Visa Refused After almost 10 months

mdm · Post by **mdm** » Mon Dec 19, 2016 2:40 pm

HEllo zimba,

I got my rejection and i am confused because it is what i have already provide the documents for that and still they did not award me the points for my investment.

Below detailed my rejection kindly advise what to do.

You have claimed points for funds which you have invested into a uk business

Paragraphs 46-SD(a) to 46-SD(e) of appendiz A of the immigration rules listed the evidence that must be provided to evidence the money that have been invested into a uk business.

As evidence of your investment you have submitted:

(1) Accountants letter from ABC ACCOUNTANT(My Accountant)
(2) Unaudited accounts dated 30 june 2015 and management accounts dated 31 march 2016
(3)Unsecured Directors Loan Agreement
(4)HMRCH tax return
(5)Business bank statements
(6)Personal bank statements

Paragraph 46-SD(a)(iii) states that if the applicants has made the investment in the form of a director,s loan,it must be shown both in the relevant set of financial accounts provided,and through readily identifiable transactions in the applicants business bank statements, which must clearly show the transfer of the money from the applicant to this business.

The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

As a result you have not demonstrated that you have invested 200,000£ into one or more UK business.

There for , no points have been awarded for attributes, in accordance with paragraph 46 of appendix A of the immigration rules.

I have provided my statements personal to business shown all transaction clearly that i have made director loan in my business accounts.
Also provide director,s loan agreement shows all transactions with dates stated.

Please advise i am very confuse and i don't know what to do in AR.

noajthan · Post by **noajthan** » Mon Dec 19, 2016 2:45 pm

It seems you need to address this point:

The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

mdm · Post by **mdm** » Mon Dec 19, 2016 2:47 pm

Hi Noajthan,

What should i do?

Thanks

noajthan wrote:It seems you need to address this point:
The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

sm12 · Post by **sm12** » Mon Dec 19, 2016 2:51 pm

Did the management accounts not mention anywhere that you had given the loan?

noajthan · Post by **noajthan** » Mon Dec 19, 2016 2:53 pm

mdm wrote:Hi Noajthan,

What should i do?

Thanks

noajthan wrote:It seems you need to address this point:
The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

Not sure what you can do at AR if its not obvious caseworker has made any procedural and/or administrative errors.
At face value the error is within the bundle.
This sounds like it could have been caught in pre-filing checks.

Talk to concerned accountant or other advisor.
Find out if Director's loan was shown in appropriate place in appropriate format in appropriate name in relevant dated accounts.

And if not then why not.
Then fire them and/or sue them.

mdm · Post by **mdm** » Mon Dec 19, 2016 2:56 pm

Management accounts shows

Current assets

Debtors : 284,237
Cash at bank and in hand 603
___________________________
=284,840

Creditors: amounts falling due within one year:

Bank loans and overdrafts:96
Trade creditors:31,093
Corporation tax:4323
Other taxes and social security costs Other creditor:260,330

sm12 wrote:Did the management accounts not mention anywhere that you had given the loan?

noajthan · Post by **noajthan** » Mon Dec 19, 2016 3:06 pm

mdm wrote:Management accounts shows

Current assets

Debtors : 284,237
Cash at bank and in hand 603
___________________________
=284,840

Creditors: amounts falling due within one year:

Bank loans and overdrafts:96
Trade creditors:31,093
Corporation tax:4323
Other taxes and social security costs Other creditor:260,330

sm12 wrote:Did the management accounts not mention anywhere that you had given the loan?

It doesn't seem to meet stated objection which was (paraphrasing): in appropriate place in appropriate format in appropriate name

mdm · Post by **mdm** » Mon Dec 19, 2016 3:07 pm

What if it is not at in appropriate place in appropriate format in appropriate name[/quote]?
What are my options?

noajthan wrote:
mdm wrote:Management accounts shows

Current assets

Debtors : 284,237
Cash at bank and in hand 603
___________________________
=284,840

Creditors: amounts falling due within one year:

Bank loans and overdrafts:96
Trade creditors:31,093
Corporation tax:4323
Other taxes and social security costs Other creditor:260,330

sm12 wrote:Did the management accounts not mention anywhere that you had given the loan?
It doesn't seem to meet stated objection which was (paraphrasing): in appropriate place in appropriate format in appropriate name

mdm · Post by **mdm** » Mon Dec 19, 2016 3:47 pm

I have checked my accounts again and i can see all the details are up to dated even in my investment letter my accountant mention as per below.

