Tier 1 Extension Refused after 5 Months.Need suggestions

[zimba]

It is astonishing how you set yourself up for disaster. Three companies ?? Are you kidding me ?
Poor business practises and decision making, not reading the Tier 1E guide, relying solely on a solicitor, thinking that HO will accept alternative evidence is the reason why you failed to extend.

All the evidence they want from you is quite specific and need to have the right information in the correct format they require (alternative evidence HAS NO VALUE). FPS reports should show joining/leaving dates, company accounts must show DL under your name, DL agreement must be provided exactly as they require, CT bill is not acceptable evidence for being registered for corporation tax, you cannot purchase a business from someone else)

[awan905]

It is astonishing how you set yourself up for disaster. Three companies ?? Are you kidding me ?
Poor business practises and decision making, not reading the Tier 1E guide, relying solely on a solicitor, thinking that HO will accept alternative evidence is the reason why you failed to extend.

All the evidence they want from you is quite specific and need to have the right information in the correct format they require (alternative evidence HAS NO VALUE). FPS reports should show joining/leaving dates, company accounts must show DL under your name, DL agreement must be provided exactly as they require, CT bill is not acceptable evidence for being registered for corporation tax, you cannot purchase a business from someone else)

I do accept my mistake that I fully trusted this lady,because I was quite busy in businesses which are doing quite good now. However when I did my own research in last couple of days what I found that my case was simple but she made it complex. Also I started totally new companies and businesses and didnot buy from anyone else. The fixture and fittings which accountant mentioned in letter are totally new one which every business needs in order to run such a table, chair, computers, etc. But homeoffice though that I bought this from some one else meaning an old business but this is not the case. Also about the cooperation tax receipt, it does have my company tax number on it.

I have seen that you are quite experienced and will appreciate your suggestions in this regard. I am meeting my accountant and another solicitor today (howevr this time I will be doing my own research and will discuss every thing on this forum) and will update what they suggest.

I will appreciate your recommendations.

[n8net]

I am sorry to hear about your case.

I get furious when some one in position of power such as your solicitor fails to do their job, and yet charge ridiculous sum of money.

You really need to name and shame them here, so one one goes near them, also pursue a claim against Legal Ombudsman for the incompetency which has resulted in your life being affected in number of ways.

as for HO, I think your best chance is to submit an out-of-TIME application with all the new evidence as per Tier 1 guidance. since you have genuinely invested money and created jobs (it is just that you were unable to prove to HO) your new application may stand a chance. (explain in cover letter why ur application failed first time)

all the best.

[noajthan]

I am sorry to hear about your case.

I get furious when some one in position of power such as your solicitor fails to do their job, and yet charge ridiculous sum of money.

You really need to name and shame them here, so one one goes near them, also pursue a claim against Legal Ombudsman for the incompetency which has resulted in your life being affected in number of ways.

...

all the best.

Noone will be named and shamed here - however deserving they may be.
OP needs to follow up with concerned regulatory authorities (SRA, Law Society & etc).

[awan905]

Just finished meeting with few of lawyers today about my case and conclusion is this that my initial application is still strong though the money didnot go via bank but still it went to very reputable law firm through which we bought the premises lease and due to circumstances and limited time we were unable to open the bank account. Most of them said the same thing that in AR, home office will not accept any thing and then I have to go for JR. In JR and in front of jude home office cannt defend the case because even at that time when I bought the lease there was no such rule about payment to business bank and then forward. However the only problem in JR is this that the legal team of home office will most probably try to settle it before court or will try to further waste the time by delaying the appeals (which is very common practice followed by home office). Due to all this JR can take 3 to 6 month on top of 1 month for AR.

Now 2nd option is this that I submit a new application and with that I attach all the additional documents including the bank statement and loan agreement of company B and submit it, with further correction of Full time submission for employees.

I am thinking to go for 2nd option because here I will be saving the time and will be attaching all the additional documents which they mentioned are missing. What do you guys think about this?

[Obie]

In addition to above my visa expired on 28th March, but I applied on 24th March 2015. If I go for AR and if that will be refused then can I got for JR and if that will be also refused, then can I go for fresh application or do I need to do for fresh application first without going for AR and JR

You lawyer need to make clear to you that JR is for unlawful decision.

