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refusal need urgent help

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Salahuddin1
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Posts: 7
Joined: Fri Dec 28, 2018 5:16 pm

refusal need urgent help

Post by Salahuddin1 » Thu Feb 07, 2019 10:33 pm

hi,
we have had a refusal of tier 1 ent extension visa on the grounds that our second employment was of 11 months, however we have had a part time employee at that time who worked for 4 months. home office said that they cannot consider this part time job.

can anyone please advice on what grounds we can go for administrative review.

thanks.

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marcnath
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Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: refusal need urgent help

Post by marcnath » Thu Feb 07, 2019 10:50 pm

Salahuddin1 wrote:
Thu Feb 07, 2019 10:33 pm
hi,
we have had a refusal of tier 1 ent extension visa on the grounds that our second employment was of 11 months, however we have had a part time employee at that time who worked for 4 months. home office said that they cannot consider this part time job.

can anyone please advice on what grounds we can go for administrative review.

thanks.
It is impossible to comment without full details of the employees.
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.

Salahuddin1
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Posts: 7
Joined: Fri Dec 28, 2018 5:16 pm

Re: refusal need urgent help

Post by Salahuddin1 » Thu Feb 07, 2019 11:30 pm

Home office said
"we accept that you have created one full time paid job for A as a marketing executive. You have also provided evidence for five further employees, H , M, E, Aa, and L, admin officer's.

for employees H, M, E, and Aa we are only able to calculate a total of 11 months full time employment. we cannot combine the 4 months worked by L, because she worked part time. this is not sufficient to meet the requirement of creating the equivalent of 2 new full time job which have each existed for at least 12 months.

we have therefore been unable to award points for Attributes in accordance with Appendix A."

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CULLINAN
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Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: refusal need urgent help

Post by CULLINAN » Fri Feb 08, 2019 12:10 am

Salahuddin1 wrote:
Thu Feb 07, 2019 11:30 pm
Home office said
"we accept that you have created one full time paid job for A as a marketing executive. You have also provided evidence for five further employees, H , M, E, Aa, and L, admin officer's.

for employees H, M, E, and Aa we are only able to calculate a total of 11 months full time employment. we cannot combine the 4 months worked by L, because she worked part time. this is not sufficient to meet the requirement of creating the equivalent of 2 new full time job which have each existed for at least 12 months.

we have therefore been unable to award points for Attributes in accordance with Appendix A."
This decision proves that CW has discretion not to count single part time job. For example single part time job for 4 months to count for 2 months FT. The guidance only talks about combining two part timers. This is an eye opener for members relying on single part time jobs even under tranistional arrangements.

However, you can argue for CW to consider the number of total hours rather. Many members in the past have got away with it.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: refusal need urgent help

Post by marcnath » Fri Feb 08, 2019 12:29 pm

Salahuddin1 wrote:
Thu Feb 07, 2019 11:30 pm
Home office said
"we accept that you have created one full time paid job for A as a marketing executive. You have also provided evidence for five further employees, H , M, E, Aa, and L, admin officer's.

for employees H, M, E, and Aa we are only able to calculate a total of 11 months full time employment. we cannot combine the 4 months worked by L, because she worked part time. this is not sufficient to meet the requirement of creating the equivalent of 2 new full time job which have each existed for at least 12 months.

we have therefore been unable to award points for Attributes in accordance with Appendix A."
Are you under transitional arrangements?
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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