Urgent Help Please regarding Reentry Ban????

[joe12345]

Hi Guys,

I applied ILR for accelerated route on 14 April 2016 but was refused on 11 October 2016. I went to admin review by 24 October 2016 with 14 days from received refusal letter. While admin review is pending, I applied for Tier 1 Entrepreneur extension for 2 years on 14 November 2016. I got refused again by 30 Jan 2017 which is received by 3rd Feb 2017.

I will surely apply for admin review before 14 calendar days. But if my admin review is unsuccessful, is it possible for me to reapply for Tier 1 Entrepreneur Extension Visa again within 14 calendar days from the date of admin review refusal.

I was refused twice. is it possible for me to reapply please? or Will The Home Office accepts my 3rd visa application to leave to remain in the UK as a Tier 1 Entrepreneur please?

[joe12345]

My accountant upgraded their software last year. Now he said he cant retrieve RTI which was sent to HMRC. He can only give summary log which will be downloaded from the software. This summary log provides all information available in RTI.

My Tier 1 Entrepreneur Visa is refused because I submit only weekly summary report of payment made to settled workers.

Can anyone help me urgently how can I retrieve these RTI information please?

[CR001]

Why was ILR refused?

Why was Tier 1 Ent extension refused?

[Commando]

Text me on xxxxxxxxxx

My accountant upgraded their software last year. Now he said he cant retrieve RTI which was sent to HMRC. He can only give summary log which will be downloaded from the software. This summary log provides all information available in RTI.

My Tier 1 Entrepreneur Visa is refused because I submit only weekly summary report of payment made to settled workers.

Can anyone help me urgently how can I retrieve these RTI information please?

[CR001]

Text me on xxxxxxxxxx

My accountant upgraded their software last year. Now he said he cant retrieve RTI which was sent to HMRC. He can only give summary log which will be downloaded from the software. This summary log provides all information available in RTI.

My Tier 1 Entrepreneur Visa is refused because I submit only weekly summary report of payment made to settled workers.

Can anyone help me urgently how can I retrieve these RTI information please?

Kindly refrain from posting personal contact information and suggest familiarise yourself with the forum T&Cs, See READ ME

[joe12345]

ILR is refused because no audited/unaudited accounts submitted, incomplete company filing history and RTI information.

Tier 1 Extension is refused because eventhough unaudited account is submitted, no transfer of money £50k to business bank account; no RTI and finally not satisfied Maintenance.

Investment problem for Tier 1 Extension:

I transfered £20k from one business to self employed business (50-50 partnership cmpy). I have Unaudited account which shows my name and mentioned that I introduced £54k capital into business. Partner hasn't invested any money. I submitted Accounts' compilation report as well as from accountant. I mentioned I transfered £20k and rest £34k, I directly invested by cash. All are accounted and compiled in Unaudited account. I provided invoices also for £30k. I also submited partnership agreement.

Caseworker stated that in your business bank statemnets you have made a transfer from one of your othrt business of £20,000 into the business accounts. You have also stated you have invested by the way of putting cash into the same account but these were not listed as readily identifiable transactions on your bank statements. You have also provided invoices stating containing the information regarding the stock you have brought for your business unfortunately we are unable to count stock towards your investment into the company.

The documents you have supplied to demonstrate the above do not meet the requirements as specified under Appendix A of the Immigration Rules because we have not received sufficient evidence to show that you have investment £50,000.

Maintenance fund problem :

I maintained £2000 for 3 consecutive days in bank and remaining immediate 87 days I maintained £5000 in another bank account.

But the case worker took least amount maintained in both account separately lets £180 in one account and £300 in another account and added these two least amount. He says you maintained only 480 in 90 consecutive days and not awarded points.

Please help me urgently ! How to go for admin review and if admin review is unsuccessful, can i able to reapply for Tier 1 extension again ?

[zimba]

It seems that you are unable to produce the evidence as required and like majority here, FAILED to read the guide properly.
You are now more than 14 days past the time your were an overstayer and you cannot apply again as your application will be refused automatically

[joe12345]

Hi Zimba,

I also think the same that I cant apply further more as I am overstayer of more than 14 days.

But in my refusal letter under liability for removal, it is stated:

If you do not apply for administrative review or extend your leave to remain in the UK on another basis, you have to leave the country.

Does it mean I can make fresh application please?

[sm12]

Very sorry to hear about your case.

In this case, you could consider applying for a fresh application from your home country but for initial entrepreneur leave to remain, not extension, if you have access to 200K.

[Aab1988]

there are few cases Mp's are fighting please search on internet if you think your case is strong then you can consult with Your local MP. I don't know rules of this forum a there it allows me to share the name of them ppl who have consulted with their MP so make it easy for you to search it on internet..

[CR001]

there are few cases Mp's are fighting please search on internet if you think your case is strong then you can consult with Your local MP. I don't know rules of this forum a there it allows me to share the name of them ppl who have consulted with their MP so make it easy for you to search it on internet..

An MP cannot help if the applicant has not met the requirements for an extension.

[Aab1988]

Please search it on google There are currently 2 cases MP are fighting in which applicant didn't meet the required criteria.

[zimba]

But in my refusal letter under liability for removal, it is stated:
If you do not apply for administrative review or extend your leave to remain in the UK on another basis, you have to leave the country.
Does it mean I can make fresh application please?

No. You have been an overstayer and will be liable for removal at anytime.
You can apply for AR and HO chooses not to enforce removal until you hear back the results. As I said above, any new application will be refused now.

there are few cases Mp's are fighting please search on internet if you think your case is strong then you can consult with Your local MP. I don't know rules of this forum a there it allows me to share the name of them ppl who have consulted with their MP so make it easy for you to search it on internet..

