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Hello

My ILR application, 5 year route via Entrepreneur Visa was refused after my interview. I applied for Administrative Review and Home Office retained their refusal reasons.

Their refusal reasons where based on my interview. They dont think I genuinely employed 2 employees.

I have 2 employees, 1 runs the retail trading arm of my business while the other is at the consulting arm. They claim I didn't provide a rental agreement for the trading arm even though I argued during my AR that I wasnt asked to provide the rental agreement during my interview.

They also claimed that the evidence I provided for the work done by the other employee at the consulting arm was a presentation that I prepared by my self. They claim their was no evidence that the employee made the presentation.

The asked me email them invoices and bank statements that showed evidence of my contracts which I did. 12 months bank statements showing payments from companies for the consulting arm and also the rental agreement of the shop for the retail arm.

I need advice on the way forward. Do I go for Judicial Review or make a fresh application while addressing their refusal reasons.

I do not meet the criteria for 10 year route but I have a son who is below 18 and has been here for over 8 years.

The interview is structured in a way to provide balance of probabilities about the genuineness of investment, business activities, employment etc.

JR can be successful if your interview transcript suggest that your employment creation fits in your business process and all relevant proves has been provided i.e operational activities, KPI’s, work reporting, compliance, contributions ....etc. A good defence/argument for JR must have historic data and credible evidences.

Napoleon77 wrote: ↑

Fri Oct 04, 2019 5:39 pm

You could apply afresh if you feel you can counter the refusal points and are indignant.
Or you could go the FLR(fp) route immediately and apply LR once you complete 10 years
I’m not sure how wise it is to go for a JR due to the costs and stress involved.

moongesture wrote: ↑

Sat Oct 05, 2019 11:31 pm

The interview is structured in a way to provide balance of probabilities about the genuineness of investment, business activities, employment etc.

JR can be successful if your interview transcript suggest that your employment creation fits in your business process and all relevant proves has been provided i.e operational activities, KPI’s, work reporting, compliance, contributions ....etc. A good defence/argument for JR must have historic data and credible evidences.

Thanks for the advice but I was told that I would not be allowed to provide additional information during the JR process so maybe I would consider a fresh application and address the points they raised with additional documents and a cover letter.

aman90 wrote: ↑

Sun Oct 06, 2019 2:58 am

Napoleon77 wrote: ↑

Fri Oct 04, 2019 5:39 pm

You could apply afresh if you feel you can counter the refusal points and are indignant.
Or you could go the FLR(fp) route immediately and apply LR once you complete 10 years
I’m not sure how wise it is to go for a JR due to the costs and stress involved.

I can counter the refusal points, so I would go for a fresh application. What do you mean by FLR(fp) route? Never heard of it. I wont be eligible for the 10 year route until October 2020

Napoleon77 wrote: ↑

Sun Oct 06, 2019 6:48 am

I can counter the refusal points, so I would go for a fresh application. What do you mean by FLR(fp) route? Never heard of it. I wont be eligible for the 10 year route until October 2020

Have you heard of google?

aman90 wrote: ↑

Sun Oct 06, 2019 10:01 am

Napoleon77 wrote: ↑

Sun Oct 06, 2019 6:48 am

I can counter the refusal points, so I would go for a fresh application. What do you mean by FLR(fp) route? Never heard of it. I wont be eligible for the 10 year route until October 2020

Have you heard of google?

Very funny! Thanks

Hi, there should be counter arguments and substantial proves with JR/fresh application. As you have been refused on the balance of probabilities the onus is on you to overcome upon the doubts. I have seen positive JR/fresh applications outcomes when arguments provided strongly. Kindly do take a very good legal advise before proceeding.

moongesture wrote: ↑

Sun Oct 06, 2019 12:36 pm

Hi, there should be counter arguments and substantial proves with JR/fresh application. As you have been refused on the balance of probabilities the onus is on you to overcome upon the doubts. I have seen positive JR/fresh applications outcomes when arguments provided strongly. Kindly do take a very good legal advise before proceeding.

Thanks a lot for your detailed explanation.

My worry about JR is that I wont be allowed to submit any new information, and even if my JR is successful my case returns to HO who would assess it based on the information I originally submitted.

With a fresh application I will be able to address all the refusal points they raised with strong evidence.

So based on the above, I suspect that a fresh application may stand a better chance.

Also take into consideration that JR is a very expensive process.

Casa wrote: ↑

Sun Oct 06, 2019 12:59 pm

Also take into consideration that JR is a very expensive process.

Thanks a lot. I guess that means the only option is a new application while addressing the refusal reasons.

Casa wrote: ↑

Sun Oct 06, 2019 12:59 pm

Also take into consideration that JR is a very expensive process.

Can I possibly apply for a fresh ILR via Ent Visa for my self, then my son applies for Private Life Visa under 7 year route(he has been here 8 years)?

Thanks

Hi Napoleon77

Really sorry to hear about your refusal, can you please share more information when did you applied and after what time they have interviewed you. where was the interview held and your employees were present at the time of interview? Did they asked you to show any conversation with the employees or emails ?
your reply will be highly appreciated, thanks

Hi Napoloean77,

All the best for the success of your application. Our good wishes are with you.

Please can you respond to the question raised by manu_122?

Thank you in advance

Hi there
Very sorry to hear about your case.
Can you please tell us,
Have you been interviewed before at initial stage or at extension stage?