ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu May 17, 2018 7:25 pm

Hello everybody
I’m looking for an advice what to do I’ve got two options
1.To apply for AR
2.To apply new application
So visa was refused on basis that :
1.I was granted no points for investment under Paragraph 46-SD (a)(ii)
On initial application I’ve shown investments from December 2013 till April 2014 where I invested £115 k but I finished all investments in July 2014
Initial visa was granted in June 2014
As evidence I’ve shown accountants letter which wasn’t sufficient
Bank account and Uk taxation was provided in initial application
2.Engagement in business no points granted under Paragraph 46-SD (g) (ii)
I’ve provided :
Company Information for Company House
Company House beta copy
Company House AP01
3. Jobs creation no points granted
As it mentioned before I’ve started investments in December 2013 but I was pointed as a director on 7.04.2014
First employer started working in January 2014
Second in March 2014
Third on 06.04.2014
Fourth in 2015 for whom it was counted 710 hours
It mentioned that I was not a director when first 3 employers started to work even though my investments are helped to employ those people

In last years we employed more people for work whom I can show.
I’m the only one specialist in my area and most of the work will be stopped if I’m leaving the company.
So I’m asking your advice. What to do either apply a new application with all sufficient information that I failed to provide and backup myself proving that only my investments created those jobs or applying more workers that might help
Or to try to provide evidence for AR
Many thanks

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu May 17, 2018 7:28 pm

My timeline:
Tier1 ext
Application sent 25.09.2017
Bio done on 01.10.2017
Complex letter on 09.10.2017
Refused 14.05.2018

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Thu May 17, 2018 8:05 pm

Unfortunately, you appear to have not read the guidelines and documents required.
Since you did not submit the unaudited accounts, your investment will not be given points.
You can't add additional evidence in the AR process, so you are left with no option but to do a new application. You can submit an AR to give you more time to prepare the fresh application.
2. Engagement in business - make sure you submit the Current Appointment Record (CAR).
3. The employment requirement is that there should be a net increase of two jobs after you joined the business. Hopefully you have that. Otherwise, this is something that you need to try and challenge in an AR to see if it can be accepted.
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu May 17, 2018 8:25 pm

marcnath wrote:
Thu May 17, 2018 8:05 pm
Unfortunately, you appear to have not read the guidelines and documents required.
Since you did not submit the unaudited accounts, your investment will not be given points.
You can't add additional evidence in the AR process, so you are left with no option but to do a new application. You can submit an AR to give you more time to prepare the fresh application.
2. Engagement in business - make sure you submit the Current Appointment Record (CAR).
3. The employment requirement is that there should be a net increase of two jobs after you joined the business. Hopefully you have that. Otherwise, this is something that you need to try and challenge in an AR to see if it can be accepted.
According to employment I’m wondering if I could use new employees who started working in 2017 before my first application but they could not meet the requirements by September 2017 as a year of full time work but in new application it would be more than needed
I’ve go workers joined business in February 2017 so by February 2018 they are working 1 year
Or it should be 1 year before my first application?

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Thu May 17, 2018 9:12 pm

Vechnii wrote:
Thu May 17, 2018 8:25 pm
marcnath wrote:
Thu May 17, 2018 8:05 pm
Unfortunately, you appear to have not read the guidelines and documents required.
Since you did not submit the unaudited accounts, your investment will not be given points.
You can't add additional evidence in the AR process, so you are left with no option but to do a new application. You can submit an AR to give you more time to prepare the fresh application.
2. Engagement in business - make sure you submit the Current Appointment Record (CAR).
3. The employment requirement is that there should be a net increase of two jobs after you joined the business. Hopefully you have that. Otherwise, this is something that you need to try and challenge in an AR to see if it can be accepted.
According to employment I’m wondering if I could use new employees who started working in 2017 before my first application but they could not meet the requirements by September 2017 as a year of full time work but in new application it would be more than needed
I’ve go workers joined business in February 2017 so by February 2018 they are working 1 year
Or it should be 1 year before my first application?
The requirement is that there should be an increase of two jobs.
So, before you joined, you had at least three jobs that you mentioned and I assume there were other employees in the business (for an example, let's assume there were two). So that would mean you had total of 5 jobs before you joined and now you need to show that you had 7 jobs at least between Feb 17 and Feb 18.
You should be able to use the employment until now, so that should not be a problem
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Tue Jun 26, 2018 4:24 pm

