now HO has just clarify that business account are allowed.
The key to success is knowledge and hardwork, and to have faith.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Need Help please ...Got Refusal today...

Post by Olasunkanmi » Wed Oct 02, 2013 6:11 pm

rahil74098 wrote:
KumarTier1 wrote:Recently we applied the Tier 1 Entrepreneur team visa .

I applied on August 28.

Bio metrics on September 6th.

Refusal on September 30th.

Reason for refusal:

The account name must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party.

The HSBC bank account you have submitted is in the name of your company,xxxx ltd.

I would like to know:

In which account I will show my funds of £50,000 ?

My HSBC Business account is the on joint account of my friend and Myself.

We have shown the funds in the business account..and submitted the of business bank statements only.

(As we are already invested in UK)

Note:In the statements when we printed at the Bank it's on the name of my xxxx company only but not on my name or my partner name.

Is this was the problem or some thing else??

But when we received the posted business bank statements to my home the statement is on my name and my partner name and below my business xxxx company name as well.

Will the above statement with my name and my partner name and company name will be ok if I want to send the fresh application or any other thing?


Could you please help me in the above case.


We have given all the documents list same as like as you from scratch.

Documents Submitted:

• Original Personal Account Statement

• Business Bank statements(printed at bank on its official stationary)

• Original Master Degree Certificate

• Curriculum Vitae

• Original HMRC letter

• Original Companies House Directors Appointment Report and Company Registration Certificate


• Original Letter from Accountant & Company Accounts & Director’s Loan Agreement


• Business Contracts

• Certificate of Membership and Registration with trade body

• Business Plan including market research & competition

• Printout of Business Website Pages

• Marketing material ( Gumtree)



Note:

We have personal joint account in some other bank as well.(should we have to transfer the funds to this personal joint account from my business account).


Please help me

Many thanks
Transfer money in business account means tht u have made investment in a business. keep in mind business Account is ur company account not ur personal account....... thats why ur application is refused.
Now best option for you to keep the money in ur business account. Now u need two letters from accountant

. Original Letter from Accountant (It will show Confirmation of investment and transfer of funds in business account) & Company Accounts letter by Accountant ( Profit and loss Account and Balance Sheet)

. Investment is in the form of Director's Loan then will provide Director's loan Agreement (by each member).

Regards,


@ rahil74098, did you go through the list of documents KumarTier1 posted in his question? Because the documents you suggested he get are all part of what he listed in his question and this just shows how ridiculous the caseworkers are.

The caseworkers have just got the immigration rule in regard to business account wrongly interpreted and continue to refuse people application base on their mis-interpretation.

Best option is redress in at the tribunal or high court or submitting a reconsideration request if they are ready to listen.
The key to success is knowledge and hardwork, and to have faith.

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

Re: Need Help please ...Got Refusal today...

Post by entrepreneur123 » Wed Oct 02, 2013 6:28 pm

..

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

Post by RizKCB » Wed Oct 02, 2013 10:33 pm

@KumarTier1
I wonder if you submitted original letter from accountant, company accounts & director’s loan agreement after investment and even then got refusal. Did you filled appropriate sections in application form about funds investment?

@Olasunkanmi

1) What you referred immigration rules in paragraph 245DB; Please correct it as 245DD at: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Because I believe KumarTier1 applied for leave to remain.

2) Now under these rules, next to ‘Requirements:’ Part (b) says:
(b) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.

After scoring these points; the viability and credibility factors for initial applicants (Assessment) are checked.

Further down point (I) states:
(l) The Secretary of State may decide not to carry out the assessment in (h) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

3) To follow Appendix A go to
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
In paragraph 41 SD (c)(ii)(4) , it is stated
(4) the account must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party;

4) The point 100 of guidance policy you referred, please correct it to point 98 and 99. It still states:
“ The account must be in your own name only (or both names for an entrepreneurial team) only. Accounts in the name of a business or third party will not be accepted;” I believe KumarTier1 has applied from PSW category.
Link for guidance policy is:
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

KumarTier1
Newly Registered
Posts: 9
Joined: Wed Oct 02, 2013 3:25 pm

thank you for your post

Post by KumarTier1 » Thu Oct 03, 2013 12:10 am

@Olasunkanmi

the section you mentioned of points 98,99,100. it comes under

Evidence of the amount of money available to invest : from point 95-102

If you can see properly there from just above of Heading of point 95. you can see that one(Evidence of amount of money available to invest)

But It's not my case .....(Evidence of the amount of money available to invest :)

As I have already invested the funds.....I have to show

Evidence to show how much has been invested:

from points 103,104.

I submitted directors loan agreement, un audited accounts,accountant certificate.,,etc.,

I think ....Caseworker is not confused in the above case as he/she moves in the same path(as many applications comes with money available to Invest) and made me confused finally with decision.

I don't want to go judicial review may be it takes ages, as I heard from solicitor...better to move with fresh application and hoping for the best case worker who can Understood the rules of immigration..

Let me know if the above case is perfect ?

Many thanks once again...

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Post by Olasunkanmi » Thu Oct 03, 2013 7:32 pm

RizKCB wrote:@KumarTier1
I wonder if you submitted original letter from accountant, company accounts & director’s loan agreement after investment and even then got refusal. Did you filled appropriate sections in application form about funds investment?

@Olasunkanmi

1) What you referred immigration rules in paragraph 245DB; Please correct it as 245DD at: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
Because I believe KumarTier1 applied for leave to remain.

2) Now under these rules, next to ‘Requirements:’ Part (b) says:
(b) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.

After scoring these points; the viability and credibility factors for initial applicants (Assessment) are checked.

Further down point (I) states:
(l) The Secretary of State may decide not to carry out the assessment in (h) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

3) To follow Appendix A go to
http://www.ukba.homeoffice.gov.uk/polic ... appendixa/
In paragraph 41 SD (c)(ii)(4) , it is stated
(4) the account must be in the applicant's own name only (or both names for an entrepreneurial team), not in the name of a business or third party;

4) The point 100 of guidance policy you referred, please correct it to point 98 and 99. It still states:
“ The account must be in your own name only (or both names for an entrepreneurial team) only. Accounts in the name of a business or third party will not be accepted;” I believe KumarTier1 has applied from PSW category.
Link for guidance policy is:
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf

@ RizKCB, the sections that I quoted in immigration rule and policy guidance is not for evidence of ''Invested funds'', rather its evidence that business account are accepted under the immigration rule for applicants to show ''Available funds''.

If you read my message clearly, you will see that i wasn't making reference to invested funds, but to just show kumarTier1 that business account are stated in immigration rule and policy guidance.

The new changes of Oct 2013, were made to clarify that money in business account can be shown as available funds and not necessarily is it to be classed as invested funds.

Mind you, money in a business account doesn't mean that the money is already invested in the business but rather that the fund is simply in the business account waiting to be invested in the business.

Home office have made lot of mistakes in the interpretation of the immigration rules and they are now clarifying their mistakes, only time will tell as the cases are still in the early stages.
The key to success is knowledge and hardwork, and to have faith.

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

Post by RizKCB » Thu Oct 03, 2013 9:51 pm

:roll: :roll: :roll:

I also referred the available funds.

1) I hardly find business account to show available funds anywhere in the references you quoted. Can you please refer the paragraph if possible?

2) The guidance policy is published and available at:
http://www.ukba.homeoffice.gov.uk/sitec ... dance1.pdf
Can you please provide the paragraph number which confirms the claim that money in business account can be shown as available funds and not necessarily is it to be classed as invested funds.

3) "money in a business account doesn't mean that the money is already invested in the business but rather that the fund is simply in the business account waiting to be invested in the business." Is it a statement from any qualified accountant?

Amber
Moderator
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Sun Nov 03, 2013 6:07 pm

KumarTier1 wrote:Hi there,

Can any one tell what do you mean by


Printout of a Companies House document showing the address of the registered office, or head office if it has no registered office, and your name, as it appears on the application form, as a director?.


what does the above printout indicates? I already have CAR and COI. what does the above printout exactly indicates?
How to order it?

Please let me know if any body help..

Thank you...
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

User avatar
bond.boy203
Member
Posts: 216
Joined: Mon Feb 06, 2012 9:03 am

Post by bond.boy203 » Wed Nov 06, 2013 11:47 am

D4109125 wrote:
KumarTier1 wrote:Hi there,

Can any one tell what do you mean by


Printout of a Companies House document showing the address of the registered office, or head office if it has no registered office, and your name, as it appears on the application form, as a director?.


what does the above printout indicates? I already have CAR and COI. what does the above printout exactly indicates?
How to order it?

Please let me know if any body help..

Thank you...
This is only guess though, perhaps they are referring to your Annual return with the company house..

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