Tier 1 Extension - Refusal + Next Steps

[fmonte]

Dear Zimba88 and forum members

I applied for my £200.000 visa extension on November 07 2016. All Evidence was supplied. Biometrics taken. Original visa expired 02/Dec 2016. No answer from home office yet.

Today I am reading immigration rules for the first time, and the investment will not apply if I buy shares from someone else, which was the case. A COMPLETE MISUNDERSTANDING ON MY PART.

I am devastated since It's my fault to wrongly interpret the guidance document.

Assuming I get a refusal letter soon, and that I invest tomorrow £200.000 in my company (the same one I acquired three years ago):

1. Is there any hope for me to make a case if I prove to be willing to repair this situation and invest directly now ?
2. If so, what would be the procedure ? A new application with a cover letter explaining what happened ?

PLEASE ADVICE, MANY THANKS

[Jazz2007]

"the investment will not apply if I buy shares from someone else, which was the case"

Can you elaborate this please?

[zimba]

It is absurd that you are reading the rules/guide after all this time ! I have to tell the applicants here (almost on daily basis ) to read the guide as some of them are on a path of having a very very expensive holiday in the UK. The fact that any money paid to previous owners will not count as investment has been in the guide since late 2014 (if I am not mistaken)

Technically your initial period is over and based on the rules, the investment must happen during your initial period of leave to score points.
Obviously if you paid money to acquire shares or buy the business from the previous owner, your investment will not be counted for award of points as you know. You are very likely to get a refusal. I am not very confident that such a mistake can be undone

[fmonte]

It is absurd that you are reading the rules/guide after all this time ! I have to tell the applicants here (almost on daily basis ) to read the guide as some of them are on a path of having a very very expensive holiday in the UK. The fact that any money paid to previous owners will not count as investment has been in the guide since late 2014 (if I am not mistaken)"

Thanks Zimba88 for your prompt reply.

I applied in July 2013 and got my entry clearance on August 05 2013.

Does this makes things different? (Guidance did not specify this condition)

Many thanks in advance

[CR001]

Tier 1 Ent Policy Guidance 04/2012 (click)

Tier1 Ent Policy Guidance 13 Feb 2012 (click)

UKBA Tier 1 Ent - Archived Content (click)

Tier 1 Ent -Addendum to Tier 1 Ent - 31 January 2013 (Click)

Statement of Change - Tier 1 Ent 31 January 2013 (Click)

Archive of ALL Statement of Change for various categories from 2013 and before (click)

[fmonte]

Many Thanks CR001!

The first rule where HO specifies the "payment to owner" exception is the one from 07/04/2014
(Paragraph 245D)
https://www.gov.uk/government/publicati ... 5-may-2014

Previous version did not specify exception
https://www.gov.uk/government/publicati ... april-2014

So, I still wonder is this is such exception did not apply before 06/04/2014. As I said, I invested several month before this date.

Many thanks in advance for any insight.

[zimba]

During extension, you will be subjected to the latest rules (unless stated otherwise) Stuff in the old guides and rules are not that important.
Purchasing a business or shares will not lead to any investment of your funds in your business at all. Technically you did not invest anything in your business and you cannot score points for it as the fund simply went to the previous owners. Rules were updated in 2014 to verbalise this obvious fact.