Tier 1 Entrepreneur Extension Investment without Team

[LIZANAZ]

Dear,

I have applied for TIER 1 Entrepreneur Extension Visa by myself on 15 March 2016 as an entrepreneur team. It has been rejected on 10 May 2016. I have submitted my administrative review application 25 May 2016. Now I am just waiting for the admin review result whether is it positive or not. If the result is negative I think I may have 28 days for doing another fresh Entrepreneur Extension application. In the mean time as waiting for admin result, I am planning to prepare all the documents for fresh application. I have an enquiry regarding making documents:

1. I have applied for Tier 1 Entrepreneur Extension in March 2016 as an entrepreneur team which has been refused. I have invested £30,000 by myself (total investment was £58,000 with my team partner and 3 full time job position) in that business. Now, my partner is unable to make fresh application as lack of maintenance funds for 90 days. So my question is can I use the full £58,000 as my investment and job creation? Or I have to invest more in this business?

2. I have another business with two other persons (they are an entrepreneur team. So total three directors) that is company house registered and VAT registered. I have invested around £15,000 in this business last couple of months. So, can I add this business documents and investment with my first business, if I am unable to proof full £58,000 in my first business?

So dear, would you advice me regarding the above scenario.

[zimba]

First of all what is the reason your application was rejected ?

1. I have applied for Tier 1 Entrepreneur Extension in March 2016 as an entrepreneur team which has been refused. I have invested £30,000 by myself (total investment was £58,000 with my team partner and 3 full time job position) in that business. Now, my partner is unable to make fresh application as lack of maintenance funds for 90 days. So my question is can I use the full £58,000 as my investment and job creation? Or I have to invest more in this business?

You need to show that you personally invested at least 50K in a business to score 75 points for investment.

2. I have another business with two other persons (they are an entrepreneur team. So total three directors) that is company house registered and VAT registered. I have invested around £15,000 in this business last couple of months. So, can I add this business documents and investment with my first business, if I am unable to proof full £58,000 in my first business?

Yes, you can as long as you provide all the evidence required, from the evidence of directorship to company accounts and loan agreement and business statements, showing investment clearly under your name.

[LIZANAZ]

Hi dear,

The reason for refusal was:

1) We submit 15 months bank statement mistakenly that shows £37,000 invest by both of us. Though we had 2 & half months bank statement and £58,000 investment. We didn't take it seriously that submitting bank statement is mandatory as we submit accountant letter, invest schedule, loan agreement, management accounts, un-audited accounts.

2) We Submit RTI submission that doesn't contains employee's start date. But we submit payslip, P32, P45, P60, C600, Employee Payment Submission, RTI Payment submission.

Anyway, can I use job creation as my team mate is not applying anymore. We have 3 full time jobs in the same business for which I invest £30,000. Now, I want to invest around £25,000 to my another business, in which I have two more directors but no employee for this business.

So, finally....... £30,000+£25,000=£55,000 investment in my two business and three employee from my one business.

So, First business I invest £30,000 for that business I have applied and refused.

[zimba]

- You need to show that you invested at least 50K under your name in one or more business(es)
- You need to supply ALL documents required without exception for your extension
- You can claim points for employment from one company and investment in another company

[seasky]

Hi dear,

The reason for refusal was:

1) We submit 15 months bank statement mistakenly that shows £37,000 invest by both of us. Though we had 2 & half months bank statement and £58,000 investment. We didn't take it seriously that submitting bank statement is mandatory as we submit accountant letter, invest schedule, loan agreement, management accounts, un-audited accounts.

2) We Submit RTI submission that doesn't contains employee's start date. But we submit payslip, P32, P45, P60, C600, Employee Payment Submission, RTI Payment submission.

Anyway, can I use job creation as my team mate is not applying anymore. We have 3 full time jobs in the same business for which I invest £30,000. Now, I want to invest around £25,000 to my another business, in which I have two more directors but no employee for this business.

So, finally....... £30,000+£25,000=£55,000 investment in my two business and three employee from my one business.

So, First business I invest £30,000 for that business I have applied and refused.

1. You bloody should take submission seriously, it's expensive. It's also expensive to leave the country and your businesses behind.

