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Fresh application after refuse, management/unaudited account

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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yyzim2008
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Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 1:53 pm

Hi Guys:

I have been waiting for 8 months for my visa decision and today get refused. The reason is same with a lot oters : did not show my name under the director loan.

I do need to do the fresh application.

My question is : Home office kept some original document like degree and marriage certificate. For my new application, How could I let them know they got my document already?

My Timeline is:
Applied: June 2016
Interview: Sep 2016
IHS refund 11th Feb 17
Decision date: 10th Feb 17

Many thanks
Regards
andy

User avatar
zimba
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Posts: 19940
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Extension refused, need help for fresh application

Post by zimba » Wed Feb 15, 2017 1:58 pm

Apply for a fresh application with a covering letter that your documents are with HO.

Fix your accounts: http://www.immigrationboards.com/uk-tie ... l#p1345481
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yyzim2008
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Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 2:31 pm

zimba88 wrote:Apply for a fresh application with a covering letter that your documents are with HO.

Fix your accounts: http://www.immigrationboards.com/uk-tie ... l#p1345481

Hi Zimba88:

Thank you for your reply.

As the account involved in 3 years, Should I change all 3 years account?

Also, I invested my money by installment. however, in the same time , I repay the loan as there is enough profit for business running. Currently, My unaudited account shows the balance of direct loan. what should I do with this? Whether add a sentence like: total director loan under Mr xxx for year 2014/2015 is £15,000 and total director loan under Mrxxx is £35,000.

Also, do I need to submit documents about my job creation as they already award my point for it.

Regards
andy

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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Extension refused, need help for fresh application

Post by zimba » Wed Feb 15, 2017 5:46 pm

You should have have full director's loan amount under your name as I showed above.
If you repaid the loan already then you are not eligible for award of points as money must be fully invested and not repaid.
Also, do I need to submit documents about my job creation as they already award my point for it.
better send all documents you have
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 8:23 pm

zimba88 wrote:You should have have full director's loan amount under your name as I showed above.
If you repaid the loan already then you are not eligible for award of points as money must be fully invested and not repaid.
Also, do I need to submit documents about my job creation as they already award my point for it.
better send all documents you have
Hi Zimba88 :

Thank you for your reply again.

In this way, could I ask my accountant to revise the account and ask him to change my repayment into dividend or salary to me please?

Also, for fresh application, do I have to resubmit something like employee passport ? Or I could just give ho the updated RTI from my submitted date to now and pay slip ? And tell ho they have my documents for employment contract and others ...

Many thanks
Regards
Andy

Many thanks

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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Extension refused, need help for fresh application

Post by zimba » Wed Feb 15, 2017 8:32 pm

Yes, better to change them to dividends. Keep DL untouched
Also, for fresh application, do I have to resubmit something like employee passport ? Or I could just give ho the updated RTI from my submitted date to now and pay slip ? And tell ho they have my documents for employment contract and others ...
Send all documents that you have regarding employment, they are all digital copies anyway.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ukbiz
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Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Extension refused, need help for fresh application

Post by ukbiz » Wed Feb 15, 2017 9:10 pm

yyzim2008 wrote:Hi Guys:

I have been waiting for 8 months for my visa decision and today get refused. The reason is same with a lot oters : did not show my name under the director loan.

I do need to do the fresh application.

My question is : Home office kept some original document like degree and marriage certificate. For my new application, How could I let them know they got my document already?

My Timeline is:
Applied: June 2016
Interview: Sep 2016
IHS refund 11th Feb 17
Decision date: 10th Feb 17

Many thanks
Regards
andy
Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward !

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year ?

2) If the notes section of Creditors more than one year , explains that you have invested that amount by the way of director loan ?