If the respondent made a correct decision, you will not get a remedy for Judicial review.

[awan905]

In addition to above my visa expired on 28th March, but I applied on 24th March 2015. If I go for AR and if that will be refused then can I got for JR and if that will be also refused, then can I go for fresh application or do I need to do for fresh application first without going for AR and JR

You lawyer need to make clear to you that JR is for unlawful decision.

If the respondent made a correct decision, you will not get a remedy for Judicial review.

For this one I already put my comments that I am going for new application. if JR gets refused then status becomes illegal.

[awan905]

For new application do I need to attach only additional documents or all of them, such as documents related to employees, company house, bank statements, director loan, etc.

After refusing the visa home office only sent refusal letter and didnot return any other document including passports and Degree.

[sheraz78]

Dear Mr Awan

I would suggest you to reapply for visa rather than applying for JR as you have very weak grounds to win AR.
Additionally, focus on company B for investment and director loan purposes and I also suggest to change your legal advisor.

Your company B is strong enough to prove your eligibility for extension but dont forget to include relevant documents from company A like Current appointment report

Best regards

[awan905]

Dear Mr Awan

I would suggest you to reapply for visa rather than applying for JR as you have very weak grounds to win AR.
Additionally, focus on company B for investment and director loan purposes and I also suggest to change your legal advisor.

Your company B is strong enough to prove your eligibility for extension but dont forget to include relevant documents from company A like Current appointment report

Best regards

Dear Sheraz,
Thanks and if you see my comments which I put yesterday after having meeting with some lawyers, I am going for new application and thinking to apply before 28th of this month. But let me if I get every thing because bank statements takes 5 to 7 working days to arrive.
I will attach every thing again except passports, degree, marriage certificate, child birth certificate, because they are with home office.

[awan905]

Just got the reply from the accountant, I am unable to upload the sample in SAGE which he sent due to size for my company, however another member in the forum put a similar sample before. So I am using his sample which is approved by home office for FPS.

I hope this will help other members who are using SAGE software.

[awan905]

I am in process of preparing the fresh application, I was thinking to apply that with in 14days of refusal but it is taking a bit longer. I just need to double check from expert guys that do I need to tell that home office that I am not going for AR, so that they can withdrawn that or just apply for new application with in 28 days. Also Home office didnot return any of my document, am I fine to just submit additional documents with new application or do I need to arrange all the documents again? and mention in application that home office already got most of the documents in initial application.

[zimba]

I am in process of preparing the fresh application, I was thinking to apply that with in 14days of refusal but it is taking a bit longer. I just need to double check from expert guys that do I need to tell that home office that I am not going for AR, so that they can withdrawn that or just apply for new application with in 28 days. Also Home office didnot return any of my document, am I fine to just submit additional documents with new application or do I need to arrange all the documents again? and mention in application that home office already got most of the documents in initial application.

HO will usually return your documents after the 14 days is over but you can apply for a new application with new documents within 28 days. Just mention in your covering letter that your documents /passport are with with the HO.

[shaz007]

Brother Awan

sorry to hear about your refusal . could you please let us know what are the question UKBA have asked in your interview and was it more related to your business or any other matters,
Your reply will help many brothers who are in a process of interview stage .


Many Thanks

[noajthan]

We have 'sisters' here too.
But no UKBA. UKBA was abolished in 2013.

[speshow]

For new application do I need to attach only additional documents or all of them, such as documents related to employees, company house, bank statements, director loan, etc.

After refusing the visa home office only sent refusal letter and didnot return any other document including passports and Degree.

Hi friend,

I have similar interview time (7th of july) with you, but now nothing hear back from HO,....already more than 6months...can you share your interview questions ?


Thanks

[awan905]

For new application do I need to attach only additional documents or all of them, such as documents related to employees, company house, bank statements, director loan, etc.

After refusing the visa home office only sent refusal letter and didnot return any other document including passports and Degree.

