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Tier 1 Visa Extension Refused

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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alikhalid143
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Posts: 3
Joined: Thu Mar 08, 2018 2:54 pm
Pakistan

Tier 1 Visa Extension Refused

Post by alikhalid143 » Thu Mar 21, 2019 2:31 pm

GOOD AFTERNOON
I APPLIED FOR TIER ENTREPRENEUR EXTENSION WHICH WAS REFUSED ( REFUSAL BASE IS MENTIONED BELOW) AND I WENT FOR ADMIN REVIEW WHICH GOT REFUSED AS WELL. AFTER THAT I PUT A NEW APPLICATION AND AT SAME TIME I WENT FOR JUDICIAL REVIEW FOR MY 1ST APPLICATION. IN MY NEW APPLICATION I COMPLETED THE REFUSAL REQUIREMENT.
REASON FOR REFUSED:
I HAD 1 FULL TIME EMPLOYEE AND 2 PART TIME EMPLOYEES. THEY ACCEPTED ALL OTHER POINTS BUT FOR EMPLOYMENT THEY SAID THAT FULL TIME EMPLOYEE IS FINE BUT FOR 2 PART TIME EMPLOYEES ( 1ST PART TIME EMPLOYEE WORKED FROM 1ST JAN 2017 TILL 31ST DEC 2017, 2ND PART TIME EMPLOYEE WORKED FOR 1ST OF JUNE 2017 TILL 31ST OF MAY 2018, 3RD PART TIME EMPLOYEE WORKED FROM 1ST OF APRIL TILL AFTER THE DATE OF VISA APPLICATION. ALL PART TIME EMPLOYEES WORKED UNDER SAME JOB TITLE) THEY CHOSE MONTHS ONLY WHEN PART TIME EMPLOYEES WERE WORKING IN PAIR AT SAME TIME WHICH THEY SAID COMPLETED 9 MONTHS AND I WAS SHORT FOR 3 MONTHS.
NOW THE RULE SAYS THAT 2 PART TIME JOBS CAN MAKE 1 FULL TIME JOB IF THEY STAY FOR AT LEAST 12 MONTHS AND PER WEEK COMPLETE 30 HOURS.
IN MY CASE WE WENT TO ADMIN REVIEW WITH THIS POINT THAT 2 PART TIME JOB STAYED FOR 12 MONTHS AND IF THEY ADDED UP HOURS OF THEM AND DIVIDE BY 12 AND THAN DECIDE BY 4 THEY COMPLETE 30 HOURS A WEEK. UNFORTUNATELY THEY REFUSED ADMIN REVIEW TOO.
BY THE TIME I SUBMIT NEW APPLICATION I COMPLETED THAT REQUIREMENT ALSO WHERE I DID EMPLOYEE 2 PART TIME EMPLOYEES FOR REST OF 3 MONTHS.
COULD YOU PLEASE KINDLY GUIDE ME IS THERE ANY CHANCES FOR SUCCESS OF MY APPLICATION.
2ND QUESTION IS NEXT YEAR IN MAY END MY ENTREPRENEUR BUSINESS VISA WILL COMPLETE 5 YEARS. AM I IN SITUATION TO FOR FOR 5 YEARS BASE FOR INDEFINITE LEAVE TO REMAIN? IF YES THAN DO I NEED TO KEEP MY EMPLOYEES UP TO DATE. AND IF NO THAN IN JULY I WILL COMPLETE 10 YEARS IN UK SO WILL I BE ABLE TO GO FOR THAT ROUTE?.
THANK YOU
ALI

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CR001
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Posts: 88573
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Tier 1 Visa Extension Refused

Post by CR001 » Thu Mar 21, 2019 2:34 pm

Forum Netiquette and posting (click to read)
General Note:
Please do not write in all capitals, AS THIS IS MUCH HARDER TO READ (and appears to be shouting)!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Tier 1 Visa Extension Refused

Post by marcnath » Thu Mar 21, 2019 11:15 pm

There is not enough information to comment on your 1st application. What date did you apply ? Which year were employee 2 & 3 PT employed ?

How did you fill the Job Table ? How many jobs and which employees under each ?

Your second application should be fine for job creation.
Remember that when HO finds one criteria that is not met, they may not continue checking others. So, unless the refusal letter stated that other criteria were awarded points, you can’t be sure that meeting the job criteria means approval.
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.

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