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Tier 1 Ext refused

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

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softwareluv
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Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 1:28 am

Hi all,

I got rejection letter in post today and the reason was FPS document not provided when I have provided FPS summary sheet signed by accountant. Is that reason still valid or I should have provided.
I just want to get what you guys thing about it. I have provided FPS filling history document, P11d, Payslips, Passports & Birth Certificate, P45 & P46 I got from employees while joining my business.

Should I go for AR or just make fresh application? Do I need to send all documents if I am making fresh application or just the documents missing?

Full reason as below:
(i) evidence to show the applicant is reporting PAYE income tax appropriately to HMRC, such as printouts of Employee Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including first submission or summaries), or original HMRC P45 or P46, which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant's business.
Based on the evidence you have provided, you have failed to meet the requirements above. This is because you have not submitted RTI Full Payment Submissions to show you are reporting PAYE income tax approirately to HMRC. You have threfore failed to meet the requirements at paragraph 46-SD(h)(i) of Appendix A of the immigration rules and we have been unable to award you points for that.

Dangerous Dragon
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Re: Tier 1 Ext refused

Post by Dangerous Dragon » Wed Nov 02, 2016 8:00 am

Sorry to hear your refusal softwareluv,

You should provide every monthly or weekly FPS statements signed by yourself , these statements show the number of employees you paid for that month or week and how much tax have you paid for them. I am assuming you just sent the history of FPS submissions with date and time of your submissions.

Shaekakarim
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Re: Tier 1 Ext refused

Post by Shaekakarim » Wed Nov 02, 2016 8:09 am

Very sorry to hear about ur news. When did u apply? Did they call u for interview?

MYA
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Re: Tier 1 Ext refused

Post by MYA » Wed Nov 02, 2016 9:03 am

Morning software love

Sorry to hear that ur application is refused, FPS is the primary documents you need to submit either monthly or weekly according to the way you submit, so Iam shocked that how you can miss those documents.

In my point you have to submit fresh application as you can't challenge the decision as you missed to provide basic documents so it will not rectify your mistake by going for AR, because you have no grounds to go ahead.

Finally could you please write time line for your application as this forum including me want to know what was the exact time homeoffice took to consider your application, as Iam sure that you could not get to interview stage as you got basic documents so there was no reason for HO to inter view you.

Fingers crossed.

Regards

MYA
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Re: Tier 1 Ext refused

Post by MYA » Wed Nov 02, 2016 9:08 am

Hi

The above opinion was according to my own understanding , but you must consult to good lawyers before making any fresh application or going for AR.

awan905
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Re: Tier 1 Ext refused

Post by awan905 » Wed Nov 02, 2016 9:45 am

softwareluv wrote:Hi all,

I got rejection letter in post today and the reason was FPS document not provided when I have provided FPS summary sheet signed by accountant. Is that reason still valid or I should have provided.
I just want to get what you guys thing about it. I have provided FPS filling history document, P11d, Payslips, Passports & Birth Certificate, P45 & P46 I got from employees while joining my business.

Should I go for AR or just make fresh application? Do I need to send all documents if I am making fresh application or just the documents missing?

Full reason as below:
(i) evidence to show the applicant is reporting PAYE income tax appropriately to HMRC, such as printouts of Employee Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including first submission or summaries), or original HMRC P45 or P46, which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant's business.
Based on the evidence you have provided, you have failed to meet the requirements above. This is because you have not submitted RTI Full Payment Submissions to show you are reporting PAYE income tax approirately to HMRC. You have threfore failed to meet the requirements at paragraph 46-SD(h)(i) of Appendix A of the immigration rules and we have been unable to award you points for that.
Hi, sorry to hear this and I think you only submitted submission logs for FPS. There can be a chance that you get successful in AR because on this forum if you check there is another guy raj.m, he also got same refusal however in his admin review the decision was overturn, because we did submit the additional documents such as P11, P45, P32, PAYSLIPS, etc.
Please check below link, this might help
http://www.immigrationboards.com/uk-tie ... ilit=raj.m

regularuser
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Re: Tier 1 Ext refused

Post by regularuser » Wed Nov 02, 2016 11:08 am

softwareluv,

Sorry to hear this. what is your timeline ?

softwareluv
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Re: Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 11:57 am

My timeline as below
Applied 07/09/2016
Biometric done 15/09/2016
No interview
Rejection received 01/11/2016

MYA
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Re: Tier 1 Ext refused

Post by MYA » Wed Nov 02, 2016 12:39 pm

Hi software love
Could you please let me know , what documents HO kept, did they returned your passport?

