Tier 1 Entrepreneur Admin Review - Decision overturned!

Visa applied for - Tier 1 entrepreneur extension (50K)
Visa expiry date - 08 April 2015
Applied on - 16 March 2015
Application rejected on - 09 May 2015
Applied for AR - 20 May 2015
Decision date for AR - 16 May 2015
Decision letter received on - 17 MAy 2015

Reason 1
Applicant is engaged in business activity at the time of application
Points awarded 0

You have stated that you are currently the Director of a UK company. You have provided a Companies House Current Appointments Report for xxxx ltd dated 05 November 2012.

From this evidence, however we are not satisfied that on a date falling within three months prior to the date of your application, you were registered with Companies House as a director of a new or an existing business.

Reason 2
Creation of jobs in the UK
points awarded 0

You have claimed points on the basis that you have created the equivalent of two new full-time paid jobs for people settled in the UK and that these jobs have each existed for at least 12 months.

As evidence of this, you have supplied: Identity documents, accountants letter, wage slips, p11, p45 and p60 documents, companies house filing history and RTI submission logs.

Paragraph 46-SD(h) of Appendix A of the immigration rules lists the specificed that is required to demonstrate the creation of jobs.

The evidence that you have submitted above is not acceptable because the submission logs supplied do not meet the requirement at 46-SD (h) (i) because we require RTI submissions for each employee for each month of employment showing PAYE.

We have therefore been unable to award points for Attirbutes in accordance with Appendix A.

failed to apply the Secretary of State’s relevant published policy and guidance

These details are important because they will help us to review your application. I note that a failure to provide a Companies House Current Appointments Report for xxx Ltd dated within three months of the application is listed as one of the two reasons for refusal of my application. I submitted two Companies House Current Appointments Reports for xxx Ltd in my application - 1) the Companies House Current Appointments Report dated 05 November 2012, AND 2) the Companies House Current Appointments Report dated 14 March 2016. However, the case working team has made an error and has overlooked the Companies House Current Appointments Report for xxx Ltd dated 14 March 2016. I request you to refer to page one of the cover letter submitted in support of my application in which I listed ALL the documents sent and amongst others also included 'Current Appointments Report including the filing history page (14/03/2016)'. I believe that non-consideration of Current Appointments Report dated 14 March 2016 has also resulted in incorrectand improper application of Paragraph 245AA of the Immigration Rules to my application. I kindly request you to review your decision by considering the Companies House Current Appointments Report dated 14 March 2016 for xxx Ltd, which is in possession of the Secretary of State currently.

applied the Immigration Rules incorrectly

These details are important because they will help us to review your application. I note that non acceptance of the RTI Submission logs supplied is listed as the reason for refusal, in addition to a failure to provide a Companies House Current Appointments Report for xxx Ltd dated within three months of the application . Monthly RTI Submission logs that I supplied show correlationID, submission date and time, and confirmation that the full payment submission was successful, which clearly demonstrates that I was reporting PAYE appropriately to HMRC, and I feel that I should have been given an opportunity to provide the missing information in relation to the RTI submissions, in line with Paragraph 245AA(b) of the Immigration Rules. Moreover, the missing information is verifiable from P11 deduction cards of both employees and other evidences such as P32, payment summary part 1 and part 2, and wage slips that I provided in support of my application, and I believe that the case working team should have considered my circumstances in light of the Paragraph 245AA(d)(iii) of the Immigration Rules.

I also request you to consider that the Companies House Current Appointments Report dated 14 March 2016 that I submitted with my application was overlooked by the case working team, and had this not been the case, I feel I would have been provided with an opportunity to submit the missing information in relation to the RTI submissions in line with the Paragraph 245AA of the Immigration Rules. I feel that the common law duty of acting fairly in the decision making process as well as Paragraph 245AA of the Immigration Rules have not been applied correctly, and that I have been treated unfairly by the refusal of my application for further leave to remain.

I respectfully submit that the decision to refuse my application for further leave to remain is erroneous as the Secretary of State has failed to adhere to the provisions of the Immigration Rules as well as her own published policy guidance with respect to the principle of Evidential Flexibility. I kindly request you to review your decision and grant me further leave to remain or provide me with an opportunity to submit missing information in line with the Paragraph 245AA of the Immigration Rules.

raj.m wrote:Hi everyone! I just received my visa approval letter by post.

