Mitzyboy

Hopefully someone can help - I have put it in the SA forum as well, just in case.

I have a good friend whos mother left SA a couple of years ago, based on the fact that she was going to start her own business in the UK. Her family all live here. She sold everything she had in SA to plough into the business, which now employs 8 people (its a high class hairdresssers). She has nothing left in SA. Her family are all here (one daughter has been for 15 years), and one of the employees is her other daughter.

A solicitor was employed to do all the documentation and go though the procedures to do things correctly, as it was said that acceptance was pretty certain.

A year or so on, the application has been rejected due to the solicitor "filling in the wrong boxes", and although an appeal is now being lodged, she faces the possibility of being sent back to SA with no money, no family ... nothing, even though she is guaranteed never to be a drain on the UK benefits system, and does employ 7 UK people in the business.

She is 68 years old, and has openly said that she would rather kill herself than go back to South Africa.

So although she has a new solicitor dealing with the appeal, I was asked to see if anyone here has had a similar experience, or has any advice as to what other route she might be able to take to be able to stay here

It seems a simple choice. Self sufficiency and secured employment and income in the UK, or going back to SA with nothing!

Would appreciate your comments

formula

Which visa did she enter the UK on, to run a business?

Mitzyboy

I'll ask, specifically. I do know starting the business was part of the "deal"

formula

The only one for entering the UK on a visa for starting a business as part of a "deal" over the last couple of years, is the Tier 1 (Entrepreneur) visa. Although I didn't think a hairdressers/barbers would be allowed under that visa?

SanDiegogirl

"A year or so on" ? Sounds as though the lady did not enter the UK with a visa allowing her to live in the UK.

If she entered the UK on a visitor visa with the intention of remaining and then tried to apply for a resident visa while in the country, she would be, quite rightly, denied.

Unless she put lots of money into a hairdressing business, it would not qualify for a Tier 1 visa.

More info required such as her nationality, where born etc etc

Mitzyboy

Sorry, I should have got the nitty gritty before posting. OK, I have some answers :-). It was a 3 year Entrepreneur visa, and it was originally granted but in that 3 years they had to prove a number of things, i.e. they had to make a profit and they had to employ staff etc etc

Where is has gone wrong is that the original solicitors set it up with a holding company for some reason. They said that was the way to do it, but because of that it looks like the base company hasnt made a profit and the govt wont accept the holding company profit as theirs! Hence the new solicitor trying to put everything right, and make the appeal. I believe his second job will be to sue the other solicitors.

She put everything she had into the business, i.e. proceeds from house sale, any investments she had, savings etc etc.

She is South African, born in South Africa and lived here whole life there. Her family live in the UK.

rebeccajo

This case sounds beyond the scope of the good posters of this board. I think your friend's mother is wise to stick with the advice of the second solicitor. Most of what would be said to you here, probably wouldn't be accurate.

BritInParis

Without knowing what exactly was done with the first application it's difficult to offer any meaningful advice especially since the appeal process is already underway. At this point I suspect you will just have to hope that the second immigration solicitor knows what he or she is doing.

Mitzyboy

Thats true, thank you
However I wasnt actually asking for any detail on the part that has gone horribly wrong as I realise its getting into a complicated legal mess. Having said that, comment is welcome as it might raise new points

I was actually asking if anyone knew of any alternatives of applying for a different visa if this appeal fails .... although to be honest I'm guessing that maybe losing an appeal on one visa route and then trying another might not go down to well?

I would have thought a 68 year old woman with all her family in the UK, secure income and employment, and no links or ties anywhere else in the world would be able to find some way of being allowed to stay here.

BritInParis

On what basis is the rest of her family in the UK? Is she married? If so, what is the nationality of her spouse?

Mitzyboy

She is widdowed, once married to a SA citizen

Her one daughter is a britich citizen married to a British man I believe, came over here a long long time ago (between 15 - 20 years) when I guess restrictions werent so tight. Fully employed and also with own business. The other I believe is a partner in the business in London and will also be effected by the outcome of the appeal.

michali

it is so difficult! I have a friend, Jamaican, 72, widowed, lots of ties to the UK with history of having lived and worked here for years in the sixties. Her children have lived here for many years, she is a UK pensioner and has a flat here and enough funds that she would never be a burden on the state. The only visa she could apply under was the Adult Dependant visa which is the only one that applies to people in her situation. It was, of course, denied. Seems so unfair! I do hope your friend finds a way and her solicitor can sort out the situation to her advantage.

Mitzyboy

So sad

So .... does anyone have any experience of having one visa denied, as in the case with my friends mother, and then being allowed to apply for a different one? It may seem a stupid question, but I'm just trying to guage if its worth them even considering this should the appeal fail

michali

It may well not be granted but always worth trying if the money is available to apply for a visa. The problem is, which visa should she apply for? Other than the Entrepreneur Visa your friend is on, there are few others available. I am not knowledgeable about the Tier visas at all, I am afraid.

scrubbedexpat099

Presumably if she is not able to stay in the UK then she would be selling up so she would have assets to go home with.

She has a Lawyer, if she feels uncomfortable with their competency then she can see further opinions.

As a general comment third hand information always has issues, often there are nuggets that are important but left out.