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after 8 months waiting.refused.with strange reason..

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

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speshow
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after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 9:16 pm

Hello everyone,

I got my refuse letter, after 8 months waiting...but Homeoffice seems like made wrong my visa type! they refused me because now I am T4 and I switch to T1E....amazing... I am doing T1E extension....Today my lawyer already did AR for me. They put the wrong rule for me ....anyone knows what happen for homeoffice ?

The below one is the only one refuse reason , it like other person refuse reason HO put in my case.

Paragraph 36A of Appendix A of Immigration rule, states that an applicant who is apply for leave to remain as Tire1 (entrepreneur) Migrant and has, or was last granted, entry clearance, leave to enter to remain as Tire4
will only be awarded points under the provisions in (b) (ii) or(b) (iii) in table 4:

ii:one or more UK Entreprenurial seed funding competitions which is listed as endorsedon the UK TRADE&Investment webiste or
iii:uk governament Departments, or Devolved Government............

(My initial was apply in 10/2012,,, I never apply for goverment funds....amazing...)


you have not provided any evidence to show that the funds invested in to the company has originated from one of the source listed above as specified at 46 -SD(a) (iv)
(a) the applicant must provide all the documents needed to establish the amount of money he has invested from the following list:

(iv) If the applicant is claiming points for investing 50,000 from a Venture capital firm, seed funding competition or Uk Government department......( I never heared about seed funding?? and I was 200,000 not 50,000, and I used all money from my parents .......)

anyone knows what happen for me ...

Hiuk7777
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Posts: 28
Joined: Wed Dec 07, 2016 9:31 am

Re: after 8 months waiting.refused.with strange reason..

Post by Hiuk7777 » Tue Dec 13, 2016 9:33 pm

Oh my god! What are they really doing now?

Do u have interview before and during your interview did they mention your visa type?0

speshow
Junior Member
Posts: 51
Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 9:37 pm

Hiuk7777 wrote:Oh my god! What are they really doing now?

Do u have interview before and during your interview did they mention your visa type?0

Yes, I did my interview on 7th July, all questions about T1E extension .........like all the person.....

For the other parts.... job creation , business activities .....they give me the points...

only the investment parts they give me 0! because the reason I listed.....

mcr2013
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Re: after 8 months waiting.refused.with strange reason..

Post by mcr2013 » Tue Dec 13, 2016 9:41 pm

i have a feeling ur solicitor messed about with u. most of the solicitor when they print the covering letter they really don't look properly they don't change the name and wording and visa type. it could be because of that. it happens with many people even they don't show u till last time. they just keep saying don't worry this is our routine matter we know our job i get mr x visa in 5 weeks. so i think ur covering letter or any document submitted by ur solicitor is wrongly interpreted. wish u best of luck. i wish and pray u get this tense situation ASAP.

speshow
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Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 9:46 pm

mcr2013 wrote:i have a feeling ur solicitor messed about with u. most of the solicitor when they print the covering letter they really don't look properly they don't change the name and wording and visa type. it could be because of that. it happens with many people even they don't show u till last time. they just keep saying don't worry this is our routine matter we know our job i get mr x visa in 5 weeks. so i think ur covering letter or any document submitted by ur solicitor is wrongly interpreted. wish u best of luck. i wish and pray u get this tense situation ASAP.

thanks your reply. but my solicitor very carefully, she done my initial visa , I checked all documents including the cover letter, all right very clear. Its homeoffice mistake. not the solictor. refuse letter cover page showed now I am Tire1 ...only this refuse reason like copy others case reason...

seasky
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Re: after 8 months waiting.refused.with strange reason..

