My 2nd extension application

[Aab1988]

Hi
My 1st tier application ext and admin review got refused I have applied for 2nd application 2 weeks ago

Need your advice I was awarded only 20 points which was for maintaince and English.


1) when I entered Uk I immediately got registered as a director within 6 months but I resigned after running the company for more than a year?do we have to continue to be a director till Entention or we can resign ?

2) one of my full time employee went on maternity leave after almost 10 months it's been more than 3 months she is on leave will that be counted as a full 12months job or only 10 months?

In my first application I was refused because I didn't submitted documents which Home Office requires like Fps etc. Urgent help would be appreciated.

[Aab1988]

SORry I was forgot to mention that company I was registered a director with in 6months and I resigned after more than a year is not active anymore I think as the new owner ran the company for 1year or so and has closed a company will that be a problem and HO in their guidlance say they want Current Appoijtment report of a company you were registered within 6 month and needs to be actively trading.

[zimba]

1) when I entered Uk I immediately got registered as a director within 6 months but I resigned after running the company for more than a year?do we have to continue to be a director till Entention or we can resign ?

You need to register within 6 months but you can move on to another venture (However you need to submit the evidence that you did register within the 6 months). You must also be registered within the 90 days before you apply for extension. The rule of thumb is that you need to be actively engaged in business at all times.

2) one of my full time employee went on maternity leave after almost 10 months it's been more than 3 months she is on leave will that be counted as a full 12months job or only 10 months?

The immigration rules do not cover this for Tier 1E. If the employee was eligible for Statutory Maternity Pay (SMP) you might be able to claim the period as paid work.

In my first application I was refused because I didn't submitted documents which Home Office requires like Fps etc. Urgent help would be appreciated.

Many topics covering these on the forum. You should have consulted here before applying to make sure everything is in order. Now is a bit late, no ??

[Aab1988]

Thanks Zimba for you reply

I was registered with in 6months for the evidence of this I have sent them company house filling history page Only as solicitor didn't let me send current appointment report will it be a problem as he adviced me
as home office only needs company filling history page not current appointment Report as you are no longer director of that company? Is evidence engough to satisfy Ho Please advice me Zimba as I don't trust solicitor advice

2) I spoke to the solicitor regarding employments he said what you just said about maternity leave But he also said I got
2 part times working for 18 months for 30 hours or more and staff on maternity leave has worked for 9 months full time so I am covered with some pretranstional agreement aswell even if Ho doesn't count maternity leave that's more that 2 year employment is he right here?

3) last question and very important question as i was refused on the basis of investment I made some mistake in investment and I had to reinvest in the New company which was actively trading but with very few transactions can that be a problem? Is there any time limit to invest ??also now I have made quite a few transactions after I submitted my 2nd application can I send them the latest bank statement, invoice etc to be on the safe side?

Please advise me as this is my 2nd application Ext application I don't want it to get refused.

[zimba]

I was registered with in 6months for the evidence of this I have sent them company house filling history page Only as solicitor didn't let me send current appointment report will it be a problem as he adviced me
as home office only needs company filling history page not current appointment Report as you are no longer director of that company? Is evidence engough to satisfy Ho

Current appointment report + filing history required as per rules. The standard online report excludes Resigned officers. So you must have asked the companies house to add 'Resigned officers' to the report too (which shows your name)

Please advice me Zimba as I don't trust solicitor advice

You do not trust them but you use them

2) I spoke to the solicitor regarding employments he said what you just said about maternity leave But he also said I got
2 part times working for 18 months for 30 hours or more and staff on maternity leave has worked for 9 months full time so I am covered with some pretranstional agreement aswell even if Ho doesn't count maternity leave that's more that 2 year employment is he right here?

Yes, if you have 30 hours a week for 18 months then you score 18 months of full time.

3) last question and very important question as i was refused on the basis of investment I made some mistake in investment and I had to reinvest in the New company which was actively trading but with very few transactions can that be a problem? Is there any time limit to invest ??also now I have made quite a few transactions after I submitted my 2nd application can I send them the latest bank statement, invoice etc to be on the safe side?

No limit but could be questioned by HO. No need to send extra irrelevant stuff if you submitted all the required documents

[Aab1988]

Thanks Zimba I am using the solicitor because I am stuck here if I knew about this website before I would never have used the solicitor.

Do you suggest me to send CAR now to them?

Once again thanks for you help

[zimba]

Do you suggest me to send CAR now to them?

No harm in trying

[Jazz2007]

Do you suggest me to send CAR now to them?

No harm in trying

And try ASAP

[Aab1988]

Thanks Zimba and Syed I spoke to my solicitor today he said come next week and we will send CAR for as a evidence you were registered as a director with in 6 months as I am no longer a director of that company Zimba as you said if you resign it's not a problem but my concern is I don't think so company is active anymore can that be a problem my solicitor was reading the guideline he said company is not active anymore to HO might raise an issue but I believe that it's up to the new owner what he does as I was registered as a director with in 6months so it's shouldn't be a problem . Please Zimba I need your help as mentioned before I don't trust solicitor anymore

Thanks once again in advance

[zimba]

Your solicitor is telling you a load of nonsense. Get the CAR as I told you and send it. It is not up to the solicitor to decide, the rules require it. There is nothing to raise an issue. You must send that document to score points.

[Aab1988]

Ok sure I will send it next week also when I see him next week as you have confirmed me I will mentioned to my solicitor that there is now law that company need to be active after 1.5 years after director have resigned i think solicitor knows nothing about the tier1 looks like he is applying extension for the first time.

Thanks

[Aab1988]

If tier 1 entrepreneur Extension is refused can we apply for tier 1 entrepreneur (Intial application which i applied from back home before) again from inside Uk I spoke to 3 solicitors TWO SOLICITORS told me yes you can apply from inside UK as long as u have the new funds are available for 90days or you have invested the funds in the last 12 months before the application you can apply and you applied fresh application with in 28days as HO ignores 28days they were very confident.

THIRD solicitor was not sure he said you have applied for the fresh extension application( my first extension application was refused) and you applied again within 28 days you are an overstayer he was 50 50.


Need an expert opinion here.

[noajthan]

If you have just failed to extend (or are about to fail) how do you suppose you would pass GET?

[Aab1988]

Yeah you are right that what I think but they said you will get it as you are a genuine entrepreneur your continuios leave will be broken but you will get it as you have made a mistake in investment.

[noajthan]

Posts merged.

[zimba]

For a fresh tier 1 initial, you need fresh investment if your investment was done more than 12 months ago.

[Aab1988]

Hi Zimba

Thanks for your reply I have recently made a fresh investment as I have discussed with you previously because I made some mistakes in investment and applied for fresh extension application still waiting for the decisions so investment is not the problem my corcern is it possible to apply for Intial tier 1 application from inside Uk ? My admin review was rejected then I applied with in 28days 2 solicitors told me it's possible one told me it's not possible as you are an overstayer so what do u think ?? Please give your expert advise as it will be a big help for so many ppl who are stuck like me . Please tell us if there are any other options as well to save our investment