Please Help with Tier 1 Entrepreneur Extension Refusal

[OhmV]

Dear members

I am here in UK on Tier 1 Entrepreneur Visa since April 2012 & recently applied for T-1 Entrepreneur extension, which was refused as Nil points were awarded against below 2 attributes

1. Required Investment in UK: I have provided following documents as per my covering letter

1(A) Original copy of Director's loan agreement between self & ABC LTD(signed by another director on behalf of ABC LTD) for a loan amount of £200,000, which is interest free, unsecured & subordinated in favour or 3rd party creditors of the borrower as well as legally binding on all the parties, witnessed by 2 persons outside company
1(B) Original copy of minutes of board resolution of ABC LTD with regards to above loan
1(C) Bank account statements of self, covering period from 11 April 2012 to 01 July 2015, showing funds transfer of over £200,000 to business bank account of ABC Limited
(1D) Business bank account statements of ABC LTD, covering above corresponding period & amount received from me
1(E) Management accounts of ABC Ltd prepared by accountants for period ending 30th June 2015 & confirming receipt of funds from me to ABC Ltd
1 (F) Copy of latest annual return made up to 11/07/2015, confirming shareholding of ABC Ltd, i.e. showing that I hold 100% of the shares of ABC Ltd
1(G) Copy of land registry showing business premises acquisition by ABC Ltd, utilizing my director's loan
1(H) Companies appointment report & filing history from companies house showing registered office as well as name of Directors
1(J) Copy of corporation tax account overview from HMRC & VAT certificate
1 (K) Premises licence for business premises issued by local council
1 (L) Copy of certificate of employer’s liability Insurance by Allianz
1 (M) Sales and VAT report of ABC Ltd from 01st April 2015 to 30th June 2015

UKBA Response: You have not supplied the acceptable evidence under Appendix A of the Immigration rules to establish that the business business you have invested is a UK business because your name was not shown on the accounts provided and they were not signed off by yourself as required under paragraph 46-SD


2. Creation of Jobs in the UK: Following evidence was submitted:

Evidence that the employees are settled worker:
2 (A). Copy of passports of Mrs X & Mr Y as well as residence permit of Mr Y to confirm that they both are settled in UK

Details of employee & period covered for purpose of this application: 01st June 2014 to 30th June 2015:

2(B) Copy of P60 of Mrs X & Mr Y (both full time employee) covering period from 01st June 2014 to 31st March 2015, working 33 hrs per week and paid monthly salary

2 (C) Year-end payroll summary for full time employees Mrs X & Mr Y, covering period from 01st June 2014 to 31st March 2015, showing details like gross salary, tax, NI deductions, national insurance number as well as start date of full time employees, Mrs X & Mr Y , signed & dated by applicant

2 (D) Copy of payslip of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015 as previous 9 months are covered by P60 as mentioned above in 2(B)

2 (E) payroll summary of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015

2 (F) P30 summary for Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015

2 (G) Full payment submission (FPS) of ABC Ltd covering period from 01st June 2014 to 30th June 2015
2 (H) P11 summary of Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015
2 (I) Copy of P45 of Mr Y showing end of his employment on 30/06/2015.

2 (J) Certificate from accountant confirming details of 2 new full time employment creation since company was incorporated, start date of employees, position, employment type, number of hours worked as well as rate & frequency of pay

Additional documents for part time workers with varied hours: There are additional part time workers of ABC Ltd, whose pay roll is dealt separately and there details were provided in addition to above full time employments/workers, claimed against the attributes

2(k) P11 Summary of part time workers with varied hours covering 01st April to 13th July 2015.

2 (l) FPS submission for above part time employees covering corresponding period.


