Tier 1 Ent ext refused (caseworker error) Applied for AR

sm12 wrote:Is it possible for you to get the funds transferred by your father now?
I'm guessing that you must have got another admin review option because the reason for the decision has changed?
If you want, you can try to go for admin review before you go for a fresh application. You can state that you have your mother in-law's permission in writing and can provide the letter if needed.

The chances of succeeding at AR may be low but worth a try.

No any letter or further transfer of money can't help you in this stage as you must did all of them in initial period.
just you need to know what is legal frame of sole trader, any business account is belong to sole trade business is still personal account. to be clear for example if you have any business debt legally you are responsible to cover it personally even you don't have enough money in business, they take from your personal assets. the legal frame for sole trade is different than company. if you was give the money by DL the HO office need to clear that the money come from you because you are not share holder, you are just director of company therefore they need company bank statement to show you transfer the money in your name. for sole trader is clear that you invest money in your business. if your account shows 50,000 capital amount I think HO made wrong decision. but aware that HO challenge you to proof the money which is came from you mother is not part of your trading (as costumer).

mohsensari wrote:

sm12 wrote:Is it possible for you to get the funds transferred by your father now?
I'm guessing that you must have got another admin review option because the reason for the decision has changed?
If you want, you can try to go for admin review before you go for a fresh application. You can state that you have your mother in-law's permission in writing and can provide the letter if needed.

The chances of succeeding at AR may be low but worth a try.

No any letter or further transfer of money can't help you in this stage as you must did all of them in initial period.
just you need to know what is legal frame of sole trader, any business account is belong to sole trade business is still personal account. to be clear for example if you have any business debt legally you are responsible to cover it personally even you don't have enough money in business, they take from your personal assets. the legal frame for sole trade is different than company. if you was give the money by DL the HO office need to clear that the money come from you because you are not share holder, you are just director of company therefore they need company bank statement to show you transfer the money in your name. for sole trader is clear that you invest money in your business. if your account shows 50,000 capital amount I think HO made wrong decision. but aware that HO challenge you to proof the money which is came from you mother is not part of your trading (as costumer).

I can prove that it was not part of the trading.
Also just to note: Payments we are talking about here form her are very old. even before I applied for the visa. I applied for initial visa in may 2013 and transfers made in march 2013.

was it part of your investment for your initial application?

mohsensari wrote:was it part of your investment for your initial application?

yes

How did you fill the ext application form? you should mention that how much was your investment used for your initial application.
very simple
your investment before initial application and if it was part of successful initial application+ money which invested behalf of you (with your father in law transferred)=50,000 your case is very strong.

mohsensari wrote:How did you fill the ext application form? you should mention that how much was your investment used for your initial application.
very simple
your investment before initial application and if it was part of successful initial application+ money which invested behalf of you (with your father in law transferred)=50,000 your case is very strong.

Those payments were the part of £50,000 investment

Did HO accept the investment at the time of initial application? Did they state at that time that they were accepting the investment that was made before the grant of the initial visa?

If they raised doubts about whether the transfer was an investment or not, then you will need to argue that you do have proof that you can provide to show that it is investment, which is why I was suggesting that you say that you have written permission. In addition to this, the other piece of evidence would be the statements of the bank account from which your mother in-law made the transfer.

I think some time back, there was someone on this forum who met the employment requirement while on section 3C and reapplied, so perhaps this can work with investment. It might help to invest the remaining amount from the third-party you showed in the initial application. Of course, it is a tricky situation, but if you do intend to make a fresh application later, then you need to do all that you can to maximise your chances at this stage by doing the above.

sm12 wrote:Did HO accept the investment at the time of initial application? Did they state at that time that they were accepting the investment that was made before the grant of the initial visa?

If they raised doubts about whether the transfer was an investment or not, then you will need to argue that you do have proof that you can provide to show that it is investment, which is why I was suggesting that you say that you have written permission. In addition to this, the other piece of evidence would be the statements of the bank account from which your mother in-law made the transfer.

I think some time back, there was someone on this forum who met the employment requirement while on section 3C and reapplied, so perhaps this can work with investment. It might help to invest the remaining amount from the third-party you showed in the initial application. Of course, it is a tricky situation, but if you do intend to make a fresh application later, then you need to do all that you can to maximise your chances at this stage by doing the above.

Hi
Yes Home office accepted that amount as a investment at the time of initial application. So how come its not valid now. Can't understand.
It must be a mistake again.

If they previously accepted that it is investment, then you can argue that it is a mistake.
Do you still have the letter in which they accepted the investment at the time of the initial leave? If yes, then you can state in your admin review application that you can provide this letter which shows that the HO accepted this amount as investment at the time of your previous application.

I think your case is strong.

Hi

I have a similar Situation. My 1st Year full Accounts Show that I have I am the director. and in the director Loan notes it says Director has made a certain amount of Loan to the company etc etc.

In my second and third year accounts it says Direct (XXXXXXX) has made a load of £XXXX amount. Would that be allright even though the 1st year accounts only says In section A that Mr. XXXX is the Director and in Section B it says Director has made £XXXX amount of loan but does not mention my name in brackets in front of the word Director but it does say I am the director in the previous section on account notes.

