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Entrepreneur Visa Refusal

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

dnayak
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Entrepreneur Visa Refusal

Post by dnayak » Mon May 22, 2017 9:00 pm

I need Advice regarding my Entrepreneur Visa Extension.
I applied on 13th Jan 2017 for extension of visa on 12th May they have Refused my Visa stating i didn't create two full time job.
I did provide them with the passport copy of employees, wage slip and Real time full payment submissions.
In total I had 4 employees worked for me
1) Employee A Start date : 01/09/2015 end date 14/10/2016 Hours Claimed : 1620
2) Employee B Start date: 01/01/2016 end date 06/04/2016 Hours Claimed : 479
3) Employee C Start date: 06/04/2016 end date 01/10/2016 Hours Claimed : 792
4) Employee D Start date: 01/06/2016 Still working but on maternity Leave : hours claimed : 948
Now UKBA have came back to me stating that employee B, C, D is fine to claim point but for Employee A they have not awarded me point stating that the real time full payment submission that i have submitted do not include any start date of the employee hence they have omitted all the hours of employee A. But I had letter from Account stating hours worked by each employee and hours claimed for them. Also my solicitor clearly expanied in the cover letter.
can someone advice me what needs to be done to fix the issue. I have been advised for the administrative review for the situation.

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Zimba
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Re: Entrepreneur Visa Refusal

Post by Zimba » Mon May 22, 2017 9:39 pm

There is no such a thing as UKBA any more, it is UKVI or Home Office. :!:
Accountant letter and a covering letter has NO VALUE as they are NOT acceptable evidence under immigration rules. It is very clear that you MUST submit FPS data showing the start date of your employees.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dnayak
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Re: Entrepreneur Visa Refusal

Post by dnayak » Mon May 22, 2017 9:46 pm

What Can I do now to fix the issue from my side I submitted Payslips, Passport copy of all employees and Employee paye documents. Can I add documents while I do administrative review

sm12
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Re: Entrepreneur Visa Refusal

Post by sm12 » Mon May 22, 2017 9:56 pm

Sorry to hear about this.

An accountant's letter or a solicitor's letter cannot be used in place of a FPS to show start date anymore. Look through the FPS for the month Employee A started working with you to see whether anything was mentioned about his start date.
You can try AR, but if the FPS has no data about start dates, then your best bet is going for a new application within 14 days of your AR result.
You cannot add new documents for the AR, but if this was the only problem with your application, you will probably succeed after making a new application. You should ask your accountant to generate an FPS that includes the start date.

dnayak
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Re: Entrepreneur Visa Refusal

Post by dnayak » Mon May 22, 2017 10:05 pm

Should I got through the paper work which I submitted and try to see if there is anything mentioned about the start date of employee A. Also wanted to know if the Adminstrative review is not success full and i decided to make fresh application will this be counted as break in my 10 years settlement as I complete 10 years in Sep 2018.

inaam.cs
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Re: Entrepreneur Visa Refusal

Post by inaam.cs » Mon May 22, 2017 10:15 pm

Sorry to hear about the outcome. Can i ask how did they check hours for other three employees?

sm12
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Re: Entrepreneur Visa Refusal

Post by sm12 » Mon May 22, 2017 10:20 pm

dnayak wrote:Should I got through the paper work which I submitted and try to see if there is anything mentioned about the start date of employee A. Also wanted to know if the Adminstrative review is not success full and i decided to make fresh application will this be counted as break in my 10 years settlement as I complete 10 years in Sep 2018.

Yes, go through your FPS documents to see if there is anything that shows the start date.

After admin review, if you need to reapply, then do so within 14 days of the result. If you make a valid application within 14 days of the result, it will not be seen as a break in your 10 year settlement if your fresh application is approved.

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Tue May 23, 2017 6:46 am

Seems a bit surprising if all your FPS was generated by the same system. For Employee A, the 1st FPS (Sept 2015) should have the starting date.
So yes, you should double check that and if that is there, then your AR should go through fine.

Gladiator21
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Re: Entrepreneur Visa Refusal

Post by Gladiator21 » Tue May 23, 2017 6:48 am

Apart from submitting FPS report to show start date, can he not submit Starter Checklist form signed by employee as starter checklist has also got starting date of an employee?

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Tue May 23, 2017 7:56 am

Gladiator21 wrote:Apart from submitting FPS report to show start date, can he not submit Starter Checklist form signed by employee as starter checklist has also got starting date of an employee?
Nothing stops him from submitting the starter checklist, but there is no point in doing that.
The guidance is quite explicit on this for reporting after 6th October 2013. Only FPS Is accepted for that.

====
2) For reporting from 6 October 2013 onwards printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC.
This evidence in 1) or 2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business.
======

dnayak
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Re: Entrepreneur Visa Refusal

Post by dnayak » Tue May 23, 2017 5:03 pm

I have checked all my FPS Document for
Employee A : He started working with us on 1st September 2015 Till 14th October 2016. But on FPS which we generated there is no start date for Some reason were as it is there for all other employees. I have requested my Accountant to generate New FPS for Employee A. As all other employee have start date and end date of employment. I will apply for administrative review with new Fps document for Jasin Butt but not sure as to they will accept it.
Also have been advised to get P45, P46 AND employment history for employee A.
I really dont know if it will work will try from our end.

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Tue May 23, 2017 5:22 pm

dnayak wrote:I have checked all my FPS Document for
Employee A : He started working with us on 1st September 2015 Till 14th October 2016. But on FPS which we generated there is no start date for Some reason were as it is there for all other employees.
It is unfortunate that this is the reason for rejection. Unfortunately, the CW was within their rights to reject and the way the AR is set up, the reviewer may have no ability to overrule.

