Tier 1 ( entreprenur ) extension application refused

Dear all
Today HO refused my 200k business entrepreneur extension application because they could not awarded me points on business investment and job creation. They gave 14 days time for admin review.
Can anyone please help in this matter. Many thanks

Similar case as fyi:
http://www.immigrationboards.com/uk-tie ... 03743.html

tipurekha wrote:Dear all
Today HO refused my 200k business entrepreneur extension application because they could not awarded me points on business investment and job creation. They gave 14 days time for admin review.
Can anyone please help in this matter. Many thanks

Please post the refusal letter wording just so we can see what was the reasoning behind the decision.

Dear all
I have submitted AR with some further documents. But I am certainly sure it will refuse. September 2016 I will complete 10 years and my daughter will be 7 years in September who born in UK. As far I know after AR rejection within 28 days have to make fresh application. What would be the best option for me, please advice
Many thanks

zimba88 wrote:

tipurekha wrote:Dear all
Today HO refused my 200k business entrepreneur extension application because they could not awarded me points on business investment and job creation. They gave 14 days time for admin review.
Can anyone please help in this matter. Many thanks

Please post the refusal letter wording just so we can see what was the reasoning behind the decision.

Well the question is whether you did invest as required and if you did create jobs as required. As you have not responded to zimba88's request for the refusal text (less any personal details), how can anyone advise you?

You are now at risk of having a period of overstay which will break your residence for ILR on long residence basis.

What application or process have you completed for your dependents? Were their visas also refused?

CR001 wrote:

zimba88 wrote:

tipurekha wrote:Dear all
Today HO refused my 200k business entrepreneur extension application because they could not awarded me points on business investment and job creation. They gave 14 days time for admin review.
Can anyone please help in this matter. Many thanks

Please post the refusal letter wording just so we can see what was the reasoning behind the decision.

Well the question is whether you did invest as required and if you did create jobs as required. As you have not responded to zimba88's request for the refusal text (less any personal details), how can anyone advise you?

You are now at risk of having a period of overstay which will break your residence for ILR on long residence basis.

What application or process have you completed for your dependents? Were their visas also refused?

Dear CR001
At the same time my application was refused with two dependent. Friends of my mine adviced me to apply for FLR (O) and another friend adviced me to apply for JR and I am not sure JW or FLR time will count for ILR.
Thanks

We really cannot give any advice as you do not even clarify on what grounds your application was refused

zimba88 wrote:We really cannot give any advice as you do not even clarify on what grounds your application was refused

The reason they mentioned
There was no share certificate provided for company 1.

Company 2 from the account I provide not show any investment from myself and no accountants letter has been provided, * company 2 my other partner does himself the whole accounts

Company 2 I invest through 65k equipment and purchasing stock not the way of invest funds

No evidence of RTI , no payslips, and the company 2 all employed before I appointed director
Many thanks

You don't explain yourself well.

But it seems you didn't create any jobs (in Company 2, maybe u did in company1?). which you know well is a criteria for extension.

As such you won't get extension.

tipurekha wrote:

zimba88 wrote:We really cannot give any advice as you do not even clarify on what grounds your application was refused

The reason they mentioned
There was no share certificate provided for company 1.

Company 2 from the account I provide not show any investment from myself and no accountants letter has been provided, * company 2 my other partner does himself the whole accounts

Company 2 I invest through 65k equipment and purchasing stock not the way of invest funds

No evidence of RTI , no payslips, and the company 2 all employed before I appointed director
Many thanks

It is difficult to understand what you just reported !!
It seems you somehow invested in two companies but your ur investments were not showing in accounts or you did not have the correct evidence. I also got the feeling that you joined an existing business which means you had to increase the net employment by two and you failed to do that. You also didn't submit the necessary extra documents like previous year RTI & accountants letter. If these assumptions are correct then you did not qualify for extension and HO decision is correct. Did you even read the guide ??

Dear zimba88
Your assumption is correct. Company 2 after I joined as a director 2014 two job created but it's not cover the HO required hour. Still I send AR within 14 days. I am not ready to make fresh tier1 E application if AR reject. What could be the best option for me. FLR/JR? September I will complete 10 yrs and my daughter 7 yrs!

tipurekha wrote:Dear zimba88
Your assumption is correct. Company 2 after I joined as a director 2014 two job created but it's not cover the HO required hour. Still I send AR within 14 days. I am not ready to make fresh tier1 E application if AR reject. What could be the best option for me. FLR/JR? September I will complete 10 yrs and my daughter 7 yrs!

What benefit you get if your daughter completes 7 years? Or what does she get if she completes 7 yrs in the country?

I think the focus should be on himself not his daughter. He is 6 months away from 10 years residency. does not seem he took his T1 Ent seriously and as he claims is not intent on reapplying. So he needs ideas for a visa for 6 months.

tipurekha wrote:Dear zimba88
Your assumption is correct. Company 2 after I joined as a director 2014 two job created but it's not cover the HO required hour. Still I send AR within 14 days. I am not ready to make fresh tier1 E application if AR reject. What could be the best option for me. FLR/JR? September I will complete 10 yrs and my daughter 7 yrs!

So you knew that you are not eligible for extension but simply just applied to somehow complete your ILR 10 year period. Unfortunately there is a lot of time left until September and I am not sure if there is a way for you to complete the 10 years legally.
Cases like this were the main reason ministers voted for our right to appeal HO decisions to be removed completely in Immigration Act 2014.

Share certificate? But share certificate is not even needed according to the immigration rules. If shares are not shown in accounts then it is the register of members that is required according to guidance also.

Zimba, if the daughter is UK born and lived here for 7 years non-stop, the thread maker will be able to apply for leave on that basis I think. This is because of special consideration given to anyone born and bred here.

tipurekha
sorry to hear that
I believe you have spend and invest huge amount on your business but you have not gave time to your Tier 1 entrepreneur application and guidance, those who participate in this forum have gain enough knowledge and have successfully extend their visa in good time.
your refusal point is valid as mentioned by Zimba88.

have no clue to help you in this matter

it is good to hire or take immigration solicitor for your case.
regards
IK

sm12 wrote:Zimba, if the daughter is UK born and lived here for 7 years non-stop, the thread maker will be able to apply for leave on that basis I think. This is because of special consideration given to anyone born and bred here.

The regulations around the so-called 7-year rule were changed several years ago.
Simply being born in UK does not confer any special status in itself, either to the individual 'anchor baby' nor to dependents/family members.

And a patent failure in T1E compliance will not be likely to sit well with any future 10-year application.