Continue to my story:
Prepared all the documents till the last day of legal stay and applied on super premium by the end of May .
Bio on 7 of June in solicitors office
Letter from HO with old docs on 12 of June
Refuse on second application 26.06.2018
Reason:
1.No points given for investments
Bank statement from company given
Personal bank statement given
Direct transfer can be easily seen on both of them
2.job creation 0 points
3 jobs shown
2 part time accepted
1 full time not accepted
Due to their calculations person worked full 130 hours some months and 112 hours another
Totally 9 monthes accepted
But I gave them 15 monthes in total and last monthes missing
Salary counted per year shows 52 weeks with salary 7.95
32 hours per week mentioned in accountants letter
Payslips proving that.
Even though not counted
Applying for Admin Review

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Tue Jun 26, 2018 4:41 pm

Vechnii wrote:
Tue Jun 26, 2018 4:24 pm
Continue to my story:
Prepared all the documents till the last day of legal stay and applied on super premium by the end of May .
Bio on 7 of June in solicitors office
Letter from HO with old docs on 12 of June
Refuse on second application 26.06.2018
Reason:
1.No points given for investments
Bank statement from company given
Personal bank statement given
Direct transfer can be easily seen on both of them
2.job creation 0 points
3 jobs shown
2 part time accepted
1 full time not accepted
Due to their calculations person worked full 130 hours some months and 112 hours another
Totally 9 monthes accepted
But I gave them 15 monthes in total and last monthes missing
Salary counted per year shows 52 weeks with salary 7.95
32 hours per week mentioned in accountants letter
Payslips proving that.
Even though not counted
Applying for Admin Review
Investment - did you not submit unaudited accounts ?
Job creation - if you have 12 months with more than 130 hours each, it should be accepted. Annual salary is irrelevant, it has to be calculated month bt month or even week by week. The accountant's letter is irrelevant also.
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Tue Jun 26, 2018 4:53 pm

Unaudited accounts submitted showing investment and in the letter it said they got it
Payslips given for 15 monthes
3 monthes in those 15 person was not paid in full and its said in next payslips as late salary payments even though they had 12 monthes fully paid payslips
My question is :Can I explain it in ther letter for AR
Another question is 115k was accepted in initial application and 1 extension (its clearly said in refusal) even though I gave them all sufficient info in fresh application and they did not accept investments at all.

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Tue Jun 26, 2018 8:08 pm

Vechnii wrote:
Tue Jun 26, 2018 4:53 pm
Unaudited accounts submitted showing investment and in the letter it said they got it
Another question is 115k was accepted in initial application and 1 extension (its clearly said in refusal) even though I gave them all sufficient info in fresh application and they did not accept investments at all.
So what exactly was the reason for refusal of investment points ? It would be useful if you had the actual text here.
Vechnii wrote:
Tue Jun 26, 2018 4:53 pm

Payslips given for 15 monthes
3 monthes in those 15 person was not paid in full and its said in next payslips as late salary payments even though they had 12 monthes fully paid payslips
My question is :Can I explain it in ther letter for AR
Yes, you can explain that. You should have done that in a separate letter or your cover letter but it can still be done now.
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 3:48 pm

1. No points were rewarded on investments where caseworker applied paragraph 45 (c)(i) of Appendix A of Immigration Rules which states:
45. The applicant must provide their business accounts and accompanying evidence of their investment, which must meet the following requirements:
(c) the audited or unaudited accounts must show the investment in money made directly in the business by:
(i) the applicant, in their own name
However, I believe, Paragraph 45(e) should have been applied in my case which states:
(e) if the applicant has made the investment in the form of share capital, the accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on their application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided;

