Further course of action in case of Admin Review Refusal

Dear members

I have applied for Tier 1 Entrepreneur Visa Extension which was refused on 29th August and further I applied for an admin review , could you please advise if

(a) If admin review is refused, will I be allowed and get some time to submit fresh application, as my leave under initial T1 Entrepreneur is already expired.

(b) If I get to submit fresh application, can I refer to some of the original documents, which are already in receipt with UKBA for claiming points against attributes, in case I don't receive my passport and documents submitted under previous extension application.

Many thanks

Hi
Can i ask you some quetions please.
1) As per my lawyer, my refusal letter came today by post.
My refusal letter states the date as 26th August but received on 11 September only.
Can you please confirm if you received your letter with such a gap in date of dispatch from Home Office and arrival to you/ your legal representative
2) Did your envelope have a date of dispatch or the date it was delivered to you?

3) I presented Directors loan but my extension has been refused saying "i did not provide a legal director's loan agreement". Would you or any one have an idea about this issue?

Please reply and please advise your circumstance and queries about the letter envelope itself.

I think my legeal rep has made an error in informing me about receiving the letter on time and only when i chased him he called me 2 days later to tell me status of my application. This is vital as i have only 14 days to ask for Admin Review from the date i receive the letter.

Awaiting rpelies please.

luv369 wrote:Hi
Can i ask you some quetions please.
1) As per my lawyer, my refusal letter came today by post.
My refusal letter states the date as 26th August but received on 11 September only.
Can you please confirm if you received your letter with such a gap in date of dispatch from Home Office and arrival to you/ your legal representative
2) Did your envelope have a date of dispatch or the date it was delivered to you?

3) I presented Directors loan but my extension has been refused saying "i did not provide a legal director's loan agreement". Would you or any one have an idea about this issue?

Please reply and please advise your circumstance and queries about the letter envelope itself.

I think my legeal rep has made an error in informing me about receiving the letter on time and only when i chased him he called me 2 days later to tell me status of my application. This is vital as i have only 14 days to ask for Admin Review from the date i receive the letter.

Awaiting rpelies please.

Hi,

Please double check with the refusal letterrecipt date as this is vital for admin review or new application date. Confirm the correct receipt date by your solicitor.

@ Luv69

I received my letter 2 days after refusal, also if you could PM me copy of your director's loan agreement then I would be able to advise.

Cheers

Hi Guys,

can you please list the refusal points....why home office rejected your Tier-1 Extension applications..

It will very helpful to assist and guide ....what should be next course of actions.

Thanks

Dear members
I applied for Tier 1 entrepreneur extension , which was refused , after which I exercised admin review, which is also refused with following response received from Home office this morning.

"You ,state in your review that your name is clearly shown on accounts, however please note that balance sheet doesn't show your full name, furthermore these accounts were not signed off by yourself as required so you failed to meet the requirements as stated under paragraph 46-SD". (accounts have first letter of my name & surname and stamped by accountants)

Retention of documents: They have retained my passport as my leave is expired and only sent my bank statements, there are other documents specially original legal agreement of director's loan which they have retained along with company accounts, payslips and details of employees.

Enforcement Notice: An enforcement notice has been issued and it states that "you must leave the UK now or will be liable to be detained and removed, also if you have any reason to stay in the UK which you have not already told us about, you must tell us now or at the latest with in 14 days of receiving this letter using the application forms on our website gov.uk/ukvi. Furthermore if you have reasons to stay in the UK that were not part of your recent application , you must state them. This requirement is being given under section 120 of nationality, Immigration & Asylum Act 2002. if you do not tell us ASAP and you tell us later without a good reason , you will lose any right of appeal you may have otherwise qualified for if we refuse your claim. You must not tell us about any reasons or grounds you have for wishing to remain in the UK. You do not need to tell us about any reasons or grounds which you have already told us in your claim or application".

