visa Refusal

Dea guy · Post by **Dea guy** » Sun May 07, 2017 4:04 pm

Meesha wrote:
Dea guy wrote:Hi Friends,

Today i got email from my accountant. He said that you do not need Director Loan Agreement as it has been mension in three accounts that 50K is the transferred from your personal account to Business account as a Director loan ( Creditors: amounts falling due within one year).
Second he said i is unable to provide job creation letter as it is provided by Director of company.

Please can someone send me sample of director loan agreement and job creation letter from accountant?
I have to provide to accountant for these. My extension is due in this month.
Please help me. Especially request to Zimba88 and other seniors guys.
Thanks.

Hi,
You dont need an accountant letter if you have established your business by urself and not bought from some previous owner.
I am sharing someone else director loan agreement template. I did investment by share capital.

Director Loan agreement (I signed as myself and as the director and no witnesses)
Between,

Lender: XYZ, Director of XYZ Limited
Borrower: XYZ Limited, 123456789
Amount of Loan: £ 50,000
Repayment Period of Loan: 60 Months after the initial 5 years
Amount payable: £ 50,000
Annual Percentage Rate: 0 %

Terms of the Loan
1. The lender shall lend or make available to the Company the sum of £ 50,000 (‘the Loan’) for a total period of 5 years. The loan, if not transferred at the date of this contract than must be transferred before 30th November 2015. The term of the loan will start immediately after the transfer.
2. The repayment period will starting at the end of the 5th year for a period of 5 years, amounting to 60 Monthly repayments.
3. In consideration of the Lender lending or making available the Loan the Company covenants and undertakes to repay the Loan to the Lender on the Repayment Date or on any earlier date on which the Loan may become repayable pursuant to this agreement.
4. The loan is unsecured and subordinated in favour of third-party creditors.
5. The lender must ensure that the Loan is available in lenders accounts on the signing date and credited to the company business account on or before 30th November 2015.
6. Notwithstanding anything else contained in this agreement the whole of the Loan or so much of it as for the time being remains outstanding and all interest accrued but unpaid shall immediately become repayable in any if the Company shall be unable to pay its debts within the meaning assigned to that expression by the Insolvency Act 1986 Section 123 or if the Company shall certify that it is unable to pay its debts as and when they shall fall due.

Signed on behalf of Company
Name: Mr. XYZ

Signed: …………………………………………………………………………………………
Position: Company Director
Dated:

Lenders Full Name: Mr. XYZ

Signed: ……………………………………………………………………………………………
Dated:

Good luck

Hi Brother,

Thanks a lot. I will ask my solicitor to make it. My accountant is creating problem and denied to give me job creation letter. Let see what happened. I just need job creation letter from him.

Meesha · Post by **Meesha** » Sun May 07, 2017 6:16 pm

You dont need a solicitor for director loan agreement.
And u dont need a job creation letter either if u have not taken over business from a previous owner.
cheers

Dea guy · Post by **Dea guy** » Tue May 09, 2017 12:10 am

Meesha wrote:You dont need a solicitor for director loan agreement.
And u dont need a job creation letter either if u have not taken over business from a previous owner.
cheers

Hi Meesha,

Thanks a lot for your advice. I have collected almost all documents but i am stuck on one point. I asked this previous and Zimba88 gave me answer but i am still confuse. I read policy but did not find this point in policy. Actaully i established company in April 2013 and applied visa july 2013. I got visa in June 2014 when HO withdraw the appeal case. April 2013 to June 2014 i was doing business. I hired one Employee in 2014. My accountant registered him with HRMC 2 months before visa granted.
Question is: can i claim point on this employment although registered with HRMC before visa grant.
(According to Zimba88. i can Claim points of this employment) But what starting date of this employee shall i show to HO? The date of Registration with HRMC or anydate after visa?
Another question: Payslips show hours and per hour rate of employees. Are the payslips enough to show the total number of hours as a proof of hours?
I have to apply next week. Please kindly help.

Thanks in advance.

antobaby · Post by **antobaby** » Thu May 11, 2017 12:14 am

Hi zimba88,

I am applying for my extension next week and wanted to double check something in regards to the 50k.

In the management report, where exactly is the 50k supposed to be credited in the Bank sheet and profit & loss account?

Thanks

Dea guy · Post by **Dea guy** » Tue May 16, 2017 8:55 pm

zimba88 wrote:You can claim his employment from the date your visa was granted.

