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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2054
Experience:  I am a qualified solicitor and an expert in UK law.
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Tier 1- Graduate Entrepreneur Visa -Refusal.Reasons as

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Tier 1- Graduate Entrepreneur Visa -Refusal. Reasons as below: -------------------------------------------- - After your Last granted leave as a Tier 1 (Post study work), you must show that you are working in an occupation which appears on the list of occupations skilled to national qualifications framework lever 4, as stated in the codes of practise detailed under Appendix J of the Immigration Rules. "Working" in this context means that the core service provided by your business to it customers or clients, involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions fro the business. As evidence of this you have provided a cop of your business advertising, including your website address, a print out of your job description as Managing Director and a business contract. From these documents we are satisfied that the occupation in which you are engaged in business activity is below the required level. The main services which your business provides are printing and engraving. The role of a printer falls at NQF Level 3, and an Engraver falls under Hand Craft occupations not elsewhere classified and a borderline level 3 occupations, Meaning that it is either NQF LEVEL 3 or below. We are therefore been unable to award points for Attributes. ------------------------- My Company Role- Getitengraved.co.uk limited is an engraving and printing services providing company to both Uk Based Businesses and Individuals. We have More than 5 Big corporate clients who use our service on regular basis. And Many more Gifts and personalization industries are outsourcing their job work to us and they are concentrating in put there time and money into sales and marketing rather than productions process. We also open for business in retail through our website and telephone sales. My role - To Manage financials, Marketing, Productions and help train people to start their own small printing and engraving business website as well. -------------- Please advice me what are my chances here to win the appeal and How?

Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months 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.

In respect of the refusal would you state that your core functions are administration, marketing or website functions for the business?
In respect training people regarding a website, would you state that you are a website programmer?


Kind regards
Customer: replied 11 months ago.

No, I have a team of website and graphics designer working for me.


 


My main job in the company will be production/marketing manager.


 

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

You state you are a production manager, in this case your employment should include the following:

• liaises with other managers to plan overall production activity and daily manufacturing activity, sets quality standards and estimates timescales and costs;
• manages production to ensure that orders are completed to an agreed date and conform to customer and other requirements;
• monitors production and production costs and undertakes or arranges for the preparation of reports and records;
• oversees supervision of the production line and its staff, ensures targets are met.

You would have needed to state that you are working as a Production Manager and provided evidence of you undertaking the above stated tasks. As a production manager you would be working at NQF level 6. If you had stated that you were working as a production manager in your application form then the decision to refuse your application was incorrect.

In regards XXXXX XXXXX appeal. If you had provided evidence of you undertaking the above tasks with your original application , then you should not have a problem at appeal stating that the home office have made an incorrect decision by stating that you undertake just administrator tasks and you should have been viewed as a production manager.

If however, no evidence of you being a production manager was provided then the home office can be seen as making the correct decision as no evidence indicated you being a production manager.

What you have to bare in mind at the appeal date is that you are unable to submit any fresh evidence which was not submitted during your initial application, you can however submit evidence to clarify a document which you may have submitted during the application stage.

In this regard if you have submitted evidence from which it can be deduced that you are working as a product manager and the immigration officer gave you an incorrect job title then yes you would have a good chance at appeal.

If however no evidence was submitted that you undertake the task list above then it would be more difficult for you to obtain a positive decision at appeal.

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. 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


Customer: replied 11 months ago.

Hello,


 


Please find attached My CV, Job Description and Business plan which I have submitted with my initial application.


 


I have other documents I can share as well, But I am not sure that will these documents will be shared with other on this website publically or not? Please advice. Or provide me any personal email address where I can sent you all the supporting documents.


 


For now,


Please find documents


1- https://www.dropbox.com/s/ivfd025irf9sw2v/Job-Description-Final.docx


 


2- https://www.dropbox.com/s/8vaup0huqvius0v/Getitengraved.co.uk%20Business%20Plan.pdf


 


3- https://www.dropbox.com/s/vq5zvtgz9a6l3z8/Shyamsundar%20final%20cv.pdf

Customer: replied 11 months ago.

also,


 


I dont think UKBA questioned my title in company.


 


UKBA have Questioned the company role in whole. UKBA saying company in whole is working on a platform which does not have much involvement into Management or any kind of administration or Web based knowledge.


They Consider my company as a hand craft manufacturing company which is not true. Company like Get It Engraved will have team of Engineers, Designers, Expert Sales team and also expert engravers with more than 30 years of experience. My role is to create a facility where this all can be under one roof and can make most out of this potential resources. Machines we using cost 20,000 each. I have workshop with worth equipments work more than 60,000 already and I have more investments plans of 30,000 this year. Its a modern-tech company..not a hand craft home base business.

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

Regardless of what you CV and your business plan states its your job role which is in question here. The home office agree with your business plan and they do not question your CV. I am unable to download documents from the site you have mentioned and due to the regulation of this website I am unable to provide you any personal details and customer contact outside of this website is prohibited.

