Second application refused

Happy38 · Post by **Happy38** » Sat Mar 09, 2019 5:52 pm

Respected senior members
My second application is refused on basis of maintenance funds. I been awarde 75 points but 0 points under appendix C (maintenance funds). Refusal letter states :
"You have provided .... statements account ending ..... to demonstrate that:
"You have been possession at least £2205 of available funds ( including two dependents) for consecutive 90 days period ending no more than 31 days before the date of application."
" we have assessed the maintenance funds from the period of 12 October 2017 to 12 December 2017. From the evidence provided you have no demonstrated that you have maintained minimum level of available funds required through out this full 90 days period, as specified under appendix C of the immigration rules. This is because the documents provided do not cover full consecutive 90 days period ending no more than 31 days before the application. We have therefore unable to award points for maintenance funds."
I have sent all the statements with application which cover 90 days period. My solicitor have the photo copies available. My funds are still available more than required minimum requirement.
Please advise further as we have lodge AR already. Is there any possibility that we can send required documents again ? Or any chance of succeess of AR ?
Regards

marcnath · Post by **marcnath** » Sat Mar 09, 2019 7:55 pm

Happy38 wrote: ↑
Sat Mar 09, 2019 5:52 pm
Respected senior members
My second application is refused on basis of maintenance funds. I been awarde 75 points but 0 points under appendix C (maintenance funds). Refusal letter states :
"You have provided .... statements account ending ..... to demonstrate that:
"You have been possession at least £2205 of available funds ( including two dependents) for consecutive 90 days period ending no more than 31 days before the date of application."
" we have assessed the maintenance funds from the period of 12 October 2017 to 12 December 2017. From the evidence provided you have no demonstrated that you have maintained minimum level of available funds required through out this full 90 days period, as specified under appendix C of the immigration rules. This is because the documents provided do not cover full consecutive 90 days period ending no more than 31 days before the application. We have therefore unable to award points for maintenance funds."
I have sent all the statements with application which cover 90 days period. My solicitor have the photo copies available. My funds are still available more than required minimum requirement.
Please advise further as we have lodge AR already. Is there any possibility that we can send required documents again ? Or any chance of succeess of AR ?
Regards

If the documents have been submitted, you should get a favorable decision in the AR.

Happy38 · Post by **Happy38** » Sat Mar 09, 2019 8:33 pm

Thank you so much. My solicitor have the photo copies, would that be enough to prove ??

CR001 · Post by **CR001** » Sat Mar 09, 2019 8:44 pm

we have assessed the maintenance funds from the period of 12 October 2017 to 12 December 2017

And you definitely sent 3 months / 90 days bank statements and not 2 months / 60 days as HO claims in the refusal??

What was the start date of your bank statements submitted??

What was the date of your application submission?

Happy38 · Post by **Happy38** » Sat Mar 09, 2019 9:04 pm

Application submitted on 22 December 2017, statements sent 31-08-17 to 28-11-17. And I sent printed statement from bank (stamped) till 18-12-17.

zimba · Post by **zimba** » Sun Mar 10, 2019 8:01 pm

Also the evidential flexibility should have been applied here but the caseworker did not consider it

Happy38 · Post by **Happy38** » Mon Mar 11, 2019 11:37 am

Thank you so much to all seniors. I will update when I would get my AR decision.

Happy38 · Post by **Happy38** » Tue Mar 26, 2019 5:02 pm

Respected members, here is an update for my application.
We applied as a team, my team member had phone call today from home office for interview.
I haven't heard back yet from HO regarding my AR
Does anyone had same experience?

saintpaul99 · Post by **saintpaul99** » Sat Apr 13, 2019 9:19 pm

Happy38 wrote: ↑
Tue Mar 26, 2019 5:02 pm
Respected members, here is an update for my application.
We applied as a team, my team member had phone call today from home office for interview.
I haven't heard back yet from HO regarding my AR
Does anyone had same experience?

Hi Happy38,
Hope u got /signed your Interview Letter,
I know more about this.But,could u provide points like Type of Visa/Application you applied,dates of AR-refusal?
Wish u Good Luck!

CR001 · Post by **CR001** » Sun Apr 14, 2019 6:01 am

saintpaul99 wrote: ↑
Sat Apr 13, 2019 9:19 pm
Hi Happy38,
Hope u got /signed your Interview Letter,
I know more about this.But,could u provide points like Type of Visa/Application you applied,dates of AR-refusal?
Wish u Good Luck!

Have you actually read the whole thread???

The user has posted in the tier 1 entrepreneur visa sub forum. So clearly a tier 1 Extension!!!

Happy38 · Post by **Happy38** » Wed Apr 17, 2019 5:28 pm

Respected senior members
Here is an update about my application. I received full £80 Admin review refund yesterday but haven't heard anything from HO. What is this mean ? Advice would be much appreciated.

saintpaul99 · Post by **saintpaul99** » Wed Apr 24, 2019 2:50 am

Happy38 wrote: ↑
Wed Apr 17, 2019 5:28 pm
Respected senior members
Here is an update about my application. I received full £80 Admin review refund yesterday but haven't heard anything from HO. What is this mean ? Advice would be much appreciated.

Hi,
You can call 0300 UKVI contactNo or follow instructions put on your letter/email received from HO.
Did u get ur BRP?
GoodLuck!

Happy38 · Post by **Happy38** » Wed Apr 24, 2019 9:53 pm

Hi
I just received AR fee refund on 16.04.19, Still waiting for decision. Thanks

Happy38 · Post by **Happy38** » Fri Apr 26, 2019 11:24 am

Respected Zimba,marcnath and all senior members,

I emailed HO about my AR Decision and received reply that they have posted my AR decision on 16.04.19 and HO saying that Royal Mail track and trace confirms receipt of AR decision letter by my legal representative on 18.04.19.but my solicitor said they haven't received any letter for me.

