Tier 1 Visa extention refused

Hi. My extention was just refused on the ground that I did not provide evidence to show when the settled worker started working with me , even though I provided the full payment submission for the 2 workers for over 2 years they have been working for me. I am torn between doing a judicial review or a new application. Can anybody advice me on which further document I need to include to show the employees start date apart from the FPS .?

Sorry to hear your application outcome. I sent P46's as well along with RTS submissions and contracts between Employee & Employer mentioning start date. I sent them as extra documents don't know what will UKVI comes up with.

Have you sent employees passport copies to show they are settle workers ??.

Can you please provide more details on your refusal. On what immigration rule have they refused you.

The Druid wrote:Hi. My extention was just refused on the ground that I did not provide evidence to show when the settled worker started working with me , even though I provided the full payment submission for the 2 workers for over 2 years they have been working for me. I am torn between doing a judicial review or a new application. Can anybody advice me on which further document I need to include to show the employees start date apart from the FPS .?

Did your fps show the start date of the employee

They relied on para 46SD h and i. The FPS on its face did not show start date. But we added the employee details page which you fill when adding an employee to th FPS at the first time, that document has the start date.

The Druid wrote:Hi. My extention was just refused on the ground that I did not provide evidence to show when the settled worker started working with me , even though I provided the full payment submission for the 2 workers for over 2 years they have been working for me. I am torn between doing a judicial review or a new application. Can anybody advice me on which further document I need to include to show the employees start date apart from the FPS .?

Sorry to hear that and this is such a shame that home office is not much clear about these point. Though they mention the documents in application which you need to submit in order to get 20 points for this but still they are refusing some of the applications. May I know which software your accountant in using and also when did he started submitting FPS, because in some cases start date doesnot come in FPS if it is started late, however in order to cover this you can also submit P45, P60 and especially P11, because P11 clearly shows that start and leaving date of the employee. Further if you got the contract copies that is better.

You can apply for AR and there are some chances that they will over turn this decision, because on this forum another guy got refusal based on same points and later in AR , his application was accepted.

You need to show the start date of all your employees which you are claiming points for regardless of the period of their employment. This is to ensure that they were hired when you were a director in that business. HO only accepts FPS reports that show starter/leavers dates as a proof of this.

Sample FPS showing start date: http://www.moneysoft.co.uk/images/guide ... 55x457.png

The Druid wrote:They relied on para 46SD h and i. The FPS on its face did not show start date. But we added the employee details page which you fill when adding an employee to th FPS at the first time, that document has the start date.

Go for admin review first before new application .

zimba88 wrote:You need to show the start date of all your employees which you are claiming points for regardless of the period of their employment. This is to ensure that they were hired when you were a director in that business. HO only accepts FPS reports that show starter/leavers dates as a proof of this.

Sample FPS showing start date: http://www.moneysoft.co.uk/images/guide ... 55x457.png

If start date is not mentioned in FPS for the employees who started and left before the accountant started submitting REAL TIME SUBMISSION (which started in April 2013), can we not submit P11, P60 and P45, because in these form the the start and leaving date is also mentioned. The problem here is this that RTS started in april 2013 and some accountants, even in make case started this from 2014. Due to this accountant cannt mention the dates of the employees who started and left before RTS in FPS specially if they are using SAGE. What do you suggest in this case?

From the end of 2013, ALL companies were required by the law to report via RTI. If you employed before that, you need to submit year end payroll tax returns showing the start dates and explaining this in your covering letter that RTI was not available at that time.

See also: http://www.immigrationboards.com/uk-tie ... 09974.html

zimba88 wrote:From the end of 2013, ALL companies were required by the law to report via RTI. If you employed before that, you need to submit year end payroll tax returns showing the start dates and explaining this in your covering letter that RTI was not available at that time.

See also: http://www.immigrationboards.com/uk-tie ... 09974.html

All employees which point are claimed are still in the employ of my company. The software was not indicated by home office as the preferred one.

I would suggest you to go for admin review first. Did you submit any other documents which showed the start date of the employees? You could argue your case using Paragraph 245AA(d)(iii), IF you submitted other documents to show the start date.

My application was rejected on 46-SD (h) (i) too and I went for admin review and it was overturned.

http://www.immigrationboards.com/uk-tie ... l#p1363128

Check this out. It might of some help to you

Thanks all. Admin review sent out yesterday fingers crossed

Best of luck

zimba88 wrote:You need to show the start date of all your employees which you are claiming points for regardless of the period of their employment. This is to ensure that they were hired when you were a director in that business. HO only accepts FPS reports that show starter/leavers dates as a proof of this.

Sample FPS showing start date: http://www.moneysoft.co.uk/images/guide ... 55x457.png

Am preparing a plan B to refile if the AR is refused. Obviously the payroll software used does not state start date. Can you recommend a software with this feature

Moneysoft software is able to do this

...or better still BrightPay Software

Hi guys. I just received a part refund of the NHS surcharge I paid, after I have been refused. What does this mean. Am I not supposed to receive all the surcharge I paid ?

The Druid wrote:Hi guys. I just received a part refund of the NHS surcharge I paid, after I have been refused. What does this mean. Am I not supposed to receive all the surcharge I paid ?

No, that you will get after AR.

awan905 wrote:

The Druid wrote:Hi guys. I just received a part refund of the NHS surcharge I paid, after I have been refused. What does this mean. Am I not supposed to receive all the surcharge I paid ?

No, that you will get after AR.

Thanks.

awan905 wrote:

The Druid wrote:Hi guys. I just received a part refund of the NHS surcharge I paid, after I have been refused. What does this mean. Am I not supposed to receive all the surcharge I paid ?

No, that you will get after AR.

Thanks.

My accountant is having problem on putting a start date in our payroll despite my recommendation of moneysoft to him. Can anyone link me to an accountant that can get me out of this mess as am preparing my plan B to refile in case the AR does not succeed

when are you planning to apply

My accountant is having problem on putting a start date in our payroll despite my recommendation of moneysoft to him. Can anyone link me to an accountant that can get me out of this mess as am preparing my plan B to refile in case the AR does not succeed