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Urgent - Document update to HO while Application in progress

Only for UK Tier 1 (Entrepreneur) points system

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heyaheya
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Re: Urgent - Document update to HO while Application in progress

Post by heyaheya » Sun Sep 03, 2017 10:47 pm

Vish u r strong m sure u will do good. M applying next month. I would appreciate any help coming from u. Good bless u . Jus what i marked down u should have when she comes.
Invoices, employees details, 3 years accounts. As u said ur on 50,000 route. So i am assuming u should be completing ur 10 years soon. I am sure ur tired. It is so unfair seriously. Bless u dear. Tc

Regards,

Momi
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Re: Urgent - Document update to HO while Application in progress

Post by Momi » Sun Sep 03, 2017 10:55 pm

I personally believe that at the moment they are interviewing most of London applicants because they think that most people have virtual offices. But soon they will start this process in other cities. I am pretty sure about this.
Many of entrepreneurs were doing taxi's on this visa and they have been reported by councils in past 4 months.
I think that's the only reason of them to visiting the offices.

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Sun Sep 03, 2017 11:05 pm

yes Momi thats a good observation. This appears to be a new trend anyway. people used to get visits for sponsor ship licenses. Now look at this. brexit has been influencing changes across. Be prepared with everything you can. are you based in london ? whats your business like . one profile costumedesign , is badly going through issues. I hope something works out for him. god bless everyone

Momi
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Re: Urgent - Document update to HO while Application in progress

Post by Momi » Sun Sep 03, 2017 11:13 pm

No I ain't base in london.
I feel really sorry for that guy, everybody is not so much strong.
I know some cases when councils called the taxi licence holders for interview and cancelled their licences. It all happened after home office issued guidance for councils.

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Sun Sep 03, 2017 11:21 pm

sadd. Taxi is not for entreprenurs. However if they own and run it, its probably a different story. But even taxi business is tough . day n night . Poor guys I can imagine .

heyaheya
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Re: Urgent - Document update to HO while Application in progress

Post by heyaheya » Wed Sep 06, 2017 8:33 am

Good luck vish, hope all goes well. Will be waitingg fo sm good news from u that all went okay... Tc

Best regards,
Heya

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Thu Sep 07, 2017 3:09 am

Thank you Heya heya, I had a long session and since i have come out of a surgery from hospital and recovering with regards to my sight/vision I was slow. Stick to your business and your business application and have all docs correctly as i didnt have , everything. however I did hove something in every category they asked me for. This interview is more or less the same was you filled in your application except the fact this interviewer is gonna come and interview and take pictures. See what you are doing you say your doing from where does matter. They are the eyes for HO.
Iam not a well organised person and I get exhausted due to the nature of my work. I have lasted so long and I can do wonders but its something that seem not in my hands atm. Thats funny when all this happens when my money is at stake..
Everybody all the best guys

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Thu Sep 07, 2017 3:11 am

No Heya Iam not 10 years but 7. Long way to go....

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marcnath
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Re: Urgent - Document update to HO while Application in progress

Post by marcnath » Thu Sep 07, 2017 6:32 am

Vish79k wrote:
Thu Sep 07, 2017 3:09 am
Thank you Heya heya, I had a long session and since i have come out of a surgery from hospital and recovering with regards to my sight/vision I was slow. Stick to your business and your business application and have all docs correctly as i didnt have , everything. however I did hove something in every category they asked me for. This interview is more or less the same was you filled in your application except the fact this interviewer is gonna come and interview and take pictures. See what you are doing you say your doing from where does matter. They are the eyes for HO.
Iam not a well organised person and I get exhausted due to the nature of my work. I have lasted so long and I can do wonders but its something that seem not in my hands atm. Thats funny when all this happens when my money is at stake..
Everybody all the best guys
All the best. I am sure it will work out
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.

heyaheya
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Re: Urgent - Document update to HO while Application in progress

Post by heyaheya » Thu Sep 07, 2017 8:25 am

M sure u did great. As u said u had almost evything more or less in each category . not being organised is not big deal dear. Atlest u answered and u made them come. So she took photos of ur office. And how bout employees ... How long it took u with her. Was she strict . M sure ur going to have positive impact. As u manage to give her answers. Whatever happens happens for good. Did u tell her about ur medical issues. But overall vish are u satisfied .... How long it will take for outcome of ur application. Did u ask her. Have a good day! Take care!
Regards

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Thu Sep 07, 2017 12:14 pm

Hey I had no employees at that moment. She did ask and I said one is on leave and the other is at work. WHich is outside the office. I did tell her my medical condition. Not sure if it was noted. She was busy in asking for all the docs she was after. since i was taking more time she asked me to email the docs and left.

