Tier 1 entrepreneur visa refused

[Moonaliza]

Dear Gurus

Can someone explain me what a company Register of Member is ?

Thanks in advance for your replies.

Moonalisa.

[zimba]

Guidance - Company registers

[Moonaliza]

Thank you Zimba88.

[Moonaliza]

Dear respected gurus,

I am applicant for the tier1 visa entrepreneur switching from the graduate entrepreneur visa.
I have been refused the visa under the ground that I haven't provided a Companies House Current Appointment Report that shows I am the director of a UK business. However, as a recent graduate entrepreneur applicant, I provided a letter of congratulations from the Companies House that indicates that I am the director of the business I am running.

Could someone please clarify the right document I needed to show?

Kind regards

Moona

[zimba]

Go to: http://wck2.companieshouse.gov.uk
Search for your company and then click on your company number. On the next page click Order Information on this company
Make an account and order a free copy of your Current Appointment Report.

[Moonaliza]

Thank you Zimba88,

Sorry if I haven't been clear in my first question.
Could you please confirm that someone switching from the graduate entrepreneur visa really need to provide the Companies House Current Appointment Report?
In my application, I provided the following documents:
1-printout of a Companies House document showing the address of the registered office in the UK
2- Companies House's appointment letter as a director
When reading the guidance, I can see that the ''Companies House Current Appointment Report'' is requested for:
-Tier 1 (Post-Study Work)
-Tier 1 (General) migrant
-Extension Applications

Tier 1 (Post-Study Work) and Tier 1 (General) migrant need to supply documentary evidence they have been engaged in continuous business activity prior to applying for leave as a Tier 1 (Entrepreneur) migrant. This is not the case for those switching from a graduate entrepreneur. Am I wrong?

Moona

[zimba]

Did you try to claim points for investment in your own company ??

[Moonaliza]

Yes, during the graduate entrepreneur 2 year-period, all the money was invested before the application for the current initial Tier 1 Entrepreneur visa.

The Companies House Current Appointment Report is the only reason given for which the visa was not granted.

[zimba]

Current Appointment Report is a required document in that case. You must prove you were the director of the company and remain as one. You also need to send company accounts, Loan agreement and business bank statements. This is clear in the guide

[Moonaliza]

Thank you so much dear respected Zimba88

I provided all companies accounts, Loan agreement and business bank statements to show the investment made.

46-SD (a-g) is the part of the guide dealing with this question.

(g) The applicant must provide one of the following specified documents as evidence of his current registration as self-employed, as a director of a company or as a member of a limited liability partnership which must demonstrate that he was still registered three months before the date of his application:
(i) If the applicant is claiming points for being self-employed, evidence to demonstrate that he is registered as self-employed with HM Revenue & Customs,
(ii) If the applicant is claiming points for currently being a director of a UK company or member of a UK limited liability partnership, he must provide a printout of a Current Appointment Report from Companies House, dated no earlier than three months before the date of the application, listing the applicant as a director of the company or member of the limited liability partnership, and confirming the date of his appointment. The company or limited liability partnership must be actively trading and not struck-off, or dissolved or in liquidation on the date that the printout was produced.

Tier 1(Entrepreneur) Policy Guidance version 04/2017 - Page 13
Tier 1 (Graduate Entrepreneur)
YES (but you qualify for the £50,000 funding provision)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)

In my case, as a previous graduate entrepreneur, I am not claiming points for currently being a director of a UK company or member as the Group d applicants only: I am part of the group c (Group a, b and c applicants now go to H) Tier 1 (Entrepreneur) Application form (version 04/2017) Page 35.


I think this part of the guidance is somewhat confusing.

I really appreciate your valuable time taken to reply to my posts. I know my case is quite unusual.

Thanks in advance for your reply.

[marcnath]

Thank you so much dear respected Zimba88

I provided all companies accounts, Loan agreement and business bank statements to show the investment made.

46-SD (a-g) is the part of the guide dealing with this question.

