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Tier 1 Entrepreneur Admin Review - Decision overturned!

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

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raj.m
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Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Sat Jun 18, 2016 9:42 am

Hi everyone! I just received my visa approval letter by post.
Visa applied for - Tier 1 entrepreneur extension (50K)
Visa expiry date - 08 April 2015
Applied on - 16 March 2015
Application rejected on - 09 May 2015
Applied for AR - 20 May 2015
Decision date for AR - 16 May 2015
Decision letter received on - 17 MAy 2015
Now the reasons why my application was rejected:
Reason 1
Applicant is engaged in business activity at the time of application
Points awarded 0

You have stated that you are currently the Director of a UK company. You have provided a Companies House Current Appointments Report for xxxx ltd dated 05 November 2012.

From this evidence, however we are not satisfied that on a date falling within three months prior to the date of your application, you were registered with Companies House as a director of a new or an existing business.

Reason 2
Creation of jobs in the UK
points awarded 0

You have claimed points on the basis that you have created the equivalent of two new full-time paid jobs for people settled in the UK and that these jobs have each existed for at least 12 months.

As evidence of this, you have supplied: Identity documents, accountants letter, wage slips, p11, p45 and p60 documents, companies house filing history and RTI submission logs.

Paragraph 46-SD(h) of Appendix A of the immigration rules lists the specificed that is required to demonstrate the creation of jobs.

The evidence that you have submitted above is not acceptable because the submission logs supplied do not meet the requirement at 46-SD (h) (i) because we require RTI submissions for each employee for each month of employment showing PAYE.

We have therefore been unable to award points for Attirbutes in accordance with Appendix A.

Now what happened actually was I sent them CAR from 2012 as well as 2015 but they completely overlooked the 2015 one. So they were wrong there for sure.

About FPS, I was under the impression that FPS receipts was everything they needed. So I only sent them FPS receipts and not the actual FPS report. So I was wrong there but I sent them other documents such as P11, P32, P45, P60, wage slips which covered the same information that FPS covered.

When I received my visa rejection letter, everyone said it's my fault and that I should have hired a solicitor and shouldn't have applied on my own. I went to see 7 to 8 different solicitors after that so that I can proceed with my AR and/or a fresh application. I hired a solicitor in Bedford and decided to go for AR first. However, when he wrote my arguments for AR, I wasn't satisfied, so I told him he can keep the fees I've paid him, I don't want a refund and told him that I will be going for AR on my own. Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

The reason why I shared my story is most people including myself until I received my letter this morning believe that HO hardly overturns their decision at the AR stage. I am going to share with you guys why I wrote in my AR in the next post.

Thanks so much to all the members here who helped me on this forum, especially Zimba88, Khan Friends and Humv!

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by raj.m » Sat Jun 18, 2016 9:43 am

My arguments in my AR
failed to apply the Secretary of State’s relevant published policy and guidance

These details are important because they will help us to review your application. I note that a failure to provide a Companies House Current Appointments Report for xxx Ltd dated within three months of the application is listed as one of the two reasons for refusal of my application. I submitted two Companies House Current Appointments Reports for xxx Ltd in my application - 1) the Companies House Current Appointments Report dated 05 November 2012, AND 2) the Companies House Current Appointments Report dated 14 March 2016. However, the case working team has made an error and has overlooked the Companies House Current Appointments Report for xxx Ltd dated 14 March 2016. I request you to refer to page one of the cover letter submitted in support of my application in which I listed ALL the documents sent and amongst others also included 'Current Appointments Report including the filing history page (14/03/2016)'. I believe that non-consideration of Current Appointments Report dated 14 March 2016 has also resulted in incorrectand improper application of Paragraph 245AA of the Immigration Rules to my application. I kindly request you to review your decision by considering the Companies House Current Appointments Report dated 14 March 2016 for xxx Ltd, which is in possession of the Secretary of State currently.
applied the Immigration Rules incorrectly

These details are important because they will help us to review your application. I note that non acceptance of the RTI Submission logs supplied is listed as the reason for refusal, in addition to a failure to provide a Companies House Current Appointments Report for xxx Ltd dated within three months of the application . Monthly RTI Submission logs that I supplied show correlationID, submission date and time, and confirmation that the full payment submission was successful, which clearly demonstrates that I was reporting PAYE appropriately to HMRC, and I feel that I should have been given an opportunity to provide the missing information in relation to the RTI submissions, in line with Paragraph 245AA(b) of the Immigration Rules. Moreover, the missing information is verifiable from P11 deduction cards of both employees and other evidences such as P32, payment summary part 1 and part 2, and wage slips that I provided in support of my application, and I believe that the case working team should have considered my circumstances in light of the Paragraph 245AA(d)(iii) of the Immigration Rules.

I also request you to consider that the Companies House Current Appointments Report dated 14 March 2016 that I submitted with my application was overlooked by the case working team, and had this not been the case, I feel I would have been provided with an opportunity to submit the missing information in relation to the RTI submissions in line with the Paragraph 245AA of the Immigration Rules. I feel that the common law duty of acting fairly in the decision making process as well as Paragraph 245AA of the Immigration Rules have not been applied correctly, and that I have been treated unfairly by the refusal of my application for further leave to remain.

