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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6309
Experience:  BA (Hons), PgDip, Practising Solicitor
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HelloI am applying for Tier I entrepreneur visa under the

Resolved Question:

Hello

I am applying for Tier I entrepreneur visa under the £200k route.

As I hold the funds in overseas account (Citibank, India), I was been told to obtain a letter from the bank (as per policy guidance of tier 1 Entrepreneur visa).

I managed to obtain a letter from the citibank, India confirming the balance of £200k and that they can do a transfer to UK as per my request. However, there is a problem. The letter does not specify anywhere that it is regulated by RBI (Reserve Bank of India).

They did confirm orally that the bank is regulated by RBI.However, they did not specify this in the letter. However, they specified that the funds can be transferred to uk as per RESERVE BANK OF INDIA guidelines. Would that be sufficient? As I am running out of time for applying, I literally do not have time to obtain any further letters from the bank. What do I do?

Please advise if the letter above and a latest bank statement from that bank would be sufficient for the application?

Please suggest!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy

Customer: replied 1 year ago.
Dear Wendy

I would be happy to wait!

Regards
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The good news is that the bank you refer to is not listed on the appendix P banks which do not meet the requirement:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixp/appendixpb/

As you have corrected stated the letter provided by them must also confirm they are regulated by the appropriate body:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/documents/access-to-funds/
See first bullet point on the second set of bullet points on the above link.

This would provide the UKBA with a legitimate reason to refuse your visa. Frankly, I would wait until you are able to get the letter before applying. If you apply without it then the overwhelming likelihood is that the UKBA will reject the application and retain the fee.

Your chance on appeal would also not be great because you can only produce evidence on appeal that is actually in existence at the time you made your application. Your letter would presumably only come after you have submitted the application and therefore you would not be able to have it admitted on appeal.

The only potentially advantage in submitting the application now would be if you were able to get the letter before they determined the application and then send this to the UKBA to marry up with your application. They are under no obligation to do this but you may find they do. However, if you chose this option then you would be doing so knowing that there is still a high chance the application would be rejected.

I am sorry that I could not have better news for you. I hope you are able to see that I must be honest with you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello

Thank you for the reply.

I contacted CITIBANK and they supplied with a link directing to their website> citibank account terms and conditions pdf copy

Point 5.5.5 in the terms & conditions clearly specifies that the citibank (India) is regulated by Reserve Bank of India.

Can we enclose these terms & conditions copy and specify in the cover letter the link from which the details are obtained?

Please advise.

Regards
Customer: replied 1 year ago.
Hello

Thank you for the reply.

I contacted CITIBANK and they supplied with a link directing to their website> citibank account terms and conditions pdf copy

Point 5.5.5 in the terms & conditions clearly specifies that the citibank (India) is regulated by Reserve Bank of India.

Can we enclose these terms & conditions copy and specify in the cover letter the link from which the details are obtained?

Please advise.

Regards
Expert:  Thomas replied 1 year ago.
Hi,

You can, but there is still an element of risk there because the guidance says that it should be confirmed in a letter.

Tom
Customer: replied 1 year ago.
Dear XXXXX

Understandable situation.

The only problem is bank does not want to specify the regulation information in the letter.

Hope the application is approved.

Thank you.
Expert:  Thomas replied 1 year ago.
No problem. Good luck.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

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