Please reply above so it can be helpful to decide the best option for you.


yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 9:14 pm

zimba88 wrote:Yes, better to change them to dividends. Keep DL untouched


Change my annual account whether make home office feel I did fake document?
Also, for fresh application, do I have to resubmit something like employee passport ? Or I could just give ho the updated RTI from my submitted date to now and pay slip ? And tell ho they have my documents for employment contract and others ...
Send all documents that you have regarding employment, they are all digital copies anyway.
Sure I will do thank you

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 9:15 pm

zimba88 wrote:Yes, better to change them to dividends. Keep DL untouched



Also, for fresh application, do I have to resubmit something like employee passport ? Or I could just give ho the updated RTI from my submitted date to now and pay slip ? And tell ho they have my documents for employment contract and others ...
Send all documents that you have regarding employment, they are all digital copies anyway.
Change my annual account whether make home office feel I did fake document?

Sure I will do thank you

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 9:27 pm

ukbiz wrote:
yyzim2008 wrote:Hi Guys:

I have been waiting for 8 months for my visa decision and today get refused. The reason is same with a lot oters : did not show my name under the director loan.

I do need to do the fresh application.

My question is : Home office kept some original document like degree and marriage certificate. For my new application, How could I let them know they got my document already?

My Timeline is:
Applied: June 2016
Interview: Sep 2016
IHS refund 11th Feb 17
Decision date: 10th Feb 17

Many thanks
Regards
andy
Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward !

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year ?

2) If the notes section of Creditors more than one year , explains that you have invested that amount by the way of director loan ?

Please reply above so it can be helpful to decide the best option for you.

hi

1)it shows more than one year.
2) and yes it shows the director loan.

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Extension refused, need help for fresh application

Post by ukbiz » Wed Feb 15, 2017 9:42 pm

yyzim2008 wrote:
ukbiz wrote:
yyzim2008 wrote:Hi Guys:

I have been waiting for 8 months for my visa decision and today get refused. The reason is same with a lot oters : did not show my name under the director loan.

I do need to do the fresh application.

My question is : Home office kept some original document like degree and marriage certificate. For my new application, How could I let them know they got my document already?

My Timeline is:
Applied: June 2016
Interview: Sep 2016
IHS refund 11th Feb 17
Decision date: 10th Feb 17

Many thanks
Regards
andy
Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward !

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year ?

2) If the notes section of Creditors more than one year , explains that you have invested that amount by the way of director loan ?

Please reply above so it can be helpful to decide the best option for you.

hi

1)it shows more than one year.

2) and yes it shows the director loan.
Dear member, Could you explain further

1)it shows more than one year.
Does it also show the full amount of Loan i.e Amount of 200K ?

2)and yes it shows the director loan.
Does the notes further explain in a sentence that MR (YOUR NAME) has invested 200K by the way of Director loan ?

It is very important to know above for the correct course of action for you.

Thanks

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 10:03 pm

Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward !

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year ?

2) If the notes section of Creditors more than one year , explains that you have invested that amount by the way of director loan ?

Please reply above so it can be helpful to decide the best option for you.

[/quote]

hi

1)it shows more than one year.

2) and yes it shows the director loan.[/quote]

Dear member, Could you explain further

1)it shows more than one year.
Does it also show the full amount of Loan i.e Amount of 200K ?

2)and yes it shows the director loan.
Does the notes further explain in a sentence that MR (YOUR NAME) has invested 200K by the way of Director loan ?

It is very important to know above for the correct course of action for you.

Thanks[/quote]

Hi
1) no, it only shows balance my director loan as I made repayment.

2) and yes it shows my name

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Extension refused, need help for fresh application

Post by ukbiz » Wed Feb 15, 2017 10:46 pm

yyzim2008 wrote:Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward!

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year?

2) If the notes section of Creditors more than one year, explains that you have invested that amount by the way of director loan?

Please reply above so it can be helpful to decide the best option for you.

hi

1)it shows more than one year.

2) and yes it shows the director loan.[/quote]

Dear member, Could you explain further

1)it shows more than one year.
Does it also show the full amount of Loan i.e Amount of 200K ?

2)and yes it shows the director loan.
Does the notes further explain in a sentence that MR (YOUR NAME) has invested 200K by the way of Director loan ?

