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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello In september 2012, I applied for Tier 1 Entrepreneur

Resolved Question:

Hello In september 2012, I applied for Tier 1 Entrepreneur visa (switching from PSW route - PSW visa now expired on February 2013). Whilst the process of visa was going through and still waiting for decision, I had to voluntarily liquidate one of the companies (we are a group of three sister-concerned companies) because of potential problems and delays in receiving visa status. We now received application refusal letter stating that we do not fall under £50k route as the job role does not fit 'NVQ levels' We wish to apply through a different route now. Does the liquidation affect our 'tier 1 entrepreneur' applications in anyway? Would this be counted in taking decision for any future applications in a different route (say £200k route)? We are family of 4 members (me, partner and two little ones) and it is important my dependents (family members) apply with me on dependent visa. Thanks
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

When applying for your tier 1 entrepreneur visa in Septembher 2012 did you rely on the company which you liquidated to prove your eligibility?

Tom
Customer: replied 1 year ago.

Hi Tom


 


Yes, we applied showing two companies and one among which was liquidated. The visa refusal letter says that ours was refused because we do not fall under 50k route and since we did not show the £200k availability.


 


We wish to do a fresh application under the £200k route within 28 days. Would the past liquidation affect our new application decision making?


 


Thanks

Expert:  Thomas replied 1 year ago.
Hi,

In the new application are you seeking to relying on the fact that you have invested some portion of the £200k in to the company which has now been liquidated?

Or, are you relying on 200k invested in to other companies which are still in existence and trading?

Tom
Customer: replied 1 year ago.

Dear XXXXX


 


In the new application, we are showing £200k in cash form in a UK bank. We are not showing any of the investments previously made.


 


Regards

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you are not relying on the previously liquidated company in any respect to prove your eligibility for the new application then I think that you will still be fine.

Obviously, it would be a problem if you were relying on investment in the previous company in order to prove that you have invested money in UK business because that company has ceased trading, if this is not the case then I cannot see it causing too much of a problem.

The one slight concern would be if you relied on the company when you made your original application and then liquidated during the course of the determination of the original application. The UKBA could (could) take the view that you should have informed them of this change in circumstances during the period in which they were considering the application.

However, if you are not relying on the company at all in your new application then more likely than not they will not raise it as an issue.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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