As an employer you guys are expected to know whats good for all your employees regarding health and safety fire hazards at work place etc.. sickness maternity leave.. and employment contracts and job descriptions etc... invoices random and latest as well to confirm there is activity. List of all clients. are any employees on tier 1 category ? how many directors do you work with etc.... investments breakdowns etc..... SHe didnt seem to have a clue what was going to happen next I believe she was meant to answer and send them to sheffield where they are going to make the final decision.so not sure heayheay wahts gonna happen as I was exhausted and also I havent done great in business starting january as Iam juggling with two business and a lot of activities i havent finacially been in gain and tbh I have dues that i have settle. DOnt know if it will affect. But my medical condition was a main reason for the slow down. Take it wasy Heyaheay all the best. Feel free to get in touch for any help or queries. I love to help

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Thu Sep 07, 2017 12:15 pm

thanks marcnath!

heyaheya
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Re: Urgent - Document update to HO while Application in progress

Post by heyaheya » Thu Sep 07, 2017 1:11 pm

thanku so much vish.. its helpful fo all members esp who are going to have interview soon. jus take care of ur health.. nuthing is as important as health. i m assuming person who is coming to interview is jus dummy from home office and they are not actually ppl to make decision so they dont know much ..they might jus give thr observation and they dont know nuthing. so if u satisfied them .. u have done ur job.. if she was happy ... plus did she stay with u for 4 hours as well. they just have these few question which they are asking evybody. which is not tooo difficult to answer? because of ur health i am sure ur suffering but all of us are praying for u ... take care.

regards,

Vish79k
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VISA REFUSAL- Please advice - Next steps

Post by Vish79k » Sun Feb 25, 2018 3:37 pm

Applied Feb 2017
Interview Sep 2017
Result -feb 18 2018

Non-Points Scoring Reasons for Refusal
You have applied for leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) migrant
but the Secretary of State is not satisfied on the balance of probabilities that:
• you have established, taken over or become a director of one or more genuine businesses in the
UK, and have genuinely operated that business;
• you have genuinely invested the money referred to in Table 5 of Appendix
A into one or more genuine businesses in the UK;
• you intend to continue operating one or more businesses in the UK; and
• you do not intend to take employment other than under the terms of paragraph 245DE.

In making the assessment above the following factors have been considered, as per paragraph
245DD(1) of the Immigration Rules:
(i) the evidence that you submitted;
(ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix
A;

(iii) the credibility of the financial accounts of the business or businesses;
(iv) the credibility of your business activity in the UK;
the credibility of the job creation for which you are claiming points;
(vi) if the nature of the business requires mandatory accreditation, registration and/or
insurance, whether that accreditation, registration and/or insurance has been obtained; and any other relevant information.
on September 2017 your business was visited regarding your application for an extension of your leave to remain as a Tier 1 Entrepreneur Migrant.



(1)
the evidence that you submitted; • Metro bank statements • Lloyds bank statements • Accountant letters • Unaudited company accounts • Directors Loan agreements • Companies House documents • HMRC documents • Employee payslips • Employee RTI payments submissions. • Other supporting documents

(iii) the credibility of the financial accounts of the business or businesses; When asked at the visit to provide evidence of work carried out by your business you failed to produce any client contracts or invoices as you did not have these documents on file. When questioned about this you stated that you do not have any written contracts with any clients.

Companies House website, under the section concerning companies accounts states that 'You must also keep any other financial records, information and calculations you need to prepare and file spur animal accounts and Comm* Tax Return. This includes records of • all money spent by the company, for example receipts, petty cash books, orders and delivery notes • all mong received by the company, for example invoices, contracts, sales books and till rolls • any other relevant documents, fir example bank statements and correspondence." The fact that you failed to hold records of client invoices or contracts and failed to provide this evidence when you were visited by the Home Office leads us to question the credibility and viability of the financial accounts of your business. Additionally, you claim to have invested £50,000 into your business. However the observations made at the visit cast doubt on the credibility of you having invested this money into your business in consideration of the lack of assets or equipment present at the premises. You also failed to provide a breakdown of how you had invested the funds when asked at interview. It would be reasonable to expect that as the sole owner and director of your business, you would have been able to provide a breakdown of how you had invested the £50,000. The fact that you were not able to do this, in addition to the concerns listed above, casts further doubt on the credibility and viability of your businesses accounts.

