Tier-1 Entrepreneur VISA extension refused

Shanti2017 · Post by **Shanti2017** » Sat Mar 04, 2017 7:38 am

Hi,
My Tier- 1 entrepreneur visa extension has refused.
Reasons -
1. not submitting FPS. Although All proper payslips , p60 , p45 , HMRC tax details given

2. Not showing fund from directly transferred from my personal account. However, for my 2 companies - company -1 I have transferred 16k and my partner transfered 14k + I transferred 30K fro my company - 2 to company - 1 as official investment (so total investment transferred 60k our is PSW 50k route). We have shown investment of 82k for company - 1 and 37k for company - 2 considering all the genuine R&D , rent , employee , taxes etc..and other investments through out the whole 3 years of time.

3. Company - 1 had given share certificate for 2 directors £1 each and company 2 where me and my wife is director had not given any share certificate..

My Questions :
1. What should I do now ?
2. Was there any necessity to have any director's loan etc..?
3. Do I need share certificate for my second company ?
4. Shall I go for a fresh application or AR ?

tier1in2014 · Post by **tier1in2014** » Sat Mar 04, 2017 10:53 am

Shanti2017 wrote:Hi,
My Tier- 1 entrepreneur visa extension has refused.
Reasons -
1. not submitting FPS. Although All proper payslips , p60 , p45 , HMRC tax details given

2. Not showing fund from directly transferred from my personal account. However, for my 2 companies - company -1 I have transferred 16k and my partner transfered 14k + I transferred 30K fro my company - 2 to company - 1 as official investment (so total investment transferred 60k our is PSW 50k route). We have shown investment of 82k for company - 1 and 37k for company - 2 considering all the genuine R&D , rent , employee , taxes etc..and other investments through out the whole 3 years of time.

3. Company - 1 had given share certificate for 2 directors £1 each and company 2 where me and my wife is director had not given any share certificate..

My Questions :
1. What should I do now ?
2. Was there any necessity to have any director's loan etc..?
3. Do I need share certificate for my second company ?
4. Shall I go for a fresh application or AR ?

There is no replacement for FPS . Even without proper format FPS you can't claim any points. For investment need more details how did you invest your money did you went with share holder or directors loan option .

awan905 · Post by **awan905** » Sat Mar 04, 2017 1:23 pm

For investment you need to do payment directly from your personal account to business account , paying the money from company one to company two is not your investment. It is considered that one company is loaning to other company.

zimba · Post by **zimba** » Sat Mar 04, 2017 3:24 pm

Another refusal for failure to follow the rules/guide

1. What should I do now ?

Start reading the official guide: https://www.gov.uk/government/publicati ... trepreneur

2. Was there any necessity to have any director's loan etc..?

Read the official guide several times !

3. Do I need share certificate for my second company ?

Share certificates are NOT acceptable evidence of anything. Read the official guide

4. Shall I go for a fresh application or AR ?

If you need to buy some time to read and prepare the required documents you can go for AR, but you have no case

Shanti2017 · Post by **Shanti2017** » Sun Mar 05, 2017 4:59 pm

Thnx for your reply.

Please comment and advice :
1. Although I had invested - £15300 in account transfer from personal to business + £38000 Cash deposit from my personal to same business(its showing withdrawal date and time in my personal statements and business statements as well) - However this 38k I deposited before I got my first VISA approval to show the existing of fund -
Questions : Is this 38K as my direct investment before getting my first application approved is considerable ?

2.I also did not take my salary after tax worth 25k in last three years.
Question : Is this money is considered as my direct investment as well ?

3. I have also transferred personal to another business 6K.
Therefore, will this be considered as - over all investment is - far above 50K ?

4. My accountant use 12pay and the FPS came in .XML file - can I now give it to AR ? Its look like in a distorted coding presentation. ?

5. But I have also got a Payment Summary Report for every single month for all the employees - can I use it as well ?

6. Should I go for a fresh application ?

7. My partner also invested around 50K in the business - so is there any need to change the share certificate ?

Please DO REPLY its really very urgent...thnx

FSD · Post by **FSD** » Sun Mar 05, 2017 5:35 pm

First of all please read the guideline many times so you would know what to do. you are too much relying on people advice rather than HO guideline.

1. Although I had invested - £15300 in account transfer from personal to business + £38000 Cash deposit from my personal to same business(its showing withdrawal date and time in my personal statements and business statements as well) - However this 38k I deposited before I got my first VISA approval to show the existing of fund -
Questions : Is this 38K as my direct investment before getting my first application approved is considerable ?

Ans: If this money (38k) was accepted by HO as investment then you can show previous evidences that money is part of investment. Secondly there is clear guide line how to invest money as DL must read that.

