Tier 1 Entrepreneur Application Refusal - Advice Needed

[Kieranpow]

Hi All,

I got refused a visa today for tier 1 entrepreneur initial application (applying outside the UK). I scored 95/95 for points but was refused under 245DB(f) and (i) of the immigration rules as follows:

1. At interview you stated expected turn over of £x but your forecasts show turnover of £y. This discrepancy remains unresolved and undermines the credibility.
I misunderstood the question and discussed the expenses instead of turnover. The discrepancy does not remain unresolved because if you study the financial forecasts you can see the sum of money matches the forecasted expenses not the forecasted turnover. So whilst it was an error on my behalf, the discrepancy can be explained if the forecasts are reviewed in detail.

2. Your business plan also estimates that in your first month of arrival in the UK, you will generate revenue of £xxx. You were asked at interview to explain how that would be possible. You were unable to provide explanation only stating, 'That revenue will cover my salary.'
This is not true. Whilst i stated the revenue will cover my salary, i noted how that was calculated. Eg: x amount of days charging y per day. This is also further explained in my business plan where i demonstrated average salaries in the UK for my type of consulting work.

Overall, your responses lacked credibility.
If my responses lacked credibility, why did they only refuse based on the points they mentioned?


I have thought about requesting an administrative review but think it would be better if I did a fresh application and submitted the same documents and then when I have the interview, to make the interviewee read back the responses they have typed. I was also thinking of a covering letter on my fresh application explaining the points of refusal and how the answers where given and can also be found in my business plan.

Any advice would be greatly appreciated.

[hina_pirzada]

Sorry to hear about your refusal. But unfortunately you are not eligible for appeal. If u got full points my advise is to go in Admin Review where you can explain the reasons. They took the interview because they can easily find a way to refuse the people on silly reasons. They can't judge the credibility and viability of the business because they are not a business personals.

When i applied my initial application from inside the UK in 2013. I got refusal on the same issues. I attended the interview and in the interview they ask the same questions as you were asked. Even I was not awarded the investment point. Fortunately on that time there was a right of appeal for in-country applications and finally I won the case in the court.

In your case you have awarded all points its better if you file fresh application and clear the points they asked at the time of interview.

Best of Luck.

[Kieranpow]

Thanks for the reply. I have already started a new application as i emailed UKVI and they responded that you can reapply immediately.

Fingers crossed!

[Kieranpow]

Sorry to hear about your refusal. But unfortunately you are not eligible for appeal. If u got full points my advise is to go in Admin Review where you can explain the reasons. They took the interview because they can easily find a way to refuse the people on silly reasons. They can't judge the credibility and viability of the business because they are not a business personals.

When i applied my initial application from inside the UK in 2013. I got refusal on the same issues. I attended the interview and in the interview they ask the same questions as you were asked. Even I was not awarded the investment point. Fortunately on that time there was a right of appeal for in-country applications and finally I won the case in the court.

In your case you have awarded all points its better if you file fresh application and clear the points they asked at the time of interview.

Best of Luck.

Sorry to reply again but you said if i got full points your advise is to do admin review but then you also say its better if i file fresh application?

Which one do you think is better? admin review or fresh application?

[cappachino]

Go for Admin Review first.

[zimba]

There is genuine test that you must pass as well as getting all the points. Making claims such as "I will make money in the first month in the UK" for someone who is outside the UK means that you are pretty much delusional. These kind of claims make you look not so credible at all. AR will also not gonna help you as UKVI made no administrative error on your application

[noajthan]

And if contracting how many clients do you propose to service?
You can't work for one client as a proxy employee on a T1 gig.

[Kieranpow]

There is genuine test that you must pass as well as getting all the points. Making claims such as "I will make money in the first month in the UK" for someone who is outside the UK means that you are pretty much delusional. These kind of claims make you look not so credible at all. AR will also not gonna help you as UKVI made no administrative error on your application

Yes. I agree. Whilst I obviously disagree with the decision. UKVI applied the law correctly.

I think it is important to understand that I worked in the UK up until 2016 as a freelance consultant so have connections. I wanted to make the step from being a sole trader to a small business. But I take your point that it is perhaps unrealistic to be earning income immediately

[Kieranpow]

And if contracting how many clients do you propose to service?
You can't work for one client as a proxy employee on a T1 gig.

My financial forecasts allowed for 3 full time people (myself as director and 2 full time employees). My understanding of the rules was that the investment can't be used to pay your own salary, so I would have to do consulting work to pay my salary whilst the investment was used to pay other salaries and overhead until the business began bringing in clients.