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Tier 1 Entrepreneur Extension Visa Refused. 322(3)

Only for UK Tier 1 (Entrepreneur) points system

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Adi87
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Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 4:33 pm

Hello Every one,
i was on Tier 1 Entrepreneur Visa and i did applied extension last year in August 2017. decision came today with deception. issue is i got visa in August 2014 and i left my job December 2014.even though i was working one day and payments reflect in to my personal account. home office says i was not allowed after Tier 1 visa approval which is correct.but Now from last 4 years i am running my successful business which i have records and everything.

question is now how can i take this situation even though i did worked which i am excepting . i am confused on which terms i can file my case or Jr . help requested with poits please ...


Thanks

Regards

sm12
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by sm12 » Mon Sep 10, 2018 4:41 pm

You worked for one day or up until December 2017?
Did they interview you and ask you about this?

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 4:44 pm

only one to two days .. August to December 2014.

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CR001
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by CR001 » Mon Sep 10, 2018 4:45 pm

Adi87 wrote:
Mon Sep 10, 2018 4:44 pm
only one to two days .. August to December 2014.
Per month or during the whole period??

Why were you working when you knew you would be breaching your visa conditions?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by sm12 » Mon Sep 10, 2018 4:50 pm

Adi87 wrote:
Mon Sep 10, 2018 4:44 pm
only one to two days .. August to December 2014.
Did you work one or two days before receiving the decision, or were these one or two days worked after you received your entrepreneur permit?

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 4:50 pm

at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

sm12
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by sm12 » Mon Sep 10, 2018 4:52 pm

Adi87 wrote:
Mon Sep 10, 2018 4:50 pm
at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.
What exactly did they write in the letter?
If you worked after receiving your approval, it will be very tough to fight this but you should seek legal advice.

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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Momi » Mon Sep 10, 2018 4:54 pm

Adi87 wrote:
Mon Sep 10, 2018 4:50 pm
at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.
It's a difficult one to clear on JR. you can't argue that you were struggling that's why you carried on your job even it's one day a week.

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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by marcnath » Mon Sep 10, 2018 7:00 pm

Adi87 wrote:
Mon Sep 10, 2018 4:50 pm
at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

I am not sure why you are not clear about how much you have actually worked ?

It looks like you were working one day a week for 5 months ?

If so, that is going to be tough to argue.

Having said that, I don't understand the "deception" part. You were in violation of the immigration rules and so they should curtail your visa.

However, unless you deliberately gave wrong information, it can't be deception.
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.

Ab2632
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Ab2632 » Mon Sep 10, 2018 7:36 pm

Did they interview you and ask you about this or they find employment history by Hmrc?

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 8:42 pm

no interview at all .. they contacted by HMRC ..

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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 9:02 pm

Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.

sm12
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by sm12 » Mon Sep 10, 2018 9:08 pm

Adi87 wrote:
Mon Sep 10, 2018 9:02 pm
Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.
Have they actual refused under deception? Is deception mentioned in the refusal?

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Casa
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Casa » Mon Sep 10, 2018 9:09 pm

Adi87 wrote:
Mon Sep 10, 2018 9:02 pm
Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.
In which case the Home Office is fully aware of your period of employment from HMRC records. . :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Casa » Mon Sep 10, 2018 9:10 pm

Adi87 wrote:
Mon Sep 10, 2018 4:33 pm
decision came today with deception.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 9:13 pm

in light of this secretary of state has deemed that refusal is appropriate and uder paragraph 322(3) and is not prepared to exercise discretion in your favour.......................

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 9:30 pm

there is no "deception" word in the complete decision.

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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Momi » Mon Sep 10, 2018 9:43 pm

Adi87 wrote:
Mon Sep 10, 2018 9:30 pm
there is no "deception" word in the complete decision.
This is the reason

322(3) failure to comply with any conditions attached to the current or a previous grant of leave to enter or remain, unless leave has been granted in the knowledge of a previous breach;

Adi87
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Adi87 » Mon Sep 10, 2018 9:45 pm

what is the solution now ?

Ab2632
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Re: Tier 1 Entrepreneure Visa Refused -Due to Previous Employment history

Post by Ab2632 » Mon Sep 10, 2018 10:32 pm

did they refund you ihs partial or full?

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