Tier 1 Entrepreneur Extension Refused after one Year

[suvalike]

My Tier 1 Entrepreneur Extension application Refused .I applied on MARCH 2016 and got the letter yesterday.

NON-POINTS SCORING REASONS FOR REFUSAL :

Secretary of state is not satisfied on the base of probabilities that:

You have established,taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business;

You intend to cont. operating one or more business in the UK.

Then it lists the evidences i submitted and later it details the reasons for rejection as below:

1: When you were asked at interview about what contracts you currently have, you stated "We have 3 clients on permanent basis A ltd, B ltd and C ltd."

The permanent clients contracts are not provided as you said during the interview that you have three permanent clients.One of the clients company was dissolved too (we were not asked to provide the contracts neither after or during interview nor it was in the immigration requirements)

2:Company Business bank statements does not corroborate with the Company Turn over figures as in the accounts stated.(Because i only provided the statements for the investment covering period instead of the whole three years)

3:Business is in the London (Virtual office)and have two Employee's,Its questionable why you would employ two full time staff and not have premises from where they would work. (They were working from home and sometime we hired the desk whenever needed)

4: Your Employee have the permanent address outside of London as it was on the payslips so its not plausible that your staff would be working from London address for such a long time.(I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address)

Based on the above considerations the secretary of state is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(K) when assessing , on the balance of probabilities , the points listed at paragraph 245DD(I) of the immigration rules.

Note: I have been awarded all the 95 points though but still got the refusal.


Please can you advise me now the next course of actions and how can i justify the refusal points.

what are the options left for me now.

Thanks

[ishfaqsangra]

I think your case is,one of the fews,rejected on the basis of genuinness.
Did you ever confirm employees addresses?

[samaygrg]

In AR you can explain rigorously why those circumstances were there as you have mentioned in here.

[Mrchaany]

I got visa lucky but they asked me every document during interviews I have provided

[zimba]

It seems that you were unable to answer properly during the interview and were completely unprepared to justify the business decisions you made.

Why a client's company is dissolved ? That is very questionable.
Why didn't you properly argue that your business does NOT require a premises, like a London office is quite expensive and it is not currently financially viable for my start up or I hire rooms for my meetings instead or my employees asked for flexible working conditions at home as they have family, live ther other side of the city, etc

I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address

This sentence really makes no sense !

[ishfaqsangra]

Following this refusal,I think sumitting copy of the contracts and business bank statements is not a bad option?

[hina_pirzada]

Hi How they know you have virtual office? did u ask at time of Interview? and what kind of business are you doing???

[zimba]

Following this refusal,I think sumitting copy of the contracts and business bank statements is not a bad option?

Not really. There were certainly obvious red flags in the above application that made HO quite suspicious of the applicant business activity. Sending extra documents does NOT make you genuine, it could even compel them to investigate your business even further. There is no hard and fast rule here.
I am not sure what kind of business activity the OP is engaged in but you must remember that under Tier 1E, every application is UNIQUE and decided on its OWN MERITS.
Always remember hundreds of applicants who got approval without questioning or sending extra documents

[cappachino]

Following this refusal,I think sumitting copy of the contracts and business bank statements is not a bad option?

Not really. There were certainly obvious red flags in the above application that made HO quite suspicious of the applicant business activity. Sending extra documents does NOT make you genuine, it could even compel them to investigate your business even further. There is no hard and fast rule here.
I am not sure what kind of business activity the OP is engaged in but you must remember that under Tier 1E, every application is UNIQUE and decided on its OWN MERITS.
Always remember hundreds of applicants who got approval without questioning or sending extra documents

In my case I provided 3 years bank statement
But don't think they looked at the entire 3 years
Maximum they looked at was 3 months.

[awan905]

Sorry about this and if you dont mind can you let us know what business are you doing? because having a virtual office is not a problem, however there is some thing else in your business especially in annual accounts and banking statement which lead the HO to make this decision.

[cappachino]

Sorry about this and if you dont mind can you let us know what business are you doing? because having a virtual office is not a problem, however there is some thing else in your business especially in annual accounts and banking statement which lead the HO to make this decision.

