Tier 1 Entrepreneur Extension Refused after one Year

zimba88 wrote:The answer you gave to that question is seriously bad, reads like a mini rant.
You simply should have said that my bank statements do not cover that accounting period, I can send you all the statements so you can check them if you wish.

sameerb wrote:HI,

This is appalling. First Home Office set their guidelines, publish them & decide not to follow them!!

1. Contracts not provided - Where does it say that we need to send them contracts?

2. Bank statements - where does it say we need to send all 3 years bank statement ?

above grounds have no basis for refusal because they are not following their own guidelines. Its misdirecting applicants.

zimba88 wrote:There is no auditing required at all and what your accountant put in your account is standard practice, it is in everyone's unaudited accounts. Accountants report always says they never verified the accuracy of your unaudited accounts.

To be honest I really think that you did very bad at the interview and went there completely unprepared and also answered the questions in a totally convincing manner. The case worker found your answers quite unconvincing and refused you based on mere probabilities, so you are the first person to be refused on genuineness grounds. You really want to clarify things VERY clearly during AR.

suvalike wrote:

suvalike wrote:

suvalike wrote:My Tier 1 Entrepreneur Extension application Refused .I applied on MARCH 2016 and got the letter yesterday.

NON-POINTS SCORING REASONS FOR REFUSAL :

Secretary of state is not satisfied on the base of probabilities that:

You have established,taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business;

You intend to cont. operating one or more business in the UK.

Then it lists the evidences i submitted and later it details the reasons for rejection as below:

1: When you were asked at interview about what contracts you currently have, you stated "We have 3 clients on permanent basis A ltd, B ltd and C ltd."

The permanent clients contracts are not provided as you said during the interview that you have three permanent clients.One of the clients company was dissolved too (we were not asked to provide the contracts neither after or during interview nor it was in the immigration requirements)

2:Company Business bank statements does not corroborate with the Company Turn over figures as in the accounts stated.(Because i only provided the statements for the investment covering period instead of the whole three years)

3:Business is in the London (Virtual office)and have two Employee's,Its questionable why you would employ two full time staff and not have premises from where they would work. (They were working from home and sometime we hired the desk whenever needed)

4: Your Employee have the permanent address outside of London as it was on the payslips so its not plausible that your staff would be working from London address for such a long time.(I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address)

Based on the above considerations the secretary of state is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(K) when assessing , on the balance of probabilities , the points listed at paragraph 245DD(I) of the immigration rules.

Note: I have been awarded all the 95 points though but still got the refusal.


Please can you advise me now the next course of actions and how can i justify the refusal points.

what are the options left for me now.

Thanks

Hi guys,

Please advise me should i apply for AR myself or should i go through via solicitor. Thanks

Hi guys,

I am posting the refusal points as attachment from my refusal letter one by one .After discussing the posted refusal points , we will discuss the others.Please have a look and advise me accordingly what should i say to the home office.I will really appreciate.

{As per from my side about this particular refusal point, i did not provide them all the three years statements which reflect the turn over transactions.It was not asked anywhere in the immigration rules.I just provided them those statements which were reflecting the investment transactions.}

sm12 wrote:The response to the wrong company name is quite straightforward.

Say that: Our client is [Correct company name] and not [Wrong company name]. [Correct company name] with company number xxxxxx is still active and trading as per Companies House.

If the word limit permits, you could add: I did not receive a request to provide the contract/related statements but can do so for the Home Office's review.

If the company has not paid yet, you could add that they still owe the debt to you.

sm12 wrote:The response to the wrong company name is quite straightforward.

Say that: Our client is [Correct company name] and not [Wrong company name]. [Correct company name] with company number xxxxxx is still active and trading as per Companies House.

If the word limit permits, you could add: I did not receive a request to provide the contract/related statements but can do so for the Home Office's review.