Post by seasky » Tue Dec 13, 2016 9:50 pm

mcr2013 wrote:i have a feeling ur solicitor messed about with u. most of the solicitor when they print the covering letter they really don't look properly they don't change the name and wording and visa type. it could be because of that. it happens with many people even they don't show u till last time. they just keep saying don't worry this is our routine matter we know our job i get mr x visa in 5 weeks. so i think ur covering letter or any document submitted by ur solicitor is wrongly interpreted. wish u best of luck. i wish and pray u get this tense situation ASAP.
Any business leader (entrepreneur...) who does not read and fully comment on solicitors cover letter does not deserve to run a business in the UK.

seasky
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Re: after 8 months waiting.refused.with strange reason..

Post by seasky » Tue Dec 13, 2016 9:52 pm

speshow wrote:Hello everyone,

I got my refuse letter, after 8 months waiting...but Homeoffice seems like made wrong my visa type! they refused me because now I am T4 and I switch to T1E....amazing... I am doing T1E extension....Today my lawyer already did AR for me. They put the wrong rule for me ....anyone knows what happen for homeoffice ?

The below one is the only one refuse reason , it like other person refuse reason HO put in my case.

Paragraph 36A of Appendix A of Immigration rule, states that an applicant who is apply for leave to remain as Tire1 (entrepreneur) Migrant and has, or was last granted, entry clearance, leave to enter to remain as Tire4
will only be awarded points under the provisions in (b) (ii) or(b) (iii) in table 4:

ii:one or more UK Entreprenurial seed funding competitions which is listed as endorsedon the UK TRADE&Investment webiste or
iii:uk governament Departments, or Devolved Government............

(My initial was apply in 10/2012,,, I never apply for goverment funds....amazing...)


you have not provided any evidence to show that the funds invested in to the company has originated from one of the source listed above as specified at 46 -SD(a) (iv)
(a) the applicant must provide all the documents needed to establish the amount of money he has invested from the following list:

(iv) If the applicant is claiming points for investing 50,000 from a Venture capital firm, seed funding competition or Uk Government department......( I never heared about seed funding?? and I was 200,000 not 50,000, and I used all money from my parents .......)

anyone knows what happen for me ...
Were you ever a T4? (just trying to isolate the issue. Ridiculous)

speshow
Junior Member
Posts: 51
Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 9:56 pm

seasky wrote:
speshow wrote:Hello everyone,

I got my refuse letter, after 8 months waiting...but Homeoffice seems like made wrong my visa type! they refused me because now I am T4 and I switch to T1E....amazing... I am doing T1E extension....Today my lawyer already did AR for me. They put the wrong rule for me ....anyone knows what happen for homeoffice ?

The below one is the only one refuse reason , it like other person refuse reason HO put in my case.

Paragraph 36A of Appendix A of Immigration rule, states that an applicant who is apply for leave to remain as Tire1 (entrepreneur) Migrant and has, or was last granted, entry clearance, leave to enter to remain as Tire4
will only be awarded points under the provisions in (b) (ii) or(b) (iii) in table 4:

ii:one or more UK Entreprenurial seed funding competitions which is listed as endorsedon the UK TRADE&Investment webiste or
iii:uk governament Departments, or Devolved Government............

(My initial was apply in 10/2012,,, I never apply for goverment funds....amazing...)


you have not provided any evidence to show that the funds invested in to the company has originated from one of the source listed above as specified at 46 -SD(a) (iv)
(a) the applicant must provide all the documents needed to establish the amount of money he has invested from the following list:

(iv) If the applicant is claiming points for investing 50,000 from a Venture capital firm, seed funding competition or Uk Government department......( I never heared about seed funding?? and I was 200,000 not 50,000, and I used all money from my parents .......)

anyone knows what happen for me ...
Were you ever a T4? (just trying to isolate the issue. Ridiculous)

yes, when I first time apply T1 E four years ago, I was T4. I apply 200k and got visa. I near used government funding.....

Hiuk7777
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Posts: 28
Joined: Wed Dec 07, 2016 9:31 am

Re: after 8 months waiting.refused.with strange reason..

Post by Hiuk7777 » Tue Dec 13, 2016 10:01 pm

speshow wrote:
Hiuk7777 wrote:Oh my god! What are they really doing now?