MYA
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Re: Tier 1 Ext refused

Post by MYA » Wed Nov 02, 2016 12:42 pm

Did they send you rejection via recorded delivery and what other documents they returned in envelop??????????

softwareluv
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Re: Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 12:45 pm

I only got rejection letter in post signed for delivery but postman just dropped it in postbox and didnt get signed so I am again confused if 14 days starts from yesterday.

MYA
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Re: Tier 1 Ext refused

Post by MYA » Wed Nov 02, 2016 1:18 pm

Normally the mention in the refusal letter, but it 14 days usually start from the date of the refusal letter, I left this question open for other respectable members of the forum to put the light on your 14 days issue.

Have u got ur partial refund and if u got what date u receive in your account

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zimba
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Re: Tier 1 Ext refused

Post by zimba » Wed Nov 02, 2016 1:25 pm

I have to remind you that HO is looking for FPS reports generated by Paryroll software not a filing summary or submission reports (other alternative evidence is not acceptable) I suggest you go for AR first. You need to put down the case that your evidence clearly shows you are reporting PAYE via RTI and that you have no other option as RTI reporting is compulsory as shown in the filing submissions.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

hamalt66
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Re: Tier 1 Ext refused

Post by hamalt66 » Wed Nov 02, 2016 2:08 pm

softwareluv wrote:Hi all,

I got rejection letter in post today and the reason was FPS document not provided when I have provided FPS summary sheet signed by accountant. Is that reason still valid or I should have provided.
I just want to get what you guys thing about it. I have provided FPS filling history document, P11d, Payslips, Passports & Birth Certificate, P45 & P46 I got from employees while joining my business.

Should I go for AR or just make fresh application? Do I need to send all documents if I am making fresh application or just the documents missing?

Full reason as below:
(i) evidence to show the applicant is reporting PAYE income tax appropriately to HMRC, such as printouts of Employee Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including first submission or summaries), or original HMRC P45 or P46, which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant's business.
Based on the evidence you have provided, you have failed to meet the requirements above. This is because you have not submitted RTI Full Payment Submissions to show you are reporting PAYE income tax approirately to HMRC. You have threfore failed to meet the requirements at paragraph 46-SD(h)(i) of Appendix A of the immigration rules and we have been unable to award you points for that.
Sorry to hear that Softwareluv. May I ask what you meant by FPS summary sheet?

softwareluv
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Re: Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 2:22 pm

Its FPS Filling History sheet showing period, filling date, No of employees, starters, leavers.

Can someone clarify what happens if AR is refused? Do we get chance to make fresh application within 28 days from AR refusal or we don't get that option?

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zimba
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Re: Tier 1 Ext refused

Post by zimba » Wed Nov 02, 2016 2:27 pm

Its FPS Filling History sheet showing period, filling date, No of employees, starters, leavers.
Based on the rules, they should accept such FPS report summaries as a proof of reporting RTI. You have a great chance to overturn this decision in AR.
Can someone clarify what happens if AR is refused? Do we get chance to make fresh application within 28 days from AR refusal or we don't get that option?
Yes, you get a chance to apply for new application for 28 days after your AR is refused.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

softwareluv
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Re: Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 2:37 pm

Does it say anywhere on Home Office website or any guidance that we can still reapply within 28 days after refusal.