What you need to bare in mind in that when you state you are a production manager you should have provided evidence of you undertaken tasks of a production manager. The documents you submitted should have backed your claim of being a production manager.

As evidence of this you had provided a copy of your business advertising, website address, a print out of your job description as Managing Director and a business contract, these would not be sufficient to state that you were working as a production manager. It would seem like from the documents submitted that the view taken by the home office was correct as the evidence submitted confirms their findings.

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. 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
Customer: replied 11 months ago.

I am sorry,


 


I am still confused. You are repeating what they mentioned in refusal letter.


 


When I read the refusal letter, to me it seem like- they don not doubt my position as a director in the company which is NQF6 or above, but the services provided by the company categories below Level 3.


 


You have diverted my mind to think about my position now. I should seek a professional advice somewhere else.


 


Sorry, but advice confused me even more.

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

I think what you should do is ask the tribunal do take what you have stated above in to consideration. But as I mentioned before what you need to be clear about is your job title and your day to day tasks which you undertake as it is this which will determine whether you meet the requirements of the rules.

Regardless of you a company having stock worth thousands, it is untimely the job role of the applicant that the home office will take into account.

Although I understand that the home office may have not taken into account the investment connected with your company, what you need to do is clarify any misconception that the home office may have had at appeal and then state why you feel that this has effect the decision which was made. What you must also bare in mind is that untimely even if you clarify the misconception regarding your company as a whole, it may all come down to your job role and the home office can effectively refuse you application because they believe you are preforming a role which is below the required NQF level.

I hope this clarifies the matter,

Kind regards
Expert:  UK_Lawyer replied 11 months ago.
Just to clarify,

For instance you could be selling cloths on a website and still qualify for a Tier 1 visa simply because you job role is one which is above the required NQF level. Ie a fashion designer . If you read what you have stated in the the question it states that they do not believe that your job role is one which meets the requirements:

"You must show that you are working in an occupation which appears on the list of occupations skilled to national qualifications framework lever 4, as stated in the codes of practise detailed under Appendix J of the Immigration Rules"

The home office of course need to confirm that the company is legitimate but you must also show that your job role in the company is one which meets the required NQF level.

I hope this clarifies the matter.

Kind regards
Customer: replied 11 months ago.

Thank your for your quick reply.


 


If possible can you please go through my supported documents and tell me what are my chances to win an appeal.


 


How do I transfer my documents to you?


 


Please Help...

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

I can only give advice based on what you have stated on here. If you would like someone to go through your documents and then advice you accordingly I would suggest that you consult a solicitor who is able to sit with you and explain the refusal letter and then state in a consultation what your chances of appeal are.

As stated from what you have informed me, i believe that it is not your company but your role within the company which the home office is disputing they are stating that the work you are undertaking is purely administrative and at NQF level 3. What you need to show is that your work is a lot more than this and need to provide evidence to back up your claim.

I would suggest that you arrange an appointment with a solicitor to go through your documents and explain what steps you need to take next. This would be something which will give you a better idea for why your application was refused as i believe you may have been confused as why your application was refused.

Please use the following link to find the closest immigration solicitor :

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

You should obtain an appointment as soon as possible. We as professionals are unable contact customers outside of this website.

I do hope the advice given has given you some indication of why your application was refused.

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. 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
Customer: replied 11 months ago.

Hello,


 


Can you explain me my ground of appeal?


 


My question was, what are my chances to win this appeal and how?


 


 

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

If you read my previous answers I have already stated exactly on which point you can appeal on and what you would state to the judge in your situation.

The issue in respect of the home office stating that your job role is not one which is above NQF level 3 means that you need to provide evidence to the judge that you are indeed undertaking tasks which mean that your job role is above or at least NQF level 6 . They state in their refusal letter:

"The role of a printer falls at NQF Level 3, and an Engraver falls under Hand Craft occupations not elsewhere classified and a borderline level 3 occupations, Meaning that it is either NQF LEVEL 3 or below"

As you will note there are considered with your occupation and it is this which you need to counter by providing the judge with evidence that your job role is one which involves tasks of a production manager .

As I already mentioned that only evidence which was submitted at the time of the application will be taken into account any additional evidence which you submit would should not be accepted, in your case it seems you have not provided any evidence to the home office to confirm or clarify that your job role is above NQF level 3. This is what makes your appeal difficult.

I have therefore stated that you need to persuade the judge that they should take into account additional evidence of your job role at the Hearing. You can appeal the decision but it is a very difficult position to be in and I would strongly suggest that you instruct a barrister to accompany you to Hearing and submit your case on your behalf.

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. 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
UK_Lawyer, Solicitor
Satisfied Customers: 2054
Experience: I am a qualified solicitor and an expert in UK law.
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