AR for my tier 1 entrepreneur extension

Bissau · Post by **Bissau** » Wed Dec 12, 2018 12:47 am

Today I received a letter from home office saying that my application for tier 1 entrepreneur extension has been refused on the following basis.

1. That I have submitted p60 and pay slips for each of the two staff's that are employed full time by my business, and they don't accept those documents as basis of creating jobs, they said I was suppose to submit the printout of Real time full payment submission as evidence of creating jobs. So they gave me 0 point on that.

2. Under maintenance I was given 0 points on the basis that my funds were in the form of fixed deposit on monthly rolling basis.

Now I have to submit for Administrative Review.

The funds in the account has been confirm by my bank at the time of the application that the funds are readily avaible at anytime I want it as I do monthly 30 days rolling fixed deposit investments from same account.

Secondly on the basis of the creating jobs, I didn't submit the real time print outs but I got them with my accountant .

I have live in UK legally for 11 years without a break in my visa, my wife and children all British passport holders .

What are my best chances for the AR? And secondly what can I do to sort my stay in the UK and continue my business as they are satisfied that I invested over 200 000 pounds in the last 3 years in the UK.

Any advice and suggestions will be highly appreciated.

marcnath · Post by **marcnath** » Wed Dec 12, 2018 9:00 am

Bissau wrote: ↑
Wed Dec 12, 2018 12:47 am
Today I received a letter from home office saying that my application for tier 1 entrepreneur extension has been refused on the following basis.

1. That I have submitted p60 and pay slips for each of the two staff's that are employed full time by my business, and they don't accept those documents as basis of creating jobs, they said I was suppose to submit the printout of Real time full payment submission as evidence of creating jobs. So they gave me 0 point on that.

2. Under maintenance I was given 0 points on the basis that my funds were in the form of fixed deposit on monthly rolling basis.

Now I have to submit for Administrative Review.

The funds in the account has been confirm by my bank at the time of the application that the funds are readily avaible at anytime I want it as I do monthly 30 days rolling fixed deposit investments from same account.

Secondly on the basis of the creating jobs, I didn't submit the real time print outs but I got them with my accountant .

I have live in UK legally for 11 years without a break in my visa, my wife and children all British passport holders .

What are my best chances for the AR? And secondly what can I do to sort my stay in the UK and continue my business as they are satisfied that I invested over 200 000 pounds in the last 3 years in the UK.

Any advice and suggestions will be highly appreciated.

You have a zero chance in AR given that you did not submit a specified document. The need for the RTI is very clear in every document - guidance, form, etc. So there really is no excuse for not attaching that.

The maintenance fund issue is quite unclear. Have they quoted any specific immigration rule that you are not compliant with ?

As far as I can see, Appendix C, 1A only states:

(j) Maintenance must be in the form of cash funds. Other accounts or financial instruments such as shares, bonds, credit cards, pension funds etc, regardless of notice period are not acceptable.

A fixed deposit is a cash fund as far as I can make out. You can quote the section and make the argument in your AR.

However, even if they accept that, your issue on the job creation will uphold the refusal.

Nothing stops you from continuing your business.

Given that you have been here for 11 years, why did you not apply for 10 year LR last year ?

Bissau · Post by **Bissau** » Wed Dec 12, 2018 4:19 pm

Thanks Marcnath

I applied for my tier 1 extension in December 2017 by then I was 2 months sort for my 10 year legal stay

But now given the circumstances around that my AR will be refused, can I still apply for AR while using that time to prepare for my new application under 10 year ILR.

Secondly hope I will not be an overstayer if my AR is refused and while putting my documents together for new application

Thanks

marcnath · Post by **marcnath** » Wed Dec 12, 2018 4:34 pm

Bissau wrote: ↑
Wed Dec 12, 2018 4:19 pm
Thanks Marcnath

I applied for my tier 1 extension in December 2017 by then I was 2 months sort for my 10 year legal stay

But now given the circumstances around that my AR will be refused, can I still apply for AR while using that time to prepare for my new application under 10 year ILR.

Secondly hope I will not be an overstayer if my AR is refused and while putting my documents together for new application

Thanks

You could have varied your application to LR once you qualified, but that is now water under the bridge.

Yes, you can apply for AR and prepare the new application.

You will become an overstayer once your AR is refused. However, if you apply for your new visa within 14 days of the refusal, that will be disregarded.

Bissau · Post by **Bissau** » Wed Dec 12, 2018 8:01 pm

Thanks so much for that piece of information. Would I still need 90 days maintenance fund for LR?

Secondly would I need to show any thing that's related to my business for the ILR application.

Currently I got
All my passports
CRB report
Life in UK test certificate
Degree certificate from UK university

How much should be in my bank statement ??
Do I need 90 days maintenance fund??

Thanks

marcnath · Post by **marcnath** » Wed Dec 12, 2018 8:49 pm

Bissau wrote: ↑
Wed Dec 12, 2018 8:01 pm
Thanks so much for that piece of information. Would I still need 90 days maintenance fund for LR?

Secondly would I need to show any thing that's related to my business for the ILR application.

Currently I got
All my passports
CRB report
Life in UK test certificate
Degree certificate from UK university

How much should be in my bank statement ??
Do I need 90 days maintenance fund??

Thanks

There are no maintenance fund or other balance requirements for LR.

10 year LR is possibly the simplest application there is.

You don't need to show anything regarding the business for the application. If they need, they will ask for it later.

Bissau · Post by **Bissau** » Wed Dec 12, 2018 11:39 pm

Thanks so much am bit relief now.

I never knew that the 10 year LR is as easy as this. I felt wasting my time on the wait on my tier 1 extension.

I will do my application asap

Thanks for the professional advice.

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