Investment must be made 12 months before extension?

My extension is due in august 2017. I am on 50k route and have made 15k investment in July 2016, and rest in June 2017. Now, lawyer said based on the immigration rule below, the investment that counts is the one made not more than 12months before the date of my extension application. This means that the 15k will not count as it was made more than 12months. So, I should reinvest 15k again, if not would not meet the requirement. Is this really true? Any one used investment made more than 12months before their application and got their visa extended? Can someone please explain this bit of the immigration rule.

46. Documentary evidence must be provided in all cases. The specified documents in paragraph 46-SD must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Post-Study Work) Migrant, and any investment made no more than 12 months (or 24 months if the applicant was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application for which the applicant is claiming points

https://www.gov.uk/guidance/immigration ... attributes

evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant

Your investment was made when you had leave, so it qualifies

Kindly check your lawyers ability again, because he is totally wrong. What he is suggesting is for initial application and that is not valid for extension. For extension you can show that you have invested the 50k in your company which can be in any time from date of visa granted till you apply for extension. If you have already invested 50k in your business any time in 3 years of your initial visa you are fine, you just need to show proofs and please check the forum for documents which you need.

Thanks for replies.

Really think it's silly for UKVI to detect when I should invest the money but everything about this visa route is silly already. Just checking, anyone that applied using investment made more than 12months before application date and got their visa extended please share your experience.

Zimba any thoughts? Hoping that other members will share their thoughts too? Thanks

Hope145 wrote:Thanks for replies.

Really think it's silly for UKVI to detect when I should invest the money but everything about this visa route is silly already. Just checking, anyone that applied using investment made more than 12months before application date and got their visa extended please share your experience.

Zimba any thoughts? Hoping that other members will share their thoughts too? Thanks

You or your lawyer seems to have misunderstood something.

UKVI does not dictate when you should invest your money. Obviously, you cannot get a Visa in 2017 if you have invested money in 2000. So they specify a limit of 12 months before "INITIAL" application date. Once you have got your Visa, you can invest at any time - the only condition being that you must have invested it by the time of your renewal.

As an example, if you applied on 1st January 2014 and the Visa was granted on 1st June 2014, then any money invested between 1st January 2013 and 30th September 2017 (assuming you submit your visa extension on the last day of your initial grant of 3 years and 4 months) is a valid investment.

Your lawyers statement that it should be 12 months before extension application is plain wrong !!

As advised above, the 12 months rule is ONLY for claiming investment made BEFORE applying for Tier 1E initial.
Why are you wasting your money on inept solicitors who did not even read the official guide ???

Thank you. Got it now! Lawyer said he doesn't work with guide only immigration rule, claiming expert but can't interpret the immigration rule.....terrible.

One more thing, can I submit only bank statements for the months I transferred investment money?

Hope145 wrote:One more thing, can I submit only bank statements for the months I transferred investment money?

Yes

Yes you don't need send whole years bank statement, You can send simply send that pages which show investment transfer.

Thanks,
HN

Hope145 wrote:Thank you. Got it now! Lawyer said he doesn't work with guide only immigration rule, claiming expert but can't interpret the immigration rule.....terrible.

It is the same wording in the rule., so he just can't interpret - period.

Hope145 wrote:One more thing, can I submit only bank statements for the months I transferred investment money?

As Zumba said, yes. Though even that is not needed as per the guidance. I did not submit any bank statements but of course mine was two years back. The only evidence asked for is the accounts and director loan, if applicable

Thanks all for the helpful replies.

Am pushing it now, but I rather ask than not. Do I need to send copies of personal bank statement to prove the transfer to business bank account as well? My name already appears on the business bank statement against the transfer with the reference 'director loan' . Really don't want to send my personal bank statement if it's unnecessary.

Any thoughts

Hope145 wrote:Thanks all for the helpful replies.

Am pushing it now, but I rather ask than not. Do I need to send copies of personal bank statement to prove the transfer to business bank account as well? My name already appears on the business bank statement against the transfer with the reference 'director loan' . Really don't want to send my personal bank statement if it's unnecessary.

Any thoughts

My general advise is to send the minimum documents asked for as evidence. And generally it is very clear. The genuine entrepreneur section is the only one that is vague.

Personal bank statements are not mentioned anywhere, so no need to include it. If they need it, they will ask and you may want to add in your cover letter that you are willing to provide it if needed.

As repeated, the most important thing is that your Annual Accounts should have your name against the Director loan or shares. If that is not there, having your name in the Business Bank statement is not going to help - that is not the evidence they are asking for.

Kindly check policy guide, your investment must be trackable and identical, which means that you have to show your personal bank statement and business bank statement.

awan905 wrote:Kindly check policy guide, your investment must be trackable and identical, which means that you have to show your personal bank statement and business bank statement.

That is mostly correct for investment by Director loan. The guideline is

If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business.

I still don't see the requirement for "trackable", which would mean there is no requirement for personal bank statements. Appreciate if you can point out where that was.

marcnath wrote:

awan905 wrote:Kindly check policy guide, your investment must be trackable and identical, which means that you have to show your personal bank statement and business bank statement.

That is mostly correct for investment by Director loan. The guideline is

If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business.

I still don't see the requirement for "trackable", which would mean there is no requirement for personal bank statements. Appreciate if you can point out where that was.

I wonder what they would need my personal bank statement for, if the business bank statements and financial accounts prove the investment. Working so hard on the business, all these silly requirements are just annoying but I suppose I have no choice

This is requirement which every one has to meet.