Tier 1 Entrepreneur Extension Refused after one Year

[zimba]

The answer you gave to that question is seriously bad, reads like a mini rant.
You simply should have said that my bank statements do not cover that accounting period, I can send you all the statements so you can check them if you wish.

[suvalike]

The answer you gave to that question is seriously bad, reads like a mini rant.
You simply should have said that my bank statements do not cover that accounting period, I can send you all the statements so you can check them if you wish.

Thanks...What about the unaudited accounts and accountant confirmation clarification.

[zimba]

There is no auditing required at all and what your accountant put in your account is standard practice, it is in everyone's unaudited accounts. Accountants report always says they never verified the accuracy of your unaudited accounts.

To be honest I really think that you did very bad at the interview and went there completely unprepared and also answered the questions in a totally convincing manner. The case worker found your answers quite unconvincing and refused you based on mere probabilities, so you are the first person to be refused on genuineness grounds. You really want to clarify things VERY clearly during AR.

[sameerb]

HI,

This is appalling. First Home Office set their guidelines, publish them & decide not to follow them!!

1. Contracts not provided - Where does it say that we need to send them contracts?

2. Bank statements - where does it say we need to send all 3 years bank statement ?

above grounds have no basis for refusal because they are not following their own guidelines. Its misdirecting applicants.

[suvalike]

HI,

This is appalling. First Home Office set their guidelines, publish them & decide not to follow them!!

1. Contracts not provided - Where does it say that we need to send them contracts?

2. Bank statements - where does it say we need to send all 3 years bank statement ?

above grounds have no basis for refusal because they are not following their own guidelines. Its misdirecting applicants.

Yes i completely agree !

[suvalike]

There is no auditing required at all and what your accountant put in your account is standard practice, it is in everyone's unaudited accounts. Accountants report always says they never verified the accuracy of your unaudited accounts.

To be honest I really think that you did very bad at the interview and went there completely unprepared and also answered the questions in a totally convincing manner. The case worker found your answers quite unconvincing and refused you based on mere probabilities, so you are the first person to be refused on genuineness grounds. You really want to clarify things VERY clearly during AR.

Thanks for the explanation. So please advise me what should i write to them in the arguments for AR about the refusal point i mentioned above regarding corroboration of turn over figures with statements and un-audited accounts.(But its perfectly corroborate with statements if i give them all statements with the sales transactions from last three years.)

[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.}

Please advise me about this second attached refusal point.The company the CW mentioned in it does not belong to us.It was typo error from the interviewer and subsequently from CW.They replaced the i (in the company name) with e and it become a new company which was searched in the register and found dissolved. Our client is still active on the companies house register.
How should i write the argument with correct wording as per this refusal plan.
Thanks

[sm12]

The response to the wrong company name is quite straightforward.

Say that: Our client is [Correct company name] and not [Wrong company name]. [Correct company name] with company number xxxxxx is still active and trading as per Companies House.

If the word limit permits, you could add: I did not receive a request to provide the contract/related statements but can do so for the Home Office's review.

If the company has not paid yet, you could add that they still owe the debt to you.

[suvalike]

The response to the wrong company name is quite straightforward.

Say that: Our client is [Correct company name] and not [Wrong company name]. [Correct company name] with company number xxxxxx is still active and trading as per Companies House.

If the word limit permits, you could add: I did not receive a request to provide the contract/related statements but can do so for the Home Office's review.

If the company has not paid yet, you could add that they still owe the debt to you.

Thanks a lot !

[suvalike]

The response to the wrong company name is quite straightforward.

Say that: Our client is [Correct company name] and not [Wrong company name]. [Correct company name] with company number xxxxxx is still active and trading as per Companies House.

If the word limit permits, you could add: I did not receive a request to provide the contract/related statements but can do so for the Home Office's review.

If the company has not paid yet, you could add that they still owe the debt to you.