2.I also did not take my salary after tax worth 25k in last three years.
Question : Is this money is considered as my direct investment as well ?

Ans: I think that is part of profit not your investment because money remained in your business generated by the business.

3. I have also transferred personal to another business 6K.
Therefore, will this be considered as - over all investment is - far above 50K ?
Ans: if you can prove that money was transferred personal account to business account then it should be a valid investment but i am not clear about your investment procedure as you are talking about two companies.

4. My accountant use 12pay and the FPS came in .XML file - can I now give it to AR ? Its look like in a distorted coding presentation. ?
There are images available on the forum about FPS format, could be different but must have required information as different softwares generate different format.

5. But I have also got a Payment Summary Report for every single month for all the employees - can I use it as well ?
No alternative for FPS, this mandatory document. Again read guideline

6. Should I go for a fresh application ?
you can apply for AR to avail time and in the meantime you can prepare your fresh application.

7. My partner also invested around 50K in the business - so is there any need to change the share certificate ?
you can claim that money as well because HO consider all valid investments coming from each partner. They see how much in total has been invested. Seniors members can correct me if i am not correct

sm12 · Post by **sm12** » Mon Mar 06, 2017 11:58 am

Shanti2017 wrote:Thnx for your reply.

Please comment and advice :
1. Although I had invested - £15300 in account transfer from personal to business + £38000 Cash deposit from my personal to same business(its showing withdrawal date and time in my personal statements and business statements as well) - However this 38k I deposited before I got my first VISA approval to show the existing of fund -
Questions : Is this 38K as my direct investment before getting my first application approved is considerable ?
For the 15300 transfer, if your name is showing in the business bank statement, it is ok. The transactions should be readily identifiable. But for 38,000, I think this might be a problem, because HO expects direct transfers rather than deposits. Are you saying you deposited cash at the bank, rather than directly transfering funds from your personal account? What does the reference say?
2.I also did not take my salary after tax worth 25k in last three years.
Question : Is this money is considered as my direct investment as well ?

You didn't take a salary and left it in the business? No, that is not investment. If someone withdraws a salary from revenue/profit and then puts it back into the business, that could potentially be taken as investment.

3. I have also transferred personal to another business 6K.
Therefore, will this be considered as - over all investment is - far above 50K ?
If the transactions are clearly identifiable from personal to business accounts, then you might be able to use it.
4. My accountant use 12pay and the FPS came in .XML file - can I now give it to AR ? Its look like in a distorted coding presentation. ?
No, the HO wants a report which shows what was submitted to the HMRC, not the XML files. Your accountant can help you prepare regular reports.
5. But I have also got a Payment Summary Report for every single month for all the employees - can I use it as well ?
You cannot use it in place of FPS reports.
6. Should I go for a fresh application ?
You could try for AR first, and in the meantime prepare your new application.
7. My partner also invested around 50K in the business - so is there any need to change the share certificate ? Can you please confirm whether this person is your Tier 1 Entrepreneur partner? I mean, did you apply for the visa as a team? If yes, then yes, his 50K investment can be shared with you.

Please DO REPLY its really very urgent...thnx

sm12 · Post by **sm12** » Mon Mar 06, 2017 12:07 pm

Shanti2017, please have a look at this thread about FPS. Zimba88 has made some suggestions and has posted the Moneysoft format, which is acceptable. Please also ensure that you submit reports which show the start dates and end dates. Someone on the site said that 12Pay does not show start dates and end dates of when employees started and finished working with the business.

http://www.immigrationboards.com/uk-tie ... s#p1422152

Momi · Post by **Momi** » Mon Mar 06, 2017 1:31 pm

There are just few points which are mention in policy guidance but really sorry you haven't followed them.

Shanti2017 wrote:Hi,
My Tier- 1 entrepreneur visa extension has refused.
Reasons -
1. not submitting FPS. Although All proper payslips , p60 , p45 , HMRC tax details given

2. Not showing fund from directly transferred from my personal account. However, for my 2 companies - company -1 I have transferred 16k and my partner transfered 14k + I transferred 30K fro my company - 2 to company - 1 as official investment (so total investment transferred 60k our is PSW 50k route). We have shown investment of 82k for company - 1 and 37k for company - 2 considering all the genuine R&D , rent , employee , taxes etc..and other investments through out the whole 3 years of time.

3. Company - 1 had given share certificate for 2 directors £1 each and company 2 where me and my wife is director had not given any share certificate..

My Questions :
1. What should I do now ?
2. Was there any necessity to have any director's loan etc..?
3. Do I need share certificate for my second company ?
4. Shall I go for a fresh application or AR ?

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