I got a refused letter

Dear all


We got a refused from the Home office yesterday after I applied a Tier 1 application with a team on 20th May.

May I asked it is possible to appeal our case? Would we have an opportunity to overturn them?


The reason for refusing was:

1. Home Office thought I and my partner had inconsistent answers in the interview. (But we are sure we answeres are same, I have voice records of our interview). However, we interviewed in Mandarin instead of English.

2. Home Office thought we cannot work in our restaurant and get any salary. ( We hired a consulting but she did not mention us cannot), the point was a tricky problem that we might not overturn them.

3. Home Office made some mistake with our information. for example, my partner's birthday, interview time and content are mine; however, my refused letter is the same as my partner's apart from the names.

Could you get me some suggestions? I do not know how we can do now.

I am concerned I might get a native refused stamp or record on my passport or immigrated history; would the AR affect any new visa application in the future?

Could anyone give me some suggestion?

HI Fefo

I'm sorry to hear this

Was this your Intitial application ?

Do you have previous Immigration History ??

What type of questions they asked in interview ??

fe1517 wrote: ↑

Fri Jun 07, 2019 7:59 pm

Dear all


We got a refused from the Home office yesterday after I applied a Tier 1 application with a team on 20th May.

May I asked it is possible to appeal our case? Would we have an opportunity to overturn them?

You must have been given the opportunity to submit for Administrative Review (AR). That is your opportunity to get them to change/review the decision

fe1517 wrote: ↑

Fri Jun 07, 2019 7:59 pm

The reason for refusing was:

1. Home Office thought I and my partner had inconsistent answers in the interview. (But we are sure we answeres are same, I have voice records of our interview). However, we interviewed in Mandarin instead of English.

2. Home Office thought we cannot work in our restaurant and get any salary. ( We hired a consulting but she did not mention us cannot), the point was a tricky problem that we might not overturn them.

Of course you can work in your restaurant if you are Directors of the business. Was there any reason HO gave as to why you can't work ?

fe1517 wrote: ↑

Fri Jun 07, 2019 7:59 pm

3. Home Office made some mistake with our information. for example, my partner's birthday, interview time and content are mine; however, my refused letter is the same as my partner's apart from the names.

Could you get me some suggestions? I do not know how we can do now.

You should submit the AR with your arguments.

fe1517 wrote: ↑

Fri Jun 07, 2019 7:59 pm

I am concerned I might get a native refused stamp or record on my passport or immigrated history; would the AR affect any new visa application in the future?

I don't understand this.

fe1517 wrote: ↑

Fri Jun 07, 2019 7:59 pm

Could anyone give me some suggestion?

It might help to type in the actual refusal wording here (after removing all personal information). That will give a better view.

abuhf wrote: ↑

Fri Jun 07, 2019 8:09 pm

HI Fefo

I'm sorry to hear this

Was this your Intitial application ?

Do you have previous Immigration History ??

What type of questions they asked in interview ??

Hi Abuhf


Yes, that is initial tier 1 visa application.

I studied a master degree in the uk during the period from 2016 to 2017. And I travelled to uk many time after I graduated.

The interview was a normal interview ( they asked me around 44-45 standard questions).

Thank you, marcnath

'

Fe1517
Hi, it is clear that you and your partner gave different answers but if You could provide that you and ur partner gave similar answers in individual interview then you should opt for AR.

One more thing, You misunderstood the statementment from them for salaries. They said one cannot count the amount of salaries in the investment made. That means one is allowed to take the salaries but you can not count in the 200k investment.

Please provide the full refusal letter without personal info.

Regards

There is a pretty basic issue here - the investment fund in your teams case of £200k, has to be funds completely clear of any call for directors remuneration, dividends or payments for personal expenditure. Soon as you start taking funds out of the business that go back to the investment team it has to be fully supported by net profits after tax generated from sales income.

So the refusal is strong and founded on the correct principles. I do not see how you can overcome this unless you projected massive after tax net profits in your business plan. That in itself comes with it’s own credibility problems.

Essentially to invest whatever amount in the business also needs additional funds on top to cover off your daily living expenses.

Coming to London and scraping by on the very basics is going to be at least £20k per year so in reality it is not just £200k investment but another £40k on top to get you by for two years or until the business makes serious profits.

