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Tier 1 Entrepreneur Extension (200k) Refused

Only for UK Tier 1 (Entrepreneur) points system

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xakii
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Tier 1 Entrepreneur Decision made

Post by xakii » Tue Aug 08, 2017 12:43 pm

I applied for Extension £200k in June 2016. Interviewed Sep 2016, now on 31 July 2017 status has been updated as 'Decided' but I haven't yet received any letter from Home office, could anyone please explain why there is delay or is there any any timescale to receive docs when the visa is issued or refused?? Thanks

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Zimba
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Re: Tier 1 Entrepreneur Decision made

Post by Zimba » Tue Aug 08, 2017 2:21 pm

You MUST wait to hear back. The online service should not be relied on :!: :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

thutmose
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Re: Tier 1 Entrepreneur Decision made

Post by thutmose » Tue Aug 08, 2017 2:28 pm

Check your bank if you have received any IHS refund and how much that is

xakii
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Re: Tier 1 Entrepreneur Decision made

Post by xakii » Tue Aug 08, 2017 2:32 pm

zimba88 wrote:You MUST wait to hear back. The online service should not be relied on :!: :!:
Hi, Thanks for your reply. I have spoken to UKVI yesterday they said that they have posted the decision to me on 31st July, But I haven't yet received anything. Someone told me that if its refusal you should have received it in few days, brp might take few weeks??

xakii
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Re: Tier 1 Entrepreneur Decision made

Post by xakii » Tue Aug 08, 2017 3:00 pm

[quote="thutmose"]Check your bank if you have received any IHS refund and how much that isI

I have been checking bank everyday since 31.07.2017 but I haven't yet received anything in bank.

zamaha
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Re: Tier 1 Entrepreneur Decision made

Post by zamaha » Tue Aug 08, 2017 4:06 pm

It happened to me couple of years ago for my student visa. They came to my house only once and I was not home, so without leaving any note, they returned it to HO. Call HO and ask for a tracking number and call the post office to make sure it was not delivered it yet.

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Re: Tier 1 Entrepreneur Decision made

Post by Ahmd_64 » Wed Aug 09, 2017 3:33 am

xakii wrote:
zimba88 wrote:You MUST wait to hear back. The online service should not be relied on :!: :!:
Hi, Thanks for your reply. I have spoken to UKVI yesterday they said that they have posted the decision to me on 31st July, But I haven't yet received anything. Someone told me that if its refusal you should have received it in few days, brp might take few weeks??
I applied on 12-6-2017. My status is saying "Decided". One of my dependent gave Biometrics in second letter. We got letter that our case is not going to be decide in 8 weeks because we have issue in Biometrics. Now right after 8 weeks application status is "Decided".
Very scared and do not know about it. NHS charges were paid by solicitor from his law firm account. He is on holidays.

xakii
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Re: Tier 1 Entrepreneur Decision made

Post by xakii » Wed Aug 09, 2017 1:23 pm

I have spoken to UKVi this afternoon but they said we are not able to provide you with the tracking number, if you need tracking number ask your solicitor to contact case worker.

xakii
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Tier 1 Entrepreneur Extension (200k) Refused

Post by xakii » Mon Aug 14, 2017 1:19 pm

Dear All,

My Timeline is as follows

Applied: 15th June 2016
Interviewed: 23rd October 2016
MP Letter: April 2016
Visa Refused: 4th August 2017

Home Office stated the lines below
''From the business bank statements you have provided we have only been able to calculate £103,345 from your personal account all other funds entering your bank are not readily identifiable''

Therefore no points have been awarded in accordance to the paragraph 46xxxx''

Home office interviewed me and asked me that how did you make the investment, I told them that I have invested half of the money from my personal bank (which was transferred from India to my personal account) and rest been transferred by our family friends in my business account because they wanted to buy property in India and my brother in India paid that amount to them in india.(To avoid foreign exchange rate loss).

