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TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Only for UK Tier 1 (Entrepreneur) points system

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sa1221
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United States of America

TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by sa1221 » Thu Aug 09, 2018 9:29 pm

Hello All,
please accept my sincere apologies if anything is confusing

TIMELINE
Application sent: 14th April 2017
Complex letter received after 4 weeks.
Had an interview in my home 12th Jan 18

2012 applied for PSW, granted for 2 years
Apr 2014 Applied as self employed, granted for 3 years (2014 to 2017)
Apr 2017 Applied for extension
Nature of business: IT
worked from Home

REFUSAL:
You have claimed points for investing made into a UK business

46. Documentary evidence must be provided in all cases. The specified documents in Paragraph 46-SD must be provided as evidence of any business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (PSW) Migrant, and any investment made no more than 12 months (or 24 months if the applicant was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of application for which the applicant claiming points.

46-SD. The specified documents in paragraph 41(b) and 46 are as follows;
(b) When evidencing the investment; (1) The audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name).


you have failed to provide unaudited accounts to satisfy the above immigration rule

Therefore we are unable to award points for investment made in the UK business.

Reason 2:
The specified documents in paragraph 41(b) and 46 areas follow;

(c) The applicant must provide the following specific documents to show that he has established a UK business: (i) Evidence that the business has business premises in the UK

(1) if the applicant is self employed, his registration with HM Revenue and Customs to show that the business is based in the UK.

As you have stated you are self employed the specified documents mention above which you should have provided are the HMRC welcome letter which is issued to self employed persons in the UK. As you have not provided this document we are unable to provide points for being registered as self employed within 6 months of grant.


I provided the welcome Letter to HO & I mention it in my cover letter as well. Also during the interview, the guy asked for my Account Office Reference. Then I emailed it to them.

I've provided all my 3 years personal & my business acc, as I used my personal acc during my first year then I used my business acc.
I provided a letter from my accountant to show how much I invested during the 3 years.
identifiable transactions in the original bank statements
3 years unaudited accounts as well
HMRC TAX return forms for 3 years
advertisements, other costs & etc
Confirmation for applicant's LL business bank in the UK

Your help will be highly appreciated.

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marcnath
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Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by marcnath » Fri Aug 10, 2018 7:48 am

I am not sure what help is to be provided without access to the actual documents that only you have.

The reasons for refusal are very clear. I hope you have looked at the requirements that they have stated properly. For example, the requirement is "show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). "

Similarly, "being registered as self employed within 6 months of grant."

If you have met all the requirements and the CW has made a mistake (it happens), then make the argument in your AR
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.

sa1221
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Posts: 3
Joined: Thu Aug 09, 2018 5:01 pm
United States of America

Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by sa1221 » Fri Aug 10, 2018 9:14 am

marcnath wrote:
Fri Aug 10, 2018 7:48 am
I am not sure what help is to be provided without access to the actual documents that only you have.

These 2 reasons are exactly what they written. I've awarded all the rest of points (Job, Lang & maintenance)

The reasons for refusal are very clear. I hope you have looked at the requirements that they have stated properly. For example, the requirement is "show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). "
Thank you very much
I've provided the original buss bank statements and a confirmation letter from the bank shows this account is mine. is there anything else I can provided to them?
marcnath wrote:
Fri Aug 10, 2018 7:48 am
Similarly, "being registered as self employed within 6 months of grant."
I provided my WL. With this letter I was granted my initial visa. my question is: do they look for this letter? they have already had this letter. I again sent it with my documents.

Many thanks

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marcnath
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Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by marcnath » Fri Aug 10, 2018 9:25 am

sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
I am not sure what help is to be provided without access to the actual documents that only you have.

These 2 reasons are exactly what they written. I've awarded all the rest of points (Job, Lang & maintenance)

The reasons for refusal are very clear. I hope you have looked at the requirements that they have stated properly. For example, the requirement is "show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). "
Thank you very much
I've provided the original buss bank statements and a confirmation letter from the bank shows this account is mine. is there anything else I can provided to them?
The refusal did not refer to bank statements. It referred to your unaudited accounts, which should show your investment clearly with your name mentioned - did your unaudited accounts do that ?
sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
Similarly, "being registered as self employed within 6 months of grant."
I provided my WL. With this letter I was granted my initial visa. my question is: do they look for this letter? they have already had this letter. I again sent it with my documents.

Many thanks
Yes, that is the letter they are looking for. It appears you were self employed before you applied for your visa, so the date of that letter is possibly well before your visa grant date. Maybe the CW was looking for a date between April 2014 and October 2014. If so, that is an error on CWs part and would be cleared on AR.
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.

sa1221
Newly Registered
Posts: 3
Joined: Thu Aug 09, 2018 5:01 pm
United States of America

Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by sa1221 » Fri Aug 10, 2018 9:57 am

marcnath wrote:
Fri Aug 10, 2018 9:25 am
sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
I am not sure what help is to be provided without access to the actual documents that only you have.