2. Are the three full times jobs been there for over 12 months? (you need at least 24 months of employment to get points)

3. You can fulfil the points over more than one company, that does meet the minimum points threshold

4. I don't know the differences of the £50K route (I am a 200ker) but it seems you have fulfilled the investment because you did £58k with your team partner (the fact he left does not detract the criteria), you just didn't supply the proper evidence (though you say in OP that you say you may not be able to prove it)

5. You better get a new application really well done with a compelling cover letter that explains why you have multiple businesses. Looking at the little you wrote it does not seem you have a very exciting business for the UK economy (are your employees min wage?) and as such under genuine entrepreneur test they are not particularly keen to extend. Don't give them a reason not too

[seasky]

- You need to show that you invested at least 50K under your name in one or more business(es)

As a entrepreneurial team can he not share the £50K with his partner? (no matter that he is not extending...)

[LIZANAZ]

Hi dear,

Thanks, but I don't understand the second line "- You need to supply ALL documents required without exception for your extension".

Is it not effect the job creation as My partner is not applying anymore? Because, my partner's investment is being deducted from the whole £58,000 investment.

[LIZANAZ]

seasky wrote:
2. Are the three full times jobs been there for over 12 months? (you need at least 24 months of employment to get points)

yes, we had our first staff since 19 Feb 2014. We had 7 staffs altogether during this time. Now, we have 2 full time staffs since November 2015.

[seasky]

Hi dear,

Thanks, but I don't understand the second line "- You need to supply ALL documents required without exception for your extension".

Is it not effect the job creation as My partner is not applying anymore? Because, my partner's investment is being deducted from the whole £58,000 investment.

1. you said yourself you did not supply bank records/proper RTI ("because you thought all the other documents are enough)", well guess what it's not supply ALL the evidence as per guide.

2. Waiting for Zimba's guidance but the fact your partner is not applying anymore has no bearing for points at all

[seasky]

seasky wrote:
2. Are the three full times jobs been there for over 12 months? (you need at least 24 months of employment to get points)

yes, we had our first staff since 19 Feb 2014. We had 7 staffs altogether during this time. Now, we have 2 full time staffs since November 2015.

I cannot tell how many months of employment you had. but if it is a lot beyond 24 then that is a good point. The constant turnover (on min wage I assume) is a very weak point. Case worker will not think well at least he is giving steady employment. That is not a reason not to give you points but certainly a reason to not give you any leniency in mistakes (let me explain it this way, if you had a very strong application they would have contacted you to send them the missing bank statement instead of declining your visa)

[zimba]

Your immigration application is a separate one. Having a team member ONLY means that you can share investment and job creation evidence, that is all. If you want to go ahead without your partner, you still need to supply ALL the required evidence for a successful extension.
The job creation evidence will not be affected and should be fine but the investment evidence now has to show that you invested at least 50K under your name.

[seasky]

Your immigration application is a separate one. Having a team member ONLY means that you can share investment and job creation evidence, that is all. If you want to go ahead without your partner, you still need to supply ALL the required evidence for a successful extension.
The job creation evidence will not be affected and should be fine but the investment evidence now has to show that you invested at least 50K under your name.

He already invested £58K with partner, if he has evidence that should suffice? (in other words what does 'under your name' mean with a partner?)

[zimba]

He already invested £58K with partner, if he has evidence that should suffice? (in other words what does 'under your name' mean with a partner?)

You need to demonstrate that you personally invested min 50K in a business if you are applying on your own. You can only share the investment with someone if he/she is your team member and you both had access to the funds.

[seasky]

He already invested £58K with partner, if he has evidence that should suffice? (in other words what does 'under your name' mean with a partner?)

You need to demonstrate that you personally invested min 50K in a business if you are applying on your own. You can only share the investment with someone if he/she is your team member and you both had access to the funds.

Zimba pls rethink this.

This other person was (technically still is) his team member and they both had access to the funds and invested together as an entrepreneurial team. The other member is not extending but that has no relevance. It is each member being assess individually during extension. They may use the same evidence of investment/employee that is all

Think of it this way if the other member WAS extending would he be considered to have made £50K, yes, so what difference it that he is not extending or if he was and was rejected (for other reasons, e.g. no maintenance)

[solomondid]

I think you both should apply. Your team mate can get maintenance from back home if he has equal amount in his account, can use all his accounts combined if it matches the required maintenance funds.