It is very important to know above for the correct course of action for you.

Thanks[/quote]

Hi
1) no, it only shows balance my director loan as I made repayment.

2) and yes it shows my name[/quote]

You satisfied the requirement of money invested by your own name shown in Accounts as director loan by you but it is quite strange why you withdraw the director loan back (repayments as you told ) before the last accounting year end ? which means that your claim for investment points was not valid due to shortfall of total invested money less than 50K shown in your submitted accounts with HO !

Your Accountant should have advised you not to withdraw any loan amount back until you get extension approved !

As your accounts has already been submitted with partial Director loan investment less than 50K, you need to amend the accounts by declaring the withdrawn money Dividend or Dividend & Salary as follow;

a) Adjust repayments as Dividend ( if your repayments equal or less than Net profit) or

b) Adjust repayments as Combination of Dividend & Director salary (if your repayments are more than the Net profit)

After the above adjustments, your amended accounts should then shown full amount of Director loan as 50K.


yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Extension refused, need help for fresh application

Post by yyzim2008 » Wed Feb 15, 2017 10:55 pm

ukbiz wrote:
yyzim2008 wrote:Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward!

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year?

2) If the notes section of Creditors more than one year, explains that you have invested that amount by the way of director loan?

Please reply above so it can be helpful to decide the best option for you.

hi

1)it shows more than one year.

2) and yes it shows the director loan.
Dear member, Could you explain further

1)it shows more than one year.
Does it also show the full amount of Loan i.e Amount of 200K ?

2)and yes it shows the director loan.
Does the notes further explain in a sentence that MR (YOUR NAME) has invested 200K by the way of Director loan ?

It is very important to know above for the correct course of action for you.

Thanks[/quote]

Hi
1) no, it only shows balance my director loan as I made repayment.

2) and yes it shows my name[/quote]

You satisfied the requirement of money invested by your own name shown in Accounts as director loan by you but it is quite strange why you withdraw the director loan back (repayments as you told ) before the last accounting year end ? which means that your claim for investment points was not valid due to shortfall of total invested money less than 50K shown in your submitted accounts with HO !

Your Accountant should have advised you not to withdraw any loan amount back until you get extension approved !

As your accounts has already been submitted with partial Director loan investment less than 50K, you need to amend the accounts by declaring the withdrawn money Dividend or Dividend & Salary as follow;

a) Adjust repayments as Dividend ( if your repayments equal or less than Net profit) or

b) Adjust repayments as Combination of Dividend & Director salary (if your repayments are more than the Net profit)

After the above adjustments, your amended accounts should then shown full amount of Director loan as 50K.

[/quote]

hi

Thank you very much for reply.

It is my fault really. 2 years ago, some silicitors told me I could withdraw the money.

If I do do the adjustment, will Ho think I made the fake document as it is different as the one I submitted previous ?

Regards
Andy

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Extension refused, need help for fresh application

Post by ukbiz » Wed Feb 15, 2017 11:13 pm

yyzim2008 wrote:
ukbiz wrote:
yyzim2008 wrote:Sorry to know about your refusal, before preparing your mind for fresh application please answer below as it may be helpful to understand your options going forward!

1) If your Balance sheet shows the full amount of Loan under the heading as Creditors More than one year?

2) If the notes section of Creditors more than one year, explains that you have invested that amount by the way of director loan?

Please reply above so it can be helpful to decide the best option for you.

hi

1)it shows more than one year.

2) and yes it shows the director loan.
Dear member, Could you explain further

1)it shows more than one year.
Does it also show the full amount of Loan i.e Amount of 200K ?

2)and yes it shows the director loan.
Does the notes further explain in a sentence that MR (YOUR NAME) has invested 200K by the way of Director loan ?

It is very important to know above for the correct course of action for you.

Thanks
Hi
1) no, it only shows balance my director loan as I made repayment.

2) and yes it shows my name[/quote]

You satisfied the requirement of money invested by your own name shown in Accounts as director loan by you but it is quite strange why you withdraw the director loan back (repayments as you told ) before the last accounting year end ? which means that your claim for investment points was not valid due to shortfall of total invested money less than 50K shown in your submitted accounts with HO !

Your Accountant should have advised you not to withdraw any loan amount back until you get extension approved !

As your accounts has already been submitted with partial Director loan investment less than 50K, you need to amend the accounts by declaring the withdrawn money Dividend or Dividend & Salary as follow;

a) Adjust repayments as Dividend ( if your repayments equal or less than Net profit) or

b) Adjust repayments as Combination of Dividend & Director salary (if your repayments are more than the Net profit)

After the above adjustments, your amended accounts should then shown full amount of Director loan as 50K.

[/quote]

hi

Thank you very much for reply.
No problem we all here to help each other!

It is my fault really. 2 years ago, some solicitors told me I could withdraw the money.
Quite Astonishing, how these incompetent Solicitors misguide, Accountant, are not immigration expert so you need to be on top of your matter to instruct them what you need in accounts!

If I do do the adjustment, will Ho think I made the bad quality document as it is different from the one I submitted previously?

Amendements in submitted accounts in not unlawful and in fact allowed by HMRC if you have reasonable explanations for corrections of errors , Ho may question the credibility of submitted amended accounts as you may be called for interview (if applied fresh application) to ask why the director loan amount is different from previously submitted accounts for the same accounting period ? You need to explain with good accounting reasons for this amendment for example; Accountant may write a separate cover letter that it was their mistake that they understated (declared partial balance ) Director loan at balance sheet due to non-declaration of dividend or salary which they later realised after submission.

Regards
Andy[/quote]

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Fresh application after refuse, management/unaudited account

Post by yyzim2008 » Fri Feb 17, 2017 11:04 am

Dear all

I got my decision from HO on 15th Feb as my name did not show in the account(both self employed and Ltd)

After chatting with all the people, I found my foundamental issue is i repay myself for the money I invested after the business is running in great condition.

So I am ready to get 50k back to account as new investment as the solicitor suggested. And only invested in my Ltd. So I will need a new annual account. By doing this way, I have two question:

1. Could I use management account to prove my investment as my year end is 31st March. Although accountant is happy to change year end into anytime I want. But management account is much flexible regarding to format.

2. If I do a new investment, do I still need to tell ho I have invested 38k in my self employed and 30k in my Ltd with they refused as my name did not show in the account? (I know the problem for Ltd but as self employed I transfer the money from my personal account to business account and in annual account, there is share holder capital : xxx name introduction £xx,xxx amount )

Many thanks in advanced

Regards
Andy

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Fresh application after refuse, management/unaudited acc

Post by ukbiz » Fri Feb 17, 2017 2:36 pm

yyzim2008 wrote:Dear all

I got my decision from HO on 15th Feb as my name did not show in the account(both self-employed and Ltd)


After chatting with all the people, I found my fundamental issue is i repay myself for the money I invested after the business is running in great condition.

So I am ready to get 50k back to account as new investment as the solicitor suggested. And only invested in my Ltd. So I will need a new annual account. By doing this way, I have two question:

1. Could I use management account to prove my investment as my year end is 31st March? Although accountant is happy to change year end into anytime I want. But management account is much flexible regarding to format.

2. If I do a new investment, do I still need to tell ho I have invested 38k in my self employed and 30k in my Ltd with they refused as my name did not show in the account? (I know the problem for Ltd but as self employed I transfer the money from my personal account to business account and in annual account, there is share holder capital : xxx name introduction £xx,xxx amount )

Many thanks in advanced

Regards
Andy

Hi Andy,

You said ''I got my decision from HO on 15th Feb as my name did not show in the account(both self-employed and Ltd)''

1.In your previous posts, you mentioned your Visa was refused due to the low balance of Director Loan less than 50K as you did repayments but your name was mentioned in the Notes section and now you are saying that your name was not mention ?