Here is my 3rd refusal point.It was the most funny one.The company website is fine and working too.But the CW related the internet with the website.Though we do not maintain the client website.Its none of our business.We are responsible for their LAN network,Inventory systems and internal internet connectivity for the office.
Please advise how to respond this refusal.Thx

[zimba]

Well you should explain the nature of the work that you do for them and argue that their website maintenance and hosting is not your responsibility. You should also offer to send the contract that shows your duties to that client which does not involve their website maintenance/hosting at all

[sm12]

You could say something like: We did not develop and do not maintain or host the website xyz.com for [company name]. We are only responsible for their LAN network, Inventory systems and internal internet connectivity for their office.

If the word limit permits, you can add that you have a contract to confirm the same. Or you could add that the company would be able to confirm this to HO if they contact the company.

[suvalike]

Thanks a lot Zimvba88 and sm12 for your valuable inputs.

Here is my fourth refusal point.
[
XYZ Ltd.
You stated at interview that you had a permanent contract with XYZ Ltd where you
"maintain system - upgraded recently, phone tines and w land." (q7-8) . You have chosen not to
provide the contract, but we note that your bank statements shows you receiving one payment of
£525 from XYZ Ltd. An Internet search of Companies House was undertaken for XY Z Ltd , X YZ Ltd. , X Y Z Ltd. however Companies House had no record of such a company.
It is questionable why you would have a contract with this company when it does not appear to
be registered with companies house, and why a mini cab company would require a permanent contract with you. The fact that you have only provide one bank statement showing one payment
adds to our concerns as to the legitimacy of your claim that you have a permanent contract with
XYZ Ltd. ]

CW said that they could not find the company name into the companies house register. I just found that this client company was dissolved in December 2016. I went for interview in June 2016. We did terminate the contract with this client because of the payments issue back in September 2016.

Please advise me now how should I respond to this point because company has been dissolved now but it was a registered company at that time when it was our client and its still there in the register as dissolved company. Thanks

[zimba]

My claims regrading a contract with my former client [ABC Ltd] was accurate and true during the time I was interviewed in June 2016. However it is evident that the case worker considered my application more than 6 months after I was interviewed, without the knowledge that my client's contract was terminated in September 2016 and I was not engaged with them from that point onwards.
I believe that the long delay between the interview date and the date my claims were evaluated by the case worker lead to an inaccurate observation regarding my dealings with my former client [ABC Ltd] and gave the impression that I was engaged in a business with a company that has been dissolved, which was incorrect.

[suvalike]

My claims regrading a contract with my former client [ABC Ltd] was accurate and true during the time I was interviewed in June 2016. However it is evident that the case worker considered my application more than 6 months after I was interviewed, without the knowledge that my client's contract was terminated in September 2016 and I was not engaged with them from that point onwards.
I believe that the long delay between the interview date and the date my claims were evaluated by the case worker lead to an inaccurate observation regarding my dealings with my former client [ABC Ltd] and gave the impression that I was engaged in a business with a company that has been dissolved, which was incorrect.

Thanks Zimba.

But in this refusal point the CW said that they could not find the company in the companies house register.They tried different name combinations as said but still did not find.The reason was they did not try the exact name here too.The right name was xyz minicab limited. BUt they were looking for as xyz mini cabs limited.Should not i put this point too that company was registered and companies house has the record of it.When you search it , it is there with the status of dissolved instead of Active.They also saw only one transaction from this client But how should i convince them that i did nio provide them all the statements which cover the transactions from the clients.
Please advise how to approach it. Thanks

[zimba]

You really do not need me to give you a word by word answer I showed you how to approach this above and you need to include all the points you want to make in the AR letter. You should take each point and refute it by providing the proper reasoning.

[suvalike]

Thanks a lot Zimvba88 and sm12 for your valuable inputs.