should have been applied in my case as my investments were not direct but through the share capital.
Supporting documents were sent:
1. Bank statements, showing transfer of the investment funds from the Main
Applicant’s personal bank account
2. Bank statements, showing receipt of the investment funds into the business
bank account of the Compa
3. Appointment report from the Companies House for the Company
4. CS01 Confirmation Statement
5. Company’s business bank statements for the last 3 years
6. Companies savings bank account statements for the last 3 years
7. Financial statements for the year ended 30 June 2017 for the Company
8. Financial statements for the year ended 30 June 2016 for the Company
9. Financial statements for the period from 01 January 2015 to 30 June 2015 for the Company
10. Financial statements for the period from 01 August 2013 to 31 December 2014 for the Company
11. Financial statements for the year ended 31 of July 2012
12. Company’s Corporate Tax Return for the year 2011 - 2012
13. Company’s Corporate Tax Return for the period from 01 August 2014 to 31
December 2014
14. Company’s Corporate Tax Return for the year 2015 – 2016
15. Company’s Corporate Tax Return for the year 2016 – 2017

However, caseworker says that I`ve supplied unaudited accounts 2012,2014,2015,2016,2017 so 2013 is missing.
In addition to that, it was looking strange from my point of view that no investments were counted in that application as it was counted partially GBP in initial and first extension application which was refused in May 2018

2.No points were rewarded for job creation where caseworker applied Paragraph 49 of appendix A which states:
49. (a) A full time job is one involving at least 30 hours of paid work per week.
(b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months. However, one full time job of more than 30 hours of work per week will not count as more than one full time job.
(c) A job may count even if it does not last 12 consecutive months (for example it lasts for 6 months in one year and 6 months the following year) provided that it is the same job.
(d) The jobs need not exist on the date of application, provided that they existed for at least 12 months as specified in Table 5 (row 4) and Table 6 (row 3).
(e) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the applicant successfully applied as a Tier 1 (Entrepreneur) Migrant before 6 April 2014, has had continuous leave as a Tier 1 (Entrepreneur) Migrant since then, and the date of application for entry clearance, leave to remain or indefinite leave to remain is before 6 April 2019.
(f) If jobs are being combined the employees being relied upon must be clearly identified by the applicant in their application.
(g) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage Regulations in effect at the time and the Working Time Regulations 1998.

Hence caseworker accepted 1 full time paid job for Mr *** and Mr *** combined as one position but did not accept Mr **** who was employed as a technician since 01.02.2017 up to the date of application on 31.05.2018
in total 16 months. In caseworkers statement is shown that the worker was working 14 months where only 9 months was full time. However, payslips and fps were submitted for 16 months from 02.2017 to 05.2018 in consequential order month by month and from the table provided in refusal letter it can be clearly seen that 2 months are missing and evidential flexibility paragraph could have been applied.
In addition to that, caseworker states that there was no evidence that Mr**** has worked 30 hours per week or 130 hours per calendar month. However, paragraph 49 of appendix A states "at least 30 hours per week" where 130 hours per calendar month can be found only in a way of calculation as (52 weeks * 30hours per week)/12 months which equals to 52weeks/12 months or 4.33 weeks per month as average. Nevertheless, during a year every month has different amount of working days and cant be counted as average using monthly salary month by month given in payslip and dividing by average monthly weeks 4.33, as it would be incorrect. For Example, February has only 4 working weeks and if its counted only up to 30 hours per week we can not then get a figure of 130 per month so it would not be accepted as full time month. Given that the rest 11 calendar months would have max 130 hours per month, as caseworker states in the letter, although some of them has more weeks. Therefore in total it would be less than 1560 hours per year and would not be accepted as full time working year. So I believe that his calculations and statement were inaccurate because Late Salary Payments haven't been included in calculations though this additional amount of **** GBP can be clearly seen in Jan 2018 payslip. Late salary payment, to my best understanding, should be divided between 6 months May,June,July,August 2017 (which added 20 hours per month ) and November,December 2017 (where should be 7.411 hours per month added ) and figured average amount of weeks per each month. Whereas in April 2018 payslip shows Late Salary payment with *** which covers February 2018. As per my calculations caseworker did a mistake granting me 130 hours per month in November and December 2017 as it clearly less than 130 hours per month which he is claiming. Howether per week person worked 30 hours . Concluding information above we can see that Mr**** was underpaid for 8 months in total for 2017 and 2018 Financial years. Nevertheless, the amount which company owed to the person was paid in full before the end of 2017 Financial year as it can be seen from the documents submitted to HO with application: ******amount was paid in total in 12 working months in companies Financial Year which is equal to 1663.7hours .