2. You are also claiming that you supplied both limited company and self-employed accounts with your name so if both LTD & Self employed investment combined together won't this add total of 50K which should be the strong point for your AR as there is no need for the fresh application if your previous evidence supplied has 50K investment (LTD & SE) with your name mention in both accounts ?

3.As your posts are unclear about the exact refusal points, in order to get more clear advice and the clear confusions could you share your refusal letter sent by HO (hiding your details) with reasons for refusal so it can be clear on basis your extension was refused, you can opt not to share by all means but at te end of the day by sharing, it will help to understand the exact refusal points and to suggest right course of action !

yyzim2008
Newbie
Posts: 42
Joined: Sat May 18, 2013 10:45 pm

Re: Fresh application after refuse, management/unaudited acc

Post by yyzim2008 » Sun Feb 19, 2017 8:16 pm

ukbiz wrote:
yyzim2008 wrote:Dear all

I got my decision from HO on 15th Feb as my name did not show in the account(both self-employed and Ltd)


After chatting with all the people, I found my fundamental issue is i repay myself for the money I invested after the business is running in great condition.

So I am ready to get 50k back to account as new investment as the solicitor suggested. And only invested in my Ltd. So I will need a new annual account. By doing this way, I have two question:

1. Could I use management account to prove my investment as my year end is 31st March? Although accountant is happy to change year end into anytime I want. But management account is much flexible regarding to format.

2. If I do a new investment, do I still need to tell ho I have invested 38k in my self employed and 30k in my Ltd with they refused as my name did not show in the account? (I know the problem for Ltd but as self employed I transfer the money from my personal account to business account and in annual account, there is share holder capital : xxx name introduction £xx,xxx amount )

Many thanks in advanced

Regards
Andy

Hi Andy,

You said ''I got my decision from HO on 15th Feb as my name did not show in the account(both self-employed and Ltd)''

1.In your previous posts, you mentioned your Visa was refused due to the low balance of Director Loan less than 50K as you did repayments but your name was mentioned in the Notes section and now you are saying that your name was not mention ?

2. You are also claiming that you supplied both limited company and self-employed accounts with your name so if both LTD & Self employed investment combined together won't this add total of 50K which should be the strong point for your AR as there is no need for the fresh application if your previous evidence supplied has 50K investment (LTD & SE) with your name mention in both accounts ?

3.As your posts are unclear about the exact refusal points, in order to get more clear advice and the clear confusions could you share your refusal letter sent by HO (hiding your details) with reasons for refusal so it can be clear on basis your extension was refused, you can opt not to share by all means but at te end of the day by sharing, it will help to understand the exact refusal points and to suggest right course of action !

Hi

sorry for late reply as I am preparing the fresh application.

1. yes my name is mentioned in the creditor note but the balance is low as repayment.

2. for self-employement(partnership), as my accountant only put my investment under current partners capital, and my investment is under INTRODUCTION. so the case worker did not aware me any point as the name and amount is not mentioned.

thank you for your advisor about the account adjustment. but as i try to reduce tax in a legal way, I increased my cost by bad stock. so the profit is total not strong enough for the adjustment.

so this is what my lawyer suggested: go to see account and ask him to add a note: total investment by Mr xxx in year 2012-2016 is 50k and balance is 3k, and then I inject new 50k into business on Monday to make the balance over 50k in new year account 2017. So I will claim total invest is 100k. do not care whether the case worker count the first 50k as long as he agree with the new 50k.

By the way, do I need to pay new IHS fees for the fresh application?

Many thanks

Regards
andy

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Fresh application after refuse, management/unaudited acc

Post by ukbiz » Sun Feb 19, 2017 11:17 pm

Yes, you will have to pay separately health charges for fresh application and have to request back the remaining balance of refused one.

Before you apply fresh why can't you try AR as you still have strong chances to defend on the fact that although your name was not mentioned but the investment belongs to you being a Sole owner of the self-employment business and the LTD business already have your name and the amount so together they make 50K.

I strongly advise going for AR first before making a costly decision of fresh application!

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