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TIER 1 ENTREPRENEUR EXTENSION REFUSED - A few questions

Only for UK Tier 1 (Entrepreneur) points system

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sarapianta
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Joined: Fri Dec 29, 2017 12:36 pm

TIER 1 ENTREPRENEUR EXTENSION REFUSED - A few questions

Post by sarapianta » Thu Jan 04, 2018 11:23 pm

Hi all,
My boyfriend applied for an extension to his Tier 1 Entrepreneur visa, which was rejected.
His timeline is
Application sent: 5th May 2017
Previous visa expiring: 6th May 2017
Biometrics done: 24th May 2017
Complex case letter received: 26th May 2017
Date of decision on the letter: 20th December 2017
Decision letter received: 28th December 2017

The reasons for refusal were
- INVESTMENTS: Unaudited accounts did not correspond to the investment claimed in the accountant's letter
- DIRECTORSHIP: CARs were rejected
- EMPLOYMENT: One of his employees, who is a British Citizen born before 1983, has no photographic ID therefore his birth certificate was shown instead (following the Tier1 Guidance). Nevertheless, this form of identity was not accepted.

The letter says that they have not carried out full verification checks on neither the documents that have been submitted nor the statements that have been made on the Application form.
It also says that he can apply for AR within 14 days from the date he received the letter but cannot provide any new evidences.

He has been suggested to start with a fresh Tier1 Extension application instead and send it before the end of the 14 days period.

First question is: does this mean that all the documents have to be updated to current date, January 2018 (e.g. for the ones that say "not earlier than 3 months" he should show OCT-NOV-DEC 2017) or does he have to provide the documents he already sent, checking all information is clearly shown (e.g. for the documents that say "not earlier than 3 months", FEB-MAR-APR 2017)?

Second question: in the previous Tier1 Extension application the accountant's letter claimed more investment as Director's Loan which did not correspond to the unaudited accounts. The accounts for the fresh application still meet the criteria of investment (>50000£) but they are not the same as the first Tier1 Extension application. Will this be acceptable?

Third question: if the new Extension application is accepted, for any future ILR application, will the time between the refusal and the day the extension is granted be accounted in the 5 years of Tier1 or not?

Thanks a lot in advance.

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marcnath
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Location: Milton Keynes

Re: TIER 1 ENTREPRENEUR EXTENSION REFUSED - A few questions

Post by marcnath » Fri Jan 05, 2018 7:21 am

Why was an Accountant's letter submitted for investment ? There is no such requirement for a cash investment. This is precisely why you should NEVER submit more documents than needed.
Why was CAR rejected ? Was it not printed within 3 months of application ?

Who suggested that he should do a fresh application and why ?

Personally, I think the investment decision is wrong. A discrepancy in the document, given that both documents show that the investment requirement is met, should not be a reason for rejection. Unless the CW believes one of the document is fraudulent. So, that should get overturned in an AR.
Employment again is a clear CW mistake - the rules allow BC for people born before 1983. That will get overturned also.
CAR depends on what exactly is the problem.

But to your specific questions
1. Yes, all documents that have a time limit (maintenance funds, CAR, etc.) need to be updated.
2. Yes, as mentioned, accountant's letter is not needed if it is a cash investment.
3. Yes, the overstay period will be ignored for purpose of ILR if your second application is successful.
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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Zimba
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Re: TIER 1 ENTREPRENEUR EXTENSION REFUSED - A few questions

Post by Zimba » Fri Jan 05, 2018 12:19 pm

The official guide is very clear on what needs to be provided BUT still we see majority of applicants going their own way, making their own minds and submitting whatever THEY think is acceptable.
There is NO need for an accountant's letter for investment at all. Discrepancies in documents submitted, it is completely silly to submit a document not required that has information which contradicts with the data on an acceptable document :? :?
CAR must be recent and ordered online for free from the Companies House Webcheck service ONLY.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Gok2017
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Joined: Mon Sep 25, 2017 10:42 am

Re: TIER 1 ENTREPRENEUR EXTENSION REFUSED - A few questions

Post by Gok2017 » Sat Jan 06, 2018 12:35 pm

sarapianta wrote:
Thu Jan 04, 2018 11:23 pm
Hi all,
My boyfriend applied for an extension to his Tier 1 Entrepreneur visa, which was rejected.
His timeline is
Application sent: 5th May 2017
Previous visa expiring: 6th May 2017
Biometrics done: 24th May 2017
Complex case letter received: 26th May 2017
Date of decision on the letter: 20th December 2017
Decision letter received: 28th December 2017

The reasons for refusal were
- INVESTMENTS: Unaudited accounts did not correspond to the investment claimed in the accountant's letter
- DIRECTORSHIP: CARs were rejected
- EMPLOYMENT: One of his employees, who is a British Citizen born before 1983, has no photographic ID therefore his birth certificate was shown instead (following the Tier1 Guidance). Nevertheless, this form of identity was not accepted.

The letter says that they have not carried out full verification checks on neither the documents that have been submitted nor the statements that have been made on the Application form.
It also says that he can apply for AR within 14 days from the date he received the letter but cannot provide any new evidences.

He has been suggested to start with a fresh Tier1 Extension application instead and send it before the end of the 14 days period.

First question is: does this mean that all the documents have to be updated to current date, January 2018 (e.g. for the ones that say "not earlier than 3 months" he should show OCT-NOV-DEC 2017) or does he have to provide the documents he already sent, checking all information is clearly shown (e.g. for the documents that say "not earlier than 3 months", FEB-MAR-APR 2017)?

Second question: in the previous Tier1 Extension application the accountant's letter claimed more investment as Director's Loan which did not correspond to the unaudited accounts. The accounts for the fresh application still meet the criteria of investment (>50000£) but they are not the same as the first Tier1 Extension application. Will this be acceptable?

Third question: if the new Extension application is accepted, for any future ILR application, will the time between the refusal and the day the extension is granted be accounted in the 5 years of Tier1 or not?

Thanks a lot in advance.
Hey sorry to hear this,(we have similar time scale) my application is refused as well. I hope you applied for Ar.

Read your letter , One point about employment ID please refer below from guidence policy

Evidence that the employee is a settled worker

"180. Only jobs that are given to people who are settled in the UK will qualify for the award of points. You must provide copies of the following documents which demonstrate that each employee has settled status in the UK:
• A British passport, which shows the biometric data page containing the photograph and personal details of the employee;
• A birth certificate, which demonstrates the employee was born in the UK or Colonies before 1 January 1983;
• If the employee was born in the UK on after 1 January 1983, a birth certificate, together with documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK when the employee was born, and additionally, if the parent is the father of the employee, a marriage certificate to the mother;"


This clearly says you have submitted right doccument as long as the employe born before 1983 jan

Good luck keep us updated

Thanks
G

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