So my question is either to go on AR or not and is it resonable&
My solicitor who was preparing fresh application saying that i can apply fresh application in that timeframe given for AR

sm12
Diamond Member
Posts: 1069
Joined: Thu Jan 31, 2013 4:14 am

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by sm12 » Thu Jun 28, 2018 4:49 pm

Sorry to hear about this.

What was the monthly pay and what was the rate per hour?
Your explanation was a bit confusing, sorry.

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Thu Jun 28, 2018 4:56 pm

For the investment, the key document missing is unaudited accounts. It appears you have not submitted it.
As you quoted paragraph 45(e) states:
(e) if the applicant has made the investment in the form of share capital, the accounts must show the shareholders ........
This clause also refers to the accounts in 45(c), so if you have not provided that, you do not meet the requirements of 45(e) either.

However, caseworker says that I've supplied unaudited accounts 2012,2014,2015,2016,2017 so 2013 is missing.

Again, I don't understand this. There is no requirement to supply all accounts - just one is sufficient. It would be useful if you actually copied the relevant text rather than your interpretation of the same.

As you have mentioned, the only requirement is 30 hrs/week. So, yes, I am sure the CW will accept 120 hrs for the month of February. But, total hours for the year is not the criteria and will not be acceptable unless you are paying salary only once a year.

You seem to have complicated things by the late payments and not explaining it. However, since the documents are in order, you should be able to get that approved in AR.

The evidential flexibility is only specified as "may", so you can't demand it. However, it is accepted in most cases, so that is a valid argument too.
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 5:09 pm

sm12 wrote:
Thu Jun 28, 2018 4:49 pm
Sorry to hear about this.

What was the monthly pay and what was the rate per hour?
Your explanation was a bit confusing, sorry.
7.94 per our

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 5:27 pm

Exact text from my refusal
You have stated that you invested or had invested on your behalf at least 200k into one or more businesses in the UK
As evidence to demonstrate the above you have supplied:
• Unaudited accounts ending 31 july 2012,31 december 2014,30 june 2015,2016,2017&2018
• Companies Jouse Current Appointment Report
• Companies House CS01(ef) conformation statement
• HMRC Tax Return
• Business bank statement
paragraph 45 (c)(i) of Appendix A of Immigration Rules states:
(c) the audited or unaudited accounts must show the investment in money made directly in the business by:
1. (i) the applicant, in their own name
In unaudited accounts there is no named reference to you having invested the required amount.Therefore the evidence does not satisfy the requirement of paragraph 45(c)(i) of Appendix A of Immigration Rules and we are unable to accept that you have invested at least 200k into your business

sm12
Diamond Member
Posts: 1069
Joined: Thu Jan 31, 2013 4:14 am

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by sm12 » Thu Jun 28, 2018 6:20 pm

So you claimed 16 months of employment and provided 14 months of documents?
Vechnii wrote:
Thu Jun 28, 2018 5:09 pm
sm12 wrote:
Thu Jun 28, 2018 4:49 pm
Sorry to hear about this.

What was the monthly pay and what was the rate per hour?
Your explanation was a bit confusing, sorry.
7.94 per our

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 6:31 pm

sm12 wrote:
Thu Jun 28, 2018 6:20 pm
So you claimed 16 months of employment and provided 14 months of documents?
Vechnii wrote:
Thu Jun 28, 2018 5:09 pm
sm12 wrote:
Thu Jun 28, 2018 4:49 pm
Sorry to hear about this.

What was the monthly pay and what was the rate per hour?
Your explanation was a bit confusing, sorry.
7.94 per our
no 2 employers one 6 months one 8 months accepted as one full time job they were on the same position one left another one came on that position
3rd employer was 16 months on one position(all docs supporting it sent) but in refusal letter, they counted only 14 months from February 2017 to February 2018 March and April missing then they counted May 2018
However they counted less then 130 hours in 5 months when it was underpayment which was paid later

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 6:31 pm

The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application

sm12
Diamond Member
Posts: 1069
Joined: Thu Jan 31, 2013 4:14 am

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by sm12 » Thu Jun 28, 2018 6:47 pm

Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
You should definitely go for AR to explain the late payments and that the employee worked full time for a minimum of 12 months.
And make the evidential flexibility argument for the investment issue, and that investment was shown in the other accounts submitted.