I agree with awan905
It has to be other things that must have raised the red flag.

[zimba]

I also believe that the nature and the level of of his business activity is an important factor to know here.
The OP has not visited since posting. Let's see what he says when he comes back.

[sm12]

Very sorry to hear about the refusal.

Were you questioned as to why you had a virtual office? What answer did you provide to justify your decision? It's quite common in London for businesses to have a virtual address due to concerns over the costs of renting/leasing in the capital, so the Home Office should not use this reason to question the genuineness of your business.
Are you applying for AR?
You can explain that you were not asked for the documents listed in the letter and that you can provide the documents if required.

[samaygrg]

Sorry about this and if you dont mind can you let us know what business are you doing? because having a virtual office is not a problem, however there is some thing else in your business especially in annual accounts and banking statement which lead the HO to make this decision.

Agreed with awan905, zimba88 and cappachino. Having VO is indeed a good business strategy if the nature of the business fits with that.

[sameerb]

was it £50,000 or £200,000?

[suvalike]

I think your case is,one of the fews,rejected on the basis of genuinness.
Did you ever confirm employees addresses?

No i did not confirm the addresses ...There was no requirement for that to send any thing apart from thier payslips which have their permanent addresses

[suvalike]

In AR you can explain rigorously why those circumstances were there as you have mentioned in here.

The problem is there is limitation of 1000 words maximum in the AR so i can not explain them everything fully.

[suvalike]

I got visa lucky but they asked me every document during interviews I have provided

Did you provide the additional documents during the interview ...that is what you mean ?

[suvalike]

It seems that you were unable to answer properly during the interview and were completely unprepared to justify the business decisions you made. I was a bit nervous in the interview

Why a client's company is dissolved ? That is very questionable. It was their mistake.They searched the wrong company with spelling mistake So it was type mistake from the interviewer who put the i instead of e and made a different company

Why didn't you properly argue that your business does NOT require a premises, like a London office is quite expensive and it is not currently financially viable for my start up or I hire rooms for my meetings instead or my employees asked for flexible working conditions at home as they have family, live ther other side of the city, etc i wish i could have said like this ....But now i want to in the AR.

I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address

This sentence really makes no sense !

[suvalike]

Following this refusal,I think sumitting copy of the contracts and business bank statements is not a bad option?

Not really. There were certainly obvious red flags in the above application that made HO quite suspicious of the applicant business activity. Sending extra documents does NOT make you genuine, it could even compel them to investigate your business even further. There is no hard and fast rule here.
I am not sure what kind of business activity the OP is engaged in but you must remember that under Tier 1E, every application is UNIQUE and decided on its OWN MERITS.
Always remember hundreds of applicants who got approval without questioning or sending extra documents

In my case I provided 3 years bank statement
But don't think they looked at the entire 3 years
Maximum they looked at was 3 months.

I only provided those statements which reflected the investment transactions and that was the requirement too. They never asked me for further statements...They said my turn over for three years was not corroborating with the statements because they did not have all the full three years statements.
CW also said "The accounts you have sent to us have not been audited by your accountant as they are unaudited management accounts, and you accountant also confirmed they have not verified the accuracy of your accounting records." Can someone please clarify what it means by....Accounts are always un-audited (below the 5 million threshold turn over) and my accountant also never said anything like this.

[suvalike]

Sorry about this and if you dont mind can you let us know what business are you doing? because having a virtual office is not a problem, however there is some thing else in your business especially in annual accounts and banking statement which lead the HO to make this decision.

My business nature is providing IT services .Banking statements and annual accounts are corroborating with each other. The only issue is the CW could not cross check the turn over figures with bank statements because i did only provide few statements which were required as per immigration law to prove the investment transactions instead of the whole three years.

Nether they requested me for addition statments...So please advise what should i say to them about this point.Thx

[suvalike]

Very sorry to hear about the refusal.