Hi Zimba88,

First of all thanks for previous help.
Again i am asking same question because today i met my solicitor. He said Talk to accountant and change employee start date as company was established more than 12 months of visa grant. He said you are in middle of policy.
Company establish in End of April 2013. Initial application was submitted in End of July 2013.
Visa granted 2nd week of June 2014. My accountant reported one employment to HRMC in End of September 2014 with Back date. In September 2014 he registered one employe in back date of April 2014.
Solicitor is not confident about job creation before visa grant.
I spoke my second Accountant. He said it is not possible to change start date and HRMC says send us complain we will look and reply but no time frame. Extension is due in 10 days.
This employment is still carry since april 2014. If this is not considered i will lose..... he started salary from company to his account in September 2014. No cash or online transaction before it as a salary.
I called HRMC again. They have 2 start date one is April 2013 and other is end of 2015 of same employee.
What shall i do and what could be the negative impact?
Please tell me how can i cover this issue. Rest of the things are genuine and 100%.
Thxxxxx

Post by **zimba** » Tue May 16, 2017 11:46 pm

I didn't fully understand what you said to be honest, your post is unreadable

I repeat again that if your employment started BEFORE your visa granted (no matter when you reported it), you cannot claim those months worked.
You can only get points for employment/work after 2nd week of June 2014 when you got your visa. In any case, you must send P46/FPS showing the start date of all employees which you are claiming points for.

Dea guy · Post by **Dea guy** » Wed May 17, 2017 10:01 am

zimba88 wrote:I didn't fully understand what you said to be honest, your post is unreadable
I repeat again that if your employment started BEFORE your visa granted (no matter when you reported it), you cannot claim those months worked.
You can only get points for employment/work after 2nd week of June 2014 when you got your visa. In any case, you must send P46/FPS showing the start date of all employees which you are claiming points for.

Hi Zimba88,
Thanks for reply.
You got my main point but in short. HRMC has two starting dates. One is April 2014 and other is October 2015. When i called them they said october 2015 is starting date which they have but when i asked them before October record they say yes they have april record as well. I called two time and both time they said October 2015.
On the other hand solicitor is confused. He said company was established 14 months before visa grant and employment was created 10 and half months after company establishment. He thinks company does not come a new business because it falls under the law of 12 months old company will be considered existing company.
These are two points.
Another question. Do i need to write director loan agreement on company letter head or solicitor letter head?
Thanks.

Post by **zimba** » Wed May 17, 2017 12:20 pm

If you started a business, it is a new business. If you joined one, then it is an existing business.
DL can be on any paper

Post by **marcnath** » Wed May 17, 2017 12:51 pm

Dea guy wrote:Hi Friends,

Today i got email from my accountant. He said that you do not need Director Loan Agreement as it has been mension in three accounts that 50K is the transferred from your personal account to Business account as a Director loan ( Creditors: amounts falling due within one year).
Second he said i is unable to provide job creation letter as it is provided by Director of company.

Please can someone send me sample of director loan agreement and job creation letter from accountant?
I have to provide to accountant for these. My extension is due in this month.
Please help me. Especially request to Zimba88 and other seniors guys.
Thanks.

The mention in the accounts is not sufficient.
The guidance is very clear on that.

Director’s loan
If you have made the investment in the form of a director’s loan, it must be shown in both the relevant set of financial accounts provided and through readily identifiable transactions in the applicant’s business bank statement(s). The statement(s) must clearly show the transfer of this money from you to your business. You must also provide a legal agreement, between you (in the name that appears on your application for leave) and the company.
This agreement must show:
 the terms of the loan;
 any interest that is payable;
 the period of the loan; and
 that the loan is unsecured and subordinated in favour of third-party creditors.
If it is not clear from the information provided that the loan is unsecured and subordinated in favour of third-party creditors, we will not accept the loan for the award of points.

Dea guy · Post by **Dea guy** » Fri May 19, 2017 9:36 am

Hi,

Can somebody give me templet or idea of Completion report? What to write in completion report as my accountant said he has prepared 5 cases but did not write it.
If someone send me templet or idea of the points in it...?
Thanks

Post by **zimba** » Fri May 19, 2017 1:15 pm

Accounts COMPILATION report. I literally has to share this more than ten times on the forum just over that last week

uk-tier-1-entrepreneur-visas/director-l ... l#p1291119

Dea guy · Post by **Dea guy** » Wed May 24, 2017 12:18 am

zimba88 wrote:Accounts COMPILATION report. I literally has to share this more than ten times on the forum just over that last week

uk-tier-1-entrepreneur-visas/director-l ... l#p1291119

Hi Zimba88,

Hope yoou are very well and really appreciate your kindess with people like me who come here and ask different questions regarding the extension....etc.
I have finalised my all documents and going to apply next 3 days. Please check me below documents list and let me know if anything is missing.