(iv) the credibility of your business activity in the UK; Premises The visit was carried out at the following premises: Address xxxxxxxxxxxxxxxxxx ABC !AA. The photographs and the Home Office Officer's observations taken during the visit show that you have located in your business in a small office suitable for a maximum of 2 persons; containing 2 desks, 2 computers, 2 chairs and a printer. You had erected a small sign, printed on plain paper, bearing your business some on the door to your office. The lack of trading presence for your business was therefore a concern. You claim to ha vc employed 3 persons, however it was clear that the size and facilities at the office were only sole to accommodate 1 or, at best, 2 persons. The above concerns regarding your business premises lead us to question the credibility and viability of your business activity.
inn AAOR in
30,8






Clients

When questioned about clients at the visit you stated that your business, named AAAA Ltd, had provided laptop and desktop computer repairs, restaurant food ordering system, electronic point of sales systems and websites for customers. You stated that your business, named xxxx l.td, provided education, training, xxxx tourism and xxx sales. However, when asked about clients of your respective businesses you stated that you had not signed written contracts with any client. You also initially stated that you had not had any clients for xxxx Ltd but later amended this to state that you had 2 clients. You failed to produce any invoices at the visit when this information was requested. You also failed to produce any examples of any work undertaken by either of your businesses or your employees when requested at the interview. The fact that you were not able to evidence any work carried out by your business and the fact that you were not able to evidence any client contracts or invoices at the visit further leads to question the credibility and viability of the business.

Market Research
When asked about market research for your businesses you stated that you had not carried out any market research for co xxxx. You also stated that you had not written a business plan for co xxxx, but had written one for xxxx. When asked to produce the results of the market research (which you would expect tee have been included in a business plan), and what was put in place as a result of this market research you were not able to evidence this information or describe the results. When asked whether you had carried out any research into existing businesses before deciding to locate your business in an area, you stated "No." The fact that you stated when interviewed that you had not carried out market research for xxxx is a concern. The fact that you were not able to evidence the results of any market research or describe the results of any research, and the fact that you stated that you had not researched similar businesses in the same area before deciding to locate your business where you did a, also a concern. These concerns cast further doubt on the credibility and viability of your business.

(v) the credibility of the job creation for which you are claiming points; You claim to have employed 3 members of staff. None of the members of staff were present when you were visited by the Home Office. It was notable that the size of your office premises could not accommodate any more than 2 persons working from the office at the same time. It was also suitable that you were not able to produce one single item of work that had been carried out by, any of your employees at the visit. 'these concerns cast further doubt on the credibility of the jobs you claim to have created. Based on the above consideration the Secretary of State is therefore refusing your application because you have not met she genuineness test at paragraph 24500(k) when assessing, on the balance of probabilities, the points listed at paragraph 24500(1) of the Immigration Rules. Points Scoring Under the Immigration Rules for Tier 1 (Entrepreneur) applicants must, amongst other things, score:

===========


The above points have been marked for refusal
- 2 cos . Co A Generated revenue and Money taken to personal ac (Tax on Profits have been declared) and invested in co X business in 2016 .
- Investment from Personal bank statements transactions to business bank statements have been clearly shown . (Only the dates of transaction where money has been transferred from personal to business banking have been shown and submitted)

-I dont have contracts -yes i dont have thats right . No written contracts .
-I do have invoices - Yes I have and lots. I only gave her sample and recents ones , each of different nature of business. The interviewer has either lied or twisted the facts and am not sure if she submitted the invoices which I printed for her in my office. She was not interested at all and wanted to get this done and over with. I was taking more time to get the docs as i had come out of an eye surgery. I did tell her in the beginning about that . She asked if Iam medically fit, and I said , what happens if I am not (Infact I wasn't) I asked if this was going to be postponed, she said no and made me sign the medically fit doc. Later she left asking her to mail her a few docs.

-staff - 3 Employees including me were there. The employee was at work when I had my home office interview . I have proof as I have invoiced the co on that particular days work, where my staff was working. The other staff was on leave and long leave and she might not be coming back. I was at the interview myself.
-Recently the other employee has also quit. as My business is not doing well a sit needs time to pickup . This will pickup but the current circumstances are making it worse including my health, and family back home.