Were you questioned as to why you had a virtual office? What answer did you provide to justify your decision? It's quite common in London for businesses to have a virtual address due to concerns over the costs of renting/leasing in the capital, so the Home Office should not use this reason to question the genuineness of your business.
Are you applying for AR?
You can explain that you were not asked for the documents listed in the letter and that you can provide the documents if required.

Yes i will go for AR and there is no any other option.

[suvalike]

was it £50,000 or £200,000?

it was £50,000

[suvalike]

My Tier 1 Entrepreneur Extension application Refused .I applied on MARCH 2016 and got the letter yesterday.

NON-POINTS SCORING REASONS FOR REFUSAL :

Secretary of state is not satisfied on the base of probabilities that:

You have established,taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business;

You intend to cont. operating one or more business in the UK.

Then it lists the evidences i submitted and later it details the reasons for rejection as below:

1: When you were asked at interview about what contracts you currently have, you stated "We have 3 clients on permanent basis A ltd, B ltd and C ltd."

The permanent clients contracts are not provided as you said during the interview that you have three permanent clients.One of the clients company was dissolved too (we were not asked to provide the contracts neither after or during interview nor it was in the immigration requirements)

2:Company Business bank statements does not corroborate with the Company Turn over figures as in the accounts stated.(Because i only provided the statements for the investment covering period instead of the whole three years)

3:Business is in the London (Virtual office)and have two Employee's,Its questionable why you would employ two full time staff and not have premises from where they would work. (They were working from home and sometime we hired the desk whenever needed)

4: Your Employee have the permanent address outside of London as it was on the payslips so its not plausible that your staff would be working from London address for such a long time.(I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address)

Based on the above considerations the secretary of state is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(K) when assessing , on the balance of probabilities , the points listed at paragraph 245DD(I) of the immigration rules.

Note: I have been awarded all the 95 points though but still got the refusal.


Please can you advise me now the next course of actions and how can i justify the refusal points.

what are the options left for me now.

Thanks

Hi guys,

Please advise me should i apply for AR myself or should i go through via solicitor. Thanks

[suvalike]

My Tier 1 Entrepreneur Extension application Refused .I applied on MARCH 2016 and got the letter yesterday.

NON-POINTS SCORING REASONS FOR REFUSAL :

Secretary of state is not satisfied on the base of probabilities that:

You have established,taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business;

You intend to cont. operating one or more business in the UK.

Then it lists the evidences i submitted and later it details the reasons for rejection as below:

1: When you were asked at interview about what contracts you currently have, you stated "We have 3 clients on permanent basis A ltd, B ltd and C ltd."

The permanent clients contracts are not provided as you said during the interview that you have three permanent clients.One of the clients company was dissolved too (we were not asked to provide the contracts neither after or during interview nor it was in the immigration requirements)

2:Company Business bank statements does not corroborate with the Company Turn over figures as in the accounts stated.(Because i only provided the statements for the investment covering period instead of the whole three years)

3:Business is in the London (Virtual office)and have two Employee's,Its questionable why you would employ two full time staff and not have premises from where they would work. (They were working from home and sometime we hired the desk whenever needed)

4: Your Employee have the permanent address outside of London as it was on the payslips so its not plausible that your staff would be working from London address for such a long time.(I told them in the interview that that is her permanent address and she lives in the London and i was asked about her address and i said i dnt know that address)

Based on the above considerations the secretary of state is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(K) when assessing , on the balance of probabilities , the points listed at paragraph 245DD(I) of the immigration rules.

Note: I have been awarded all the 95 points though but still got the refusal.


Please can you advise me now the next course of actions and how can i justify the refusal points.

what are the options left for me now.

Thanks

Hi guys,

Please advise me should i apply for AR myself or should i go through via solicitor. Thanks

Hi guys,

I am posting the refusal points as attachment from my refusal letter one by one .After discussing the posted refusal points , we will discuss the others.Please have a look and advise me accordingly what should i say to the home office.I will really appreciate.

{As per from my side about this particular refusal point, i did not provide them all the three years statements which reflect the turn over transactions.It was not asked anywhere in the immigration rules.I just provided them those statements which were reflecting the investment transactions.}