"
Mr ABC has invested £219,934.00 and this fund has been used for the working capital in the company. Most of the working capital has been tied up in credit given to the customers (see management accounts on page 5 trade debtors £281,848)

If you need any further information, please do not hesitate to contact us.
"

mdm wrote:What if it is not at in appropriate place in appropriate format in appropriate name

?
What are my options?

noajthan wrote:
mdm wrote:Management accounts shows

Current assets

Debtors : 284,237
Cash at bank and in hand 603
___________________________
=284,840

Creditors: amounts falling due within one year:

Bank loans and overdrafts:96
Trade creditors:31,093
Corporation tax:4323
Other taxes and social security costs Other creditor:260,330

sm12 wrote:Did the management accounts not mention anywhere that you had given the loan?
It doesn't seem to meet stated objection which was (paraphrasing): in appropriate place in appropriate format in appropriate name

[/quote]

Hiuk7777 · Post by **Hiuk7777** » Mon Dec 19, 2016 4:01 pm

Your manage account didn't show director loan under your name.

I think you need apply a new application and ask your account process a new manage account write the director loan and your name opposite the director loan.

sm12 · Post by **sm12** » Mon Dec 19, 2016 4:14 pm

Often the name is only mentioned under the notes section after the balance sheet.
If it's not there then you need to make a fresh application.

mdm · Post by **mdm** » Mon Dec 19, 2016 4:21 pm

On the first page of my Management accounts its stated:

Directors
The following persons served as directors during the period: xxxxxxxxxxxxxxxxxx

This isnt mean that all below debtors for above person.Why we have to mention double double things which is unofficial even for HMRC. And in the investment letter it is explained where is my investment in accounts with reference.

GCSE LEVEL caseworkers are handling this most highest cat of immigration of the Country.Even at the interview they was not properly qualify for this CAT.

I think i should go for AR and explain everything step by step.

Hiuk7777 wrote:Your manage account didn't show director loan under your name.

I think you need apply a new application and ask your account process a new manage account write the director loan and your name opposite the director loan.

mdm · Post by **mdm** » Mon Dec 19, 2016 4:26 pm

At the end of the balance sheet written as per below and also my signatures their.

xxxxxxx
Director
Approved by the board on (DATE Written )
Below my signatures.

now????

sm12 wrote:Often the name is only mentioned under the notes section after the balance sheet.
If it's not there then you need to make a fresh application.

Jazz2007 · Post by **Jazz2007** » Mon Dec 19, 2016 4:27 pm

I would suggest to go for AR first although chances are very slim to get the decision overturned.As they clearly need the requirements to be met.

Please make a good explanation in AR.

Simultaneously, Prepare for Fresh application and fulfill the required points.

Jazz2007 · Post by **Jazz2007** » Mon Dec 19, 2016 4:28 pm

I mean Fresh application if the AR is refused.

awan905 · Post by **awan905** » Mon Dec 19, 2016 4:41 pm

Sorry to hear this and 10 months wait is very long time.

Can you please clarify that what your accountant has mentioned in the NOTES OF ACCOUNTS (this is for the annual accounts which you submitted to HMRC).

In this section under CREDITORS, you have to mention the total amount of director loan, if you are sole director then only director loan and amount £xyz, however if more the one director then name of each director and share of each director.

Is this mentioned in your annual accounts which you submitted to HMRC or not?

Hiuk7777 · Post by **Hiuk7777** » Mon Dec 19, 2016 4:43 pm

mdm wrote:On the first page of my Management accounts its stated:

Directors
The following persons served as directors during the period: xxxxxxxx

This isnt mean that all below debtors for above person.Why we have to mention double double things which is unofficial even for HMRC. And in the investment letter it is explained where is my investment in accounts with reference.

GCSE LEVEL caseworkers are handling this most highest cat of immigration of the Country.Even at the interview they was not properly qualify for this CAT.

I think i should go for AR and explain everything step by step.

Hiuk7777 wrote:Your manage account didn't show director loan under your name.

