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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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My Tier 1 visa was refused due to the following reasons: 1) “The

Resolved Question:

My Tier 1 visa was refused due to the following reasons:

1) “The contract you provided detailing the services that your business offers do not include the full landline phone number and any email address of the other parties.”

2) “The only evidence that you have submitted to demonstrate that you are active in that occupation as part of your business, XXX Limited, is a printout of an advertisement on www.business-directory.org.uk for XXX Limited which advertises that business. This advert does not contain your name.”

I've submitted my appeal form and choosed oral hearing. Now I am preparing a witness statement and need some advice on how to write an appropriate witness statement and prepare for the oral hearing.

Anyone could help in this field? Please reply so than I can give more details on my case.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you confirm is this question in respect of a Tier 1 entrepreneur?
What other details would you like to make me aware of?

Kind regards
Customer: replied 1 year ago.


My visa application is Tier 1 psw 50k


 


For refusal reason 1), the contract I submitted to HomeOffice when applying the visa, is the contract between my company XXX and company AAA. The contract did not have third party's email and landline because all contracts in Company AAA is in the same format without any contact details. Because the contract is a legal document in effect before my visa application, I can not make any amendment on it, or it will be a 'false' paper. However, as Home Office requested, I have wrote/attached AAA contact persons' landline, email to the contract now, and plan to use it as one piece of evidence.


 


For refusal reason 2), I have to admit that I neglect that fact that my name should be included in a business advertisement, though this ad shows my mobile phone, my address, my company AAA's name, so it is apparently my ad. However, as Home Office requested, I have revised the ad so that it includes my name, and plan to use the revised ad as one piece of evidence.


 


Other things I have to make it clear is that actually the contract between my company XXX and AAA has changed after my submitted my visa application. Due to the concern over my visa status, AAA insisted to do another contract with me through an agency BBB. So now the contract is between me and BBB, BBB and AAA. Each time AAA pays BBB, then BBB pays me. I am very concerned that this would make the case complicated, so I asked AAA's boss write a statement to explain this situation clearly, it is on AAA's company stationery and signed by AAA's boss. I plan to use it as evidence too.


 


Other evidence I have are:


 


Business bankstatement, which includes BBB's pay-in, pay-out to the accoutant, and other tranctions.


 


Contract between my company XXX and the accountant.


 


Another business contract I have with another client.


 


Another Ad with my name and all my company details.


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your additional information.

Could you confirm if your initial question is still regarding the statement for the oral Hearing?

Kind regards
Customer: replied 1 year ago.


Yes, because I am now preparing a witness statement and choosed oral hearing, I need some professional comment on


 


1) how to structure the witness statement, what should be the key points?


 


2) on what reason should I say the refusal decision is incorrect, I heard about the evidence flexibility policy, could I use it to defend for myself? The case worker did not contact me or request any additional information from me before the refusal decision is made.


 


3) Is my evidence enough? If not, what would you suggest?


 


4) how much possibility is it for the appeal to be allowed? depending on your judgement?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of the statement, I would include information such as the persons full name, address, passport number in respect of identity to begin the statement.

The statement should have all the facts included so this would start from how you and the person in quest met, the contact that was initially agreed and why it was then amended to include a 3rd party.

The person giving the statement would need to clarify who decided to include the agency and for what purpose. They should also include information of any dealings to date and appendix the evidence regarding the dealings behind the statement. Essentially when a particular point is made in the statement ie My company and company XXX have entered into previous dealings numerous occasions , at the end of the sentence you may wish to write (Exhibit A) and then have evidence of the contracts so the judge can see. Basically every point the person mention should be backed up by hard evidence in the form of documentation.

2. In respect of points based application the evidence flexibility policy is probably your best weapon, you can refer to this in you case and inform the immigration judge why and when you felt that the home office failed to discharge its duty under this policy. For example they could have asked you to provide further contracts regarding your company.

3. Regarding your evidence, what you must bare in mind in that the tribunal will not allow you to submit any new evidence as part of you case. Therefore if you have now attached extra elements to your contact ie email address or telephone number or name, these can be disregarded by the immigration judge because the evidence was not present at the time of decision therefore the caseworker was unable to consider the evidence when making a decision.

Regarding your advert again, if this has been amended then you are unable to use this. The decision was made based on your old advert and it is this advert that will be considered by the immigration judge, any new evidence will not be allowed.

The only new evidence you are able to submit to the tribunal is evidence which clarifies a point NOT adds to it. You can try and argue that the additional evidence comes under the banner of clarity rather than new evidence, but this will be up to the judge to consider.

What I would recommend that you state is that you believe that the information include in the contract and advert are sufficient, you may stated that they have enough information which points to you being the one who made the advert and entered into the contract. Information such as email address etc may be enough to identify you and any further information is not needed. This is an argument that the judge will need to decide has any merits or not, but you should certainly look to push through the fact that your original documents submitted meet the requires of the immigration rules and not add new evidence unless completely necessary.

Unfortunately it does sometime depend on how nice a judge is and whether the judge is willing to exercise its discretionary powers.

4. If you can show that you have been trading and have been up and running as a company and can provide evidences of other contracts that you have entered into then , you can point out to the judge that the purpose of the required information under the immigration rules is to ensure that you are a genuine applicant and you believe that the information and documents you have provided are sufficient to confirm that you are someone who is not going to breach the immigration rules, invest the monies, run a legitimate company.

The fact that you have include an agency as an intermediary does complicate the matter, but you will just have to be honest to the judge and explain your reasons for doing so, but at the same time make the judge aware that it was not done to deceive or get around the immigration rules , but was done keeping in mind the best interest of both parties.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so kindly rate my answer positively.

Kind regards
Customer: replied 1 year ago.


thanks


 


if i try to find a solicitor to draft the witness statement for me, how much will it cost?


 


do you know any LLC or any legal professional to recommend?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If a solicitor drafts the statement for you it can cost you between £100.00 - £ 200.00 depending on the experience of the solicitor. Some any even charge you an hourly rate ie £150.00 per hour

In respect of recommending solicitors, we as experts are unable to do so as per the restrictions of this website, you are more than welcome to find a solicitor using the following link:

http://www.lawsociety.org.uk/find-a-solicitor/

I do apologies for not being able to provide you with any further assistance regarding find a solicitor.

I hope this clarifies the matter, if so kindly rate my answer positively so i can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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