If the company has not paid yet, you could add that they still owe the debt to you.

zimba88 wrote:My claims regrading a contract with my former client [ABC Ltd] was accurate and true during the time I was interviewed in June 2016. However it is evident that the case worker considered my application more than 6 months after I was interviewed, without the knowledge that my client's contract was terminated in September 2016 and I was not engaged with them from that point onwards.
I believe that the long delay between the interview date and the date my claims were evaluated by the case worker lead to an inaccurate observation regarding my dealings with my former client [ABC Ltd] and gave the impression that I was engaged in a business with a company that has been dissolved, which was incorrect.

suvalike wrote:Thanks a lot Zimvba88 and sm12 for your valuable inputs.

Here is my fourth refusal point.
[
XYZ Ltd.
You stated at interview that you had a permanent contract with XYZ Ltd where you
"maintain system - upgraded recently, phone tines and w land." (q7-8) . You have chosen not to
provide the contract, but we note that your bank statements shows you receiving one payment of
£525 from XYZ Ltd. An Internet search of Companies House was undertaken for XY Z Ltd , X YZ Ltd. , X Y Z Ltd. however Companies House had no record of such a company.
It is questionable why you would have a contract with this company when it does not appear to
be registered with companies house, and why a mini cab company would require a permanent contract with you. The fact that you have only provide one bank statement showing one payment
adds to our concerns as to the legitimacy of your claim that you have a permanent contract with
XYZ Ltd. ]

awan905 wrote:From the points which you mentioned and explained it looks that HO thinks that you are not working as an IT consultant instead you are working as a taxi driver, because payments are coming from mini cab firm. Though case worker didnot mention this directly but he or she suspects this.

Better explain all of your points in AR letter and see what will happen, in meanwhile also start preparing for new application.

You are the only applicant which we have seen on this forum got refusal based on his interview.

sm12 wrote:The draft is fine.

The letter from HO also states that they have doubts about why a mini-cab company would require your permanent services. Therefore, it might be worthwhile writing one line to explain what work you did for this company each month, to show that that this was a genuine contract.

sm12 wrote:The answer to this one would depend upon why you use a virtual address and also what kind of work the two staff members do? Maybe you can list your reasons here so that we can offer better advice.

Among other reasons, I would imagine one reason would be the cost advantage. You can explain this and also that for a start up, spending your resources on a lease/rent would have been too expensive. If you live in an area where renting is very expensive, you can mention this. Moreover, by not having an office, your cost savings can also enable you to charge more competitive prices.
If the word limit permits, you can discuss other factors. For instance, you could discuss how having a virtual address also means that you do not need to worry about the legal aspects of making your home a registered address.

You could briefly talk about the work each of your employees does and explain that the kind of work can be done remotely and does not require an office/premises. You can strengthen your argument by discussing how you work as a team with your staff and coordinate your work.

suvalike wrote:

sm12 wrote:The answer to this one would depend upon why you use a virtual address and also what kind of work the two staff members do? Maybe you can list your reasons here so that we can offer better advice.

Among other reasons, I would imagine one reason would be the cost advantage. You can explain this and also that for a start up, spending your resources on a lease/rent would have been too expensive. If you live in an area where renting is very expensive, you can mention this. Moreover, by not having an office, your cost savings can also enable you to charge more competitive prices.
If the word limit permits, you can discuss other factors. For instance, you could discuss how having a virtual address also means that you do not need to worry about the legal aspects of making your home a registered address.

You could briefly talk about the work each of your employees does and explain that the kind of work can be done remotely and does not require an office/premises. You can strengthen your argument by discussing how you work as a team with your staff and coordinate your work.

Thanks for the input.

We do provide the IT services and consultancy.The reasons for the virtual office were same as you said cost effective and most of the work could be done remotely. I spend most of the time on the clients site.So there was no need of the physical office but we had the shared desk space and did have meentings whenever required.So it was not 100 cent virtual.There was facility of having the meeting room and have the work desk whenever needed on PAYG basis.


One employee do the Admin role and other operations role.

The one who does the admin role was responsible for drafting the contracts for clients and co-ordination with the clients and a bit of social media marketing.

The other employee was working as a help desk support e.g resolving the client tickets and queries remotely and forwarding me the complex or 2nd tier issues.So we do have monthly and sometime weekly meetings in our office.