Tier 1 Entrepreneur refusal - Job creation matter

kaps84 wrote: ↑

Fri Feb 09, 2018 12:49 pm

I think this 'Letter D' thing is just an 'additional' stuff from where I see it (from visa application perspective atleast). I might be completely wrong and this could be a really important thing to a CW to determine if an employee is full-time or part-time. Not sure!

My accountant explained to me that mine hasn't been selected, so you're right in that it's additional. I think she said they'd been doing it as E or 'default' is how she described it.

The point to argue is in Pg 91 of the guidance where it says "We consider full-time to be 30 hours per week / 120 hours per month" and the same text in Pg 46 of the application form.
You can use that to argue that the other jobs should be considered full time.

this come from the old guidance, HO delete this sentence of 120/hours per month

niomi wrote: ↑

Fri Feb 09, 2018 8:48 am

HMG wrote: ↑

Mon Jan 15, 2018 4:58 pm

zimba88 wrote: ↑

Sun Jan 14, 2018 9:23 pm

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

HMG wrote: ↑

Sat Feb 10, 2018 7:24 pm

niomi wrote: ↑

Fri Feb 09, 2018 8:48 am

HMG wrote: ↑

Mon Jan 15, 2018 4:58 pm

zimba88 wrote: ↑

Sun Jan 14, 2018 9:23 pm

FOI requests are not for you to inquiry about the immigration rules. Rules are clear as we repeated hundreds of times, 104 weeks of full time employment (which is defined as 30 hours per week) If you do NOT have 104 weeks of full time employment, you do not get the points.

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

Thanks for the update -- when did you apply for AR? I guess it's been a month now?
good luck.

niomi wrote: ↑

Sat Feb 10, 2018 8:54 pm

HMG wrote: ↑

Sat Feb 10, 2018 7:24 pm

niomi wrote: ↑

Fri Feb 09, 2018 8:48 am

HMG wrote: ↑

Mon Jan 15, 2018 4:58 pm

I am waiting and will update everyone when any new regarding the AR or the inquiry to the HO

Hi HMG, just wondering if you've heard back yet about AR?

Hi, I am still waiting

Thanks for the update -- when did you apply for AR? I guess it's been a month now?
good luck.

You welcome. I applied on 18th Jahnuary so I suppose to hear from them very soon I guess

Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

mshakeel2002 wrote: ↑

Sun Feb 11, 2018 10:07 pm

Thanks , your post has actually helped me, i thought they add extra hours but it appears they dont. I need to apply for my ILR.

You welcome

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

HMG wrote: ↑

Wed Feb 14, 2018 3:10 pm

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

niomi wrote: ↑

Thu Feb 15, 2018 10:09 am

HMG wrote: ↑

Wed Feb 14, 2018 3:10 pm

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone

HMG wrote: ↑

Thu Feb 15, 2018 1:29 pm

niomi wrote: ↑

Thu Feb 15, 2018 10:09 am

HMG wrote: ↑

Wed Feb 14, 2018 3:10 pm

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone

Partial refund, in most cases, means visa approval. congratulations in advance

Faheemryk wrote: ↑

Thu Feb 15, 2018 7:20 pm

HMG wrote: ↑

Thu Feb 15, 2018 1:29 pm

niomi wrote: ↑

Thu Feb 15, 2018 10:09 am

HMG wrote: ↑

Wed Feb 14, 2018 3:10 pm

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone

Partial refund, in most cases, means visa approval. congratulations in advance

Thanks a lot and I hope it is as you said

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

And it is going to be a relief to others who have been on the 120 hrs/month for FT.

I expect HO to update the documents, but until then you have shown there is hope for those who only have 120 hrs/month.

I had three points relied on for my AR

First the 120 hours/ month
Second transitional period
Third in the interview I gave them more payslips to proof the two jobs is maintained after I submitted the application.

In addition to this: I submitted with my extension application, more payslips for employees who worked for me but for another company. I did not claim any employment of them because I thought the employment of the other company is enough. I did not mention this in the AR but who knows, they might consider this themselves, specially I submitted all the relevant documents of the second company with the extension application.

This was my whole package to defend my application against the decision.
I did not receive any letter yet to tell which one they overturned the decision for and if I got any, I will share the content so others can benefit from it.

The most important point I got from what happened is, there is still a hope with the AR, as I personally and like many others thought they would never overturn there decision for any reason.

The last thing, my advice to everyone is to seek advice form more than one solicitor, in addition to the advices from the reliable websites like this respected website. I am saying this because my AR was a combination of two ARs I got from two different solicitors and I combined them together to come up with a better one.

marcnath wrote: ↑

Fri Feb 16, 2018 10:14 pm

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

And it is going to be a relief to others who have been on the 120 hrs/month for FT.

I expect HO to update the documents, but until then you have shown there is hope for those who only have 120 hrs/month.

Thanks a lot. I contacted the HO and they said they took note of the point of 120 hours per month, and they said they will consider this with the new update. I think they will remove it as they prefer the 30 hours/ week, so let's see what will happen in the new update of the guidance

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations ... as I said

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

All my best wishes for you, you should be close to apply for ILR, which you should start preparing for it

Congratulations.

Congrats.
And thank you for sharing your experiences.

zimba88 wrote: ↑

Fri Feb 16, 2018 10:44 pm

Congratulations. That is very good news.
As the full time requirement is 30 hours per week, the monthly calculations are contradictory to this rule. 120 hours is misleading number as a month is not 4 weeks. I believe this will be removed later

Thanks a lot. Yes it is contradictory. I think you are right, they might remove it soon. I contacted HO regarding it and they said they will consider this feedback.

Faheemryk wrote: ↑

Fri Feb 16, 2018 11:26 pm

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations ... as I said

Thanks a lot. Yes as you said

tier1entrepreneur-A wrote: ↑

Sat Feb 17, 2018 12:16 am

HMG wrote: ↑

Fri Feb 16, 2018 10:08 pm

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

All my best wishes for you, you should be close to apply for ILR, which you should start preparing for it

Congratulations.

Thanks a lot. Yes around a year so I will start to prepare soon

miumiuuk wrote: ↑

Sat Feb 17, 2018 12:23 am

Congrats.
And thank you for sharing your experiences.

Thanks a lot. You welcome

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks