ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

T1 50K extenstion application refused. AR given

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 3:35 pm

Hi,
Today i received the refusal letter of my application. I am not awarded points for 50K investment. All other points are awarded. I applied as self-employed instead of the registering the company at my initial application. Following are the details

Applied on = 17th of June 2016
Biometric given= 8th of August.
Refusal letter printed on= 9th of August.

In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.
My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.
Secondly if AR is rejected then i have 28 days to put a fresh application?
Being self-employed is a tricky situation as rules are not very clear for them. But i did not take a risk to convert it into a company after my initial successful application.
Looking forward to hearing from you guys.

User avatar
zimba
Moderator
Posts: 19946
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: T1 50K extenstion application refused. AR given

Post by zimba » Wed Aug 17, 2016 4:23 pm

In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.
Yes, the unaudited accounts are required even it makes no sense for self-employed people. This is as I always said, the difference between what is acceptable in the world of business vs what is required by the immigration rules. Unfortunately you cannot add documents during AR.
My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.
Now you have 14 days to apply for AR and AR usually should take around 28 days or so.
Secondly if AR is rejected then i have 28 days to put a fresh application?
If your first application was an in-time application (you had valid visa when applied) then you get 28 days after your AR refusal date to apply for a fresh application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
CR001
Moderator
Posts: 86832
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: T1 50K extenstion application refused. AR given

Post by CR001 » Wed Aug 17, 2016 4:28 pm

AR would be pointless as HO does not appeared to have made an error.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 4:40 pm

zimba88 wrote:
In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.
Yes, the unaudited accounts are required even it makes no sense for self-employed people. This is as I always said, the difference between what is acceptable in the world of business vs what is required by the immigration rules. Unfortunately you cannot add documents during AR.
My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.
Now you have 14 days to apply for AR and AR usually should take around 28 days or so.
Secondly if AR is rejected then i have 28 days to put a fresh application?
If your first application was an in-time application (you had valid visa when applied) then you get 28 days after your AR refusal date to apply for a fresh application.

Thank you very much for your reply. I agree with you that home office needs unaudited accounts irrespective of the fact that we have to provide yearly self-assessment report to HMRC instead of un-audited account which basically is the same thing. But HO will not accept yearly self-assessment reports.
Do we not have an option to send them documents in our AR apeal? My solicter said that when you apply for AR; you will have an option and address to post additional documents. I have not filed the AR yet as i am waiting for my accountant to make un-audited accounts for all three years and i will have them in couple of days time. But i don't have high hopes for decision in my favor but its worth a try i guess before i put a fresh application. Let's hope for the best.
Extension application was made in time so there won't be any problem applying after the AR decision.

User avatar
CR001
Moderator
Posts: 86832
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: T1 50K extenstion application refused. AR given

Post by CR001 » Wed Aug 17, 2016 4:44 pm

Administrative Review is NOT the same as appeal. AR is for when HO has made an error etc in refusing an application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: T1 50K extenstion application refused. AR given

Post by Casa » Wed Aug 17, 2016 4:47 pm

As you've already been advised, you are unable to submit additional documents for an AR which were missing the original application. An AR only has a chance of succeeding if the Case Worker made an administrative error in the decision making. This doesn't appear to be the case here.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 5:01 pm

CR001 wrote:Administrative Review is NOT the same as appeal. AR is for when HO has made an error etc in refusing an application.
Thank you for your reply. I read the policy documents few times then but unaudited accounts were required where applicant had a registered company. I did not find this un-audited accounts requirement under the required documents for Self-employed applicants.
If i explain CW that Self-employed applicants don't make un-audited accounts as they are not required by law. Instead, they have to provide all that information in their yearly self-assessment report which i provided for all the required years. All the required information; assets, profits and loss and capital etc are filled in that yearly self-assessment report. Then hopefully he might consider this point. What is your opinion?

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 10:58 pm

Re: T1 50K extenstion application refused. AR given

Post by Ams2013 » Wed Aug 17, 2016 5:05 pm

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

helpingperson
BANNED
Posts: 485
Joined: Sat Aug 25, 2012 11:13 am

Re: T1 50K extenstion application refused. AR given

Post by helpingperson » Wed Aug 17, 2016 5:06 pm

It is unfortunate.

Your accountant mis-advised you and resulted in this situation, you should ask him to put it right now for you.

Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.


You got refusal in short time, less than a month so may be HO are reviewing all applications but clearing those which can be refused easily.

helpingperson
BANNED
Posts: 485
Joined: Sat Aug 25, 2012 11:13 am

Re: T1 50K extenstion application refused. AR given

Post by helpingperson » Wed Aug 17, 2016 5:12 pm

Very strange they refused it after 1 day since you gave bio-metrics!

Biometric given= 8th of August.
Refusal letter printed on= 9th of August.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 5:18 pm

helpingperson wrote:Very strange they refused it after 1 day since you gave bio-metrics!

Biometric given= 8th of August.
Refusal letter printed on= 9th of August.
Sorry Biomatric submitted on 8th of July instead of 8th of August.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 5:22 pm

Ams2013 wrote:Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )
Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

traymond
Newly Registered
Posts: 14
Joined: Sat Apr 02, 2016 12:09 pm

Re: T1 50K extenstion application refused. AR given

Post by traymond » Wed Aug 17, 2016 5:40 pm

yawar wrote:
Ams2013 wrote:Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )
Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.
Just to add a point.
Management account or unaudited account has to be certified by a qualified accountant otherwise the CW will reject. Ref. to Tier 1 (Entrepreneur)of the Points Based System –Policy Guidance page 44 - clause 137.

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 10:58 pm

Re: T1 50K extenstion application refused. AR given

Post by Ams2013 » Wed Aug 17, 2016 5:54 pm

yawar wrote:
Ams2013 wrote:Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )
Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.

Ams2013
Junior Member
Posts: 64
Joined: Thu May 05, 2016 10:58 pm

Re: T1 50K extenstion application refused. AR given

Post by Ams2013 » Wed Aug 17, 2016 6:02 pm

yawar wrote:
Ams2013 wrote:Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )
Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 6:14 pm

[/quote]


Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.[/quote]

Yes that's what i am planning to do. One last thing; I have been given 14 calender days to apply for an AR. Does that means 14 working days or 14 days in total including weekend?

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: T1 50K extenstion application refused. AR given

Post by Casa » Wed Aug 17, 2016 6:19 pm

Calendar days include weekends...not only working days
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

yawar
Junior Member
Posts: 51
Joined: Thu Feb 28, 2013 2:49 pm
Mood:

Re: T1 50K extenstion application refused. AR given

Post by yawar » Wed Aug 17, 2016 7:24 pm

Casa wrote:Calendar days include weekends...not only working days
Thank you for clearing it. Your help and all other member's help is much appreciated.

Mrchaany
Senior Member
Posts: 533
Joined: Sun Jun 23, 2013 10:52 pm
Location: Reading
Contact:

Re: T1 50K extenstion application refused. AR given

Post by Mrchaany » Wed Aug 17, 2016 9:08 pm

Sorry for your refusal,
We tried a lot to inform users about the importance of unaudited account (annual accounts) where applicant name
Must be there along with business statements with director loan.
If you arrange these thing reapply as soon as possible with an
Accountant help
Strong commitment, extreme faith and honesty will recognize your existence.

Locked
cron