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Can one issue another director loan for second application?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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NippyApp
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Can one issue another director loan for second application?

Post by NippyApp » Wed Mar 08, 2017 5:51 am

Hello Zimba n all,

Is it possible to re-write another director loan for second application.

50k route for tier one extension.

Applied in Dec
Got refused in February

Refused based on the fact that while the Loan Agreement stated that it was Unsecured, it did not state that it was 'surbordinated in favour of third party creditors.
All other points were granted.

Applied for AR

Received decision stating decision remained the same.

Now need to apply within 14 days.

Do u advised, i rewrite another (revised) director loan for my fresh application?

Has anybody ever written a new director loan?

sm12
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Re: Can one issue another director loan for second applicati

Post by sm12 » Wed Mar 08, 2017 3:59 pm

You will have to edit it, if you want to make a new application.
Another alternative is to pass a resolution to convert the loan to share capital by passing a resolution. Then you'll have to provide fresh management accounts to show the share capital in your name. However, the only issue that might arise is whether HO will accept share capital issued after your visa expired.

jafersadeq
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Location: LONDON
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Re: Can one issue another director loan for second applicati

Post by jafersadeq » Wed Mar 08, 2017 9:41 pm

To end the story.. EDIT it, add what they want, but same dates on the old one.

NippyApp
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Re: Can one issue another director loan for second applicati

Post by NippyApp » Thu Mar 09, 2017 11:52 am

sm12 wrote:You will have to edit it, if you want to make a new application.
Another alternative is to pass a resolution to convert the loan to share capital by passing a resolution. Then you'll have to provide fresh management accounts to show the share capital in your name. However, the only issue that might arise is whether HO will accept share capital issued after your visa expired.
Thanks for all responses.

I am planning to bring the Account up to date, include up-to-date Current Director's Report and History page (with invoice attached from companies house - if required?), up-to-date maintenance fee and make reference to the previous application (and its original documents as they haven't been returned).

Please is it advisable to put a stamp on the revised Loan Agreement (and attach it to a copy of the old one)?

Also, what other documents will be advisable to include with this fresh application?

All members and gurus' advices would be greatly appreciated.

Thanks

sm12
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Re: Can one issue another director loan for second applicati

Post by sm12 » Fri Mar 10, 2017 4:37 am

Are you sending both agreements?

NippyApp
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Re: Can one issue another director loan for second applicati

Post by NippyApp » Fri Mar 10, 2017 1:56 pm

sm12 wrote:Are you sending both agreements?
Yes, I am going to send both the revised and the old Agreements (attached to eachother with a cover letter). This is to avoid HO raising objections.

Respected members and gurus, what do you think?

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zimba
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Re: Can one issue another director loan for second applicati

Post by zimba » Fri Mar 10, 2017 1:58 pm

You simply need to amend the old one and make a new one. There is no need to send the old one.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

NippyApp
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Visa now approved!!! - Can one issue another DL for 2nd

Post by NippyApp » Thu Jul 27, 2017 12:50 pm

Hello house,

I'm glad to inform you all that the Elohim that rules in the affairs of men has done it. My (second application for) Tier 1 Entr Extension has now been approved.

Timeline for the second application after the first refusal based on the fact that I missed the statement "surbodinated in favour of third party creditors" on the Director loan is as follows:

Wrote an ammended agreement and attached it to the original then sent in the application - 13/03/2017 by next day delivery,
Application received by HO - 14/03/2017,
Biometric letter received - 06/04/2017 and Biometrics given a week after.
Exceptional complex letter received - 25/04/2017,
IHS partial Refund - 19/07/2017,
Online Status Updated - 20/07/2017. With case ID showing "DECIDED" but with Royalmail ref (as at today) still showing "Awaiting decision, last updated in April".
Documents Received - 25/07/2017,
BRP received - 27/07/2017 (I had to ring DX secure on 08443710000. They claimed to have attempted delivery on 21 & 22 but left no missed you card).

Note: Prayed some dangerous prayers and also got MP involved few weeks ago when I was fed up with the delay. This may be for somebody.

Many thanks to all those who advised and guided, especially Zimba.

