Subject: Administrator
review against refusal of my D-2 Visa application
Visa Application
(Case) Number:
Date of
Visa Application Submission:
Date of
Visa Refusal:
Dear Sir/Madam,
Thanks for your email
and response. I am surprised after your decision that the visas officer stated
the reliability of the source of funds had not been demonstrated. Banking
information on deposits relating to the company's share capital is missing at
registration. Contradictory information about accommodation. Insufficient
information on business activity.
I am writing this
remonstration email against the refusal of the D-2 visa application. I am
saddened that my visa application was refused since"
•
The
reliability of the source of funds had not been demonstrated.
•
Banking
information on deposits relating to the company's share capital is missing at
registration.
•
Contradictory
information about accommodation.
•
Insufficient
information on business activity.
We are thus faced with
facts that suggest the intention to abuse the rights of communitarian citizens
to circumvent immigration legislation." most imported respected consulate
was not forwarded my visa application to the competent authority (SEF) in the last
five months from the day of submission visa request.
I want to go
against the issuer of the refusal (in compliance with article 191, Administrative Process Code (CPA) and requested for
the Administrator review of my visa application as the decision of the
respected Portugal consulate has not considered the fundamental rights, with
Article 8 entrepreneurs for Independent Professional activities and start-ups.
Also, note considers the right to obtain a residence visa for independent professional activities or
immigrant entrepreneurs following Article
60.
•
The
pre-examination objection arose reliability of the source of funds had not been
demonstrated.
Justification with
supporting documents-respected Portugal consulate has not been considered that
I had submitted Income tax returns of more than Ten lacs Nepali rupee and assets details with the amount
of One million Euro also
bank statement of Nepal and Portugal banks Forty thousand Euro. At the time of the decision, the officer did
not consider I had belonged to the business community for 25 years. The
officer conceivably not in-depth conserved about my files where I attached
several business licences and permitted along with certificates as evidence of
sources of funds. Further, the officer did not take the point that I had started a company in Portugal in 2019 and
successfully managed the expenditures, demonstrating the reliability of funds.
More regarding the
reliability of a source of funds, the officer must consider my long history of
the business, which is state forwarded, demonstrating my maturity level of
business experiences and interpretations of funds. I hold a massive amount of
funds in the market in the shape of credit as a running capital. All the above
documents and proof demonstrated the source of funds for my entrepreneurship to
operate in Portugal.
•
Banking information on deposits relating to the company's share capital
is missing at registration.
Justification with
supporting documents-respected Portugal consulate has not been considered that
I had submitted my company contract. I mentioned that capital would be
deposited in the company bank within the first years but deposited in three
months. Additionally, I hired an accountant from the day of starting my company
activity. I signed several services contact with resources and business
premises where capital has been dissolved—also paying the tax, social
contribution with the additional cost of my operation since 2019. Also, the
officer has not considered that the payments paid for the tasks mentioned above
from the capital.
The cost of the start
operation for a new company was always paid from the share of capital, which
was full compliance with all relevant authority as such tax and social records.
At the visa request, I had submitted no debit declarations from the tax and
social, demonstrating that the share capital has been paid on time.
•
Contradictory
information about accommodation.
The decision
officer did not analyse the documents present with the file as proof of accommodation.
•
residence
certificante from Junta da Ferguesia
•
Declaration from house tenant
•
The rent contract was registered with the
Portuguese tax authority.
When I landed in
Portugal for a business trip in 2019, I had no plan to stay longer than three
months which does not make sense to take an apartment on rent for the following
number of years. The reason behind I had stayed at an apartment with one of my
known people in Portugal. Moreover, after the order from the consulate, I rent
an apartment with my name for the next 12 months with registration at the tax
office. The accommodation statement was fully official and reliable, which was
not entertained by the officer, among others.
•
Insufficient
information on business activity.
I don't think visa
officers do not consider the start-up. Now business needs research and passes
to understand the market with the aspects of hiring people to build relations
with the buyers and sellers and with several specific laws to operate the
business. The officer must be considered the covid 19 arrived in December. So
far unable to visit Portugal.
Besides the above, I
demodulated the business plan and idea and my visa application which the
officer also overlooked.
In addition
to this, I had requested for a D-2 visa application should be consider and
treated as per national legislation frame. kindly reconsider this case based on
the additional information provided and kindly respond to the requested by
granting visa to me to visa.
For the notification SEF already has been approved my
manifesto of interest application for biometric which will take place to 05
April 2022.
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