Tier Entrepreneur extension Refused - business investment

Hello.

Another update from me today.

I have just been refused again today. The refusal letter came today with the explanation that they couldn't award me for the business investment. It's just another ridiculous reason from the Home Office. Some of you may remember my previous thread that i did have problem with the job creation and now they awarded the points but not the business investment.

I am really getting fed up now with this, but yeah.. it's just another refusal which i don't know what to do now. I also posted a while ago that i got refund which is about 400 pound which i thought i would get a positive outcome. But otherwise today.

To avoid confusion & jumbled responses, I have moved your post to own thread (this one).

robertholdon wrote:Hello.

Another update from me today.

I have just been refused again today. The refusal letter came today with the explanation that they couldn't award me for the business investment. It's just another ridiculous reason from the Home Office. Some of you may remember my previous thread that i did have problem with the job creation and now they awarded the points but not the business investment.

I am really getting fed up now with this, but yeah.. it's just another refusal which i don't know what to do now. I also posted a while ago that i got refund which is about 400 pound which i thought i would get a positive outcome. But otherwise today.

Sorry to hear this. Please share the details of your refusal letter from HO.

robertholdon wrote:Hello.

Another update from me today.

I have just been refused again today. The refusal letter came today with the explanation that they couldn't award me for the business investment. It's just another ridiculous reason from the Home Office. Some of you may remember my previous thread that i did have problem with the job creation and now they awarded the points but not the business investment.

I am really getting fed up now with this, but yeah.. it's just another refusal which i don't know what to do now. I also posted a while ago that i got refund which is about 400 pound which i thought i would get a positive outcome. But otherwise today.

If you can please put the exact wording of refusal letter so folks can advise in detail.

Thx

The reason that they did not award me for business investment is as below

" as specified under appendix A of the Immigration Rules - if you have provided unaudited accounts you must provide an accountants letter"

We have therefore unable to award points for attributes.

robertholdon wrote:The reason that they did not award me for business investment is as below

" as specified under appendix A of the Immigration Rules - if you have provided unaudited accounts you must provide an accountants letter"

We have therefore unable to award points for attributes.

Have you took over or joined an existing business ? if not, it seems that you probably failed to include the accounts Compilation Report.

The business is started from the beginning and not take over or joining the business. If you're aware previously. I was awarded and everything is fine.

I understand what accounts compilation is. I think either joining or take over or forming a new business, you'd need to produce unaudited account and compilation report is part of it.

The reason why that i did not get awarded for points is because the HO is a joker. I have instructed solicitor and barrister to do my AR and if the outcome is negative, then we will proceed to JR. I hope that this will deter and make the HO know.

Also, if you do your AR and you don't put legal representative. the HO is likely to reject as they think that we don't have support.

I got rejected previously and that was just because the start dates of employments and it was clearly shown from letter from accountant and employment contracts and others. It's just that the FPS documents which show the start dates were left out. Everything else was awarded

Then now i got rejected for the business investment which was awarded previously and everything else is awarded.

I must admit that i did make a fresh application to remedy 3 pages for the start dates of employments which is from FPS pages, but other than that it's all the same.

I will not back down for now for this. It's just another story from the HO. if you do everything properly it doesn't mean that it'll be ok.

robertholdon wrote:The business is started from the beginning and not take over or joining the business. If you're aware previously. I was awarded and everything is fine.

I understand what accounts compilation is. I think either joining or take over or forming a new business, you'd need to produce unaudited account and compilation report is part of it.

The reason why that i did not get awarded for points is because the HO is a joker. I have instructed solicitor and barrister to do my AR and if the outcome is negative, then we will proceed to JR. I hope that this will deter and make the HO know.

Also, if you do your AR and you don't put legal representative. the HO is likely to reject as they think that we don't have support.

I got rejected previously and that was just because the start dates of employments and it was clearly shown from letter from accountant and employment contracts and others. It's just that the FPS documents which show the start dates were left out. Everything else was awarded

Then now i got rejected for the business investment which was awarded previously and everything else is awarded.

I must admit that i did make a fresh application to remedy 3 pages for the start dates of employments which is from FPS pages, but other than that it's all the same.

I will not back down for now for this. It's just another story from the HO. if you do everything properly it doesn't mean that it'll be ok.

Your case is quite strange. Given that you were awarded investment in a previous application and not awarded in the second one
Accountant's letter is only required if you took over/joined a business and only to confirm the net increase in job creation (not investment!). There is absolutely nothing in the Appendix A which requires an accountant's letter to accompany unaudited accounts, the only requirement is Compilation report, written under section 46-SD(a):

If the applicant’s business is not required to produce audited accounts, unaudited accounts and an accounts compilation report must be provided from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);

Please argue this clause clearly in your AR and point out that during your first application you were indeed awarded points. Given that you get no appeal rights thanks to Immigration Act 2014, unfortunately going through JR means that you will not be protected under section 3C and even if you win the case, as far as I understand it, you end up with a gap in your continuous residence for ILR

Yes, That's right. My case is quite strange. I can also confirm that i got a refund of £200 for my IHS and yet, the decision is still being refused.

I can only think that they worker might have rejected my file and approved the others if they did 2 cases at the same time.

I could tell you in this industries that they will not do one case at a time. They will do few cases at once and it must be a tracking between each steps which mean it could be the case.

I am doing AR next week and have appointed solicitor and barrister for this case.

Hope the outcome is positive this time round and if not, i would have to make it right for JR. That's the only option.

It might be good to have petition or people who have got rejected and caused by the error of The HO. It's frustrating when the rule is designed for not being flexible and handled by incompetent people who are being employed by the HO.

I think petition would be a good idea as it looks like so many are getting extension rejected by pointing un reasonable points. It looks like a game of luck applying for extension now. We are investing our hard earned money mostly by personal loan, invest our time and life, following every single rules and then at the end getting rejected without even having a chance for appeal. I cannot understand why Home Office do not honor their own rules and policies

Very strange.
What letter are they talking about? Letter for what? Where in the policy guidance have they asked for an accountants letter? (except for when one takes over a business)