Tier 1 (Entrepreneur) refusal

Zee80 · Post by **Zee80** » Sat Nov 18, 2017 10:03 am

Hi my time is as follows
Granted student visa. 17 -05-2008
Entry in U.K. 08-06-08
Psw granted 10-10-210
Tier 1 entrepreneur granted 10-05-13
Ext tier 1 applied 08-05-16
Refused on the basis of interview on29/08/17
1) why bank account was minimal used nd y deal cash handing most ?
2) difference in statement in both directors which was very minor like one said social media other said internet for marketing one did not mention to say that we used kiosks in different shoping malls for marketing rest was matching
3) why in 2012 our share capital was £1 nd but it rise £50000. In 2015/16
4) from one director they ask wat was salary u paid ur employes until Dec 15, nd asked how much u paid in until year 16. In we both give the correct figures bt they said one is saying £16000 nd other is saying around £21000. In reality figures are correct both case .

Applied admin on 16-09-17
Health surcharged received back on02-10-17
Refused admin review. 15-19 -17
Applied jr on 20-10-17
Now waiting for hearing date
Can any one tell us their any way of hope
I and my wife nd two kids born here on April 15
We did not apply for kids initially as we thought will get visa in 2/3 months . So we will go back home nd apply from there nd while seeing grand parents .
Wat is next step after Jr nd how long Jr takes
My ten year would complete in 07-06-18
Any advice plz if zamba plz
Many thanks for reading all

bizman · Post by **bizman** » Sat Nov 18, 2017 10:33 am

So sorry for the refusal mate. Did you say you were paying your staff cash by hand for their wages. Did you file the FPS normally and have records of all payments including NI and taxes. If not employee payment records could be a major reason why you were refused. Can you post the exact wordings of your refusal.

Hiuk77777 · Post by **Hiuk77777** » Sat Nov 18, 2017 11:10 am

why not apply fresh application instead of JR and then you have chance t interview again

i am at the same boat with you. I was refused due to interview as well because they didnt record the exactly information which I told to him.

i am preparing the fresh application now.

hopefully, you can win in the JR.

zimba · Post by **zimba** » Sat Nov 18, 2017 1:07 pm

Why not fresh application and straight to JR ?? Who is advising you on this ?

teddybear79 · Post by **teddybear79** » Sat Nov 18, 2017 2:17 pm

Zimba fresh application? The application is not refused based on documents only a JR can sort the issues, as they will do the interview again and same questions.

miumiuuk · Post by **miumiuuk** » Sat Nov 18, 2017 5:05 pm

So sorry to hear that again. HO is really going far away from immigration rules and abuse "genuine test". Wish you will win your JR and remember to claim a large amount compensation from them. Keep us updated, please.

annoyedatukba · Post by **annoyedatukba** » Sat Nov 18, 2017 10:22 pm

Why not fresh application ? What made you go for JR? You could've gone for JR as a last resort or when you've exhausted all your other options.

Unfortunately the 10 year rule will not apply with your current circumstances, as you are now considered an overstayer. When you win your JR then the time you stayed will be included. JR is quite a long process and takes a lot of time.

I wish you luck and keep us updated.

Manu_cal · Post by **Manu_cal** » Sun Nov 19, 2017 2:43 pm

I tend to agree with teddy bear. No point of new application as there will be no change of circumstances in his business bank activity or share capital. Genuine entrepreneur test is becoming a deciding factor recently. Zee80 you need to find a good solicitor mate and challenge this thing in court. Home office is not going to change their point of view of the business with a new application. Lesson to learn from this kind of situation is to provide as much evidence in the genuine business test section of your application , it can be emails, advertising or any other correspondence of business activity so that at least you have some matter with you if you end up in court.

zimba · Post by **zimba** » Sun Nov 19, 2017 4:45 pm

Why there is no point ? The fresh application can include all the evidence showing the previous decision was made based on incorrect assumptions and then HO will not be able to refuse that new one based on the same excuses. At least the evidence you include with a fresh application will have to be considered and in case of JR it can be relied on. JR is no magic bullet and chances of success are quite limited

im2017 · Post by **im2017** » Sun Nov 19, 2017 10:27 pm

Zee80 wrote: ↑
Sat Nov 18, 2017 10:03 am
Hi my time is as follows
Granted student visa. 17 -05-2008
Entry in U.K. 08-06-08
Psw granted 10-10-210
Tier 1 entrepreneur granted 10-05-13
Ext tier 1 applied 08-05-16
Refused on the basis of interview on29/08/17
1) why bank account was minimal used nd y deal cash handing most ?
2) difference in statement in both directors which was very minor like one said social media other said internet for marketing one did not mention to say that we used kiosks in different shoping malls for marketing rest was matching
3) why in 2012 our share capital was £1 nd but it rise £50000. In 2015/16
4) from one director they ask wat was salary u paid ur employes until Dec 15, nd asked how much u paid in until year 16. In we both give the correct figures bt they said one is saying £16000 nd other is saying around £21000. In reality figures are correct both case .

Applied admin on 16-09-17
Health surcharged received back on02-10-17
Refused admin review. 15-19 -17
Applied jr on 20-10-17
Now waiting for hearing date
Can any one tell us their any way of hope
I and my wife nd two kids born here on April 15
We did not apply for kids initially as we thought will get visa in 2/3 months . So we will go back home nd apply from there nd while seeing grand parents .
Wat is next step after Jr nd how long Jr takes
My ten year would complete in 07-06-18
Any advice plz if zamba plz
Many thanks for reading all

@zee80 very sorry to hear about that.

Could you please tell us if it was same day interview for both partners or separate.

I am in same situation.

They have interviewed me but they will interview my partner end of this month.

Thanks

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