Tier-1 Entrepreneur Visa Extenssion

Summary:
Visa Extension refused as I was short of 20days and all other required points have been granted. I have been requested to submit an Administration Review. Also in the refusal letter the following was mentioned.

"You asked us to take into consideration the fact that you were unable to meet the maintenance
requirements due to the fact that you were unable to get an appointment with an immigration
advisor in time, and were unaware of what was required. Due to the fact that you have submitted previous
applications we conclude that you were fully aware of the rules when these applications were
made and supplied the correct maintenance previously. therefore we are refusing your application."

Details:

I'm a Sri Lankan origin and came to UK as a Tier-1 Entrepreneur investor 200k channel and my initial application/visa was granted in United Arab Emirates. Before I came to UK on Entrepreneur Visa, I visited UK in 2014 to look for a business and even on my tourist/visit visa application I mentioned the reason for traveling to UK as my intensions were to come to UK as an Tier-1 Entrepreneur investor. When I came to UK in 2014, I paid a deposit for my business which I own now and when I came in 2015 April on Tier-1 Entrepreneur visa, I immediately did all required formalities as per the visa requirements. Also my business plan which I submitted was based on my business which I have today as I already paid the deposit for the business in 2014 and my intensions were very clear and straight forward.

My extension was due in July 2018 and I had few queries about my visa extension and called home office in 2016 and 2018, but I was asked to go through lawyer as the information wasn't available in the GOV.uk site.

When my Extension was getting closer, I had to seek a lawyer and I got an appointment to see a lawyer in May 2018, i.e. 15th May. I took the list of requirements from the lawyer and that night I found that my maintenance funds were not there and immediately I had to bank the required sum on 16th May. As my visa extension was due by 29th July, I noticed that I was short of 16 days and had to go on the panic button. Then I contacted the home office immediately and I was told to write a letter and submit with my application. As I was so worried, I wrote a letter to home office and I never received a response. Then I approached our local mayor and MP, and the MP wrote a letter to the home office. After 4 weeks I received a response mentioning my application need to be submitted to make a decision.

I made my application via a solicitor on 26th of July and I included all my correspondence with home office and informed about the mistake/over sight and sadly I received a refusal letter today. Going forward, I would greatly appreciate your advise and any guidance.

How I can submit the admin review as per my situation???

Thank you in advance.

Simon

The Tier 1 Entrepreneur guidance and immigration rules have always been clear on the requirement of 90 days maintenance. It is nothing 'new'. It is also always the applicants responsibility to ensure they meet the requirements for whatever application they are making.

The refusal is correct as you did not plan appropriately and have the required maintenance funds for the specified length of time.

To be honest, this is a fairly poor excuse. I doubt you will be successful with AR as you failed to meet one of the many requirements for an extension.

You asked us to take into consideration the fact that you were unable to meet the maintenance
requirements due to the fact that you were unable to get an appointment with an immigration
advisor in time, and were unaware of what was required.

Dear CR001,

Thank you for your quick response. If AR isn't going to work, what are the other options?

VSC wrote: ↑

Tue Oct 02, 2018 10:22 pm

Dear CR001,

Thank you for your quick response. If AR isn't going to work, what are the other options?

Hopefully you have since maintained funds. You can make a fresh application within 14 days with all the correct documents.

If you need more time, you can submit your AR. It will definitely fail, but you get some time while they process it and do the refusal. You can submit your new application any time.

Did you not have funds in an overseas account either to cover the extra 16 days ?

Dear marcnath,

Thank you for your message and advise. I do not have any accounts out of UK anymore and it is so unfortunate that I made this mistake. My refusal letter states that I was fully aware of the requirements as I have applied for visas before. But I never knew that I had to maintain 90 days of maintenance funds as I was already in UK and running a genuine business investing over 200k from the 1st month of my arrival in UK. Also I accepted my fault and sent a cover letter with my application.

Today I met my solicitor and was advised to submit the AR with the guidance of a barrister. Any thoughts, advise is much much appreciated at this point.

Thank you!

VSS

VSC wrote: ↑

Wed Oct 03, 2018 4:27 pm

Dear marcnath,

Thank you for your message and advise. I do not have any accounts out of UK anymore and it is so unfortunate that I made this mistake. My refusal letter states that I was fully aware of the requirements as I have applied for visas before. But I never knew that I had to maintain 90 days of maintenance funds as I was already in UK and running a genuine business investing over 200k from the 1st month of my arrival in UK. Also I accepted my fault and sent a cover letter with my application.

Today I met my solicitor and was advised to submit the AR with the guidance of a barrister. Any thoughts, advise is much much appreciated at this point.

Thank you!

VSS

Yes, you can go for AR. In the meantime, maintain the maintenance funds if you have not done so and prepare for a fresh application

With reference to the refusal, also my solicitor advised me that I cannot apply with a fresh application as all my original documents/passports are still with Home Office. This could be a formality with Home Office which I don't know. But as per solicitors, if I apply fresh when I'm given the AR opportunity, the HO may have sent the original documents via post and I may have unforeseen issues and my application will be rejected once again.
Also my solicitor advised that I would not have time to submit a fresh application before 11th October.

My refusal letter is dated 27th September and the solicitors received the letter on the 2nd of October.

My Solicitor is seeking advise from a barrister in preparing the cover letter for Home Office which will go with the AR documents before 11th October.

Any advise and guidance at this stage is highly appreciated. Thank you so much for all your input thus far and also I hope this information would be valuable information for someone applying for Entrepreneur visa in UK to avoid such situations in the future.