Now I'm not sure whether to go for fresh application or AR, the problem is that someone told me that you can't do the transfers as you have done (Took money here and paid them in india) because it comes under money laundering.

I Would be grateful if someone can please assist me how to deal with the above situation.

Thanks

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marcnath
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Re: Tier 1 Entrepreneur Extension (200k) Refused

Post by marcnath » Mon Aug 14, 2017 1:59 pm

xakii wrote:Dear All,

My Timeline is as follows

Applied: 15th June 2016
Interviewed: 23rd October 2016
MP Letter: April 2016
Visa Refused: 4th August 2017

Home Office stated the lines below
''From the business bank statements you have provided we have only been able to calculate £103,345 from your personal account all other funds entering your bank are not readily identifiable''

Therefore no points have been awarded in accordance to the paragraph 46xxxx''

Home office interviewed me and asked me that how did you make the investment, I told them that I have invested half of the money from my personal bank (which was transferred from India to my personal account) and rest been transferred by our family friends in my business account because they wanted to buy property in India and my brother in India paid that amount to them in india.(To avoid foreign exchange rate loss).

Now I'm not sure whether to go for fresh application or AR, the problem is that someone told me that you can't do the transfers as you have done (Took money here and paid them in india) because it comes under money laundering.

I Would be grateful if someone can please assist me how to deal with the above situation.

Thanks
Sorry to hear about the refusal. But the law and the guidelines have been very clear on how your investment needs to be evidenced.

On the positive side, what you have done is not automatically money laundering - as long as the money itself was not illegally obtained, it should not be an issue.

An AR is not going to help as you clearly have not provided the necessary documents and evidence.

What you can do is to convert your DL into share capital - that is a simple process for your accountant to do and do a fresh application. Since share capital does not require bank statements as evidence, you should be ok.

There are some small issues with that because strictly speaking the investment should be made within your initial grant of leave. However, others in this forum seem to have got investment approved even when done during the Section 3C. So, it should most probably be ok.

I hope you still have the maintenance fund in place as it is will be needed 90 days prior to your fresh application date.
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.

xakii
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Re: Tier 1 Entrepreneur Extension (200k) Refused

Post by xakii » Mon Aug 14, 2017 2:15 pm

Thank you for your valuable opinion, now my concern is that is it possible to amend shareholding at this stage to £200k as we previously provided director's loan agreement and homeoffice have all the paper work with them, they probably come back and say you previously claimed to have money invested through DLA and now via shareholding??

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marcnath
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Re: Tier 1 Entrepreneur Extension (200k) Refused

Post by marcnath » Mon Aug 14, 2017 2:43 pm

xakii wrote:Thank you for your valuable opinion, now my concern is that is it possible to amend shareholding at this stage to £200k as we previously provided director's loan agreement and homeoffice have all the paper work with them, they probably come back and say you previously claimed to have money invested through DLA and now via shareholding??
You will be doing a fresh application, so it will be evaluated on its own.

Even otherwise, there is nothing against converting DL to share capital - it may be done for many different reasons or no reason at all. You are not changing anything that you have already submitted. You are only converting DL to share capital on paper. In fact, you can date it to the day after you submitted the application, so you may still meet the "investment within the initial grant" criteria.

I personally believe HO is not out to get you and they would prefer to support genuine entrepreneurs than not.

And they have to follow the rules and give you points for evidence.
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.

xakii
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Re: Tier 1 Entrepreneur Extension (200k) Refused

Post by xakii » Mon Aug 14, 2017 3:38 pm

Alright got it, Just last thing. when issuing £200k share capital do I have to buy all the shares myself or someone else can be shareholder as well?

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marcnath
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Re: Tier 1 Entrepreneur Extension (200k) Refused

Post by marcnath » Mon Aug 14, 2017 3:53 pm

xakii wrote:Alright got it, Just last thing. when issuing £200k share capital do I have to buy all the shares myself or someone else can be shareholder as well?
If you are the entrepreneur (and not part of the team) then of course, you need to have the full shares in your name.
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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