1- Passport
2- 2 photos
3- visa Application
4- 90 days maintenance Funds
5- Personal Bank state as a proof of transection into company account
6- Business account as a proof of investment from personal account
7- One Year Business Statement
8- Incoming Invoices (Solicitor asked just incoming invoices just to show business is genuine).
9- Accounts Filling History
10- Current Appointment Report
11- Filling History Page of Company
12- Three Years Accounts (They must Show Director and accountant name, Date of Accounts Produce and How much has been invested).
13- Registration of Corporate Tax
14- Copy of CT41G/Complete Tax Return (Third Year accounts have been finalised but can not submit as HRMC said it is not due now. Two Years CT600 Attached with Application but do not have third year as accounts are not due now)........what can i do now?
15- Letter from Company House of Directorship and incorporate of company.
16- Un audit Reports of Three Years Accounts.
17. No Job Creation letter as i established new business.
18- payslips
19- RTI/Paye
20- P60/P45
21- Employees Hours Proof
22- Employees Passport Copy
23- Employees Proof of Address
24- Company Website
25- Company Leaflet
26- Company Visiting Card
27- NI Class 2 Payment Proof
28- Tax Payment Proof
29- UK degree
30- Professional Certificates
31- Accreditation Certificate with accreditation body's insurance copies.
32- Business Insurance
33. Bank Letter as a signatory.
34. Screen shot of google ad (Google adwards).

Thanks.

Post by **marcnath** » Wed May 24, 2017 9:20 pm

Make sure your FPS submitted shows the starting date of the employee. It does not matter if the starting date is before or after your VISA grant date. But that date has to be there in the FPS

Dea guy · Post by **Dea guy** » Thu Aug 10, 2017 12:26 pm

Dear Guys,

My Ent. Extension visa has been refused. They have not awared me points on maintenance funds.
I showed £2900 Along with my wife and son. Two dependants with me. i showed it for more than 3 months maintenance fund.
second they said i were not engaged in the business. I am director since my company is established. I am running it as a director. I am not employee of my company and has not taken any divident.

I was informed by consultant. i have got letter. Please gurus can you help me?

Thanks.

Post by **marcnath** » Thu Aug 10, 2017 12:44 pm

Sorry to hear.

Dea guy wrote: I showed £2900 Along with my wife and son. Two dependants with me. i showed it for more than 3 months maintenance fund.

What document did you provide for this ?
Statement, bank letter ?
The normal culprits are that the 1st transaction in the statement is less than 90 days aways - happens if there has been no transactions daily. Or that these were not original statements but rather printouts of the e-statement.

Dea guy wrote:second they said i were not engaged in the business. I am director since my company is established. I am running it as a director. I am not employee of my company and has not taken any divident.

There is no requirement for you to be an employee or have taken any dividends.
Again, what is the evidence you provided for this ?
This almost looks like the CAR from three months before the application date was not submitted or missed by the CW.

Dea guy wrote:I was informed by consultant. i have got letter. Please gurus can you help me?

Thanks.

What is your consultant saying ?

Just based on your inputs here, it looks like the documents submitted were incorrect.

Post by **CR001** » Thu Aug 10, 2017 12:50 pm

marcnath wrote:Just based on your inputs here, it looks like the documents submitted were incorrect.

Topics merged for you marcnath so you have the full history etc

Post by **marcnath** » Thu Aug 10, 2017 1:00 pm

CR001 wrote:
marcnath wrote:Just based on your inputs here, it looks like the documents submitted were incorrect.
Topics merged for you marcnath so you have the full history etc

Thanks.

Dea guy · Post by **Dea guy** » Thu Aug 10, 2017 1:25 pm

consultant did not say anything just said let me read policy. When i submitted application maintenance funds were more than 3 months. it was more than 100 days.
Second I send them Current appointment report, Filling History report, Directorship Letter from Company house as i am director since it was established.
They did not consider current appointment report.
They have considered Business account as a maintenance fund account. from January 2017 to April 2017.
I provided them my saving account from February 2017 to 8 June 2017.
they did not award point on business activity and maintenance fund.

heyaheya · Post by **heyaheya** » Thu Aug 10, 2017 2:21 pm

i am sorry for ur refusal dear UKVI always send you reasons for not awarding u point so if you want to share ur refusal letter .. experts will be able to help u better. jus take off ur name / refernce etc stuff and u will be fine.

regards,

heyaheya · Post by **heyaheya** » Thu Aug 10, 2017 2:25 pm

Dea guy wrote:Hi Friends,

My Entrepreneur 50K extension is due end of next month. I am preparing my documents. I am preparing following documents. Please check and let me know if anyone is missing.
Especially i request to Zimba88