Do u have interview before and during your interview did they mention your visa type?0

Yes, I did my interview on 7th July, all questions about T1E extension .........like all the person.....

For the other parts.... job creation , business activities .....they give me the points...

only the investment parts they give me 0! because the reason I listed.....
Don't worry.

I believe your AR will be successful as they made such a silly decision. And the good sign is you will get a positive feedback within one month.

Keep calm and carry on.

seasky
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Re: after 8 months waiting.refused.with strange reason..

Post by seasky » Tue Dec 13, 2016 10:26 pm

speshow wrote:

yes, when I first time apply T1 E four years ago, I was T4. I apply 200k and got visa. I near used government funding.....
I have little knowledge of T4-->T1E process, just trying to walk through the process of figuring out whats going on here. From the rules you quoted above it seem the issue is you should not have received your -original- T1E leave, because you did not meet the rules T4-->T1E must be from gov't/vc CANNOT be another source of £200k. See (https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds)

Of course this only stands based on the rules in place in 10/2012 (which raise a question, arent you a year late in extending?)

If this is the case (I could be very wrong), the issue is that even though the HO made a mistake back then and erroneously gave you a visa what rules are there that they should forget that and move on.

speshow
Junior Member
Posts: 51
Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 10:32 pm

seasky wrote:
speshow wrote:

yes, when I first time apply T1 E four years ago, I was T4. I apply 200k and got visa. I near used government funding.....
I have little knowledge of T4-->T1E process, just trying to walk through the process of figuring out whats going on here. From the rules you quoted above it seem the issue is you should not have received your -original- T1E leave, because you did not meet the rules T4-->T1E must be from gov't/vc CANNOT be another source of £200k. See (https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds)

Of course this only stands based on the rules in place in 10/2012 (which raise a question, arent you a year late in extending?)

If this is the case (I could be very wrong), the issue is that even though the HO made a mistake back then and erroneously gave you a visa what rules are there that they should forget that and move on.[/quote

I apply my intial visa on about 30/10/2012 and get visa on middle of march, 2013, if I not meet the t4 to t1e why they give me visa .....now I extension my T1E they seems like back to initial ?

speshow
Junior Member
Posts: 51
Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 10:34 pm

speshow wrote:
seasky wrote:
speshow wrote:Hello everyone,

I got my refuse letter, after 8 months waiting...but Homeoffice seems like made wrong my visa type! they refused me because now I am T4 and I switch to T1E....amazing... I am doing T1E extension....Today my lawyer already did AR for me. They put the wrong rule for me ....anyone knows what happen for homeoffice ?

The below one is the only one refuse reason , it like other person refuse reason HO put in my case.

Paragraph 36A of Appendix A of Immigration rule, states that an applicant who is apply for leave to remain as Tire1 (entrepreneur) Migrant and has, or was last granted, entry clearance, leave to enter to remain as Tire4
will only be awarded points under the provisions in (b) (ii) or(b) (iii) in table 4:

ii:one or more UK Entreprenurial seed funding competitions which is listed as endorsedon the UK TRADE&Investment webiste or
iii:uk governament Departments, or Devolved Government............

(My initial was apply in 10/2012,,, I never apply for goverment funds....amazing...)


you have not provided any evidence to show that the funds invested in to the company has originated from one of the source listed above as specified at 46 -SD(a) (iv)
(a) the applicant must provide all the documents needed to establish the amount of money he has invested from the following list:

(iv) If the applicant is claiming points for investing 50,000 from a Venture capital firm, seed funding competition or Uk Government department......( I never heared about seed funding?? and I was 200,000 not 50,000, and I used all money from my parents .......)

anyone knows what happen for me ...
Were you ever a T4? (just trying to isolate the issue. Ridiculous)

yes, when I first time apply T1 E four years ago, I was T4. I apply 200k and got visa. I near used government funding.....
I mean never used government funding..... :? not near used. all my 200k funds from my parents and I invested 220k in my business during this three years.