I respectfully submit that the decision to refuse my application for further leave to remain is erroneous as the Secretary of State has failed to adhere to the provisions of the Immigration Rules as well as her own published policy guidance with respect to the principle of Evidential Flexibility. I kindly request you to review your decision and grant me further leave to remain or provide me with an opportunity to submit missing information in line with the Paragraph 245AA of the Immigration Rules.
Last edited by raj.m on Sat Jun 18, 2016 9:51 am, edited 3 times in total.

helpingperson
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by helpingperson » Sat Jun 18, 2016 10:01 am

Congratulations Raj.

Dangerous Dragon
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by Dangerous Dragon » Sat Jun 18, 2016 10:17 am

Congrats raj.m

hulkboy1379
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by hulkboy1379 » Sat Jun 18, 2016 10:26 am

raj.m wrote:Hi everyone! I just received my visa approval letter by post.
Visa applied for - Tier 1 entrepreneur extension (50K)
Visa expiry date - 08 April 2015
Applied on - 16 March 2015
Application rejected on - 09 May 2015
Applied for AR - 20 May 2015
Decision date for AR - 16 May 2015
Decision letter received on - 17 MAy 2015
Now the reasons why my application was rejected:
Reason 1
Applicant is engaged in business activity at the time of application
Points awarded 0

You have stated that you are currently the Director of a UK company. You have provided a Companies House Current Appointments Report for xxxx ltd dated 05 November 2012.

From this evidence, however we are not satisfied that on a date falling within three months prior to the date of your application, you were registered with Companies House as a director of a new or an existing business.

Reason 2
Creation of jobs in the UK
points awarded 0

You have claimed points on the basis that you have created the equivalent of two new full-time paid jobs for people settled in the UK and that these jobs have each existed for at least 12 months.

As evidence of this, you have supplied: Identity documents, accountants letter, wage slips, p11, p45 and p60 documents, companies house filing history and RTI submission logs.

Paragraph 46-SD(h) of Appendix A of the immigration rules lists the specificed that is required to demonstrate the creation of jobs.

The evidence that you have submitted above is not acceptable because the submission logs supplied do not meet the requirement at 46-SD (h) (i) because we require RTI submissions for each employee for each month of employment showing PAYE.

We have therefore been unable to award points for Attirbutes in accordance with Appendix A.

Now what happened actually was I sent them CAR from 2012 as well as 2015 but they completely overlooked the 2015 one. So they were wrong there for sure.

About FPS, I was under the impression that FPS receipts was everything they needed. So I only sent them FPS receipts and not the actual FPS report. So I was wrong there but I sent them other documents such as P11, P32, P45, P60, wage slips which covered the same information that FPS covered.

When I received my visa rejection letter, everyone said it's my fault and that I should have hired a solicitor and shouldn't have applied on my own. I went to see 7 to 8 different solicitors after that so that I can proceed with my AR and/or a fresh application. I hired a solicitor in Bedford and decided to go for AR first. However, when he wrote my arguments for AR, I wasn't satisfied, so I told him he can keep the fees I've paid him, I don't want a refund and told him that I will be going for AR on my own. Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.

The reason why I shared my story is most people including myself until I received my letter this morning believe that HO hardly overturns their decision at the AR stage. I am going to share with you guys why I wrote in my AR in the next post.

Thanks so much to all the members here who helped me on this forum, especially Zimba88, Khan Friends and Humv!
Hi Thanks a lot for the info, can you please let me know whether your business is in profit or loss

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by raj.m » Sat Jun 18, 2016 10:36 am

Thank you Helping Person, Dangerous Dragon.

@hulkboy1379, my business is in profit but there is no such requirement that the business has to be in profit.

business genius
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by business genius » Sat Jun 18, 2016 10:43 am

Congratulation!
Goodwork

suvalike
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Re: Tier 1 Entrepreneur Admin Review - Decision OVERTURNED!

Post by suvalike » Sat Jun 18, 2016 12:39 pm

Congratulations Buddyyyyy :)

noajthan
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by noajthan » Sat Jun 18, 2016 12:59 pm

An inspiring post.

This success clearly validates the merit of AR refusals as well as this AR success.
If rules/regulations are complied with the appropriate decision will be reached, impartially and dispassionately.

Good to know that justice prevails and that the process is applied firmly but fairly to all.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Sat Jun 18, 2016 2:08 pm

Correction

I got a bit excited and got the dates wrong. Every place where I typed 2015, it's meant to be 2016

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Sat Jun 18, 2016 2:08 pm

Thank you Business Genius and Suvalike

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Sat Jun 18, 2016 2:11 pm

noajthan wrote:An inspiring post.

This success clearly validates the merit of AR refusals as well as this AR success.
If rules/regulations are complied with the appropriate decision will be reached, impartially and dispassionately.

Good to know that justice prevails and that the process is applied firmly but fairly to all.
I was pleasantly surprised myself because everyone told me that AR was a waste of time. Not even a single person told me it was a good idea to apply for AR. Everyone just told me to go for fresh application.