UKBA Response:
# The full payment submissions provided did not meet the requirements as they were not initialled as required under paragraph SD(h)

# You have only supplied 3 wage slips for each of your employee, which is not acceptable as we require the pay slips for the full period claimed as required under paragraph SD(h)


My Queries: Dear members could you please advise

(A) why director's loan agreement is not accepted for investment in UK, this is further supported by many additional documents as outlined in my covering letter, also companies house report confirms my shareholding

(B) For jobs creation, pay slips were provided for this FY and P60, P11 and P45(for the person who left) for complete period, however now I understand that even though all the documents support the time period, payslips are must as well, also didn't realize that I forgot to put my initial on FPS, however could they not ask for additional documents whilst going through with application as some payslips were provided

(C) What should I do from here, as I can only apply for an Admin Review, failing which is it possible to apply for a fresh application as my visa is expired now so don't know if I would have any further leave under section 3C, I have invested all my life savings in acquiring this business and can't leave at a short notice as mentioned in refusal letter, any help would be greatly appreciated.

[samaygrg]

Hi
Sad to know your application got refused and you haven't got any appeal rights?

1. Though I am not an expert, however, I reckon, you must have signed in your DL along with another director indicating you are one of the investor-shareholder-director [along with your partner director] and mentioned your share of investment in there.

2.I think if you hire an expert immigration adviser/solicitor, who can guide you in second issue [and off course in this whole scenario], as it looks you can convince this to HO in your AR.

3. In worst of the worst case scenario, may be you can appeal from your home country.

Again pls wait for the senior who can give you some better advice in this regards.

Cheers

[luqmanzaheer]

Dear members

I am here in UK on Tier 1 Entrepreneur Visa since April 2012 & recently applied for T-1 Entrepreneur extension, which was refused as Nil points were awarded against below 2 attributes

1. Required Investment in UK: I have provided following documents as per my covering letter

1(A) Original copy of Director's loan agreement between self & ABC LTD(signed by another director on behalf of ABC LTD) for a loan amount of £200,000, which is interest free, unsecured & subordinated in favour or 3rd party creditors of the borrower as well as legally binding on all the parties, witnessed by 2 persons outside company
1(B) Original copy of minutes of board resolution of ABC LTD with regards to above loan
1(C) Bank account statements of self, covering period from 11 April 2012 to 01 July 2015, showing funds transfer of over £200,000 to business bank account of ABC Limited
(1D) Business bank account statements of ABC LTD, covering above corresponding period & amount received from me
1(E) Management accounts of ABC Ltd prepared by accountants for period ending 30th June 2015 & confirming receipt of funds from me to ABC Ltd
1 (F) Copy of latest annual return made up to 11/07/2015, confirming shareholding of ABC Ltd, i.e. showing that I hold 100% of the shares of ABC Ltd
1(G) Copy of land registry showing business premises acquisition by ABC Ltd, utilizing my director's loan
1(H) Companies appointment report & filing history from companies house showing registered office as well as name of Directors
1(J) Copy of corporation tax account overview from HMRC & VAT certificate
1 (K) Premises licence for business premises issued by local council
1 (L) Copy of certificate of employer’s liability Insurance by Allianz
1 (M) Sales and VAT report of ABC Ltd from 01st April 2015 to 30th June 2015

UKBA Response: You have not supplied the acceptable evidence under Appendix A of the Immigration rules to establish that the business business you have invested is a UK business because your name was not shown on the accounts provided and they were not signed off by yourself as required under paragraph 46-SD


2. Creation of Jobs in the UK: Following evidence was submitted:

Evidence that the employees are settled worker:
2 (A). Copy of passports of Mrs X & Mr Y as well as residence permit of Mr Y to confirm that they both are settled in UK

Details of employee & period covered for purpose of this application: 01st June 2014 to 30th June 2015:

2(B) Copy of P60 of Mrs X & Mr Y (both full time employee) covering period from 01st June 2014 to 31st March 2015, working 33 hrs per week and paid monthly salary

2 (C) Year-end payroll summary for full time employees Mrs X & Mr Y, covering period from 01st June 2014 to 31st March 2015, showing details like gross salary, tax, NI deductions, national insurance number as well as start date of full time employees, Mrs X & Mr Y , signed & dated by applicant

2 (D) Copy of payslip of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015 as previous 9 months are covered by P60 as mentioned above in 2(B)

2 (E) payroll summary of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015

2 (F) P30 summary for Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015

2 (G) Full payment submission (FPS) of ABC Ltd covering period from 01st June 2014 to 30th June 2015
2 (H) P11 summary of Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015
2 (I) Copy of P45 of Mr Y showing end of his employment on 30/06/2015.