speshow
Junior Member
Posts: 51
Joined: Sat May 14, 2016 4:55 pm

Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Tue Dec 13, 2016 10:49 pm

speshow wrote:
seasky wrote:
speshow wrote:

yes, when I first time apply T1 E four years ago, I was T4. I apply 200k and got visa. I near used government funding.....
I have little knowledge of T4-->T1E process, just trying to walk through the process of figuring out whats going on here. From the rules you quoted above it seem the issue is you should not have received your -original- T1E leave, because you did not meet the rules T4-->T1E must be from gov't/vc CANNOT be another source of £200k. See (https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds)

Of course this only stands based on the rules in place in 10/2012 (which raise a question, arent you a year late in extending?)

If this is the case (I could be very wrong), the issue is that even though the HO made a mistake back then and erroneously gave you a visa what rules are there that they should forget that and move on.[/quote

I apply my intial visa on about 30/10/2012 and get visa on middle of march, 2013, if I not meet the t4 to t1e why they give me visa .....now I extension my T1E they seems like back to initial ?
I can get your point, all the T4 can switch to t1E apply before the 20/12/2012 , after that date must go back home country to apply . I applied visa before this date and get visa.... many my friend get visa T4 to T1e before this date apply...... Now T4 can't use own source to apply T1E in the uk. so maybe homeoffice mistake on this point ....maybe I really don't know them.

seasky
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Re: after 8 months waiting.refused.with strange reason..

Post by seasky » Tue Dec 13, 2016 11:03 pm

speshow wrote: I can get your point, all the T4 can switch to t1E apply before the 20/12/2012 , after that date must go back home country to apply . I applied visa before this date and get visa.... many my friend get visa T4 to T1e before this date apply...... Now T4 can't use own source to apply T1E in the uk. so maybe homeoffice mistake on this point ....maybe I really don't know them.
It is worth raising that point in the AR that maybe that is what CO was thinking.

FSD
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Re: after 8 months waiting.refused.with strange reason..

Post by FSD » Wed Dec 14, 2016 4:06 am

it seems that you can win AR if you explain the situation like first you got visa as T4 in the year... Then on the date ...you applied for T1 (rule...)and get visa as T1. This is T1 extension and not switching visa from T4 to T1.... but wording should be very clear so CW can understand your point easily. Hope you will get Extension.
Good luck

Anna2016
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Re: after 8 months waiting.refused.with strange reason..

Post by Anna2016 » Wed Dec 14, 2016 9:28 am

The decision was quite funny, please don't worry my friend, go through the AR, you will be succeed otherwise take them to the court.

awan905
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Re: after 8 months waiting.refused.with strange reason..

Post by awan905 » Wed Dec 14, 2016 10:16 am

Apply for AR and explain them everything, I hope you will get positive reply.
The problem which we are facing is that, the HO needs funds and they are even rejecting application for minor or silly reasons, just to get extra funds.

noajthan
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Location: UK

Re: after 8 months waiting.refused.with strange reason..

Post by noajthan » Wed Dec 14, 2016 1:40 pm

awan905 wrote:Apply for AR and explain them everything, I hope you will get positive reply.
The problem which we are facing is that, the HO needs funds and they are even rejecting application for minor or silly reasons, just to get extra funds.
Unclear what this may be based upon.

The only funds HO requires in an immigration context is so as to reduce hard-pressed taxpayer contributions towards the border, immigration and citizenship system.
UK Gov's stated aim is to ensure that by 2019–2020 the system is self funded by those who use (and/or abuse) it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

awan905
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Re: after 8 months waiting.refused.with strange reason..

Post by awan905 » Wed Dec 14, 2016 3:29 pm

noajthan wrote:
awan905 wrote:Apply for AR and explain them everything, I hope you will get positive reply.
The problem which we are facing is that, the HO needs funds and they are even rejecting application for minor or silly reasons, just to get extra funds.
Unclear what this may be based upon.