VSC wrote: ↑

Mon Oct 08, 2018 12:56 am

With reference to the refusal, also my solicitor advised me that I cannot apply with a fresh application as all my original documents/passports are still with Home Office. This could be a formality with Home Office which I don't know. But as per solicitors, if I apply fresh when I'm given the AR opportunity, the HO may have sent the original documents via post and I may have unforeseen issues and my application will be rejected once again.
Also my solicitor advised that I would not have time to submit a fresh application before 11th October.

My refusal letter is dated 27th September and the solicitors received the letter on the 2nd of October.

My Solicitor is seeking advise from a barrister in preparing the cover letter for Home Office which will go with the AR documents before 11th October.

Any advise and guidance at this stage is highly appreciated. Thank you so much for all your input thus far and also I hope this information would be valuable information for someone applying for Entrepreneur visa in UK to avoid such situations in the future.

My earlier comments stand. If you have any other specific questions, let us know. Otherwise, I'll let others comment.

I applied for AR as suggested by solicitors and it was refused once again. My AR was supported with a letter from a barrister pointing the following.

On my refusal, HO has rejected based on Appendix A, B, C was not satisfaying the secretary of state. But actually I was granted full points for Appendix A & B. C was the actual issue which we knew when we applied as the maintenance funds were not kept in the bank for 90 days and I was short of 16 days. On the AR refusal, the HO office has apologised us that there was a typographical error but they remain with the original decision to refuse the application.

Now I need to apply with a fresh application and I need any advise if I'm entitled to operate the business and if my wife (Dependent) could continue working? As per the refusal letter attachments from the HO it is mentioning that we are not supposed to work, Already Im the main applicant and we are not supposed to work as per the Tier-1 Entrepreneur visa category. This is confusing if I'm supposed to stop my business???? Even a enforcement letter is attached to the refusal and this is extremely shocking. Any advise is highly appreciated.

You and your dependents are now overstayers as your section 3C ended. You can continue your business however you cannot be on company payroll. Unfortunately your wife will also lose her right to work until you regularise your stay

Thank you for your quick response and information. greatly appreciate it.

I'm utterly speechless with the situation and I do understand there has been a mistake from my end that I missed 16 days and my lawyers never informed me that we need to maintain 90 days of maintenance funds when we are already in UK doing a business for over 3 years. It further drains us more in the fact that if we ever knew when we applied and came to UK on tier-1 entrepreneur visa that when we do our extensions the tolerance for mistakes is zero and if we are going to receive such hash treatment. I doubt genuine investors would come in such conditions and I don't think anyone would know about 3C and the law in detail until it really happens. I simply hope and pray such situations do not happen to people.

When does the status regularise in our situation, if anyone could enlighten further. Is it when I apply with a fresh application or when we receive the visa approval in 6 to 8 weeks time or whenever HO decides?

VSC wrote: ↑

Thu Nov 15, 2018 7:01 am

Thank you for your quick response and information. greatly appreciate it.

I'm utterly speechless with the situation and I do understand there has been a mistake from my end that I missed 16 days and my lawyers never informed me that we need to maintain 90 days of maintenance funds when we are already in UK doing a business for over 3 years. It further drains us more in the fact that if we ever knew when we applied and came to UK on tier-1 entrepreneur visa that when we do our extensions the tolerance for mistakes is zero and if we are going to receive such hash treatment. I doubt genuine investors would come in such conditions and I don't think anyone would know about 3C and the law in detail until it really happens. I simply hope and pray such situations do not happen to people.

When does the status regularise in our situation, if anyone could enlighten further. Is it when I apply with a fresh application or when we receive the visa approval in 6 to 8 weeks time or whenever HO decides?

When you receive visa approval.

VSC wrote: ↑

Thu Nov 15, 2018 7:01 am

Thank you for your quick response and information. greatly appreciate it.

I'm utterly speechless with the situation and I do understand there has been a mistake from my end that I missed 16 days and my lawyers never informed me that we need to maintain 90 days of maintenance funds when we are already in UK doing a business for over 3 years. It further drains us more in the fact that if we ever knew when we applied and came to UK on tier-1 entrepreneur visa that when we do our extensions the tolerance for mistakes is zero and if we are going to receive such hash treatment. I doubt genuine investors would come in such conditions and I don't think anyone would know about 3C and the law in detail until it really happens. I simply hope and pray such situations do not happen to people.

When does the status regularise in our situation, if anyone could enlighten further. Is it when I apply with a fresh application or when we receive the visa approval in 6 to 8 weeks time or whenever HO decides?

I understand and appreciate the frustration. This 90 day rule is an arbitrary and meaningless one.
Having said that, HO has no option but to apply a rule without discretion. Giving the CW discretion would mean very different standards for different people. And the amount of back and forth and reconsiderations would just result in each application taking more time and resources, causing even more delays for everyone.

Thank you for all your inputs. I have submitted all my papers to the solicitors yesterday and the application will be submitted today, which is within the 9 day period. Hope I hear some good news soon. Once I have some time, I would like to post my first hand experience coming through the Tier-1 Entrepreneur visa category to UK for anyone to use as reference. Therefore, if anyone knows where it should be posted, please let me know.

You can post in this topic. No need for multiple topics.

Thank you CR001. I will do so

Happy New Year to all.

Wanted to share the status of my fresh application made in mid November 2018. On 3rd Jan I received a letter from HO and the visa was approved and this is the best news beginning of the year!

Thank you for all your advise and information provided during the difficult time.

God bless!

VSC

VSC wrote: ↑

Sat Jan 05, 2019 7:25 pm

Happy New Year to all.

Wanted to share the status of my fresh application made in mid November 2018. On 3rd Jan I received a letter from HO and the visa was approved and this is the best news beginning of the year!

Thank you for all your advise and information provided during the difficult time.

God bless!

VSC

Congratulations !! Glad to see it worked out ok.