I am asking because I am trying to get opinion from couple of solicitors and one solicitor seem to be confident that I cannot make fresh application if AR is refused.

awan905
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Re: Tier 1 Ext refused

Post by awan905 » Wed Nov 02, 2016 2:44 pm

softwareluv wrote:Does it say anywhere on Home Office website or any guidance that we can still reapply within 28 days after refusal.

I am asking because I am trying to get opinion from couple of solicitors and one solicitor seem to be confident that I cannot make fresh application if AR is refused.
That solicitor is wrong and just want to make money from you. You can apply in 28 days after AR refusal, however it is better to go for AR, because you did submit the additional documents and also RTI submission logs . You have alot of chance to get the decision over turn by home office in AR

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zimba
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Re: Tier 1 Ext refused

Post by zimba » Wed Nov 02, 2016 3:50 pm

That solicitor is wrong and also dangerous. The Immigration rules part 7 (276B(v)) states:
(v) the applicant must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded, as will any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Jazz2007
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Re: Tier 1 Ext refused

Post by Jazz2007 » Wed Nov 02, 2016 4:00 pm

As Zimba suggested we strongly reccommend you to go for AR.
It can Overturn the original Decision.

After AR if its still not successful you can go for Fresh Application within 28 days.




Hi all,

I got rejection letter in post today and the reason was FPS document not provided when I have provided FPS summary sheet signed by accountant. Is that reason still valid or I should have provided.
I just want to get what you guys thing about it. I have provided FPS filling history document, P11d, Payslips, Passports & Birth Certificate, P45 & P46 I got from employees while joining my business.

Should I go for AR or just make fresh application? Do I need to send all documents if I am making fresh application or just the documents missing?

Full reason as below:
(i) evidence to show the applicant is reporting PAYE income tax appropriately to HMRC, such as printouts of Employee Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including first submission or summaries), or original HMRC P45 or P46, which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant's business.
Based on the evidence you have provided, you have failed to meet the requirements above. This is because you have not submitted RTI Full Payment Submissions to show you are reporting PAYE income tax approirately to HMRC. You have threfore failed to meet the requirements at paragraph 46-SD(h)(i) of Appendix A of the immigration rules and we have been unable to award you points for that.
[/quote]

softwareluv
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Re: Tier 1 Ext refused

Post by softwareluv » Wed Nov 02, 2016 4:25 pm

I did talk to accountant and they use SuperPay application which he said does not provide any other documents for FPS submissions. So the one I already sent Home Office is the one I can get and if I have to make fresh application, i am not sure what different document can I send for that anyway.

And to be honest the document already provided does show all months from the day I incorporated my company and it shows each monthly period, submission date, no of employees, starters, leavers in it and i had it signed and stamped by accountant who is ACCA qualified and registered. And company cannot run without RTI submissions now anyway, so I don't understand how can case worker simply reject on basis of that document. End of the day he should be trying to find out if applicant is genuine entrepreneur and has business running and satisfy all conditions for this Visa.

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zimba
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Re: Tier 1 Ext refused

Post by zimba » Wed Nov 02, 2016 4:32 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sedra
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Re: Tier 1 Ext refused

Post by sedra » Wed Nov 02, 2016 4:50 pm

Unfortunately my case refused today. I need to act fast. Does anyone knows how long does it take after AR if I apply for AR? They claimed some documents were missing which we submitted and apparently home office lost them.

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aby00156
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Re: Tier 1 Ext refused

Post by aby00156 » Wed Nov 02, 2016 4:55 pm

sedra wrote:Unfortunately my case refused today. I need to act fast. Does anyone knows how long does it take after AR if I apply for AR? They claimed some documents were missing which we submitted and apparently home office lost them.
Which documents were missing. Can you please specify them.
So verily, with every difficulty, there is relief.

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zimba
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Re: Tier 1 Ext refused

Post by zimba » Wed Nov 02, 2016 5:15 pm

sedra wrote:Unfortunately my case refused today. I need to act fast. Does anyone knows how long does it take after AR if I apply for AR? They claimed some documents were missing which we submitted and apparently home office lost them.
Yo get 14 days to apply for AR. Home office lost it ?? Unlikely.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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