Is this your second application for extension?

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 6:49 pm

sm12 wrote:
Thu Jun 28, 2018 6:47 pm
Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
You should definitely go for AR to explain the late payments and that the employee worked full time for a minimum of 12 months.
And make the evidential flexibility argument for the investment issue, and that investment was shown in the other accounts submitted.

Is this your second application for extension?
yes the first one was rejected in may 2018

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Thu Jun 28, 2018 9:11 pm

Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
Since your first application was refused and this was your second application, you cannot submit a third application - that will be rejected outright without any other consideration. I have absolutely no idea how the solicitor is advising you to apply again.

So, your only option is to go for AR.

It appears that you have submitted the unaudited accounts but the accounts does not mention your name against the shares you hold. I assume that information is available in the CS01 confirmation statement that you submitted.
If so, you can argue that evidential flexibility based on 245AA (d)(iii)(1) should have been exercised to ask for the document or grant the application.

(d) If the applicant has submitted a specified document:
(i) ........; or
(ii) .............; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) .....
(3) .....
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.


There is no guarantee it will be accepted but I think you have a good chance.

On the job creation, without having all the actual numbers it is difficult for me to say.

But if it is just underpayment in certain months in the FPS and the other payslips clear show the correct payments, a proper explanation should get that corrected in the 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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Thu Jun 28, 2018 9:34 pm

marcnath wrote:
Thu Jun 28, 2018 9:11 pm
Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
Since your first application was refused and this was your second application, you cannot submit a third application - that will be rejected outright without any other consideration. I have absolutely no idea how the solicitor is advising you to apply again.

So, your only option is to go for AR.

It appears that you have submitted the unaudited accounts but the accounts does not mention your name against the shares you hold. I assume that information is available in the CS01 confirmation statement that you submitted.
If so, you can argue that evidential flexibility based on 245AA (d)(iii)(1) should have been exercised to ask for the document or grant the application.

(d) If the applicant has submitted a specified document:
(i) ........; or
(ii) .............; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) .....
(3) .....
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.


There is no guarantee it will be accepted but I think you have a good chance.

On the job creation, without having all the actual numbers it is difficult for me to say.

But if it is just underpayment in certain months in the FPS and the other payslips clear show the correct payments, a proper explanation should get that corrected in the AR
Thank You very much marcnath for your help in my unaudited account clearly shown on the second page that i have XXXX amount of shares and on page 11 called Notes to financial statement for the period 1 August 2013 to 31 December 2014 its said :
XXXX shares were alloted as fully paid at a premium of XXXX during the period

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Fri Jun 29, 2018 10:38 am

Vechnii wrote:
Thu Jun 28, 2018 9:34 pm
marcnath wrote:
Thu Jun 28, 2018 9:11 pm
Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
Since your first application was refused and this was your second application, you cannot submit a third application - that will be rejected outright without any other consideration. I have absolutely no idea how the solicitor is advising you to apply again.

So, your only option is to go for AR.

It appears that you have submitted the unaudited accounts but the accounts does not mention your name against the shares you hold. I assume that information is available in the CS01 confirmation statement that you submitted.
If so, you can argue that evidential flexibility based on 245AA (d)(iii)(1) should have been exercised to ask for the document or grant the application.

(d) If the applicant has submitted a specified document:
(i) ........; or
(ii) .............; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) .....
(3) .....
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.


There is no guarantee it will be accepted but I think you have a good chance.

On the job creation, without having all the actual numbers it is difficult for me to say.

But if it is just underpayment in certain months in the FPS and the other payslips clear show the correct payments, a proper explanation should get that corrected in the AR
Thank You very much marcnath for your help in my unaudited account clearly shown on the second page that i have XXXX amount of shares and on page 11 called Notes to financial statement for the period 1 August 2013 to 31 December 2014 its said :
XXXX shares were alloted as fully paid at a premium of XXXX during the period
It should have said XXXX shares were alloted to fname lname as fully paid at a premium of XXXX during the period.