Kindly advise what shall I do, this application is getting rejected for a simple mistake of not putting a signature on the accounts, I already have invested my life savings in acquiring a freehold business along with taking commercial mortgage from a UK bank. Is it possible for me to submit a fresh application or is there anything else I could do, as it's very difficult to just leave everything I created with my hard work and go, even sold my house back in India to fund this so I don't even have a place to go to, this seems very abrupt decision for a visa like this, also it would affect the employment of other workers who are employed.
Many thanks

Indeed a sad news

Just try getting a good immigration advisor / solicitor who look into your next application before submission. Try covering all old issues mentioned in refusal letter and also try getting another eye looking for any undetected errors/ mistakes or issues that could put your application for any refusal risk. Good luck and be strong, you will be good next time

naveediiqbal wrote:Indeed a sad news

Just try getting a good immigration advisor / solicitor who look into your next application before submission. Try covering all old issues mentioned in refusal letter and also try getting another eye looking for any undetected errors/ mistakes or issues that could put your application for any refusal risk. Good luck and be strong, you will be good next time

Thanks Naveed

I am searching for a solicitor, could you or someone please recommend a good solicitor who has dealt with this scenario, my another concern is , am I allowed to make a fresh application as enforcement notice says that I need to tell Home Office about any reasons or ground which I have not already told them in my previous application

Kind regards

Dear members
Kindly help with what options do I have at this stage, your advice is greatly appreciated
Many thanks

I am sorry to hear that you got refusal. I cant help you regarding you refusal but can I ask you one thing? Did you read policy guidance before extension application? How did you forget that they have refused many applications on initial stage only for this signature issue?
I think you can re-apply but please must seek some professional advise before new application.

OhmV wrote:Dear members
I applied for Tier 1 entrepreneur extension , which was refused , after which I exercised admin review, which is also refused with following response received from Home office this morning.

"You ,state in your review that your name is clearly shown on accounts, however please note that balance sheet doesn't show your full name, furthermore these accounts were not signed off by yourself as required so you failed to meet the requirements as stated under paragraph 46-SD". (accounts have first letter of my name & surname and stamped by accountants)

Retention of documents: They have retained my passport as my leave is expired and only sent my bank statements, there are other documents specially original legal agreement of director's loan which they have retained along with company accounts, payslips and details of employees.

Enforcement Notice: An enforcement notice has been issued and it states that "you must leave the UK now or will be liable to be detained and removed, also if you have any reason to stay in the UK which you have not already told us about, you must tell us now or at the latest with in 14 days of receiving this letter using the application forms on our website gov.uk/ukvi. Furthermore if you have reasons to stay in the UK that were not part of your recent application , you must state them. This requirement is being given under section 120 of nationality, Immigration & Asylum Act 2002. if you do not tell us ASAP and you tell us later without a good reason , you will lose any right of appeal you may have otherwise qualified for if we refuse your claim. You must not tell us about any reasons or grounds you have for wishing to remain in the UK. You do not need to tell us about any reasons or grounds which you have already told us in your claim or application".

Kindly advise what shall I do, this application is getting rejected for a simple mistake of not putting a signature on the accounts, I already have invested my life savings in acquiring a freehold business along with taking commercial mortgage from a UK bank. Is it possible for me to submit a fresh application or is there anything else I could do, as it's very difficult to just leave everything I created with my hard work and go, even sold my house back in India to fund this so I don't even have a place to go to, this seems very abrupt decision for a visa like this, also it would affect the employment of other workers who are employed.
Many thanks

Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

10020132 wrote:Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

Have you read the guidance properly already?

Yes I did but I couldn't make a reference to which signatures you are talking about

10020132 wrote:Yes I did but I couldn't make a reference to which signatures you are talking about

Ask mom I then. He may guide further

Thank U so very much for such valuable info. Time waster naveed

10020132 wrote:Thank U so very much for such valuable info. Time waster naveed

?

@ OhmV, the easy option is to submit a fresh application with the correct info.

If you decide to submit a PAP letter for JR you need to consult an experienced solicitor/barrister who will check your refusal reasons to see if you have a very good case.

Meanwhile regarding the account that wasn't signed, how many account did you not sign as I assume you must have submitted about 3 years account? If its one account among the 3years account, then you may have a very good case.

Also, have you submitted the disputed account to Company House as that copy must have been signed by you through your accountant before submission and you could use that as a defence in your JR.

10020132 wrote:Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

Anyone to shed light on as to which signatures are these?

10020132 wrote:

10020132 wrote:Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

Anyone to shed light on as to which signatures are these?

The signature need to be there on statutory accounts as well as full payment submission

Many thanks
Is it for private ltd companies only or for sole trader as well as I am working as sole trader

Hello All,

I thought i would just post about what i've got now.

I received a letter today which is dated on 21 Nov. This is about 5 days after the letter was issued by HO.

My application has been refused and I've been awarded all points except the job created in the UK.