If that dont seem possible, your job gets more confusing and tedious, you would now need accounts of two different companies where the investment should be clearly shown in your name. You would also need both business's bank statements to show the transfer from you to the business, CAR of both businesses, and CT600 of both businesses.

You seem to meet the job creation requirement, only if they were all settled and paid minimum wage. If previous FPS had no joining date you must contact HMRC to get full versions or accountant needs to be given that reaponsibility. Unfortunately, any replacement document to prove start dates is is not being accepted.

All the best.

[Mrchaany]

dear Lizanaz

Your team have not even look to appendix A
Investment can be shown in two forms one is management accounts and then through business bank statement transactions.
Your second refusal point is by an accountant mistake.

Regards
Ik

[LIZANAZ]

Hi dear all,

What does it mean "CAR for both business"? I meet a solicitor today suggesting i can make fresh application for which I can use whole £58,000 investment and job creation. No metter is my partner applying or not. Solicitors are a bit confused. They are making our life hard as well. Would anyone can giving me a clear advice with confidence about this though all your suggestions realy help me.

[CR001]

http://www.immigrationboards.com/uk-tie ... 10222.html

[noajthan]

Hi dear all,

What does it mean "CAR for both business"?

CAR - Current Appointments Report.

Read the T1E guidance.

[LIZANAZ]

Hi dear,
I have transferred £35,000 from my personal account to Business account as investment. I took £9,200 as salary during this time and withdraw £3,674 for expenses. Can I count £35,000 as my final investment? Or Have I to deduct salary and withdraw from the investment?

Thanks

[zimba]

Hi dear,
I have transferred £35,000 from my personal account to Business account as investment. I took £9,200 as salary during this time and withdraw £3,674 for expenses. Can I count £35,000 as my final investment? Or Have I to deduct salary and withdraw from the investment?

Thanks

Please share the reason why your application was refused for extension.
Also you cannot pay salary to yourself from your investment as it will not be counted for award of points.

[helpingperson]

He already invested £58K with partner, if he has evidence that should suffice? (in other words what does 'under your name' mean with a partner?)

You need to demonstrate that you personally invested min 50K in a business if you are applying on your own. You can only share the investment with someone if he/she is your team member and you both had access to the funds.

Zimba pls rethink this.

This other person was (technically still is) his team member and they both had access to the funds and invested together as an entrepreneurial team. The other member is not extending but that has no relevance. It is each member being assess individually during extension. They may use the same evidence of investment/employee that is all

Think of it this way if the other member WAS extending would he be considered to have made £50K, yes, so what difference it that he is not extending or if he was and was rejected (for other reasons, e.g. no maintenance)

Zimba,

What is your final view on this as Seasky has got valid point about investment, if other partner is not applying for extension but they have invested together already, then should this not meet the requirement?

[LIZANAZ]

Dear all,

Ok, I have to invest at least £50,000 myself. But,

1) I have another used car dealer business with two other person (they are not my entrepreneur team). I already invest £22,000 by myself in this business. So, Can I use my two business's invest altogether to make £50,000.

2) I have total three full time employee in a business for which my team partner is not applying anymore & I refused. No employee in my used car dealer business.

So finally, may I use two business's invest as my altogether at least £50,000 investment and at least two employee from one business.

Thanks

[zimba]

You can claim points for any investment in a business in which you are or were a director as well as for the employments created.
Given that you are not providing any details of why your extension application was refused, we cannot really help

[LIZANAZ]

Hi dear,

The reason for refusal was:

1) We submit 15 months bank statement mistakenly that shows £37,000 invest by both of us. Though we had 2 & half months bank statement and £58,000 investment. We didn't take it seriously that submitting bank statement is mandatory as we submit accountant letter, invest schedule, loan agreement, management accounts, un-audited accounts.

2) We Submit RTI submission that doesn't contains employee's start date. But we submit payslip, P32, P45, P60, C600, Employee Payment Submission, RTI Payment submission.