Here is my fourth refusal point.
[
XYZ Ltd.
You stated at interview that you had a permanent contract with XYZ Ltd where you
"maintain system - upgraded recently, phone tines and w land." (q7-8) . You have chosen not to
provide the contract, but we note that your bank statements shows you receiving one payment of
£525 from XYZ Ltd. An Internet search of Companies House was undertaken for XY Z Ltd , X YZ Ltd. , X Y Z Ltd. however Companies House had no record of such a company.
It is questionable why you would have a contract with this company when it does not appear to
be registered with companies house, and why a mini cab company would require a permanent contract with you. The fact that you have only provide one bank statement showing one payment
adds to our concerns as to the legitimacy of your claim that you have a permanent contract with
XYZ Ltd. ]

This is what i have drafted.Please advise if something is missing or would be a good to add. Thanks

" I did not receive any request to provide a contract and furthermore the companies house do have record of my former client XYZ MINICAB LTD with company number 01234567.My claims regrading a contract with my former client “ILM MINICAB LTD” was accurate and true during the time I was interviewed in July 2016.However it is evident that the case worker considered my application more than 6 months after I was interviewed, without the knowledge that my client's contract was terminated in September 2016 and I was not engaged with them from that point onwards. "

[sm12]

The draft is fine.

The letter from HO also states that they have doubts about why a mini-cab company would require your permanent services. Therefore, it might be worthwhile writing one line to explain what work you did for this company each month, to show that that this was a genuine contract.

[awan905]

From the points which you mentioned and explained it looks that HO thinks that you are not working as an IT consultant instead you are working as a taxi driver, because payments are coming from mini cab firm. Though case worker didnot mention this directly but he or she suspects this.

Better explain all of your points in AR letter and see what will happen, in meanwhile also start preparing for new application.

You are the only applicant which we have seen on this forum got refusal based on his interview.

[suvalike]

From the points which you mentioned and explained it looks that HO thinks that you are not working as an IT consultant instead you are working as a taxi driver, because payments are coming from mini cab firm. Though case worker didnot mention this directly but he or she suspects this.

Better explain all of your points in AR letter and see what will happen, in meanwhile also start preparing for new application.

You are the only applicant which we have seen on this forum got refusal based on his interview.

Thanks for your input but i think the CW main concern was that the company does not exist in the companies house register.which actually does exist.But the CW could not find it because of wrong name search.But the cw also found that one sales transaction of our services to that company into the given statements and only one because he does not have all the three years statements.

[suvalike]

The draft is fine.

The letter from HO also states that they have doubts about why a mini-cab company would require your permanent services. Therefore, it might be worthwhile writing one line to explain what work you did for this company each month, to show that that this was a genuine contract.

Thanks sm12....I will explain them our services to the client.

[suvalike]

Here is my fifth refusal point. Please advise. How should i respond them on this.Thx

[

Business Premises and Employees

You confirmed at interview that your business premises are at XYZ Avenue, London ' .. You also confirmed that you do not have any rooms at these premises, but when required you let people know you need a desk, which you have to share, as the office space is used by others. If you need. a room you are required to hire it (q13-14). You also confirmed at interview that you employ two staff in an admin role and an operational role. It is questionable as to why you would employ two full time staff and not have premises from where they would work.

]

[sm12]

The answer to this one would depend upon why you use a virtual address and also what kind of work the two staff members do? Maybe you can list your reasons here so that we can offer better advice.

Among other reasons, I would imagine one reason would be the cost advantage. You can explain this and also that for a start up, spending your resources on a lease/rent would have been too expensive. If you live in an area where renting is very expensive, you can mention this. Moreover, by not having an office, your cost savings can also enable you to charge more competitive prices.
If the word limit permits, you can discuss other factors. For instance, you could discuss how having a virtual address also means that you do not need to worry about the legal aspects of making your home a registered address.

You could briefly talk about the work each of your employees does and explain that the kind of work can be done remotely and does not require an office/premises. You can strengthen your argument by discussing how you work as a team with your staff and coordinate your work.

[suvalike]

The answer to this one would depend upon why you use a virtual address and also what kind of work the two staff members do? Maybe you can list your reasons here so that we can offer better advice.