Frontier Mole wrote: ↑

Sat Jun 08, 2019 10:08 am

There is a pretty basic issue here - the investment fund in your teams case of £200k, has to be funds completely clear of any call for directors remuneration, dividends or payments for personal expenditure. Soon as you start taking funds out of the business that go back to the investment team it has to be fully supported by net profits after tax generated from sales income.

So the refusal is strong and founded on the correct principles. I do not see how you can overcome this unless you projected massive after tax net profits in your business plan. That in itself comes with it’s own credibility problems.

Essentially to invest whatever amount in the business also needs additional funds on top to cover off your daily living expenses.

Coming to London and scraping by on the very basics is going to be at least £20k per year so in reality it is not just £200k investment but another £40k on top to get you by for two years or until the business makes serious profits.

Hi Fromtier Mole,

Could you please advice us how to understand the investment fund and salaries , is there any link to read and understand it

“
There is a pretty basic issue here - the investment fund in your teams case of £200k, has to be funds completely clear of any call for directors remuneration, dividends or payments for personal expenditure. Soon as you start taking funds out of the business that go back to the investment team it has to be fully supported by net profits after tax generated from sales income”

You are allowed to take salary as a director from the company turnover. It does not need to be from profit. However, you are not allowed to take salary from the investment fund.

Hi abuhf
There is nohing to understand, its basic. If you generate more profit on top of ur investments, you can take salary out of ur profit so it is easier for you to make HO understand that the salary taken is not from 200k or 50k.

Hope you get it !!

Mehfuz wrote: ↑

Sat Jun 08, 2019 2:52 pm

Hi abuhf
There is nohing to understand, its basic. If you generate more profit on top of ur investments, you can take salary out of ur profit so it is easier for you to make HO understand that the salary taken is not from 200k or 50k.

Hope you get it !!

Thank you Mehfuz

So it’s calculated for the period of 3 years right ??

Can you give me some sample
As scenario ?

Just want to get clear

Thank you guys for your information and suggestions.

I might not overturn the result if I submit for administrative review.
It seems that I don't have any opportunity to win.


I am the only concern that will this refused record influence the visa applications such as T2 or T4 which I might apply in the future?

fe1517 wrote: ↑

Sat Jun 08, 2019 5:06 pm

Thank you guys for your information and suggestions.

I might not overturn the result if I submit for administrative review.
It seems that I don't have any opportunity to win.


I am the only concern that will this refused record influence the visa applications such as T2 or T4 which I might apply in the future?

Don’t worry Fe1517, get some advice and try apply for start up visa

fe1517 wrote: ↑

Fri Jun 07, 2019 9:16 pm

Thank you, marcnath

'

Why they mention your activity and previous immigration history in uk ??

abuhf wrote: ↑

Sat Jun 08, 2019 7:33 pm

fe1517 wrote: ↑

Sat Jun 08, 2019 5:06 pm

Thank you guys for your information and suggestions.

I might not overturn the result if I submit for administrative review.
It seems that I don't have any opportunity to win.


I am the only concern that will this refused record influence the visa applications such as T2 or T4 which I might apply in the future?

Don’t worry Fe1517, get some advice and try apply for start up visa

Thank you abuhf.

according to my understanding, the start up visa is quite difficult to apply.

abuhf wrote: ↑

Sat Jun 08, 2019 7:36 pm

fe1517 wrote: ↑

Fri Jun 07, 2019 9:16 pm

Thank you, marcnath

'

Why they mention your activity and previous immigration history in uk ??

Hi abuhf

Thay just listed what the standard they migh consider, and they did not mentioned I have any problem of immigration history. I got the full mark from the scores in each of area.

fe1517 wrote: ↑

Sat Jun 08, 2019 5:06 pm

Thank you guys for your information and suggestions.

I might not overturn the result if I submit for administrative review.
It seems that I don't have any opportunity to win.


I am the only concern that will this refused record influence the visa applications such as T2 or T4 which I might apply in the future?

No effect on any new visa you apply. You didn’t fully comprehend the visa guidance abt ur salaries not being part of investment in business..

Also don’t totally give up on AR either.

abuhf wrote: ↑

Fri Jun 07, 2019 8:09 pm

HI Fefo

I'm sorry to hear this

Was this your Intitial application ?

Do you have previous Immigration History ??

What type of questions they asked in interview ??

Hi Fefo

Could you please tell me, how many days after interview UKVI sent you refusal ?