2 (J) Certificate from accountant confirming details of 2 new full time employment creation since company was incorporated, start date of employees, position, employment type, number of hours worked as well as rate & frequency of pay

Additional documents for part time workers with varied hours: There are additional part time workers of ABC Ltd, whose pay roll is dealt separately and there details were provided in addition to above full time employments/workers, claimed against the attributes

2(k) P11 Summary of part time workers with varied hours covering 01st April to 13th July 2015.

2 (l) FPS submission for above part time employees covering corresponding period.


UKBA Response:
# The full payment submissions provided did not meet the requirements as they were not initialled as required under paragraph SD(h)

# You have only supplied 3 wage slips for each of your employee, which is not acceptable as we require the pay slips for the full period claimed as required under paragraph SD(h)


My Queries: Dear members could you please advise

(A) why director's loan agreement is not accepted for investment in UK, this is further supported by many additional documents as outlined in my covering letter, also companies house report confirms my shareholding

(B) For jobs creation, pay slips were provided for this FY and P60, P11 and P45(for the person who left) for complete period, however now I understand that even though all the documents support the time period, payslips are must as well, also didn't realize that I forgot to put my initial on FPS, however could they not ask for additional documents whilst going through with application as some payslips were provided

(C) What should I do from here, as I can only apply for an Admin Review, failing which is it possible to apply for a fresh application as my visa is expired now so don't know if I would have any further leave under section 3C, I have invested all my life savings in acquiring this business and can't leave at a short notice as mentioned in refusal letter, any help would be greatly appreciated.

hi dear can you explain bit more so i can help you you said HO said your name is not on accounts so can you tell me where your name was not on accounts you mean to say on balance sheet investment was not shown with your name or accounts signature section if account signature section was your other director name was there or not?

[OhmV]

Thanks SamyGrg & Inq for your response

Could someone please advise if

(a) If admin review is refused, will I get some time to submit fresh application, as my leave is already expired

(b) If I get to submit fresh application, can I refer to some of the original documents, which are already in receipt with UKBA for claiming points against attributes

Many thanks

[Entrepreneur9]

I believe if the Admin review is refused, you get 28 days to either leave the country or make a fresh application. But please confirm.

And yes if you are making a fresh application and the original documents are still with UKBA, you can refer to those documents.

Hope this helps

[nadeem75]

Dear members

I am here in UK on Tier 1 Entrepreneur Visa since April 2012 & recently applied for T-1 Entrepreneur extension, which was refused as Nil points were awarded against below 2 attributes

1. Required Investment in UK: I have provided following documents as per my covering letter

1(A) Original copy of Director's loan agreement between self & ABC LTD(signed by another director on behalf of ABC LTD) for a loan amount of £200,000, which is interest free, unsecured & subordinated in favour or 3rd party creditors of the borrower as well as legally binding on all the parties, witnessed by 2 persons outside company
1(B) Original copy of minutes of board resolution of ABC LTD with regards to above loan
1(C) Bank account statements of self, covering period from 11 April 2012 to 01 July 2015, showing funds transfer of over £200,000 to business bank account of ABC Limited
(1D) Business bank account statements of ABC LTD, covering above corresponding period & amount received from me
1(E) Management accounts of ABC Ltd prepared by accountants for period ending 30th June 2015 & confirming receipt of funds from me to ABC Ltd
1 (F) Copy of latest annual return made up to 11/07/2015, confirming shareholding of ABC Ltd, i.e. showing that I hold 100% of the shares of ABC Ltd
1(G) Copy of land registry showing business premises acquisition by ABC Ltd, utilizing my director's loan
1(H) Companies appointment report & filing history from companies house showing registered office as well as name of Directors
1(J) Copy of corporation tax account overview from HMRC & VAT certificate
1 (K) Premises licence for business premises issued by local council
1 (L) Copy of certificate of employer’s liability Insurance by Allianz
1 (M) Sales and VAT report of ABC Ltd from 01st April 2015 to 30th June 2015

