T1 50K extenstion application refused. AR given

[yawar]

Hi,
Today i received the refusal letter of my application. I am not awarded points for 50K investment. All other points are awarded. I applied as self-employed instead of the registering the company at my initial application. Following are the details

Applied on = 17th of June 2016
Biometric given= 8th of August.
Refusal letter printed on= 9th of August.

In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.
My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.
Secondly if AR is rejected then i have 28 days to put a fresh application?
Being self-employed is a tricky situation as rules are not very clear for them. But i did not take a risk to convert it into a company after my initial successful application.
Looking forward to hearing from you guys.

[zimba]

In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.

Yes, the unaudited accounts are required even it makes no sense for self-employed people. This is as I always said, the difference between what is acceptable in the world of business vs what is required by the immigration rules. Unfortunately you cannot add documents during AR.

My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.

Now you have 14 days to apply for AR and AR usually should take around 28 days or so.

Secondly if AR is rejected then i have 28 days to put a fresh application?

If your first application was an in-time application (you had valid visa when applied) then you get 28 days after your AR refusal date to apply for a fresh application.

[CR001]

AR would be pointless as HO does not appeared to have made an error.

[yawar]

In refusal the CW said that i did not submit the un-audited accounts (which i did not). As i was self-employed so i thought i need to submit Annual self-assessment reports. I consulted with my accountant at the time, but he said that un-audited accounts are only for those who have registered company. In my case i was registered self-employed. Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.

Yes, the unaudited accounts are required even it makes no sense for self-employed people. This is as I always said, the difference between what is acceptable in the world of business vs what is required by the immigration rules. Unfortunately you cannot add documents during AR.

My question is that how much time it takes for an Administrative review. Any one who submitted AR, can you please update that how much time it took to get the decision of AR.

Now you have 14 days to apply for AR and AR usually should take around 28 days or so.

Secondly if AR is rejected then i have 28 days to put a fresh application?

If your first application was an in-time application (you had valid visa when applied) then you get 28 days after your AR refusal date to apply for a fresh application.

Thank you very much for your reply. I agree with you that home office needs unaudited accounts irrespective of the fact that we have to provide yearly self-assessment report to HMRC instead of un-audited account which basically is the same thing. But HO will not accept yearly self-assessment reports.
Do we not have an option to send them documents in our AR apeal? My solicter said that when you apply for AR; you will have an option and address to post additional documents. I have not filed the AR yet as i am waiting for my accountant to make un-audited accounts for all three years and i will have them in couple of days time. But i don't have high hopes for decision in my favor but its worth a try i guess before i put a fresh application. Let's hope for the best.
Extension application was made in time so there won't be any problem applying after the AR decision.

[CR001]

Administrative Review is NOT the same as appeal. AR is for when HO has made an error etc in refusing an application.

[Casa]

As you've already been advised, you are unable to submit additional documents for an AR which were missing the original application. An AR only has a chance of succeeding if the Case Worker made an administrative error in the decision making. This doesn't appear to be the case here.

[yawar]

Administrative Review is NOT the same as appeal. AR is for when HO has made an error etc in refusing an application.

Thank you for your reply. I read the policy documents few times then but unaudited accounts were required where applicant had a registered company. I did not find this un-audited accounts requirement under the required documents for Self-employed applicants.
If i explain CW that Self-employed applicants don't make un-audited accounts as they are not required by law. Instead, they have to provide all that information in their yearly self-assessment report which i provided for all the required years. All the required information; assets, profits and loss and capital etc are filled in that yearly self-assessment report. Then hopefully he might consider this point. What is your opinion?

[Ams2013]

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

[helpingperson]

It is unfortunate.

Your accountant mis-advised you and resulted in this situation, you should ask him to put it right now for you.

Accountant said that if they need it in company un-audited accounts then he will make them to submit it with Administrative review.


You got refusal in short time, less than a month so may be HO are reviewing all applications but clearing those which can be refused easily.

[helpingperson]

Very strange they refused it after 1 day since you gave bio-metrics!

Biometric given= 8th of August.
Refusal letter printed on= 9th of August.

[yawar]

Very strange they refused it after 1 day since you gave bio-metrics!

Biometric given= 8th of August.
Refusal letter printed on= 9th of August.

Sorry Biomatric submitted on 8th of July instead of 8th of August.

[yawar]

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

[traymond]

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

Just to add a point.
Management account or unaudited account has to be certified by a qualified accountant otherwise the CW will reject. Ref. to Tier 1 (Entrepreneur)of the Points Based System –Policy Guidance page 44 - clause 137.

[Ams2013]

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.

[Ams2013]

Sorry to hear your decision.

As a Self Employed your self assessment represents just a confirmation of your personal income summary and it does not have Balance Sheet where you can proof how much you have invested in your business.
Although Self employed are not required to produce Un audited accounts but if they need to proof something from their Balance sheet item they should produce MANAGEMENT ACCOUNTS with profit and Loss summary and Balance sheet statement.

Hence you should have submitted the MANAGEMENT ACCOUNTS to proof your investment.

If you are going to re-apply again get the MANAGEMENT ACCOUNTS (For Self Employed Business & Limited Companies) instead of Unaudited Accounts ( For Limited Companies only )

Thank you Ams2013. My accountant did provide balance sheet and profit and loss statement. On top of that i added Statement of Capital Investment which he said is used for self-employed individual. But CW did acknowledge that i submitted balance sheets but failed to provide un-audited accounts.

Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.

[yawar]

[/quote]


Then if all those Profit & Loss and Balance Sheet (Which are Management Accounts in fact) are being prepared by Certified Accountant with his letter ( Management Account Compliation letter) then you should argue them in your AR as you have provided the specific documents required for Investment proof.[/quote]

Yes that's what i am planning to do. One last thing; I have been given 14 calender days to apply for an AR. Does that means 14 working days or 14 days in total including weekend?

[Casa]

Calendar days include weekends...not only working days

[yawar]

Calendar days include weekends...not only working days

Thank you for clearing it. Your help and all other member's help is much appreciated.

[Mrchaany]

Sorry for your refusal,
We tried a lot to inform users about the importance of unaudited account (annual accounts) where applicant name
Must be there along with business statements with director loan.
If you arrange these thing reapply as soon as possible with an
Accountant help