What step should i take now as I already requested tracking number from HO by email yesterday. Your advise will be much appreciated.
Thank you in advance

marcnath · Post by **marcnath** » Fri Apr 26, 2019 1:05 pm

Happy38 wrote: ↑
Fri Apr 26, 2019 11:24 am
Respected Zimba,marcnath and all senior members,

I emailed HO about my AR Decision and received reply that they have posted my AR decision on 16.04.19 and HO saying that Royal Mail track and trace confirms receipt of AR decision letter by my legal representative on 18.04.19.but my solicitor said they haven't received any letter for me.

What step should i take now as I already requested tracking number from HO by email yesterday. Your advise will be much appreciated.
Thank you in advance

You should be able to view the signature of the receipt on the royal mail website if the service required a signature. Then check with your solicitor

Happy38 · Post by **Happy38** » Fri Apr 26, 2019 2:04 pm

Thank you so much marcnath for prompt reply. I am still waiting for HO to send me tracking number.

I had full £80 AR refund on 16.04.19. Why they refund me AR fee?

Thank you in Advance

marcnath · Post by **marcnath** » Fri Apr 26, 2019 2:27 pm

Happy38 wrote: ↑
Fri Apr 26, 2019 2:04 pm
Thank you so much marcnath for prompt reply. I am still waiting for HO to send me tracking number.

I had full £80 AR refund on 16.04.19. Why they refund me AR fee?

Thank you in Advance

Fees are refunded when AR is successful generally, but wait for official letter.

Happy38 · Post by **Happy38** » Mon Apr 29, 2019 3:58 pm

Respected Marcnath and all senior members

My solicitor have found the AR decision letter and outcome is positive. Decision is overturned and my application been sent back to original case worker.

"We have carefully considered your application for admin review. We have found that the original decision maker have made an error when considering your application. We have therefore withdrawn the original decision"

Don't know whether they have found the bank statements or they will ask to provide. I will update as soon as I receive anything from HO.
Thanks

Happy38 · Post by **Happy38** » Tue Jun 18, 2019 6:50 pm

Respected Senior members,

I applied tier 1 graduate entrepreneur Extension as a team: April 2017
Interviewed: September 2017
Refused (credibility/genuineness): october 2017
AR applied (within 14 days)
AR refused: November 2017
PAP (within 14 days of AR refusal) December 2017

Applied Fresh application: December 2017
Received Partial refund: 26 June 2018
Refused March 2019: home office couldn't find my bank statements
AR applied ( within 14 days )

Team member received phone call for interview: 27 march 2019
Interviewed on 18 April 2019
My Decision overturned: 19 April 2019

Nothing heared from HO yet.

My question is we are running business for 6 years and I am completing 10 years in September 2019, am I eligible for ilr either way??
I thank you in advance

marcnath · Post by **marcnath** » Tue Jun 18, 2019 8:12 pm

Happy38 wrote: ↑
Tue Jun 18, 2019 6:50 pm
Respected Senior members,

I applied tier 1 graduate entrepreneur Extension as a team: April 2017
Interviewed: September 2017
Refused (credibility/genuineness): october 2017
AR applied (within 14 days)
AR refused: November 2017
PAP (within 14 days of AR refusal) December 2017

Applied Fresh application: December 2017
Received Partial refund: 26 June 2018
Refused March 2019: home office couldn't find my bank statements
AR applied ( within 14 days )

Team member received phone call for interview: 27 march 2019
Interviewed on 18 April 2019
My Decision overturned: 19 April 2019

Nothing heared from HO yet.

My question is we are running business for 6 years and I am completing 10 years in September 2019, am I eligible for ilr either way??
I thank you in advance

Yes, you can vary your application to ILR(LR) when you are eligible if a decision is not made at that time

Happy38 · Post by **Happy38** » Tue Jun 18, 2019 8:53 pm

Thank you so much marcnath for prompt response. I really appreciate it.

Happy38 · Post by **Happy38** » Tue Jun 25, 2019 12:28 pm

Respected senior members,

Here is Ann update about case. I received an email yesterday from case worker requesting bank statement as below:

"Dear ....

We are currently re-considering your Tier 1 Entrepreneur application and are requesting you provide the following:

Personal bank statements that cover the period 13 September 2017 to 12 October 2017

We acknowledge receipt of your bank statements for the period 12 October 2017 to 12 December 2017 however these do not cover the required 90 day period as per Appendix C, 1A(b) of the Immigration Rules.

Please note that we are only able to accept the documents received within UK Border Agency within 5 working days of this email. We therefore strongly recommend that you send the documents by special next day delivery or reply as a matter of urgency to this email.

No further extension will be given if the requested information is not provided within the five days. Documents must be sent to the following address"

I posted documents straight away and emailed them too.

Can I take it as a positive sign ??

zimba · Post by **zimba** » Tue Jun 25, 2019 3:35 pm

It might be that by giving them the documents they are happy to grant the visa

Happy38 · Post by **Happy38** » Wed Jun 26, 2019 8:50 am

Thank you Zimba, hope I get through this time. It's been 27 months

Happy38 · Post by **Happy38** » Fri Aug 09, 2019 6:47 pm

Good evening to respected members of this forum and I thank you so much for all for valuable advice.

My second application for extention was approved and I am applying for ilr soon. My question is do I need to mention all my history of these 27 months of first application of extention ( reason of refusals, AR, PAP) and then second application (reason of refusal, AR) in covering letter when I will apply for ilr ?

Advice would be much appriacited. I Thank you in advance

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