Tier 1 Enterpreneur point based leave to remain Refused

Sogar,

The best option for now is to apply AR and you will have to point the statements out from which statements and state that they failed to calculate from the other statements. I don't see why you are at the wrong if those investments are from your personal accounts and can be identified.

If you think that they have calculate the hours wrongly. It must be documents to support this, but i can see that you did not submit your FPS which it was also my case. I did not include the documents showing the start dates of employments and they also rejected my AR even though i provided other documents which can also be seen as other documents under their rule.

It seems that they will not back down to see their mistakes and be corrected by people who apply for the extension. It's a classic example done by the HO.

I can also see from the refusal that it's poorly written and i am not sure whether this is the exact refusal, but it is really poor writing to the decision.

To answer your question about the documents. I did not get all the documents and need to request from whichever it's from. The companies house, Statements, and some of documents. I also felt very frustrated as it is really so limited time to prepare it.

My suggestion to you is that you prepare those documents as it is likely that you will need to submit a fresh application after your AR is decided.

Thank you

Hi

Best idea we can give is, consult with an immigration advisor/solicitor asap, they know full all about your queries and hopefully pull you through this.

Good Luck.

s sogar wrote:Hello,

Unfortunately my Leave to remain has been refused. I have been given an administrative review.from which i have no hope at all
As my solicitor have messed up my case. My case was very straighy for ward n geniunene. But our presentation was none. Plus my accountant didnt provide my RTI or FPS submission. On which the home office refused to. Onsider my employees worked.

2 allegations:-
As i have claimed 40 hours and home office is considering only 30 hours. Even though my employees have over worked. Dont know why they r not considering it.
My hours and time period for 2 full tim employees for 12 months is all complete.

And secondly they could find my investment of 280,000 but only 88,000 coroboration according to them was found.

I am planning to give a fresh application.
I have few questions:-
1) will they return all my docuements that i submitted in my first application? After admin review is refused? If they dont? How can i ask for it. As i havent made any copies of anything

2) Can i appeal in court? What kind of court is? What r different steps in which i can go in court?How much will it cost me? How much time will be taken?

3) if i win the case in court(whichever it is) will the Home office compensate me for the money i spent on court n all?

Many thanks

2. Your RTI submission were missing which is a required evidence for job creation. However you cannot simply claim that your employee worked 40 hours per week, this needs to be supported by the salary payments to them. Your total salary payments over 12 months divided by their hourly rate will give you the total number of hours worked in a year. You divide this by 52 and you get hours worked a week. If this is greater than 30 then you should be awarded points for job creation. How much did you pay your employees and what was their hourly rate ?

Hi Zimba88,

I have a query about the above comment you have mentioned.
At present I have employed 2 part times working 18 hrs each per week and 1 full time working 35 hrs per week.
Right now I'm paying them £ x amount per hour and I'm going to increase the hourly rate from this month to
£ x + . So my question is in this case how we need to calculate total no of hrs ?
As we are planning to submit FPS it gonna be reflect in that change of hourly rate - do we need to submit any thing extra for change of hourly rate from particular date/month ?
Please suggest ....

rajrea wrote:

2. Your RTI submission were missing which is a required evidence for job creation. However you cannot simply claim that your employee worked 40 hours per week, this needs to be supported by the salary payments to them. Your total salary payments over 12 months divided by their hourly rate will give you the total number of hours worked in a year. You divide this by 52 and you get hours worked a week. If this is greater than 30 then you should be awarded points for job creation. How much did you pay your employees and what was their hourly rate ?

Hi Zimba88,

I have a query about the above comment you have mentioned.
At present I have employed 2 part times working 18 hrs each per week and 1 full time working 35 hrs per week.
Right now I'm paying them £ x amount per hour and I'm going to increase the hourly rate from this month to
£ x + . So my question is in this case how we need to calculate total no of hrs ?
As we are planning to submit FPS it gonna be reflect in that change of hourly rate - do we need to submit any thing extra for change of hourly rate from particular date/month ?
Please suggest ....

When your hourly rate changes between two periods, your have to treat them as two separate employment periods.
Let's say a part time worker working 18 hours a week for £7 an hour for 30 weeks and then £10 an hour for the next 22 weeks:

Period one (30 weeks): 18 hours a week x £7 per hour x 30 weeks = £3780
Period one (22 weeks): 18 hours a week x £10 per hour x 22 weeks = £3960

Now to claim the hours worked, you need to show evidence (payslips/FPS) that you paid the above gross salaries in each period to that person for the award of the points.

