HO Accelerated Route Victim ( Definite JR Case )

[rooney0511]

MOST Interesting Case I just came across of a Friend

Initial application £50,000 route approved in December 2012
Accelerated ILR refused end of December 2015.
( Accountant messed up the Investment part, No points were given for Investment.
Total Investment done is more than £ 100,000 against the required £ 50,000)

4 Employees for 3 years ( Highly paid ) Points given (20)

Re-applied on END OF FEB 2016 after Failed Admin Review. Same Documents with
rectified Accounts.

Investment Points given.

Refused on Employment ( Same Employees shown before, awarded points in December 2015 )
No points given here.

Now Please enlighten me on this case.

1. Two different applications, same paper work once points given given, second points NOT given.

2. Both applications fall before the Clarifications came in place in April 2016. ( Second application is lodged at the end of Feb 2016.)

3. How would one anticipate changes in future when an application is pending an outcome.

4. See how the HO trickery.

According to the Statement of Changes laid in the Parliament on March 11, 2016 Point 7.12 says

"In response to external queries from external stake holders, minor clarifications ARE BEING MADE
to existing Immigration Rules around job creation."

How one in the right mind would understand this.

5. In the HO Guidance published for Staff on 07 April 2016, it says on Page 9 of 155 ( Please note this is the 155 page guidance)

Date of the change 06 April 2016.


Details of the change

Change request
 Amendments in line with the Immigration
Rules update of 6 April 2016:
o provision for applicants applying with
funding from a UK Seed Funding Competition or a UK Government Department
o provision on invested funds to demonstrate investment on behalf of
o additional documentation for applicants applying with venture capital funds
o clarifications on job creation
o amendments to English language section
o accountants requiring a valid licence to
practise or practising certificate

It does mention Date of Change .

6. Presently in the Admin Review stage, NO hope whatsoever.

7. Preparing for JR

Now tell me, WHERE, WHAT AND HOW is this an applicants mistake. Cannot even go for Extention now.

Any comments and advice are welcome.

Any Barristers who are willing to challenge this Change, there is no better case than this.

Barristers, Friends who are in the same boat Please advice.

[sm12]

What do you mean by accountant messed up investment?

Really feel for your friend.

[confused90]

Very unfortunate to hear this.

I'm also in a similar situation, and also plan on going to JR

[rooney0511]

[quote="sm12"]What do you mean by accountant messed up investment?

Did it as a Cash Investment, Did not mention the name in the Accounts.
Very minor error, should have been over looked as per the Evidential Flexibility but still refused.

Provided Bank Statements showing transfer of funds, Numerous Accountant Letters confirming
Investment, Accounts shows Investment but just did not show the name.

Anyway, it was harsh on the First refusal but Brutal on the second one.

Applicant has 3 dependents, so it was 12000 pounds down the drain so far as as fees is concerned.

[confused90]

Please PM me your contact details, wish to discuss further

[sm12]

That's very harsh. What is the point of introducing evidential flexibility when they never use it.
JR is costly but only options it seems.

[snapitbik]

dear Rooney0511

I like to ask you if you are applying Accelerated Route i think the guidance clearly state that 10 jobs must be created and transitional arrangement cannot be applied so how only 4 full time employees can be eligible to apply for Accelerated Route. or did you meet the Turnover Criteria. or did you just combine total working hours of 4 employees.

Best Regards

[zimba]

You need to send documents based on the immigration rules, alternative evidence is not acceptable. Evidential flexibility doesn't apply when your document was missing the required information.

[noajthan]

Please PM me your contact details, wish to discuss further

This is a public internet forum - suggest preferable to discuss in public so all may benefit.

Careful appraisal and understanding of requirements;
plus appropriate and prudent instruction to accountant;
also prudent and careful oversight/governance of accountant;
as well as critical choice of competent, experienced and accredited accountant (& other advisors) - may be good places to start.

[confused90]

I wanted to discuss the similarity of my case with the OP.

Since, we had applied before the new rules and 'clarifications' were announced... we should technically be treated as applicants according to the previous rules and guidance.

[rooney0511]

dear Rooney0511

I like to ask you if you are applying Accelerated Route i think the guidance clearly state that 10 jobs must be created and transitional arrangement cannot be applied so how only 4 full time employees can be eligible to apply for Accelerated Route. or did you meet the Turnover Criteria. or did you just combine total working hours of 4 employees.

Best Regards

Applied Accelerated Route 4 employees working for 3 years ( Combined hours )

[rooney0511]

You need to send documents based on the immigration rules, alternative evidence is not acceptable. Evidential flexibility doesn't apply when your document was missing the required information.

Dear Zimba88,

It was only a thought that the First application should have been successful if the Evidential Flexibility was applied correctly.

245AA.Documents not submitted with applications

(d)If the applicant has submitted a specified document:
(i)in the wrong format; or
(ii)which is a copy and not an original document; or
(iii)which does not contain all of the specified information, but the missing information is verifiable from:)
other documents submitted with the application,
(2) the website of the organisation which issued the document, or
(3) the website of the appropriate regulatory body;

the application may be granted exceptionally, providing the Entry Clearance Officer, Immigration Officer or the Secretary of State is satisfied that the specified documents are genuine and the applicant meets all the other requirements.

Anyway, the applicant did not fuss about this as he thought that addressing the error would suffice in the next application.

The point of discussion is Points were awarded for employment in the end of December 2015 , Not awarded in April 2016. ( Applied in Feb 2016)
What changed, where is the mistake, how does one interpret the rules.

[helpingperson]

As the point of discussion is about jobs creation, since HO awarded points in first application then they should have done same in recent application which was well before new guidance was issued.

You need to discuss with a solicitor and see what they say. Clearly you stand a very strong chance.