I think you need apply a new application and ask your account process a new manage account write the director loan and your name opposite the director loan.

I don't know yours but my accountant consider debitor is for customer who didn't pay to company. Creditor is for the company own to someone. Most director loan write as creditor not debitor. Of course anyone can owe your company and your company can owe anyone. How you can proof you are the only one company owe. And a lot people also mention in the note creditor by ( your name).

Of course you can AR but I also suggest you prepare a fresh application in advance just in case they cannot accept your explaination.

mdm · Post by **mdm** » Mon Dec 19, 2016 4:53 pm

These are management accounts.I haven't yet submit to HMRCH it is due in 3months.

1)Below notes on second page

"The directors present their report and accounts for the period ended 31 March 2016.
Principal activities

The company's principal activity during the year continued to be export of plastic and metal scrap.
Directors

The following persons served as directors during the period:
xxxxxx

Small company provisions
This report has been prepared in accordance with the provisions in Part 15 of the Companies Act 2006 applicable to companies subject to the small companies regime.
This report was approved by the board on 19 April 2016 and signed on its behalf.

xxxxxxx
Director
"

On the page of balance sheet under the current assets heading:
Debtors :288,845
and other details
and end of the page written My name and below my name director and my signature and date.

in the investment letter he mention :

xxxxxxxx has invested £219,934.00 and this fund has been used for the working capital in the company. Most of the working capital has been tied up in credit given to the customers (see management accounts on page 5 trade debtors £281,848)

If you need any further information, please do not hesitate to contact us.
"

awan905 wrote:Sorry to hear this and 10 months wait is very long time.

Can you please clarify that what your accountant has mentioned in the NOTES OF ACCOUNTS (this is for the annual accounts which you submitted to HMRC).

In this section under CREDITORS, you have to mention the total amount of director loan, if you are sole director then only director loan and amount £xyz, however if more the one director then name of each director and share of each director.

Is this mentioned in your annual accounts which you submitted to HMRC or not?

awan905 · Post by **awan905** » Mon Dec 19, 2016 4:59 pm

Letter does have any value though it is accepted as additional document but not mandatory. I think you and your accountant has missed in accounts note the value of director loan, though in balance sheet or in creditor section it is mentioned that how much this company owes, but in accounts note section to have to mention this seperate that how much director loan is under creditor section. Let me know if you are still unclear then I can explain this in detail

Jazz2007 · Post by **Jazz2007** » Mon Dec 19, 2016 5:01 pm

Investment letter from Accountsnt has no value.

Its just a reference not an Evidence.

mdm · Post by **mdm** » Mon Dec 19, 2016 5:07 pm

You got the point right.
This is my concern but my accountant already prepare other people accounts those applied for visa ext and they have no issues like this.
What you think if i explain in AR how much chances?
Also if he explains in the investment letter that where he is mention my director capital which is director loan then what you think is not ok? which i think other way around?

Thanks

Waiting for reply

awan905 wrote:Letter does have any value though it is accepted as additional document but not mandatory. I think you and your accountant has missed in accounts note the value of director loan, though in balance sheet or in creditor section it is mentioned that how much this company owes, but in accounts note section to have to mention this seperate that how much director loan is under creditor section. Let me know if you are still unclear then I can explain this in detail

cappachino · Post by **cappachino** » Mon Dec 19, 2016 5:49 pm

mdm wrote:HEllo zimba,

I got my rejection and i am confused because it is what i have already provide the documents for that and still they did not award me the points for my investment.

Below detailed my rejection kindly advise what to do.

You have claimed points for funds which you have invested into a uk business

Paragraphs 46-SD(a) to 46-SD(e) of appendiz A of the immigration rules listed the evidence that must be provided to evidence the money that have been invested into a uk business.

As evidence of your investment you have submitted:

(1) Accountants letter from ABC ACCOUNTANT(My Accountant)
(2) Unaudited accounts dated 30 june 2015 and management accounts dated 31 march 2016
(3)Unsecured Directors Loan Agreement
(4)HMRCH tax return
(5)Business bank statements
(6)Personal bank statements

Paragraph 46-SD(a)(iii) states that if the applicants has made the investment in the form of a director,s loan,it must be shown both in the relevant set of financial accounts provided,and through readily identifiable transactions in the applicants business bank statements, which must clearly show the transfer of the money from the applicant to this business.