ENTREPRENEUR1983
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Re: Visa now approved!!! - Can one issue another DL for 2nd

Post by ENTREPRENEUR1983 » Thu Jul 27, 2017 8:11 pm

NippyApp wrote:Hello house,

I'm glad to inform you all that the Elohim that rules in the affairs of men has done it. My (second application for) Tier 1 Entr Extension has now been approved.

Timeline for the second application after the first refusal based on the fact that I missed the statement "surbodinated in favour of third party creditors" on the Director loan is as follows:

Wrote an ammended agreement and attached it to the original then sent in the application - 13/03/2017 by next day delivery,
Application received by HO - 14/03/2017,
Biometric letter received - 06/04/2017 and Biometrics given a week after.
Exceptional complex letter received - 25/04/2017,
IHS partial Refund - 19/07/2017,
Online Status Updated - 20/07/2017. With case ID showing "DECIDED" but with Royalmail ref (as at today) still showing "Awaiting decision, last updated in April".
Documents Received - 25/07/2017,
BRP received - 27/07/2017 (I had to ring DX secure on 08443710000. They claimed to have attempted delivery on 21 & 22 but left no missed you card).

Note: Prayed some dangerous prayers and also got MP involved few weeks ago when I was fed up with the delay. This may be for somebody.

Many thanks to all those who advised and guided, especially Zimba.
Congratulation, so happy for you dear !!

The amended Loan agreement you submitted which date you put, if you making the new agreement for new application it should be after the date of your last application expired. (means the initial application like in your case its seems like expired in dec. last year when you applied for extension). I would appreciate your input. Thank you

NippyApp
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Posts: 17
Joined: Tue Mar 07, 2017 10:13 pm

Re: Can one issue another director loan for second applicati

Post by NippyApp » Fri Jul 28, 2017 6:02 am

ENTREPRENEUR1983 wrote:
NippyApp wrote:Hello house,

I'm glad to inform you all that the Elohim that rules in the affairs of men has done it. My (second application for) Tier 1 Entr Extension has now been approved.

Timeline for the second application after the first refusal based on the fact that I missed the statement "surbodinated in favour of third party creditors" on the Director loan is as follows:

Wrote an ammended agreement and attached it to the original then sent in the application - 13/03/2017 by next day delivery,
Application received by HO - 14/03/2017,
Biometric letter received - 06/04/2017 and Biometrics given a week after.
Exceptional complex letter received - 25/04/2017,
IHS partial Refund - 19/07/2017,
Online Status Updated - 20/07/2017. With case ID showing "DECIDED" but with Royalmail ref (as at today) still showing "Awaiting decision, last updated in April".
Documents Received - 25/07/2017,
BRP received - 27/07/2017 (I had to ring DX secure on 08443710000. They claimed to have attempted delivery on 21 & 22 but left no missed you card).

Note: Prayed some dangerous prayers and also got MP involved few weeks ago when I was fed up with the delay. This may be for somebody.

Many thanks to all those who advised and guided, especially Zimba.
Congratulation, so happy for you dear !!

The amended Loan agreement you submitted which date you put, if you making the new agreement for new application it should be after the date of your last application expired. (means the initial application like in your case its seems like expired in dec. last year when you applied for extension). I would appreciate your input. Thank you
Thank you friend,

As the first Loan Agreement was faulted by H.O, the Amendment (not a new Loan Agreement) was written and dated 3 days after the refusal letter's date (i.e. few days before the second application was submitted as there was the need to update some other documents too). Then I attached the Amendment to the original (faulty) Loan Agreement. I didn't change the date on the original (faulty) Loan Agreement or alter it in any way. The Amendment (witnessed by a legal practitioners or you can ask your accountant to help) took care of that.

Dont forget to get your Accounts up to date, include up-to-date Current Director's Report and History page (with invoice attached from companies house), up-to-date maintenance fee and other original documents if they are returned. Remember to check all docs that need to be up to date. Treat your second application as an entirely new application.

Finally, its advisable to include a cover letter to wrap up everything, stating what went wrong with the first application and how you've fixed it.

Note: Make sure you follow the policy guidance to the letter.

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zimba
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Re: Can one issue another director loan for second applicati

Post by zimba » Fri Jul 28, 2017 11:35 am

Congratulations on your visa :)
There is no need for two parallel threads discussing the same thing :!:

uk-tier-1-entrepreneur-visas/2nd-applic ... 36013.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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