Visa applied for - Tier 1 entrepreneur extension (50K)
Visa expiry date - 08 April 2015
Applied on - 16 March 2015
Application rejected on - 09 May 2015
Applied for AR - 20 May 2015
Decision date for AR - 16 May 2015
Decision letter received on - 17 MAy 2015

Now the reasons why my application was rejected:

Reason 1
Applicant is engaged in business activity at the time of application
Points awarded 0

You have stated that you are currently the Director of a UK company. You have provided a Companies House Current Appointments Report for xxxx ltd dated 05 November 2012.

From this evidence, however we are not satisfied that on a date falling within three months prior to the date of your application, you were registered with Companies House as a director of a new or an existing business.

Reason 2
Creation of jobs in the UK
points awarded 0

You have claimed points on the basis that you have created the equivalent of two new full-time paid jobs for people settled in the UK and that these jobs have each existed for at least 12 months.

As evidence of this, you have supplied: Identity documents, accountants letter, wage slips, p11, p45 and p60 documents, companies house filing history and RTI submission logs.

Paragraph 46-SD(h) of Appendix A of the immigration rules lists the specificed that is required to demonstrate the creation of jobs.

The evidence that you have submitted above is not acceptable because the submission logs supplied do not meet the requirement at 46-SD (h) (i) because we require RTI submissions for each employee for each month of employment showing PAYE.

We have therefore been unable to award points for Attirbutes in accordance with Appendix A.

Now what happened actually was I sent them CAR from 2012 as well as 2015 but they completely overlooked the 2015 one. So they were wrong there for sure.

About FPS, I was under the impression that FPS receipts was everything they needed. So I only sent them FPS receipts and not the actual FPS report. So I was wrong there but I sent them other documents such as P11, P32, P45, P60, wage slips which covered the same information that FPS covered.

When I received my visa rejection letter, everyone said it's my fault and that I should have hired a solicitor and shouldn't have applied on my own. I went to see 7 to 8 different solicitors after that so that I can proceed with my AR and/or a fresh application. I hired a solicitor in Bedford and decided to go for AR first. However, when he wrote my arguments for AR, I wasn't satisfied, so I told him he can keep the fees I've paid him, I don't want a refund and told him that I will be going for AR on my own. Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

The reason why I shared my story is most people including myself until I received my letter this morning believe that HO hardly overturns their decision at the AR stage. I am going to share with you guys why I wrote in my AR in the next post.

Thanks so much to all the members here who helped me on this forum, especially Zimba88, Khan Friends and Humv!

noajthan wrote:An inspiring post.

This success clearly validates the merit of AR refusals as well as this AR success.
If rules/regulations are complied with the appropriate decision will be reached, impartially and dispassionately.

Good to know that justice prevails and that the process is applied firmly but fairly to all.

raj.m wrote:When I received my visa rejection letter, everyone said it's my fault and that I should have hired a solicitor and shouldn't have applied on my own. I went to see 7 to 8 different solicitors after that so that I can proceed with my AR and/or a fresh application. I hired a solicitor in Bedford and decided to go for AR first. However, when he wrote my arguments for AR, I wasn't satisfied, so I told him he can keep the fees I've paid him, I don't want a refund and told him that I will be going for AR on my own. Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

raj.m wrote:Hi everyone! I just received my visa approval letter by post.

Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

JamesBlack wrote:Many congrats
Well done the way you represented your case with simplicity in relevance to the immigration rules.

Could you please kindly share the timeline again

I know you corrected its 2016

But date of applying AR
And decision date date of AR needs a correction

28daysgrace wrote:

raj.m wrote:Hi everyone! I just received my visa approval letter by post.

Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

Dear Raj,

First of all congratulations on this. I'm sure seeing a positive side of HO is pretty promising here for everyone.

Couple of questions though :

1. Would you be so kind to share your wording for the letter you sent to HO for AR ?

2. Did you send the actual FPS report with your application for AR or you just explained that the data is already mentioned in the payslips so they can refer to payslips instead of FPS reports ?

Regards

zimba88 wrote:Congratulations. I am quite impressed by they way you presented your case based on the immigration rules. Very well done