1- Passport
2- 2 photos
3- visa Application
4- 90 days maintenance Funds
5- Personal Bank state as a proof of transection into company account
6- Business account as a proof of investment from personal account
7- One Year Business Statement
8- In and Out Invoices
9- Accounts Filling History
10- Current Appointment Report
11- Filling History Page of Company
12- Three Years Accounts (They must Show Director and accountant name, Date of Accounts Produce and How much has been invested).
13- Registration of Corporate Tax
14- Copy of CT41G/Complete Tax Return
15- Letter from Company House of Directorship
16- Un audit Reports of Three Years Accounts.
17- Accountant Letter Which Covers The Job Creation and Company.
18- payslips
19- RTI/Paye
20- P60/P45
21- Employees Hours Proof
22- Employees Passport Copy
23- Employees Proof of Address
24- Company Website
25- Company Leaflet
26- Company Visiting Card
27- NI Class 2 Payment Proof
28- Tax Payment Proof
29- UK degree
30- Professional Certificates
31- Accreditation Certificate
32- Business Insurance

Also do i need to sign on Payslips and RTI????

Thanks.

have u done investment by share capital or by director loan ... .. if its by directors loan .. then agreement is missing here in ur documents list ... so I am assuming that could be a reason .. but again u have to share letter.

Dea guy · Post by **Dea guy** » Thu Aug 10, 2017 3:52 pm

I have been awarded points of '' INVESTMENT, JOB CREATION, APPLICANT REGISTERED SELF EMPLOYED/DIRECTOR WITHIN 6 MONTH OF LEAVE GRANT & English LANGUAGE''.
Total Point Awarded: 60
ist Reason:
I provided my saving account statement as a maintenance fund of more than 90 days. They considered Business bank statement which i provided as a proof of business transaction from last year. They said it from January 2017 to April and more than 31 days of application submittion. Point Zero

2nd Reason.
Business activity. Case worker said you are failed to provide Current appointment report as an active director in company not more than 3 months of application.
Actually my accountant gave me one letter from Company House. He downloaded one letter from company house in People option. That page says i am director since established. Current appointment report is 4 pages which i have got from company house today.

Now i need advice from Gurus. Do you think AR is suitable?
if it is not suitable then what documents do i need to submit in new application? do i need to prepare whole documents with application or just new application with Bank statement with maintenance fund and current appointment report?

Thanks.

Momi · Post by **Momi** » Thu Aug 10, 2017 4:32 pm

This is exactly what I was thinking. You actually confused the case working.
Are you sure that you submitted the current appointment report.
Ask you accountant and if you are damn sure that current appointment report has been submitted then there are good chances that you will get the visa on AR.
Mention in you AR that you have submitted maintenance bank statement separately.

omoba911 · Post by **omoba911** » Thu Aug 10, 2017 4:45 pm

please confirm if you submitted a current appointment report which shows you as an active directors dated as per the guidelines.

The reason I ask is, if you did not submit this document as stated, then you should submit a new applications. If you did then AR is probably your option.

You really need to confirm so the gurus and other can help

Dea guy · Post by **Dea guy** » Thu Aug 10, 2017 5:17 pm

Accountant took one page from Company house which shows i am director since established. Current appointment Report is 4 pages. I am 100% we missed it and did not send.
Now i am re applying.
HO has all documents. what new documents do we need to submit with new applications? How many days have i now for Re Application? Applications were decided on 7 August and we got today.

My friend told me just submit current appointent report and bank statement of maintenance with new applications as HO has all other documents. HO has awarded you 60 points on Investment, Job Creation, English Language and registered as a Director within the 6 months of leave granted.

Seniors your advice is desperately require for new applications. (New Applications will be with 2 dependants).

Thanks.

Post by **marcnath** » Thu Aug 10, 2017 7:23 pm

Dea guy wrote:consultant did not say anything just said let me read policy. When i submitted application maintenance funds were more than 3 months. it was more than 100 days.
Second I send them Current appointment report, Filling History report, Directorship Letter from Company house as i am director since it was established.
They did not consider current appointment report.
They have considered Business account as a maintenance fund account. from January 2017 to April 2017.
I provided them my saving account from February 2017 to 8 June 2017.
they did not award point on business activity and maintenance fund.

Ok. In this case you should get through on your AR.

This is one of the problems about sending extra documents - the CW mixed up the documents looking at your business statements for your maintenance funds.

So, looks like an error by the CW but you have to now take it through the AR process.

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