You are missing your name in the accounts, which is clearly stated as required in 45(c) (i).

So, again, your argument would be that this information is available in the CS01 (I hope it is, not all CS01 have shareholding information). And if so, the CW could have used evidential flexibility.

Also, somewhere in your AR, try to make clear this is your second application (for example by referring to the investment approval in the 1st application). It is not a justification or reason on its own, but hopefully the reviewer realises it is your last chance.

On the other hand, if that information is not in the CS01 or any other document you have already submitted, there are no options I can see for you to continue.
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.

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Fri Jun 29, 2018 11:14 am

on CS01 form said:
Full shareholder statement
Shareholding X XXXX amount shares held as at the date of this confirmation statement
Name XXX XXXX

So I've got the unaudited account for the 2013-2014 year where it shows the exact amount of shares
However, it does not show that shares were allotted on that price on my name
CS01 with the exact amount of shares on my name
Accountants letter shows the exact amount of investment been made to get shares and dates of transactions
personal bank statement with transactions
company bank statement with transactions

Vechnii
Newbie
Posts: 41
Joined: Thu May 17, 2018 6:23 pm
Russia

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by Vechnii » Fri Jun 29, 2018 11:17 am

marcnath wrote:
Fri Jun 29, 2018 10:38 am
Vechnii wrote:
Thu Jun 28, 2018 9:34 pm
marcnath wrote:
Thu Jun 28, 2018 9:11 pm
Vechnii wrote:
Thu Jun 28, 2018 6:31 pm
The main issue either to apply to AR(that what I want) or submit a new application(what my solicitor suggest) however I'm not sure if its possible to submit a new application
Since your first application was refused and this was your second application, you cannot submit a third application - that will be rejected outright without any other consideration. I have absolutely no idea how the solicitor is advising you to apply again.

So, your only option is to go for AR.

It appears that you have submitted the unaudited accounts but the accounts does not mention your name against the shares you hold. I assume that information is available in the CS01 confirmation statement that you submitted.
If so, you can argue that evidential flexibility based on 245AA (d)(iii)(1) should have been exercised to ask for the document or grant the application.

(d) If the applicant has submitted a specified document:
(i) ........; or
(ii) .............; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) .....
(3) .....
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.


There is no guarantee it will be accepted but I think you have a good chance.

On the job creation, without having all the actual numbers it is difficult for me to say.

But if it is just underpayment in certain months in the FPS and the other payslips clear show the correct payments, a proper explanation should get that corrected in the AR
Thank You very much marcnath for your help in my unaudited account clearly shown on the second page that i have XXXX amount of shares and on page 11 called Notes to financial statement for the period 1 August 2013 to 31 December 2014 its said :
XXXX shares were alloted as fully paid at a premium of XXXX during the period
It should have said XXXX shares were alloted to fname lname as fully paid at a premium of XXXX during the period.

You are missing your name in the accounts, which is clearly stated as required in 45(c) (i).

So, again, your argument would be that this information is available in the CS01 (I hope it is, not all CS01 have shareholding information). And if so, the CW could have used evidential flexibility.

Also, somewhere in your AR, try to make clear this is your second application (for example by referring to the investment approval in the 1st application). It is not a justification or reason on its own, but hopefully the reviewer realises it is your last chance.

On the other hand, if that information is not in the CS01 or any other document you have already submitted, there are no options I can see for you to continue.
My point on admin review is that 45 (c)(i) should not been used instead of 45 (e)

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1(Entrepreneur) Visa refused URGENT HELP NEEDED

Post by marcnath » Fri Jun 29, 2018 11:19 am

Vechnii wrote:
Fri Jun 29, 2018 11:17 am

My point on admin review is that 45 (c)(i) should not been used instead of 45 (e)
I tried to explain this earlier.

Why do you think you should be exempt from 45 (c)(i) when it is required for every other applicant.

Anyway 45 (e) says:

the accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name

Have you met that requirement ?
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.

Locked
cron