=====
-They have advised AR or Leave if not
-Investment awarded = 0

Next steps please - AR and JR ??? Iam not going for a fresh application I know JR dosent get covered by 3C.
Two companies and managing was tough and I only didnt realise midway but it was too late as I was neck deep. But I still lasted but recently I burnt myself out running these two cos and Iam tired and exhausted. I have been new to business so i know my faults. Please advise as I have 1 week probably. I missed royal mail delivery and they left a note to collect. COllected on 24th

Business are not easy. People are tough and clever or cunning . Learnt this over a period of time . Just when you get the hang of it Things are not in favour :(

Please advise . thanks

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marcnath
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Re: Urgent - Document update to HO while Application in progress

Post by marcnath » Sun Feb 25, 2018 8:21 pm

Vish - sorry to hear about the refusal. I went through your post from the beginning and honestly feel surprised you were refused. (I think there was a problem with reinvesting sales from one company to the other but that does not seem to be the reason for refusal)
This set of refusal appears to be quite ridiculous.
You should go for an AR and try to argue your case where you feel the interviewer has reported wrongly.
(iii) You can argue that there is no requirement under English law to have written contracts. On the invoices, HO has a point, but if you did provide some invoices and have the rest, you can dispute that.
On the investment credibility, documents don't lie - the CW should have used the documents not the impressions of the interviewer.
(iv) Again, this is interesting. HO does not seem to be arguing that the documents you submitted are not credible or are fraudulent. If HO is not disputing the documents, they should not be disputing the job creation. There are some valid points on the space, etc but you can always have reasons for that.
I know plenty of start-ups that have not done market research. Not even Google's founders did any market research and Steve Jobs is famous for never doing market research. Entrepreneurship is about taking risks, trusting your instinct.
If they awarded you 0 for investment, that is definitely wrong if you have the specified documents - that will be easy to reverse.
The rest is tougher in an AR but you should try. Unfortunately, the genuineness test in the immigration rules gives HO considerable leeway. A bit too much I think, but I don't think it has been tested in a court yet. Unfortunately, JR is an expensive process but I think these kind of cases are exactly the ones that should be challenged in court if the AR is unsuccessful.
Good luck - I hope the AR will turn things around.
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.

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Sun Feb 25, 2018 8:39 pm

Hi Marcnath, thank you very much . your words are a confidence builder .It is just depressing to go back to square one after a long wait. You invest your time and energy in full and this is what you get . My money is stuck and Iy is just unfair for them to refuse. I have submitted all documents without missing anything vital, yet they want to nitpick. I agree that my case is complex and the interview I thought I will get a chance to explain but the lady was not willing to listen .


@marc Please advise what do I say in AR ?
They are judging me by the size of my office.
Also 1000 words are not enough to explain what I want to unless I truncate . Please advise

Vish79k
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Re: Urgent - Document update to HO while Application in progress

Post by Vish79k » Sun Feb 25, 2018 8:59 pm

Also the interviewer refused to postpone the interview after I told her I came out of an eye operation, that I would be happy if it was .

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marcnath
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Re: Urgent - Document update to HO while Application in progress

Post by marcnath » Sun Feb 25, 2018 10:02 pm

Vish79k wrote:
Sun Feb 25, 2018 8:39 pm
Hi Marcnath, thank you very much . your words are a confidence builder .It is just depressing to go back to square one after a long wait. You invest your time and energy in full and this is what you get . My money is stuck and Iy is just unfair for them to refuse. I have submitted all documents without missing anything vital, yet they want to nitpick. I agree that my case is complex and the interview I thought I will get a chance to explain but the lady was not willing to listen .


@marc Please advise what do I say in AR ?
They are judging me by the size of my office.
Also 1000 words are not enough to explain what I want to unless I truncate . Please advise
Many of the comments I put in where things that I would use in the AR if I was in this situation.
You may want to consider getting professional help as it is tough to do this without having all the full information.
But essentially, your arguments fall into a couple of categories
1) Where specified documents have been defined for specific attributes (investment, job creation) you have provided those documents. The CW has not challenged any of those documents, so points should be awarded for those attributes.
2) Where compliance to law is required in terms of keeping accounting records, you have done so and provided a sample of those to the interviewer, who has incorrectly concluded that no such documents exist. If additional documents were needed, they should have been requested and you would have provided them.
3) In other cases, such as market research, office space, etc. CW/interviewer has used their own subjective standards for assessment. There are good business reasons for operating the business in the manner you have done and you have done things in the best means of managing business risks as you can.

Hope that gives you some ideas to play around with.
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.

zamaha
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Re: Urgent - Document update to HO while Application in progress

Post by zamaha » Mon Feb 26, 2018 2:35 am

So sorry for your refusal.
About invoices, I think you can argue that you had an electronic version of those and if requested you could print them.
Everything you buy, always they sent you an invoice or a confirmation email. There is no need to keep hard evidence of all receipts.
Please correct me if I am wrong.

Saibabashir123
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Re: Urgent - Document update to HO while Application in progress

Post by Saibabashir123 » Mon Feb 26, 2018 7:47 am

So sorry to hear your refusal
Haven’t you requested for the interview notes after the interview
If you have requested and interviewer didn’t bother to send you can fight for that saying the notes written were as per the interviewers understanding and you don’t held responsible for what she has written

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