UKBA Response: You have not supplied the acceptable evidence under Appendix A of the Immigration rules to establish that the business business you have invested is a UK business because your name was not shown on the accounts provided and they were not signed off by yourself as required under paragraph 46-SD


2. Creation of Jobs in the UK: Following evidence was submitted:

Evidence that the employees are settled worker:
2 (A). Copy of passports of Mrs X & Mr Y as well as residence permit of Mr Y to confirm that they both are settled in UK

Details of employee & period covered for purpose of this application: 01st June 2014 to 30th June 2015:

2(B) Copy of P60 of Mrs X & Mr Y (both full time employee) covering period from 01st June 2014 to 31st March 2015, working 33 hrs per week and paid monthly salary

2 (C) Year-end payroll summary for full time employees Mrs X & Mr Y, covering period from 01st June 2014 to 31st March 2015, showing details like gross salary, tax, NI deductions, national insurance number as well as start date of full time employees, Mrs X & Mr Y , signed & dated by applicant

2 (D) Copy of payslip of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015 as previous 9 months are covered by P60 as mentioned above in 2(B)

2 (E) payroll summary of Mrs X & Mr Y, covering period from 01st April 2015 to 30th June 2015

2 (F) P30 summary for Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015

2 (G) Full payment submission (FPS) of ABC Ltd covering period from 01st June 2014 to 30th June 2015
2 (H) P11 summary of Mrs X & Mr Y, covering period from 01st June 2014 to 30th June 2015
2 (I) Copy of P45 of Mr Y showing end of his employment on 30/06/2015.

2 (J) Certificate from accountant confirming details of 2 new full time employment creation since company was incorporated, start date of employees, position, employment type, number of hours worked as well as rate & frequency of pay

Additional documents for part time workers with varied hours: There are additional part time workers of ABC Ltd, whose pay roll is dealt separately and there details were provided in addition to above full time employments/workers, claimed against the attributes

2(k) P11 Summary of part time workers with varied hours covering 01st April to 13th July 2015.

2 (l) FPS submission for above part time employees covering corresponding period.


UKBA Response:
# The full payment submissions provided did not meet the requirements as they were not initialled as required under paragraph SD(h)

# You have only supplied 3 wage slips for each of your employee, which is not acceptable as we require the pay slips for the full period claimed as required under paragraph SD(h)


My Queries: Dear members could you please advise

(A) why director's loan agreement is not accepted for investment in UK, this is further supported by many additional documents as outlined in my covering letter, also companies house report confirms my shareholding

(B) For jobs creation, pay slips were provided for this FY and P60, P11 and P45(for the person who left) for complete period, however now I understand that even though all the documents support the time period, payslips are must as well, also didn't realize that I forgot to put my initial on FPS, however could they not ask for additional documents whilst going through with application as some payslips were provided

(C) What should I do from here, as I can only apply for an Admin Review, failing which is it possible to apply for a fresh application as my visa is expired now so don't know if I would have any further leave under section 3C, I have invested all my life savings in acquiring this business and can't leave at a short notice as mentioned in refusal letter, any help would be greatly appreciated.

Hi.
Please advise what deceion have you taken.
My opinion better go for fresh application with cover of HO objection. And make sure each and every paper will include your name and sign.

Regards
Nadeem.