(g) The applicant must provide one of the following specified documents as evidence of his current registration as self-employed, as a director of a company or as a member of a limited liability partnership which must demonstrate that he was still registered three months before the date of his application:
(i) If the applicant is claiming points for being self-employed, evidence to demonstrate that he is registered as self-employed with HM Revenue & Customs,
(ii) If the applicant is claiming points for currently being a director of a UK company or member of a UK limited liability partnership, he must provide a printout of a Current Appointment Report from Companies House, dated no earlier than three months before the date of the application, listing the applicant as a director of the company or member of the limited liability partnership, and confirming the date of his appointment. The company or limited liability partnership must be actively trading and not struck-off, or dissolved or in liquidation on the date that the printout was produced.

Tier 1(Entrepreneur) Policy Guidance version 04/2017 - Page 13
Tier 1 (Graduate Entrepreneur)
YES (but you qualify for the £50,000 funding provision)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)
YES (no requirement to have previously been in business)

In my case, as a previous graduate entrepreneur, I am not claiming points for currently being a director of a UK company or member as the Group d applicants only: I am part of the group c (Group a, b and c applicants now go to H) Tier 1 (Entrepreneur) Application form (version 04/2017) Page 35.


I think this part of the guidance is somewhat confusing.

I really appreciate your valuable time taken to reply to my posts. I know my case is quite unusual.

Thanks in advance for your reply.

I would say that you are right and there is no need for the CAR. The CAR is only requested for in extension applications while yours is an entry clearance requirement.

Since you are claiming investment, you need to show that you have invested in a UK business and that it is your business. The requirement for that (as you pointed out) is :

(2) If the applicant is a director of a UK company or member of a UK limited liability partnership, a printout of a Companies House document showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant’s name, as it appears on the application form, as a director or member, and

As long as the letter you provided meets the condition above, you should be able to argue the same in an AR. Make sure you clarify that you did not submit the CAR because it was not required for an entry clearance application.

[Moonaliza]

Thanks, respected guru Zimba88

It is good to know that the Home Office should not request a CAR for an initial Tier 1 application in my case.

I will keep you updated

Many thanks

[zimba]

As long as the letter you provided meets the condition above, you should be able to argue the same in an AR. Make sure you clarify that you did not submit the CAR because it was not required for an entry clearance application.

The OP has NOT applied for an entry clearance but a switch from Tier 1GE in the UK. It is also incorrect to assume that to claim INVESTMENT in a company you do not need to provide CAR.

The 41-SD of Immigration rules Appendix A is clear about this:

(a) Where this paragraph refers to funding being available, unless stated otherwise, this means funding available to:

(i) the applicant;
(ii) the entrepreneurial team, if the applicant is applying under the provisions in paragraph 52 of this Appendix; or
(iii) the applicant’s business.

(b) Where sub-paragraph (a)(iii) above applies and this paragraph refers to the applicant’s business, the business must be a company and the applicant must be registered as a director of that business in the UK, and provide a Companies House document showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant’s name, as it appears on the application form, as a director.

The only document showing this will simply be CAR.

Thanks, respected guru Zimba88
It is good to know that the Home Office should not request a CAR for an initial Tier 1 application in my case.

I did not make that claim.

[Moonaliza]

Thanks marcnath

I realised now that you did not make this claim. Sorry about this.

As previously said, my application is an initial application for the Tier 1 Entrepreneur.

What does entry clearance mean? Initial application?

As I needed to show my director's status of a UK company, I provided the companies House's letter saying:

Dear Mrs XXXX
Congratulations on being appointed as director of company beta. As a company director, there are certain duties you must fulfil...................


This letter shows my name and a date of appointment.

[zimba]

As previously said, my application is an initial application for the Tier 1 Entrepreneur.
What does entry clearance mean? Initial application?

No. Entry clearance means visa issued outside the UK

As I needed to show my director's status of a UK company, I provided the companies House's letter saying:
Dear Mrs XXXX
Congratulations on being appointed as director of company beta. As a company director, there are certain duties you must fulfil...................
This letter shows my name and a date of appointment.

As far as I know, the only companies house document that shows you are the director of a business is Current Appointment Report.

[marcnath]

Thanks marcnath

I realised now that you did not make this claim. Sorry about this.

As previously said, my application is an initial application for the Tier 1 Entrepreneur.

What does entry clearance mean? Initial application? [/quote}

Apologies, my mistake. I meant initial application and wrongly used the term entry clearance (which refers to application from outside the country, as Zimba mentioned)

As I needed to show my director's status of a UK company, I provided the companies House's letter saying:

Dear Mrs XXXX
Congratulations on being appointed as director of company beta. As a company director, there are certain duties you must fulfil...................