I do not understand why they even need that start date information if it is a new business. The payslips and FPS should meet the needs of having created an employment.

On the other hand, their argument which I can sympathise with, would be that the instructions on this are clear and could have been checked before submission.

On the positive side, a reapplication with the right documents has a very good chance of success.

dontworry
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Re: Entrepreneur Visa Refusal

Post by dontworry » Thu May 25, 2017 7:54 pm

Sorry to hear the refusal,

Have you resubmitted the documents?

I am in the same position.

One of my Employee started in June 2013. I don't have any FPS data of him.
Does anyone know. How do I show the proof of starter date?

Please HElp

Kind Regards
R K

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Thu May 25, 2017 8:44 pm

dontworry wrote:Sorry to hear the refusal,

Have you resubmitted the documents?

I am in the same position.

One of my Employee started in June 2013. I don't have any FPS data of him.
Does anyone know. How do I show the proof of starter date?

Please HElp

Kind Regards
R K
For reporting up to and including 5 October 2013 only:
a) Printouts of Employee Payment Records and, unless the start date of the employment is shown in the Employee Payment Record, an original HMRC form P45 or form P46 (also called a Full Payment Submission) for the settled worker showing the start date of the employment

f.namxe
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Re: Entrepreneur Visa Refusal

Post by f.namxe » Sat May 27, 2017 8:22 pm

I've only just realised I made this mistake with my submission and looked through all of the FPS I submitted last night to find the start date for one of my employees was on the FPS for the month before she started.
She stated 01/08/2015 but her start date was on the July FPS submitted. I guess this happened because my accountant submits payroll information on the 5th day of the following month
I submitted her FPS from August which is when she started but recalled it didn't have her start date. So I now have to send in the July FPS which has her start date on it.

So sorry it's had this outcome for you but your post actually jogged my memory and made me realise my error.

It is nit-picking and quite pedantic for HO to refuse visas for errors like this when you've obviously got documentation to support 3 other employees but I guess one has to follow the rules to the letter in this case which is a shame for genuine entrepreneurs. From other posts here, you should be fine if you reapply with all of the missing docs and maintain your maintenance funds for 90 days.

All the best!

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Sun May 28, 2017 9:30 am

f.namxe wrote:I've only just realised I made this mistake with my submission and looked through all of the FPS I submitted last night to find the start date for one of my employees was on the FPS for the month before she started.
She stated 01/08/2015 but her start date was on the July FPS submitted. I guess this happened because my accountant submits payroll information on the 5th day of the following month
I submitted her FPS from August which is when she started but recalled it didn't have her start date. So I now have to send in the July FPS which has her start date on it.

So sorry it's had this outcome for you but your post actually jogged my memory and made me realise my error.

It is nit-picking and quite pedantic for HO to refuse visas for errors like this when you've obviously got documentation to support 3 other employees but I guess one has to follow the rules to the letter in this case which is a shame for genuine entrepreneurs. From other posts here, you should be fine if you reapply with all of the missing docs and maintain your maintenance funds for 90 days.

All the best!
Good luck

dnayak
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Re: Entrepreneur Visa Refusal

Post by dnayak » Fri Jun 30, 2017 9:45 am

Hi Guys,
Just wanted to update the situation with my case.
I applied for the administrative review which they have not accepted it so have decided to make fresh application but had few query.
1) I paid for IHS charges for the first application which is still not refunded into my account so wanted to know when will I get the refund for the same and also when i place new application do i need to do IHS again. As I am applying with my Wife and daughter.
2) Application was not on 13th Jan 2017 so I submitted all document till end of December 2016 so should i add new RTI and payslip till date. As I have 2 employees now but one is on maternity leave and second works on part time as an when I need him. Will this impact my Application.
3) My Solicitors has asked me to print Current Appointment report Can someone guide me how to do it.
Many Thanks,
Dinesh

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Fri Jun 30, 2017 10:51 am

dnayak wrote:Hi Guys,
Just wanted to update the situation with my case.
I applied for the administrative review which they have not accepted it so have decided to make fresh application but had few query.
Sorry about that but I guess it was expected.
dnayak wrote:1) I paid for IHS charges for the first application which is still not refunded into my account so wanted to know when will I get the refund for the same and also when i place new application do i need to do IHS again. As I am applying with my Wife and daughter.
I am not sure about this.
dnayak wrote:2) Application was not on 13th Jan 2017 so I submitted all document till end of December 2016 so should i add new RTI and payslip till date. As I have 2 employees now but one is on maternity leave and second works on part time as an when I need him. Will this impact my Application.
You can use exactly the same employees and period that you used for the first application. Just need to make sure you have the start date. It does not matter what happened since your last application and now.
dnayak wrote:3) My Solicitors has asked me to print Current Appointment report Can someone guide me how to do it.
Many Thanks,
Dinesh
How did you do that last time ?

You can get it from http://wck2.companieshouse.gov.uk//wcfr ... ompanyInfo
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

dnayak
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Re: Entrepreneur Visa Refusal

Post by dnayak » Fri Jun 30, 2017 10:53 am

can Someone please reply on this . Also I wanted to know as the initial application was made on 13th Jan 2017 do we need to make interim account.

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marcnath
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Re: Entrepreneur Visa Refusal

Post by marcnath » Fri Jun 30, 2017 10:55 am

dnayak wrote:can Someone please reply on this . Also I wanted to know as the initial application was made on 13th Jan 2017 do we need to make interim account.
No, you don't need an interim account. The accounts you submitted earlier is sufficient.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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