Hello,
Yes my solicitor has advised for fresh application.
While right now we r submitting AR.

But i am still confused, let if AR is refused
And if they dont return my docuements except the passport
Whats the point of submitting new application?
Then again they will say these ...these..docuements are missing.
As some ppl on this post have told they dont return or just return selective docuements.

Then how i can apply for new application without my original docuemwnts?

samaygrg wrote:Hi

Best idea we can give is, consult with an immigration advisor/solicitor asap, they know full all about your queries and hopefully pull you through this.

Good Luck.

s sogar wrote:Hello,

Unfortunately my Leave to remain has been refused. I have been given an administrative review.from which i have no hope at all
As my solicitor have messed up my case. My case was very straighy for ward n geniunene. But our presentation was none. Plus my accountant didnt provide my RTI or FPS submission. On which the home office refused to. Onsider my employees worked.

2 allegations:-
As i have claimed 40 hours and home office is considering only 30 hours. Even though my employees have over worked. Dont know why they r not considering it.
My hours and time period for 2 full tim employees for 12 months is all complete.

And secondly they could find my investment of 280,000 but only 88,000 coroboration according to them was found.

I am planning to give a fresh application.
I have few questions:-
1) will they return all my docuements that i submitted in my first application? After admin review is refused? If they dont? How can i ask for it. As i havent made any copies of anything

2) Can i appeal in court? What kind of court is? What r different steps in which i can go in court?How much will it cost me? How much time will be taken?

3) if i win the case in court(whichever it is) will the Home office compensate me for the money i spent on court n all?

Many thanks

Hi zimba

you said
""Let's say a part time worker working 18 hours a week for £7 an hour for 30 weeks and then £10 an hour for the next 22 weeks:

Period one (30 weeks): 18 hours a week x £7 per hour x 30 weeks = £3780
Period one (22 weeks): 18 hours a week x £10 per hour x 22 weeks = £3960

Now to claim the hours worked, you need to show evidence (payslips/FPS) that you paid the above gross salaries in each period to that person for the award of the points"""

So what about contract do we have to change the contracts as well , by the Employee contract is not the requirement but its good to submit, am i right .
and what about if hours change but per hour rate is not change, still we need to consider two different employement?
thanks in advance

Yes my solicitor has advised for fresh application.
While right now we r submitting AR.

But i am still confused, let if AR is refused
And if they dont return my docuements except the passport
Whats the point of submitting new application?
Then again they will say these ...these..docuements are missing.
As some ppl on this post have told they dont return or just return selective docuements.

Then how i can apply for new application without my original docuemwnts?

Hi

I believe your application will be successful as I have a thorough discussion with my accountant.

For the documents on hold, you can provide reference(s) and/or the list of documents Home Office holding; those you can re-produce send them along, Qualification(s) etc; must send a true copy and proper explanation note that these documents are already with Home Office. In my view, Section 3 of AF clearly mentioned either EPR/RTI OR P45/46. Your admin review should give you a clearance in terms of investment if they can find cross transaction from your account to your business account through already submitted evidence.

Thank u so much for ur reply.
Yes we have submitted employee realted all docurments.
Just my stupid accountant didnt provide me any RTI papers..

I am also hoping they clear me in admin review. Hopefully.

Many thanks

Hi s sogar

Sorry to hear about ur condition. Could u pls tell me when did u apply and when u got the result pls.best of luck for future

Shakkarim

Hii
One more thing want to ask u? Did home office refund ur nhs surcharge?

I have applied for admin review. Till now no refund is being done.
Once the AR comes, if its not in my favour ,they will refund me.

I submitted my application on 15 dec, 2015 and received my refusal on 22 jan, 2016

Regards

Wish u all the best. In sha Allah u will get some positive result in future.

Was director loan agreement prepared before the date you made any transfers from personal to business account?

Who was your witness?

Make sure you double-check everything before you submit a fresh application, and don't miss out any documents at all. The Home Office is ridiculously fussy with Tier 1 applications.

And (please don't be offended) get any covering letter etc checked by someone else - your written English isn't good enough, and I've seen Tier 1 applications refused on the basis that the standard of written English doesn't demonstrate a credible business person.