This letter shows my name and a date of appointment.

That does seem to meet the requirement. At least, it should provide a strong argument for an AR.

I have personally not received such a letter for any of my Director appointments, but if they are sending such a letter now, it should qualify.

[Moonaliza]

This is a picture of a letter in question
https://www.google.co.uk/search?q=lette ... EpSdz-4xjM:

Thanks for your advice.

[marcnath]

This is a picture of a letter in question
https://www.google.co.uk/search?q=lette ... EpSdz-4xjM:

Thanks for your advice.

I would be confident using this to argue at an AR.
Looking at the conditions:
- provide a Companies House document
==> It is a companies house document
- showing the address of the registered office in the UK, or head office in the UK if it has no registered office
==> Not clear in the picture you sent, but I assume that is the blurred part of the image
- and the applicant’s name, as it appears on the application form, as a director.
==> It does show the name and states that the person is Director.

[zimba]

A letter from companies house when you incorporated the company will not prove that that you invested money in that business when you were a director and does not show that you are still the director of that company with access to that investment.
While it is not explicitly mentioned in the rules, in my opinion the only companies house document which matches the description given under 41-SD can only be CAR. If AR failed, you know what to send for your fresh application.

[marcnath]

Good points, Zimba, and purely in the interest of playing devil's advocate and giving OP additional points of argument for an AR, I'd like to counter.

A letter from companies house when you incorporated the company will not prove that that you invested money in that business when you were a director

I have not seen an explicit link between timing of the investment and being a director. In fact, in cases where you join an existing business, there may often be a delay between the money being put into the business and being registered as a director on companies house records. And I can't imagine that it would be a disqualification.

and does not show that you are still the director of that company with access to that investment.

This, I don't think is a condition at all. The HO explicitly caters for conditions where the entrepreneur is no longer involved in the business but still awarded points for investment. In such a case, he/she will most probably not remain as a Director or have continued access to that investment.

While it is not explicitly mentioned in the rules, in my opinion the only companies house document which matches the description given under 41-SD can only be CAR. If AR failed, you know what to send for your fresh application.

This is a good point and I would use it in the OP's favour as an argument. The fact that CAR is explicitly mentioned elsewhere but not in this section can be argued as a recognition by UKVI that alternate documents will be accepted. I would include that argument in the AR.

[zimba]

The points raised have merits and basically goes beyond the obscure and vague immigration rules and their interpretation. However there are no appeal rights available to migrants which makes arguing your case impossible without a section 3C protection.

[Moonaliza]

Thanks marcnath and Zimba88 for your explanations.

However there are no appeal rights available to migrants which makes arguing your case impossible without a section 3C protection.

Can you clarify what do you mean by ''arguing your case impossible without a section 3C protection''?

[marcnath]

Thanks marcnath and Zimba88 for your explanations.

However there are no appeal rights available to migrants which makes arguing your case impossible without a section 3C protection.

Can you clarify what do you mean by ''arguing your case impossible without a section 3C protection''?

Appealing was a separate process that was available until a couple of years back. The appeal process had more flexibility in what you can argue - such as interpretation. Now the only option is an Administrative Review. And, other points need to go to Judicial Review, which is totally different process.

Having said that, I believe some of the arguments I had put forward may still be acceptable in an AR. But one can never know - that is only my personal opinion.

[Moonaliza]

Dear respected gurus

Thanks to your valuable advice, my husband has just received our biometric residence permits after a judicial review rules in our favour. I left the UK a year ago while the JR was pending to visit my ailing mum. Is there any issue if he send me the BRP for me to join my family? Did the Home Office mistakenly issue the BRP for me? Have been advised by my solicitor that I should apply for an entry clearance as my BRP is not a valid document for an entry clearance.

Regards

[marcnath]

Dear respected gurus

Thanks to your valuable advice, my husband has just received our biometric residence permits after a judicial review rules in our favour. I left the UK a year ago while the JR was pending to visit my ailing mum. Is there any issue if he send me the BRP for me to join my family? Did the Home Office mistakenly issue the BRP for me? Have been advised by my solicitor that I should apply for an entry clearance as my BRP is not a valid document for an entry clearance.

Regards

How did you get your passport back in order to travel back to your home country ?