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Tier 1 Entrepreneur Extension refused

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

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Satheesh Sankar
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Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Wed May 09, 2018 12:41 pm

Dear Friends

If anyone has Tier 1 Entrepreneur Extension Policy Guidance April 2017, Please attached here, I have lost policy guidance 2017.

Thank you

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marcnath
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Re: Tier 1 Entrepreneur Extension Policy Guidance 2017

Post by marcnath » Wed May 09, 2018 1:31 pm

You can find archives of the immigration rules (not the guidance document though ) at https://www.gov.uk/government/collectio ... tion-rules

However, you should be using the latest guidance for your application.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension Policy Guidance 2017

Post by Satheesh Sankar » Wed May 09, 2018 1:38 pm

Thank you Marcnath

My tier 1 extension visa was refused today
Reason:

Must submit unaudited account along with director loan, but I have invested £75000 already which shows on the unaudited account.

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marcnath
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Re: Tier 1 Entrepreneur Extension Policy Guidance 2017

Post by marcnath » Wed May 09, 2018 1:54 pm

Satheesh Sankar wrote:
Wed May 09, 2018 1:38 pm
Thank you Marcnath

My tier 1 extension visa was refused today
Reason:

Must submit unaudited account along with director loan, but I have invested £75000 already which shows on the unaudited account.
Ok. So the 2017 guidance document will not be of help as that requirement hasn't changed in the new version.

It would be good if you can type in the actual text of the refusal.

Based on what you have noted here, it appears the CW has not been able to locate the accounts. If you have submitted the same, your AR should be relatively simple and to have the decision overturned as it appears to be a straightforward CW error
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Wed May 09, 2018 11:02 pm

Refusal reason

The evidence you have provided is not sufficient because you have not provided a legal document in the form of your director loan and the unaudited accounts that you have submitted do not show the director loan investment in your name as specified above (mentioned director loan section of the policy guidance).

Thank you

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zimba
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Re: Tier 1 Entrepreneur Extension refused

Post by zimba » Wed May 09, 2018 11:05 pm

So you applied for extension without even reading the guide ?? :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Thu May 10, 2018 8:58 am

Hi Zimba88

Could please explain do I need to submit director loan along with my unaudited accounts.

Thank you

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marcnath
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Re: Tier 1 Entrepreneur Extension refused

Post by marcnath » Thu May 10, 2018 9:04 am

Satheesh Sankar wrote:
Thu May 10, 2018 8:58 am
Hi Zimba88

Could please explain do I need to submit director loan along with my unaudited accounts.

Thank you
Let me repeat @zimba's question - have you read the guide ?

If you have not, please do so and especially read Page 31 of the guide.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Thu May 10, 2018 9:32 am

Hi

You mean the section below and I am confused now, please help me in this regards

''c) The audited or unaudited accounts must show the investment in money made directly in the business by one or more of the following:
(i) you, in your own name''
or

It needs to be in a form of director loan


Thank you

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marcnath
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Re: Tier 1 Entrepreneur Extension refused

Post by marcnath » Thu May 10, 2018 10:32 am

1) Did you make your investment as Share capital or Director loan ?
2) what documents exactly did you submit as evidence of investment?
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Re: Tier 1 Entrepreneur Extension refused

Post by zimba » Thu May 10, 2018 10:42 am

Read 'Investment: specified documents' in the guide. It is very clear what you need to send.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Mon May 14, 2018 7:45 pm

Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you

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CR001
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Re: Tier 1 Entrepreneur Extension refused

Post by CR001 » Mon May 14, 2018 8:13 pm

If AR is refused, you lose Section 3C as it ends at that point, regardless of what application you submit after AR refusal. You would need a subsequent application to be successful for the period of overstay to be ignored for ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Satheesh Sankar
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Re: Tier 1 Entrepreneur Extension refused

Post by Satheesh Sankar » Mon May 14, 2018 9:01 pm

Thank you

I am not worried about ILR, I just like to continue working and maintain this business. If my subsequent application is refused, is the waiting time for subsequent application is counted as overstay for any future application?

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marcnath
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Re: Tier 1 Entrepreneur Extension refused

Post by marcnath » Mon May 14, 2018 9:24 pm

Satheesh Sankar wrote:
Mon May 14, 2018 7:45 pm
Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you
Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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marcnath
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Re: Tier 1 Entrepreneur Extension refused

Post by marcnath » Mon May 14, 2018 9:26 pm

Satheesh Sankar wrote:
Mon May 14, 2018 9:01 pm
Thank you

I am not worried about ILR, I just like to continue working and maintain this business. If my subsequent application is refused, is the waiting time for subsequent application is counted as overstay for any future application?
If the subsequent application is refused, the waiting period will be considered overstay. So you will fall under the general grounds of refusal for any visa application.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

sm12
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Re: Tier 1 Entrepreneur Extension refused

Post by sm12 » Tue May 15, 2018 1:38 am

marcnath wrote:
Mon May 14, 2018 9:24 pm
Satheesh Sankar wrote:
Mon May 14, 2018 7:45 pm
Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you
Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.
Even when they applied during the 14 day period following a refusal?

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marcnath
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Re: Tier 1 Entrepreneur Extension refused

Post by marcnath » Tue May 15, 2018 6:02 am

sm12 wrote:
Tue May 15, 2018 1:38 am
marcnath wrote:
Mon May 14, 2018 9:24 pm
Satheesh Sankar wrote:
Mon May 14, 2018 7:45 pm
Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you
Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.
Even when they applied during the 14 day period following a refusal?
Yes, you will be a overstayer immediately after AR refusal. Section 3C protection ends at that time. It has nothing to do with when a fresh application is sent in.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

jjs456
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Re: Tier 1 Entrepreneur Extension refused

Post by jjs456 » Thu May 17, 2018 4:11 pm

I would like to know from marcnath about 3C and overstayer - if AR is refused and then after reapplication is successful, can it affect ILR application?

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