It also shows that FPS although is a mandatory document and must be submitted but in its absence, HO can exceptionally consider other documents such as P11, P60, P45, P32, wage slips, etc if it provides the exact same information.

sm12
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by sm12 » Sat Jun 18, 2016 2:34 pm

Raj, great news!
Congratulations!

noajthan
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by noajthan » Sat Jun 18, 2016 2:40 pm

raj.m wrote:When I received my visa rejection letter, everyone said it's my fault and that I should have hired a solicitor and shouldn't have applied on my own. I went to see 7 to 8 different solicitors after that so that I can proceed with my AR and/or a fresh application. I hired a solicitor in Bedford and decided to go for AR first. However, when he wrote my arguments for AR, I wasn't satisfied, so I told him he can keep the fees I've paid him, I don't want a refund and told him that I will be going for AR on my own. Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.
Fortunately you did not utilise legal representation.
Otherwise the Board would be overwhelmed by requests for details of the hot-shot lawyer.

Takeaway: careful and intelligent preparation, plus understanding of guidelines, plus unimpeachable evidence (based on unimpeachable business practice) is paramount.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Mrchaany
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by Mrchaany » Sat Jun 18, 2016 7:44 pm

congratulation,

i am very happy that your AR succeeded, i agreed that our initial response was not good for your at AR Process. but you proved us wrong, i thing you are the first person who got his extension AR succeeded. i am happy that you also overturned solicitors advise as well.

Regards
I K
Strong commitment, extreme faith and honesty will recognize your existence.

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zimba
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by zimba » Sun Jun 19, 2016 2:39 am

Congratulations. I am quite impressed by they way you presented your case based on the immigration rules. Very well done :D
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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aby00156
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by aby00156 » Mon Jun 20, 2016 10:14 am

Well done raj.m

Your efforts makes it clear that people can be considered if they submit documents other than FPS.
The advise given to you was solely based on the net failure being reported on this forum.

Your effort is commendable. Congrats for the success.
So verily, with every difficulty, there is relief.

samaygrg
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by samaygrg » Mon Jun 20, 2016 12:23 pm

Congratulations!!!! that's really a great news.

28daysgrace
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by 28daysgrace » Mon Jun 20, 2016 4:27 pm

raj.m wrote:Hi everyone! I just received my visa approval letter by post.

Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.
Dear Raj,

First of all congratulations on this. I'm sure seeing a positive side of HO is pretty promising here for everyone.

Couple of questions though :

1. Would you be so kind to share your wording for the letter you sent to HO for AR ?

2. Did you send the actual FPS report with your application for AR or you just explained that the data is already mentioned in the payslips so they can refer to payslips instead of FPS reports ?

Regards

JamesBlack
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by JamesBlack » Tue Jun 21, 2016 11:29 am

Many congrats
Well done the way you represented your case with simplicity in relevance to the immigration rules.

Could you please kindly share the timeline again

I know you corrected its 2016

But date of applying AR
And decision date date of AR needs a correction

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Tue Jun 21, 2016 11:59 am

JamesBlack wrote:Many congrats
Well done the way you represented your case with simplicity in relevance to the immigration rules.

Could you please kindly share the timeline again

I know you corrected its 2016

But date of applying AR
And decision date date of AR needs a correction
Thanks so much! Yea, I know it's meant to be June but it's not allowing me to edit the post. I had just woken up when I received the visa letter and in excitement, didn't even realise I wrote wrong dates

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Tue Jun 21, 2016 12:00 pm

28daysgrace wrote:
raj.m wrote:Hi everyone! I just received my visa approval letter by post.

Even he thought I was crazy. But yes, I wrote my own arguments for my AR and the HO overturned the decision.
Dear Raj,

First of all congratulations on this. I'm sure seeing a positive side of HO is pretty promising here for everyone.

Couple of questions though :

1. Would you be so kind to share your wording for the letter you sent to HO for AR ?

2. Did you send the actual FPS report with your application for AR or you just explained that the data is already mentioned in the payslips so they can refer to payslips instead of FPS reports ?

Regards
1. I've already posted the content that I sent in my AR.
2. No, I didn't as you have to fill out the AR form online and you are not allowed to send any additional documents. It's all done online.

raj.m
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by raj.m » Tue Jun 21, 2016 12:01 pm

zimba88 wrote:Congratulations. I am quite impressed by they way you presented your case based on the immigration rules. Very well done :D
Thank you :D

Celina
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by Celina » Tue Jun 21, 2016 11:32 pm

Congrats Raj.m

That's really a great achievement.

Regards
Celina .

aniz
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Re: Tier 1 Entrepreneur Admin Review - Decision overturned!

Post by aniz » Thu Jun 23, 2016 12:12 pm

dear moderators,

i am in a similar position i am fighting judicial review. i request the moderators to allow me to contact raj to get his decision details as i feel it will be helpfull in strengthening my case. i humbly request u to consider it as my 10 is due this august and my visa got rejected in may 2016. kindly do help me as i have invested more than 230k in this country. is there a way to get contact of this gentleman
aniz

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