Tier 1 Ent extension refused

Dear Friends

I am looking for kind advise at this difficult time when my Tier 1 Ent extension application is refused.


Came to UK in Sep 2007. was on student visa until 2010.
Got Tier 1 PSW in 2011.
Got Tier 1 Entrepreneur-visa in March 2013 expiring March 2016.
Applied Tier 1 entrepreneur extension in March 2016
Invested £63K in a limited company ABC ( I am 100% shareholder). But £30K of it was in buying a property with two other partner in business XYZ. Plan was to apply for extension on business XYZ but by that time occupation of business XYZ was removed from list of Tier 1 Ent occupations so i had to stick to my first Limited company ABC. This £30K was transferred from my personal account to a solicitor account who was doing our deal for purchasing usiness XYZ property.
When I applied for extension in March 2016, I asked my solicitor (who deals our property purchases for XYZ) to transfer the ownership of my property (which is 1/3 of total property of business XYZ as i bought with two other partners ) to my Limited company ABC. Reason was that just in case it may help latter in verse scenario (as now) to prove that the investment of £30K was really invested in my Limited company ABC business . No document of this transfer was provided in my Tier 1 Ent extension as its processed completed when I already sent my extension application.

Reason for my refusal are:
The immigration-rules Appendix A , paragraph 46-SD (a) (iii) states that investment must be shown "through readily identifiable transactions in the applicant’s business bank statements, which must clearly show the transfer of this money from the applicant to his business
The payments for £30K are shown as transaction from your personal bank account . These are also payments to your solicitors for the purchase of property. As these cannot be sean readily identifiable transaction into your business account as shown on your business bank statement, these cannot be included as investment into the business.

You may only seek administrative review of this decision if you think there has been a case working error.You have 14 calendar days after the date on which u received this decision to apply for administrative review.
It has been decided to refuse your application for leave to Remain as a Tier 1 (Entrepreneur)Migrant under paragraph 245DD of the immigration-rules, as u do not meet the requirement at paragraph 2455DD(b) and uder appendix A.

Knowing the mistake I made
1- Money not transferred to business account from my personal account and rather paid directly to solicitors
what best options I have?
1- Can I add something in administrative review?What can I add in administrative review?
2- Can I apply a new application? If yes what will be the time limit? How many time i can apply as new applicant?
3-In a new application can i depend on my all old document except the transaction of £30 K which is in question in this case? Can I invest a further £30K now, first by transferring from my personal account to my business bank account?
4-What is the time of Judicial review and who qualify for it?
5- I am qualifying for ILR Long residence in Mid August 2017, what will be the best way to prolong my stay here until Aug 2017 so I can apply for ILR (LR)?

Thanks for everyone precious time

HI sorry for your refusal . There it is another applicant's mistake not reading the guide i guess . There was similar refusal post yesterday where this was discussed.

http://www.immigrationboards.com/uk-tie ... 23083.html .

In your case looks like it will be better if you buy some time with AR even though output will be negative but it will give you some time towards your ILR . Then consider JR which is I believe time consuming and and money .But hope fully it will take to you to ILR timing . Even you do a 2nd application after AR chances are you will still be short of time for ILR if they refuse again . Not sure how the JR works but wait for Gurus to reply .

kapoorinusa wrote:HI sorry for your refusal . There it is another applicant's mistake not reading the guide i guess . There was similar refusal post yesterday where this was discussed.

http://www.immigrationboards.com/uk-tie ... 23083.html .

In your case looks like it will be better if you buy some time with AR even though output will be negative but it will give you some time towards your ILR . Then consider JR which is I believe time consuming and and money .But hope fully it will take to you to ILR timing . Even you do a 2nd application after AR chances are you will still be short of time for ILR if they refuse again . Not sure how the JR works but wait for Gurus to reply .

As per knowledge and research if you got for JR and lost the case , you will lose your 10 years unfortunately thats what my solicitors told me thats why i am tense as well .
please make it clear Gurus if i am wrong ...

Hellostar is correct it might be in that case if you go to JR .But not sure as I never searched for JR process . If you search here on forums I am sure you will find your answer . Not sure if you can go for AR again after 2nd application . if you can it might buy you some time may be up to 5 - 6 months . Also search for if you can apply whith in 28 days before when you qualify for 10 year ILR . it will be bonus time for you .

As others pointed out, you failed to read the guide and follow the rules. Go for AR and apply for a fresh application and you might get to August.
Ignore JR. JR is used to challenge a public body's action in court for being illegal, which is clearly not the case here. It is not a way to get a visa !!
Time you spend on applying for JR is not covered by section 3C and you are very likely have no case.

kapoorinusa wrote:Hellostar is correct it might be in that case if you go to JR .But not sure as I never searched for JR process . If you search here on forums I am sure you will find your answer . Not sure if you can go for AR again after 2nd application . if you can it might buy you some time may be up to 5 - 6 months . Also search for if you can apply whith in 28 days before when you qualify for 10 year ILR . it will be bonus time for you .

JR is not a Willie Wonka style golden ticket nor is it a kind of 'get out of jail-free' card.

JR does not help to 'buy time' when there is no case to be made. This is an inappropriate mindset.
All JR really does is line lawyers' pockets and pay for the suits that contain such pockets.

noajthan wrote:

kapoorinusa wrote:Hellostar is correct it might be in that case if you go to JR .But not sure as I never searched for JR process . If you search here on forums I am sure you will find your answer . Not sure if you can go for AR again after 2nd application . if you can it might buy you some time may be up to 5 - 6 months . Also search for if you can apply whith in 28 days before when you qualify for 10 year ILR . it will be bonus time for you .

JR is not a Willie Wonka style golden ticket nor is it a kind of 'get out of jail-free' card.

JR does not help to 'buy time' when there is no case to be made. This is an inappropriate mindset.
All JR really does is line lawyers' pockets and pay for the suits that contain such pockets.

Can he not apply FLR(O) or FLR(FP) on this stage ?

hellostar wrote:Can he not apply FLR(O) or FLR(FP) on this stage ?

Possibly - if requirements are or can be met.
And if HO do not decide it is merely a vexatious and/or frivolous application made for reasons such as to 'buy time';
- which would only lead to further grief and complications.

Can he not apply FLR(O) or FLR(FP) on this stage ?

He can but there are no basis for such applications and refusal will be quick on those.

noajthan wrote:

hellostar wrote:Can he not apply FLR(O) or FLR(FP) on this stage ?

Possibly - if requirements are or can be met.
And if HO do not decide it is merely a vexatious and/or frivolous application made for reasons such as to 'buy time';
- which would only lead to further grief and complications.

But if he applies now and suppose decision take longer and his 10 years completed during this , does it make sense?

hellostar wrote:But if he applies now and suppose decision take longer and his 10 years completed during this , does it make sense?

HO/UKVI apparently deals with and snuffs out such applications without merit fairly quickly as there is evidently a clear and easily identifiable 'profile' to them.
So its hard to see how that kind of approach buys time; it may simply lead to a refusal and ban under Immigration Regs.

noajthan wrote:

hellostar wrote:But if he applies now and suppose decision take longer and his 10 years completed during this , does it make sense?

HO/UKVI apparently deals with and snuffs out such applications without merit fairly quickly as there is evidently a clear and easily identifiable 'profile' to them.
So its hard to see how that kind of approach buys time; it may simply lead to a refusal and ban under Immigration Regs.

Make sense now

Thanks to all of you. It's a wonderful place with wonderful people almost everyone ready to help. I will update on future outcome