What does that even mean ? On what grounds ?? An MP cannot fight anything, particularly when you did not qualify for a leave.
An MP cannot bypass immigration rules

[joe12345]

Thanks for all your replies.

It seems I cannot apply 3rd time any visa in the UK again after the visa refused twice. Eventhough the second refusal letter says I can extend the leave to remain in the UK on another basis, I cannt apply because I am overstayer of more than 14 calendar days.

Am I right?

I will try to consult with MP if possible. But I really invested money and created more than 14 jobs but accountant couldn't retrieve the RTI due to his software upgrade and eventhough unaudited account and accounts compilation report says I invested £54 k the case worker doesn't accept that only £20k is transfered by one business to another business account. I made £54k investment by cash eventhough I transfered £20k not director's loan and it is partnership company and no director in this company.

How can we prove the direct cash investment in self employed business? I submitted Unaudited accounts and Accounts compilation report. It is clearly shows that I invested £54k . The case worker applied the investment in the form of director's loan. But it is self employed business and no director in this business and I invested direct cash.

I don't have any more evidence. Whatelse I can do ?

[zimba]

How can we prove the direct cash investment in self employed business? I submitted Unaudited accounts and Accounts compilation report. It is clearly shows that I invested £54k . The case worker applied the investment in the form of director's loan. But it is self employed business and no director in this business and I invested direct cash.

Then you should argue that in AR then. Self employed does not require a DL

[Aab1988]

I am not saying MPs can by pass immigration law or he will definitely get the visa from MPs help I mean to say there are few cases on internet in which MPs has raised an issue to Home Secretary and trying to help them

[joe12345]

Thank you for replies. What about maintenance? Can I able to argue in AR please ?

Maintenance fund problem :

I maintained £2000 for 3 consecutive days in bank and remaining immediate 87 days I maintained £5000 in another bank account.

But the case worker took least amount maintained in both account separately lets £180 in one account and £300 in another account and added these two least amount. He says you maintained only 480 in 90 consecutive days and not awarded points.

What if anyone maintain fund 30 consecutive days in one bank account and remaining 60 consecutive days in another bank account? How can they only take least amount to sum instead summing both account balance each consecutive day?

[sm12]

You could mention that the totals of the accounts on each day from day 1 to day 90 were a minimum of £950.

[zimba]

Based on Appendix C, the maintenance needs to be for 90 consecutive days when you provide the evidence. I am not sure you can maintain the funds 30 days in one account and 60 days in another, the benchmark is 90 consecutive days.

Appendix C, under paragraph 1B section (a), says this regrading the bank statements:

(iii) that the funds in the account have been at the required level throughout the specified period

https://www.gov.uk/guidance/immigration ... ance-funds

[sm12]

There is a thread here that discusses this but it is for Tier 4 (Student Visa).

http://www.immigrationboards.com/uk-tie ... 14784.html

[zamaha]

Hi. Sorry to hear your refusal.
For maintenance see this paragraph:

266. Where evidence from 2 or more accounts are submitted, we will assess the funds available to you using:
 the most recent closing balance of one account, plus
 any additional money available to you on the date of that closing balance, for which
you have provided the required evidence.

Is it applicable to you?

[zamaha]

Hi. Sorry to hear your refusal.
For maintenance see this paragraph:

266. Where evidence from 2 or more accounts are submitted, we will assess the funds available to you using:
 the most recent closing balance of one account, plus
 any additional money available to you on the date of that closing balance, for which
you have provided the required evidence.

Is it applicable to you?

I think they applied it to you but calculating the min amount of each account in 90 days but you may argue it and see the regulation in the opposite approach. Worth a shot I think.

[joe12345]

Hi Zimba & others,

Regarding overstaying application :

In Tier 1 Entrepreneur Extension Guidance link : https://www.gov.uk/government/uploads/s ... 1_2016.pdf

Page 7 says below exception:

13.Applications for leave to remain will fall for refusal if you have overstayed beyond the end of the last period of leave to enter or remain you were granted. The only exceptions are where your application is made:
 Within 14 days of your previous leave expiring and we consider there is a good reason beyond your/your representative’s control, provided in or with the application, why the application could not be made in time; or
 Within 14 days of:
o the refusal of the previous application for leave; or
o the expiry of any leave which has been extended by section 3C of the Immigration Act
1971; or
o the expiry of the time-limit for making an in-time application for administrative review or
appeal (where applicable); or
o any administrative review or appeal being concluded, withdrawn or abandoned or
lapsing.

The only exceptions are where your application is made:
Within 14 days of:
o the refusal of the previous application for leave; or
o any administrative review or appeal being concluded, withdrawn or abandoned or
lapsing.

Please advise the above exception will apply for my case or not. Because they haven't mentioned that within 14 days of previous in-time application for leave. Also they haven't mentioned that within 14 days of administrative review or appeal of in-time application being concluded, withdrawn or abandoned or lapsing.

They mentioned exception is to make application within 14 days of the refusal of the previous application for leave. They have also mentioned exception is to make application within 14 days of any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

Will these rules apply for me to make a fresh application again please?

[zimba]

No. That is based on the assumption that the peiord of appeal or AR was covered by section 3C.
If what you are saying is true, you should be able to apply infinite number of times as long as you get refused and apply for AR and then apply again within 14 days of AR being refused, no ??

[zimba]

Immigration rules part 1, paragraph 39E says:

39E. This paragraph applies where:

1. the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
2. the application was made:
   1. following the refusal of a previous application for leave which was made in-time or to which sub-paragraph (1) applied; and
   2. within 14 days of:
      (i) the refusal of the previous application for leave; or
      (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
      (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
      (iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

https://www.gov.uk/guidance/immigration ... -in-the-uk