I obviously have had created 3 jobs and have been for more than 12 months. The reason that was refused is because of the No evidence of the star dates for the new employees. I understand that I have submitted all the payslips, Employees contract as well as FPS.

I am unable to show the start dates as I had previously changed my accountant and they didn't give me the FPS which is supposed to be showing the start dates and end dates.

I understand that i would be able to do my AR and it is within 14 days. I would just do it tomorrow as it is just a matter of paperwork. I am also thinking that i need to just let the solicitor do it as I believe they have much more experience than me.

I am also going to do the life in the uk test and because of this, I am supposed i would have to delay it.

Has anyone had refusal and granted afterwards? How long does it take to get the answer after that?

I hope this post is helpful and what a life here.

Thank you.

robertholdon wrote:Hello All,

I thought i would just post about what i've got now.

I received a letter today which is dated on 21 Nov. This is about 5 days after the letter was issued by HO.

My application has been refused and I've been awarded all points except the job created in the UK.

I obviously have had created 3 jobs and have been for more than 12 months. The reason that was refused is because of the No evidence of the star dates for the new employees. I understand that I have submitted all the payslips, Employees contract as well as FPS.

I am unable to show the start dates as I had previously changed my accountant and they didn't give me the FPS which is supposed to be showing the start dates and end dates.

I understand that i would be able to do my AR and it is within 14 days. I would just do it tomorrow as it is just a matter of paperwork. I am also thinking that i need to just let the solicitor do it as I believe they have much more experience than me.

I am also going to do the life in the uk test and because of this, I am supposed i would have to delay it.

Has anyone had refusal and granted afterwards? How long does it take to get the answer after that?

I hope this post is helpful and what a life here.

Thank you.

You said you have submitted employee contracts and payslips. If these (contract and first payslip) do not show the start date. Please confirm.

robertholdon wrote:Hello All,

I thought i would just post about what i've got now.

I received a letter today which is dated on 21 Nov. This is about 5 days after the letter was issued by HO.

My application has been refused and I've been awarded all points except the job created in the UK.

I obviously have had created 3 jobs and have been for more than 12 months. The reason that was refused is because of the No evidence of the star dates for the new employees. I understand that I have submitted all the payslips, Employees contract as well as FPS.

I am unable to show the start dates as I had previously changed my accountant and they didn't give me the FPS which is supposed to be showing the start dates and end dates.

I understand that i would be able to do my AR and it is within 14 days. I would just do it tomorrow as it is just a matter of paperwork. I am also thinking that i need to just let the solicitor do it as I believe they have much more experience than me.

I am also going to do the life in the uk test and because of this, I am supposed i would have to delay it.

Has anyone had refusal and granted afterwards? How long does it take to get the answer after that?

I hope this post is helpful and what a life here.

Thank you.

if you dont mind ,can you plz share your timeline of your extension ?

What is the difference between Director Loan agreement and legal Director loan agreement..

Any idea guys...

Hi.

yes, Employment contracts and confirmed letter from accountant would show the details. The payslip would not show when the employee was started the job. They refused me because of paper that do not show under guidance which this is also contra by immigration rule.

The problem with the whole thing here is that you don't get an appeal and once AR is decided, you'll leave no option to prove them wrong. It's been frustrating.



[quote="naveediiqbal"][quote="robertholdon"]Hello All,

I thought i would just post about what i've got now.

I received a letter today which is dated on 21 Nov. This is about 5 days after the letter was issued by HO.

My application has been refused and I've been awarded all points except the job created in the UK.

I obviously have had created 3 jobs and have been for more than 12 months. The reason that was refused is because of the No evidence of the star dates for the new employees. I understand that I have submitted all the payslips, Employees contract as well as FPS.

I am unable to show the start dates as I had previously changed my accountant and they didn't give me the FPS which is supposed to be showing the start dates and end dates.

I understand that i would be able to do my AR and it is within 14 days. I would just do it tomorrow as it is just a matter of paperwork. I am also thinking that i need to just let the solicitor do it as I believe they have much more experience than me.

I am also going to do the life in the uk test and because of this, I am supposed i would have to delay it.

Has anyone had refusal and granted afterwards? How long does it take to get the answer after that?

I hope this post is helpful and what a life here.

Thank you.[/quote]

You said you have submitted employee contracts and payslips. If these (contract and first payslip) do not show the start date. Please confirm.[/quote]