These 2 reasons are exactly what they written. I've awarded all the rest of points (Job, Lang & maintenance)

The reasons for refusal are very clear. I hope you have looked at the requirements that they have stated properly. For example, the requirement is "show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). "
Thank you very much
I've provided the original buss bank statements and a confirmation letter from the bank shows this account is mine. is there anything else I can provided to them?
The refusal did not refer to bank statements. It referred to your unaudited accounts, which should show your investment clearly with your name mentioned - did your unaudited accounts do that ?
Yes, they did. I provided 4 booklet of my unaudited accounts including:
Jan 2014 to Apr 2014 : sale 4170, Expense 823
Apr 2014 to Apr 2015 : sale 7400, Expense 5461
Apr 2015 to Apr 2016 : sale 22450, Exp 33613
Apr 2016 to Apr 2017 : sale 50723, Exp 36880

Even after my interview in Jan 2018 I again emailed all of them plus my bank statements since I applied because the officer asked for.
what do you think, after 1 & 4 months they raised these issues? Why they invited for interview? If I missed these documents they could ask after the interview as they asked for more documents but not them.
Merchant, is it not unusual for a self employed to asked for these things?
marcnath wrote:
Fri Aug 10, 2018 9:25 am
sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
Similarly, "being registered as self employed within 6 months of grant."
I provided my WL. With this letter I was granted my initial visa. my question is: do they look for this letter? they have already had this letter. I again sent it with my documents.

Many thanks
Yes, that is the letter they are looking for. It appears you were self employed before you applied for your visa, so the date of that letter is possibly well before your visa grant date. Maybe the CW was looking for a date between April 2014 and October 2014. If so, that is an error on CWs part and would be cleared on AR.
I registered as self-employed in Jan 2014 and applied in March 2014 & granted 3 years initial visa from Apr 2014 to Apr 2017
Is that fine?

Thank you very much.

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marcnath
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Location: Milton Keynes

Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by marcnath » Fri Aug 10, 2018 10:17 am

sa1221 wrote:
Fri Aug 10, 2018 9:57 am
marcnath wrote:
Fri Aug 10, 2018 9:25 am
sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
I am not sure what help is to be provided without access to the actual documents that only you have.

These 2 reasons are exactly what they written. I've awarded all the rest of points (Job, Lang & maintenance)

The reasons for refusal are very clear. I hope you have looked at the requirements that they have stated properly. For example, the requirement is "show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). "
Thank you very much
I've provided the original buss bank statements and a confirmation letter from the bank shows this account is mine. is there anything else I can provided to them?
The refusal did not refer to bank statements. It referred to your unaudited accounts, which should show your investment clearly with your name mentioned - did your unaudited accounts do that ?
Yes, they did. I provided 4 booklet of my unaudited accounts including:
Jan 2014 to Apr 2014 : sale 4170, Expense 823
Apr 2014 to Apr 2015 : sale 7400, Expense 5461
Apr 2015 to Apr 2016 : sale 22450, Exp 33613
Apr 2016 to Apr 2017 : sale 50723, Exp 36880

Even after my interview in Jan 2018 I again emailed all of them plus my bank statements since I applied because the officer asked for.
what do you think, after 1 & 4 months they raised these issues? Why they invited for interview? If I missed these documents they could ask after the interview as they asked for more documents but not them.
Merchant, is it not unusual for a self employed to asked for these things?
You are missing the point. I am not sure if I can make it any clearer.
The unaudited accounts SHOULD SHOW THE INVESTMENT MADE BY YOU AND SHOW YOUR NAME AGAINST THAT INVESTMENT.

Nothing you have posted so far confirms whether you met that requirement or not.

sa1221 wrote:
Fri Aug 10, 2018 9:57 am
marcnath wrote:
Fri Aug 10, 2018 9:25 am
sa1221 wrote:
Fri Aug 10, 2018 9:14 am
marcnath wrote:
Fri Aug 10, 2018 7:48 am
Similarly, "being registered as self employed within 6 months of grant."
I provided my WL. With this letter I was granted my initial visa. my question is: do they look for this letter? they have already had this letter. I again sent it with my documents.

Many thanks
Yes, that is the letter they are looking for. It appears you were self employed before you applied for your visa, so the date of that letter is possibly well before your visa grant date. Maybe the CW was looking for a date between April 2014 and October 2014. If so, that is an error on CWs part and would be cleared on AR.
I registered as self-employed in Jan 2014 and applied in March 2014 & granted 3 years initial visa from Apr 2014 to Apr 2017
Is that fine?

Thank you very much.
That seems fine
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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kaps84
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Joined: Tue Mar 03, 2015 12:12 pm

Re: TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED Aug 18 - Need guidance

Post by kaps84 » Fri Aug 10, 2018 11:16 am

sa1221 wrote:
Fri Aug 10, 2018 9:57 am
Yes, they did. I provided 4 booklet of my unaudited accounts including:
Jan 2014 to Apr 2014 : sale 4170, Expense 823
Apr 2014 to Apr 2015 : sale 7400, Expense 5461
Apr 2015 to Apr 2016 : sale 22450, Exp 33613
Apr 2016 to Apr 2017 : sale 50723, Exp 36880

Even after my interview in Jan 2018 I again emailed all of them plus my bank statements since I applied because the officer asked for.
what do you think, after 1 & 4 months they raised these issues? Why they invited for interview? If I missed these documents they could ask after the interview as they asked for more documents but not them.
Merchant, is it not unusual for a self employed to asked for these things?
@sa1221, as you stated above, it is right that you provided them the unaudited accounts. But as marcnath stated, did those accounts clearly stated "the investment made by you and SHOWS YOUR NAME against that investment ?
marcnath wrote:
Fri Aug 10, 2018 10:17 am
You are missing the point. I am not sure if I can make it any clearer.
The unaudited accounts SHOULD SHOW THE INVESTMENT MADE BY YOU AND SHOW YOUR NAME AGAINST THAT INVESTMENT.

Nothing you have posted so far confirms whether you met that requirement or not.
-- Kaps84

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