Application Refused! Administrative Review? Need Help please

[steptome]

My second post here, thanks for everyone who helped with my last inquire , you guys were so nice and helpful, I was touched because I did post my question elsewhere, only you here replied me, but…unfortunately… I still got refused %>_<%

My reasons for the refusal,

• On several occasions you were unable to provide a satisfactory answer to the interviewing officer. For example, during the interview you were asked several questions concerning the property you intend to rent in the UK to sell your desserts. You claim that there are two possible properties in Brighton. However, you were unable to name the estate agency, the person you have been communicating with that the agency or the addresses of the two properties. You could not provide any of the above information which is key to most people starting a business. (Yes, I have looked at some potential properties, but since I don’t even know whether my application will be approved or not, and the properties can be sold in any minutes, they won’t be in the market waiting for me forever, what is the point of memorized other people’s properties details? I told them I would love to do business in that area, but I will need to confirm properties only once my VISA application is succeed. Besides, I was a bit of nervous when sitting in the interview, I do have the name of the estate agencies, but I only remember one and forgot another. Finally I prove myself an idiot, I should have lied to them, just give anything that I could remember!!!!)

• On a number of occasions you could not provide an answer at all. For example, you were unable to provide an estimate for the approximate turnover on a single day or for the first 6 months of your business. Your business plan only provides the projected turnover for 1 year. If you had written your business plan yourself then I would expect you to have started from the expected turnover for a day and then calculating the turnover for a year. Furthermore, you intend to sell donuts as one of your desserts however you were unable to state how many you intend to sell a day. As a business woman I would expect you to at least have an estimate. This casts doubt on the veracity of your application. ( I wrote the rest of the Business Plan myself only the financial analyse was done by an accountant, but I did try to confirm and remember every figure. When they asked about the everyday turnover, I was a bit shock, I have the number for the whole year, so I calculated to them immediately in the interview, but they still think I didn’t prepared it well….and for the donuts, oh my gosh, it is just one of the many items that I intend to sell in the shops, I could give them the total number of desserts that I estimate to sell as a whole, but a single product???? Do we really need to go into this detail when everything is still not in place yet? Are they just trying to pick a hole in our work?)

Since I was applied outside the country, I don’t have the right to appeal and no chance to give further explanation. The only option left to me is the Administrative Review, so I hope you here can give me a bit of insight into this.

1. On my case, how big is the chance of getting through the administrative review? Which one is better for me? Review or make a fresh application now? (What I am worrying is, they can fault-finding even I make a new application with a better Business Plan, for example, they can still refuse me by having me inexperienced in the business etc. But I don’t think my stand point is strong for the review as well, I did actually didn’t do well in the interview…)

2. How long does the administrative review takes?

3. Can I make a new application while I am waiting for the administrative review? Can these two happen at the same time?

4. I went back before my current VISA is expired, if I’ve got refused in my Administrative Review, then make a new application and if lucky enough got approved, come back to the country with this new entry-clearance in 6 months, is this still consider as a Gap if I would like to apply 10 yrs settlement in the future?

5. I have learned there is a thing called the Judicial Review from this forum. Can I apply for a Judicial Review? What is normally the procedure? Do I need a lawyer for that?

6. I have never used a lawyer before, I am thinking to use one now, but local lawyers in my city won’t be helpful since they know nothing about this category and nothing about the UK law. Will it be troublesome if I use a lawyer from the UK and communicate with him just via mails and calls?

7. Can anyone maybe suggest any lawyers to me?



Million thanks again~!! Love you all~

[Lucapooka]

Truthfully, I would apply again with a better and more convincing idea. The mindset of the second ECO who conducts the AR will be the same. Here's why:

You are going from having held PSW to running a donut shop (is that correct?); the exact nature and planning of which you appear quite vague about. In line with your own revelation in item 4 above, it seems the ECO has already suspected that your true intention may be to loiter in a less-than-serious business venture while you wait for settlement under long residence. The UKBA are completely unconvinced about your business intentions and have endeavoured to put hurdles in front of your intended path. But that's the policy now! Do you actually want to travel half way around the world to head this business (because Brighton needs another donut shop?) or will it just be a ruse to wait out settlement?

[Tire1Questions]

Why country did you apply from?