Interview Sep 2017
Result -feb 18 2018
AR allowed
Next steps : Please advise . Thanks in advance
Non-Points Scoring Reasons for Refusal
You have applied for leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) migrant
but the Secretary of State is not satisfied on the balance of probabilities that:
• you have established, taken over or become a director of one or more genuine businesses in the
UK, and have genuinely operated that business;
• you have genuinely invested the money referred to in Table 5 of Appendix
A into one or more genuine businesses in the UK;
• you intend to continue operating one or more businesses in the UK; and
• you do not intend to take employment other than under the terms of paragraph 245DE.
In making the assessment above the following factors have been considered, as per paragraph
245DD(1) of the Immigration Rules:
(i) the evidence that you submitted;
(ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix
A;
(iii) the credibility of the financial accounts of the business or businesses;
(iv) the credibility of your business activity in the UK;
the credibility of the job creation for which you are claiming points;
(vi) if the nature of the business requires mandatory accreditation, registration and/or
insurance, whether that accreditation, registration and/or insurance has been obtained; and any other relevant information.
on September 2017 your business was visited regarding your application for an extension of your leave to remain as a Tier 1 Entrepreneur Migrant.
(1)
the evidence that you submitted; • Metro bank statements • Lloyds bank statements • Accountant letters • Unaudited company accounts • Directors Loan agreements • Companies House documents • HMRC documents • Employee payslips • Employee RTI payments submissions. • Other supporting documents
(iii) the credibility of the financial accounts of the business or businesses; When asked at the visit to provide evidence of work carried out by your business you failed to produce any client contracts or invoices as you did not have these documents on file. When questioned about this you stated that you do not have any written contracts with any clients.
Companies House website, under the section concerning companies accounts states that 'You must also keep any other financial records, information and calculations you need to prepare and file spur animal accounts and Comm* Tax Return. This includes records of • all money spent by the company, for example receipts, petty cash books, orders and delivery notes • all mong received by the company, for example invoices, contracts, sales books and till rolls • any other relevant documents, fir example bank statements and correspondence." The fact that you failed to hold records of client invoices or contracts and failed to provide this evidence when you were visited by the Home Office leads us to question the credibility and viability of the financial accounts of your business. Additionally, you claim to have invested £50,000 into your business. However the observations made at the visit cast doubt on the credibility of you having invested this money into your business in consideration of the lack of assets or equipment present at the premises. You also failed to provide a breakdown of how you had invested the funds when asked at interview. It would be reasonable to expect that as the sole owner and director of your business, you would have been able to provide a breakdown of how you had invested the £50,000. The fact that you were not able to do this, in addition to the concerns listed above, casts further doubt on the credibility and viability of your businesses accounts.
(iv) the credibility of your business activity in the UK; Premises The visit was carried out at the following premises: Address xxxxxxxxxxxxxxxxxx ABC !AA. The photographs and the Home Office Officer's observations taken during the visit show that you have located in your business in a small office suitable for a maximum of 2 persons; containing 2 desks, 2 computers, 2 chairs and a printer. You had erected a small sign, printed on plain paper, bearing your business some on the door to your office. The lack of trading presence for your business was therefore a concern. You claim to ha vc employed 3 persons, however it was clear that the size and facilities at the office were only sole to accommodate 1 or, at best, 2 persons. The above concerns regarding your business premises lead us to question the credibility and viability of your business activity.
inn AAOR in
30,8
Clients
When questioned about clients at the visit you stated that your business, named AAAA Ltd, had provided laptop and desktop computer repairs, restaurant food ordering system, electronic point of sales systems and websites for customers. You stated that your business, named xxxx l.td, provided education, training, xxxx tourism and xxx sales. However, when asked about clients of your respective businesses you stated that you had not signed written contracts with any client. You also initially stated that you had not had any clients for xxxx Ltd but later amended this to state that you had 2 clients. You failed to produce any invoices at the visit when this information was requested. You also failed to produce any examples of any work undertaken by either of your businesses or your employees when requested at the interview. The fact that you were not able to evidence any work carried out by your business and the fact that you were not able to evidence any client contracts or invoices at the visit further leads to question the credibility and viability of the business.
Market Research
When asked about market research for your businesses you stated that you had not carried out any market research for co xxxx. You also stated that you had not written a business plan for co xxxx, but had written one for xxxx. When asked to produce the results of the market research (which you would expect tee have been included in a business plan), and what was put in place as a result of this market research you were not able to evidence this information or describe the results. When asked whether you had carried out any research into existing businesses before deciding to locate your business in an area, you stated "No." The fact that you stated when interviewed that you had not carried out market research for xxxx is a concern. The fact that you were not able to evidence the results of any market research or describe the results of any research, and the fact that you stated that you had not researched similar businesses in the same area before deciding to locate your business where you did a, also a concern. These concerns cast further doubt on the credibility and viability of your business.
(v) the credibility of the job creation for which you are claiming points; You claim to have employed 3 members of staff. None of the members of staff were present when you were visited by the Home Office. It was notable that the size of your office premises could not accommodate any more than 2 persons working from the office at the same time. It was also suitable that you were not able to produce one single item of work that had been carried out by, any of your employees at the visit. 'these concerns cast further doubt on the credibility of the jobs you claim to have created. Based on the above consideration the Secretary of State is therefore refusing your application because you have not met she genuineness test at paragraph 24500(k) when assessing, on the balance of probabilities, the points listed at paragraph 24500(1) of the Immigration Rules. Points Scoring Under the Immigration Rules for Tier 1 (Entrepreneur) applicants must, amongst other things, score:
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The above points have been marked for refusal
- 2 cos . Co A Generated revenue and Money taken to personal ac (Tax on Profits have been declared) and invested in co X business in 2016 .
- Investment from Personal bank statements transactions to business bank statements have been clearly shown . (Only the dates of transaction where money has been transferred from personal to business banking have been shown and submitted)
-I dont have contracts -yes i dont have thats right . No written contracts .
-I do have invoices - Yes I have and lots. I only gave her sample and recents ones , each of different nature of business. The interviewer has either lied or twisted the facts and am not sure if she submitted the invoices which I printed for her in my office. She was not interested at all and wanted to get this done and over with. I was taking more time to get the docs as i had come out of an eye surgery. I did tell her in the beginning about that . She asked if Iam medically fit, and I said , what happens if I am not (Infact I wasn't) I asked if this was going to be postponed, she said no and made me sign the medically fit doc. Later she left asking her to mail her a few docs.
-staff - 3 Employees including me were there. The employee was at work when I had my home office interview . I have proof as I have invoiced the co on that particular days work, where my staff was working. The other staff was on leave and long leave and she might not be coming back. I was at the interview myself.
-Recently the other employee has also quit. as My business is not doing well a sit needs time to pickup . This will pickup but the current circumstances are making it worse including my health, and family back home.
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-They have advised AR or Leave if not
-Investment awarded = 0
Next steps please - AR and JR ??? Iam not going for a fresh application I know JR dosent get covered by 3C.
Two companies and managing was tough and I only didnt realise midway but it was too late as I was neck deep. But I still lasted but recently I burnt myself out running these two cos and Iam tired and exhausted. I have been new to business so i know my faults. Please advise as I have 1 week probably. I missed royal mail delivery and they left a note to collect. COllected on 24th
Business are not easy. People are tough and clever or cunning . Learnt this over a period of time . Just when you get the hang of it Things are not in favour
Please advise . thanks