Among other reasons, I would imagine one reason would be the cost advantage. You can explain this and also that for a start up, spending your resources on a lease/rent would have been too expensive. If you live in an area where renting is very expensive, you can mention this. Moreover, by not having an office, your cost savings can also enable you to charge more competitive prices.
If the word limit permits, you can discuss other factors. For instance, you could discuss how having a virtual address also means that you do not need to worry about the legal aspects of making your home a registered address.

You could briefly talk about the work each of your employees does and explain that the kind of work can be done remotely and does not require an office/premises. You can strengthen your argument by discussing how you work as a team with your staff and coordinate your work.

Thanks for the input.

We do provide the IT services and consultancy.The reasons for the virtual office were same as you said cost effective and most of the work could be done remotely. I spend most of the time on the clients site.So there was no need of the physical office but we had the shared desk space and did have meentings whenever required.So it was not 100 cent virtual.There was facility of having the meeting room and have the work desk whenever needed on PAYG basis.


One employee do the Admin role and other operations role.

The one who does the admin role was responsible for drafting the contracts for clients and co-ordination with the clients and a bit of social media marketing.

The other employee was working as a help desk support e.g resolving the client tickets and queries remotely and forwarding me the complex or 2nd tier issues.So we do have monthly and sometime weekly meetings in our office.

[suvalike]

The answer to this one would depend upon why you use a virtual address and also what kind of work the two staff members do? Maybe you can list your reasons here so that we can offer better advice.

Among other reasons, I would imagine one reason would be the cost advantage. You can explain this and also that for a start up, spending your resources on a lease/rent would have been too expensive. If you live in an area where renting is very expensive, you can mention this. Moreover, by not having an office, your cost savings can also enable you to charge more competitive prices.
If the word limit permits, you can discuss other factors. For instance, you could discuss how having a virtual address also means that you do not need to worry about the legal aspects of making your home a registered address.

You could briefly talk about the work each of your employees does and explain that the kind of work can be done remotely and does not require an office/premises. You can strengthen your argument by discussing how you work as a team with your staff and coordinate your work.

Thanks for the input.

We do provide the IT services and consultancy.The reasons for the virtual office were same as you said cost effective and most of the work could be done remotely. I spend most of the time on the clients site.So there was no need of the physical office but we had the shared desk space and did have meentings whenever required.So it was not 100 cent virtual.There was facility of having the meeting room and have the work desk whenever needed on PAYG basis.


One employee do the Admin role and other operations role.

The one who does the admin role was responsible for drafting the contracts for clients and co-ordination with the clients and a bit of social media marketing.

The other employee was working as a help desk support e.g resolving the client tickets and queries remotely and forwarding me the complex or 2nd tier issues.So we do have monthly and sometime weekly meetings in our office.

AS per with the above point they also raised the below point.

Please advise how to respond this as well while considering the above point altogether:

[

Employee - XYZ
The payslips and P6O's you provided for your employees XYZ show her home address is in Luton. It does not appear to be plausible that xyz would choose to work for you in an admit' role on minimum wage (q34) when she lives in Luton and your business premises are in London.
When you were asked at interview to explain why you are employing someone who lives in Luton when you are based in London you stated "She lives in London, the Luton address is her registered permanent address". When asked what her London address was you stated "I do not remember". When you were asked if she worked from the business premises you stated "sometimes it is 50/50" (q35), you also stated that sometimes she works from home and sometimes in the office (q36).
It is does not appear to be plausible that xyz would work in a full time admin role in London on 7.20 per hour when her permanent address is in Luton. You stated at interview that xyz spends around 50 % of her work doing her admin duties from her London home (q40), but you could not remember her London address. It is not plausible that she would be working at her London home address for this period of time, but that you would not know the address. It also does not appear to be plausible that xyz could afford to have a home address in London and a permanent address in Luton when she is only paid £7.20 per hour.

]

I never said it in interview that she works 50/50 but i did say to them that she works sometime from home and whenever needed from the desk in the office.i could not understand why do i need to know my employee home address when she might be staying with friends/cousins.Our requirement was to have her address which she gave for the PAYE purpose.

Zimba , sm12 and others seniors , please advise me how can i satisfy them with the above tricky point.