Hi friend,

I have similar interview time (7th of july) with you, but now nothing hear back from HO,....already more than 6months...can you share your interview questions ?


Thanks

Hope for the best and they asked me almost same questions which are posted by other members on this forum, I think they have set of questions which they ask every one. You might get a reply in coming days.

[awan905]

Dear All,
I am now in process of arranging the documents for fresh application. I am wondering that is it compulsory to arrange and submit MANAGEMENT ACCOUNTS. I am already submitting the annual accounts and my company trading year is from 1st of Feb till 31st of Jan every year, so from 1st Feb 2016 till 31st of August 2016, do I need to submit the management accounts 7 months?
Regards

[helpingperson]

Hello Awan,

Do you know why were interviewed?

Was there any mentioning of interview in your refusal reasons in HO letter?

The reasons you have stated here for refusal, were clearly established from your paperwork hence no apparent reason to me for interviewing you.


Thank you.

[helpingperson]

Hello Awan,

Do you know why you were interviewed?

Was there any mentioning of interview in your refusal reasons in HO letter?

The reasons you have stated here for refusal, were clearly established from your paperwork hence no apparent reason to me for interviewing you.


Thank you.

[cappachino]

Hello Awan
Can you please list the questions asked during interview.
Regards

[sm12]

Dear All,
I am now in process of arranging the documents for fresh application. I am wondering that is it compulsory to arrange and submit MANAGEMENT ACCOUNTS. I am already submitting the annual accounts and my company trading year is from 1st of Feb till 31st of Jan every year, so from 1st Feb 2016 till 31st of August 2016, do I need to submit the management accounts 7 months?
Regards

If you wish to show investment during those seven months.

[awan905]

Hello Awan
Can you please list the questions asked during interview.
Regards

I did mention before that they asked me exactly same questions which they are other members,Kindly check board for those questions.

[awan905]

Dear All,
I am now in process of arranging the documents for fresh application. I am wondering that is it compulsory to arrange and submit MANAGEMENT ACCOUNTS. I am already submitting the annual accounts and my company trading year is from 1st of Feb till 31st of Jan every year, so from 1st Feb 2016 till 31st of August 2016, do I need to submit the management accounts 7 months?
Regards

If you wish to show investment during those seven months.

thanks

[awan905]

Hi, for my fresh application I am attaching below documents (home office already kept most of documents in initial application which was refused for 40 points)
For Investment 20 points:-
1: Personal bank statement and business bank statement showing funds transfer for company B, in 6 instalments over 3 months from Feb 2015 till April 2015.
2: DL for company B.
3: Accountant Letter with clarification of investment because in last letter home took the impression that I did or bought an old business which was not the case.
4: Corporation Tax letter which I got first time from HMRC which shows the tax number plus tax paid receipt copy (original I submitted first time and home office kept it).
5: CT 600 for company B (2015-16) and A (2013-14 and 2014-15).
6: Current appointment report from company house for company A (I started this company in March 2013 with some other guys and resigned in Feb 2015) and company B (currently running).
7: Company A account’s for 2013-14 and 2014-15 and Company B account for 1st year (2015-16). Though I submitted these before but again submitting it. In these accounts it is clearly shown that how much is the DL share.
8: Latest Business Bank statement showing business is trading for company B.
9: Website pages print.
10: Customer (5 of them) invoices which were sent via email so I took screenshots.
11: Insurance documents.
12: Marketing flyer.
13: 1and1 recent invoice about my business website renewal.

Employment related documents (20points):-
1: Payslips covering number of hours and pay per hour.
2: P32
3: P60
4:P11
5: FPS for company A from start till I resigned and FPS for company B from start till today. I did this in SAGE software and format I submitted in my thread which I am using for FPS.
6: Submission Logs
7:P45
8: Employee personal details.
9: Employee History report.

10: ID's of employees
11: Company B, employees contract copies.

On top of this I am submitting my current personal bank statement showing maintenance funds for last 3 month. As mentioned above home office already got my passport, marriage certificate, child birth certificate, so cannt resubmit these. Though I am using a solicitor however I do not fully trust due to previous lesson, so will appreciate if you guys check and let me know if I am missing any thing.