The only funds HO requires in an immigration context is so as to reduce hard-pressed taxpayer contributions towards the border, immigration and citizenship system.
UK Gov's stated aim is to ensure that by 2019–2020 the system is self funded by those who use (and/or abuse) it.
One who are already running business properly, they are paying huge amount in form of taxes and VAT. We are having positive contribution in UK economy so instead of putting hurdles in our way they should facilitate us. However they are making the visa process very tough and even on this forum number of applicants got refusal for nominal reasons and when they paid the fee again for 2nd application , visa got approved,................so what does this mean................HO is simply generating more money from us.
I am pasting a link below though it is nt relevant to us but it shows what HO is aiming for. Last week court has order HO not to increase the fee and charge the old one because this increase doesnot make any sense.
https://www.freemovement.org.uk/massive ... -proposed/

speshow
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Re: after 8 months waiting.refused.with strange reason..

Post by speshow » Wed Dec 14, 2016 7:18 pm

Thanks everyone reply . I hope I will win AR. Actually, I already been U.K. 10 years 4 months .. Home office refuse letter listed me 10years all visa type .. .maybe they don't want me have 10 years PR, but I near want to apply PR for 10 years . Bacause I out of uk days over the 540days during 10 years. So hope I can win AR.

noajthan
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Location: UK

Re: after 8 months waiting.refused.with strange reason..

Post by noajthan » Wed Dec 14, 2016 7:27 pm

awan905 wrote:One who are already running business properly, they are paying huge amount in form of taxes and VAT. We are having positive contribution in UK economy so instead of putting hurdles in our way they should facilitate us. However they are making the visa process very tough and even on this forum number of applicants got refusal for nominal reasons and when they paid the fee again for 2nd application , visa got approved,................so what does this mean................HO is simply generating more money from us.
...
The visa applicants who comply with rules and requirements are facilitated - they get approvals.
The rest who fail may leave or switch if able to do so.
T1 is due for major overhaul anyway due to past misuse and failings of the system.

I'm a consumer paying VAT (until UK leaves EU anyway) and a general taxpayer too but I don't get discounts on all the government or state services that I consume - and I don't expect to do so.
If someone applies twice it means they have to be processed twice too. Wider community of taxpayers should not have to cross-subsidise that.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mcr2013
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Re: after 8 months waiting.refused.with strange reason..

Post by mcr2013 » Wed Dec 14, 2016 8:54 pm

wish u best of luck

hamalt66
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Re: after 8 months waiting.refused.with strange reason..

Post by hamalt66 » Fri Dec 23, 2016 7:00 am

noajthan wrote:
awan905 wrote:One who are already running business properly, they are paying huge amount in form of taxes and VAT. We are having positive contribution in UK economy so instead of putting hurdles in our way they should facilitate us. However they are making the visa process very tough and even on this forum number of applicants got refusal for nominal reasons and when they paid the fee again for 2nd application , visa got approved,................so what does this mean................HO is simply generating more money from us.
...
The visa applicants who comply with rules and requirements are facilitated - they get approvals.
The rest who fail may leave or switch if able to do so.
T1 is due for major overhaul anyway due to past misuse and failings of the system.

I'm a consumer paying VAT (until UK leaves EU anyway) and a general taxpayer too but I don't get discounts on all the government or state services that I consume - and I don't expect to do so.
If someone applies twice it means they have to be processed twice too. Wider community of taxpayers should not have to cross-subsidise that.
Noajthan, I understand the need to prevent misuse and exploitation of this route, but don't you think that genuine entrepreneurs might suffer greatly by extremely strict procedures? Entrepreneur are humans too, they might have missed submitting a certain document by error during application or perhabs their solicitor made an error and maybe they deserve a second chance, at least would be a good will gesture and an encouraging one if they were contacted first to ask for a certain missing document to be sent to home office within a week or two, instead of just sending a letter of refusal straight away! HO can send inspectors to certain cases to establish if the business was genuine and it could be unannounced so that they see for themselves if the buisness is a genuine one!

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