This is only the case with 1st Year Accounts, Second and 3rd Year accounts are all goood. Would it be right if I amend the first year full account notes now and then submit them ?

Regards

Amz wrote:Hi

I have a similar Situation. My 1st Year full Accounts Show that I have I am the director. and in the director Loan notes it says Director has made a certain amount of Loan to the company etc etc.

In my second and third year accounts it says Direct (XXXXXXX) has made a load of £XXXX amount. Would that be allright even though the 1st year accounts only says In section A that Mr. XXXX is the Director and in Section B it says Director has made £XXXX amount of loan but does not mention my name in brackets in front of the word Director but it does say I am the director in the previous section on account notes.

This is only the case with 1st Year Accounts, Second and 3rd Year accounts are all goood. Would it be right if I amend the first year full account notes now and then submit them ?

Regards

This is not a general discussion topic. Please continue your questions in your own topic you already have.

Hi

I have a question to ask while waiting for the admin review application.
I have an employ working for me full time for more than one year. its around 10 monhts since I applied for an extension. Would his employment for 10 months will be countable for ILR employment creation ?
My solicitor said it is. But I just want to double check. Please advice. thanks

wonder17 wrote:Hi

I have a question to ask while waiting for the admin review application.
I have an employ working for me full time for more than one year. its around 10 monhts since I applied for an extension. Would his employment for 10 months will be countable for ILR employment creation ?
My solicitor said it is. But I just want to double check. Please advice. thanks

No. All the time spent waiting for extension will not be counted because the period of leave taken will be from the date that extension is granted.

The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

^^It will not count towards the two years of employment that you need to create in your last grant of leave. Your last grant of leave begins on the day your extension is granted. Therefore, you must create two years of employment from this date.

moongesture wrote:The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

Section 3C technically extends your initial leave, the jobs ALWAYS need to be created during the LAST GRANT OF LEAVE. This means that ONLY jobs created AFTER extension will count towards ILR

Any news on your AR? Did they write you it will take longer than usual?

zimba88 wrote:

moongesture wrote:The Period in which your case was under consideration (except overstaying/ out of time application) will be count toward valid stay i.e. covered under 3C. So Yes, employment period will count.

Section 3C technically extends your initial leave, the jobs ALWAYS need to be created during the LAST GRANT OF LEAVE. This means that ONLY jobs created AFTER extension will count towards ILR

Hello zimba88

please read para 3 of page 59 Tier-1 Ent Policy Guidance version 11/2016 (Settlement section)

'The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....'

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

I answered this above and the answer is NO. Transitional arrangements HAS NOTHING to do with employment created on section 3C
That line in the guide emphasises on the fact that jobs must last 12 months min unless you are covered by transitional arrangements !

The job creation criteria applies ONLY AND ONLY to the LAST grant of leave. That is why you MUST maintain/create two jobs even after extension.

zimba88 wrote:

My question is 'for those who entered the route before April 6, 2014, some hours of employment right before the extention granted will be counted or not

I answered this above and the answer is NO. Transitional arrangements HAS NOTHING to do with employment created on section 3C
That line in the guide emphasises on the fact that jobs must last 12 months min unless you are covered by transitional arrangements !

The job creation criteria applies ONLY AND ONLY to the LAST grant of leave. That is why you MUST maintain/create two jobs even after extension.

Thanks for the prompt reply. I have two more things to ask:

1. what is transitional arrangements?

2. I am no expert on this but still my understanding is 'according to the policy guidance in force before 6th April 2014, the applicant was never required to show jobs while applying for ILR during his extension period, it is only after 6th April 2014, this condition/requirement for creating jobs during extension period was inserted/added. So the statement ''The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....' makes sense for the applicants who entered the route before 6th April 2014 (i.e, who got initial entry before 6/4/14) at least for those solely for Tier 1 Ent (no switching fm any other catagory)

I would appreciate if you please comment on them!

1. what is transitional arrangements?

Read the guide: https://www.gov.uk/government/publicati ... trepreneur

2. I am no expert on this but still my understanding is 'according to the policy guidance in force before 6th April 2014, the applicant was never required to show jobs while applying for ILR during his extension period, it is only after 6th April 2014, this condition/requirement for creating jobs during extension period was inserted/added. So the statement ''The jobs must have existed for at least 12 months during your most recent grant of leave unless you entered the route before the 6th April 2014....' makes sense for the applicants who entered the route before 6th April 2014 (i.e, who got initial entry before 6/4/14) at least for those solely for Tier 1 Ent (no switching fm any other catagory)

You are wrong. The immigration rules ALWAYS maintained a job creation criteria regrading the LAST grant of leave, even before April 2014. This was simply clarified in the guide last year.

In the rules, it was worded slightly differently (e.g from immigration rules archive Oct 2012):

Where the applicant's last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the previous leave was granted.

.... of the period for which the previous leave was granted = the LAST grant of leave

source archive: https://www.gov.uk/government/uploads/s ... 13-dec.pdf