The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

As a result you have not demonstrated that you have invested 200,000£ into one or more UK business.

There for , no points have been awarded for attributes, in accordance with paragraph 46 of appendix A of the immigration rules.

I have provided my statements personal to business shown all transaction clearly that i have made director loan in my business accounts.
Also provide director,s loan agreement shows all transactions with dates stated.

Please advise i am very confuse and i don't know what to do in AR.

Sorry to hear about your rejection.
1. Seeing your earlier post you applied in May hence it has been 7 months (is this correct ?)
2. Did your accountant mention your name in the notes ? or anywhere in the accounts ?
3. At any point did you contact your MP ?

awan905 · Post by **awan905** » Mon Dec 19, 2016 5:54 pm

[quote="mdm"]You got the point right.
This is my concern but my accountant already prepare other people accounts those applied for visa ext and they have no issues like this.
What you think if i explain in AR how much chances?
Also if he explains in the investment letter that where he is mention my director capital which is director loan then what you think is not ok? which i think other way around?

Thanks

Waiting for reply

You must have to mention clearly in creditor section under notes that how much you have invested in business which is a liability for the company, in balance sheet it shows the total amount of creditor which included director loan and other payments which company has to do such as to suppliers, so in order to clarify this in notes you need to clearly mention that what is the exact amount of DL.
My personal suggestion would be to prepare a new application, and in mean while also apply for AR and clarify this point. If HO accepts this in AR then that would be great other wise go for fresh application and ask the accountant to correct the accounts.

ukbiz · Post by **ukbiz** » Mon Dec 19, 2016 10:01 pm

mdm wrote:HEllo zimba,

I got my rejection and i am confused because it is what i have already provide the documents for that and still they did not award me the points for my investment.

Below detailed my rejection kindly advise what to do.

You have claimed points for funds which you have invested into a uk business

Paragraphs 46-SD(a) to 46-SD(e) of appendiz A of the immigration rules listed the evidence that must be provided to evidence the money that have been invested into a uk business.

As evidence of your investment you have submitted:

(1) Accountants letter from ABC ACCOUNTANT(My Accountant)
(2) Unaudited accounts dated 30 june 2015 and management accounts dated 31 march 2016
(3)Unsecured Directors Loan Agreement
(4)HMRCH tax return
(5)Business bank statements
(6)Personal bank statements

Paragraph 46-SD(a)(iii) states that if the applicants has made the investment in the form of a director,s loan,it must be shown both in the relevant set of financial accounts provided,and through readily identifiable transactions in the applicants business bank statements, which must clearly show the transfer of the money from the applicant to this business.

The unaudited accounts dated 30th june 2015 and the management accounts dated 31 match 2016 do not show the director,s loan in the accounts or in your name as stipulated in the above paragraph.

As a result you have not demonstrated that you have invested 200,000£ into one or more UK business.

There for , no points have been awarded for attributes, in accordance with paragraph 46 of appendix A of the immigration rules.

I have provided my statements personal to business shown all transaction clearly that i have made director loan in my business accounts.
Also provide director,s loan agreement shows all transactions with dates stated.

Please advise i am very confuse and i don't know what to do in AR.

Your Accounts missed the presentation of Director Loan with your name under the section Notes to Financial Statements which comes after Balance Sheet.

In Notes to the Financial Statement under Creditors the notes should read as The Director (Mr.Abc) has invested £200K by the way of Loan which is unsecured and subordinate in favour of third party creditors''''

Apply for AR first and try to explain that the DL amount has shown in Creditors under Balance sheet and You are the only Director of Business ,If AR maintained the decision then re-apply with revised presentation of DL under Notes to Financial Statements of your accounts.

roshanvsn · Post by **roshanvsn** » Mon Dec 19, 2016 10:36 pm

I believe AR is next stage but you can always make a fresh application too.
What's your timeline and did you receive your health surcharge recently?

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Visa Refused After almost 10 months

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Re: Visa Refused After almost 10 months

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Re: Visa Refused After almost 10 months

Re: Visa Refused After almost 10 months

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Re: Visa Refused After almost 10 months

Re: Visa Refused After almost 10 months