Momi : I didnot submit CS01 aswell
Kerim 90: No, I dont know the document what you are talking about . How can u get " company information for company number.. " . I might be similar to current appointments report , which also has all the company information for a given company numb
Marcnath: Thank you very much
yes even I was very surprised and very upset and frustrated with the decision as I have submitted the accounts which is the only requirement and pointed out the pages clearly in AR. But they said that even though the accounts are submitted ,and the CS01 is available online , I failed in not submitting AR01 OR CS01 physically which shows the shareholders info and the investment amount. I coundlt tolerate, but what to do, thats how my fate is . I dont have time to fight against them n I have to opt for fresh application as I was very confident . some inxperienced CW decided my fate. But finally tried to represent my application even better and succeeded
Submitted my AR on my own:
Briefly my case is as follows
Dear Sirs,
These are the grounds clearly states the basis of requesting for an Administrative Review.
These details are important because they will help us to review your application.
Relevant law:
46-SD. The specified documents in paragraphs 41(b) and 46 are as follows:
(b) When evidencing the investment;
(4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided,
Submissions :
1. It is a fact that the I have submitted the Un-audited Accounts to comply the requirement of Immigration rules when evidencing the investment ( which has been conceded by the SSHD in the refusal decision)
The Un-Audited Accounts for the period ended 31 December 2016 ( which is a public document and can be easily accessible online from the companies House website ) clearly demonstrates that Mr. Xxx
( see page 5 , Point 5 of Accounts Report submitted by me or online Accounts available from Companies House website at page 3) has been allotted a Share Capital , called up and fully paid as Ordinary Shares, wherein the Nominal Value of each Ordinary Share is £1 each and the Number of shares are xxxx . the following is the link to find the online companies House report, which can be viewed for convenience.
https:/xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Further
I have also submitted a document called " Current Appointments Report" which has also been conceded by the SSHD and the document is of 4 pages.
Out of 4 pages of this document, page Number 4 speaks about the Recent filing History and on plain reading of this page clearly goes to confirm that on xxxx the applicant has been allotted the afore mentioned share capital by way of FORM SH01 , Latest SOC ( Statement of Capital ) : GBP xxxx.
These details are important because they will help us to review your application.
It is alleged by the SSHD in the refusal decision that "The evidence you have provided is not sufficient because you have not provided AR01 from Companies House or similar document to show the shares amount, value and that they are in your name"
Submissions:
In this regard we humbly submit that our client has already submitted Un-audited accounts, Companies House Current Appointments Report which clearly confirm that the applicant has been allotted claimed share capital.
Even otherwise if some documents were missing or provided in the wrong format that can be rectified by contacting with the appellant in writing, and request to provide the correct documents as per Immigration
rules under paragraph 245AA.
245AA. Documents not submitted with applications
(a) Where Part 6A or any appendices referred to in Part 6A state that specified documents must be
provided, the Entry Clearance Officer, Immigration Officer or the Secretary of State will only consider
documents that have been submitted with the application, and will only consider documents submitted
after the application where they are submitted in accordance with subparagraph (b).
(b) If the applicant has submitted specified documents in which:
(i) Some of the documents in a sequence have been omitted (for example, if one bank statement from a
series is missing);
(ii) A document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or
(iii) A document is a copy and not an original document; or
(iv) A document does not contain all of the specified information;
the Entry Clearance Officer, Immigration Officer or the Secretary of State may contact the applicant or his
representative in writing, and request the correct documents. The requested documents must be received
at the address specified in the request within 7 working days of the date of the request.
(c) Documents will not be requested where a specified document has not been submitted (for example an
English language certificate is missing), or where the Entry Clearance Officer, Immigration Officer or the
Secretary of State does not anticipate that addressing the omission or error referred to in subparagraph
(b) will lead to a grant because the application will be refused for other reasons.
(d) If the applicant has submitted a specified document:
(i) in the wrong format; or
(ii) which is a copy and not an original document; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application,
(2) the website of the organisation which issued the document, or
(3) the website of the appropriate regulatory body;
the application may be granted exceptionally, providing the Entry Clearance Officer, Immigration Officer or
the Secretary of State is satisfied that the specified documents are genuine and the applicant meets all
the other requirements. The Entry Clearance Officer, Immigration Officer or the Secretary of State
reserves the right to request the specified original documents in the correct format in all cases where (b) applies, and to refuse applications if these documents are not provided as set out in (b).
2. We further wish to humbly submit that there is an omission or missing
document and if the SSHD asked for further documents as per 245AA of the
rules, then our client would have produced it , as such we humbly request the SSHD to and consider the unaudited accounts and in processing the
application applied the Immigration Rules incorrectly
Conclusion:
Further I humbly submit that I have submitted all the required documents as on the date of
application and Therefore I submit that I have complied all the relevant Immigration rules and the investment was made as required and is reflected in the relevant accounts, and filing history page of
Current appointment report.( CS01, SH01 ).
In the light of the afore mentioned submissions , I humbly request you to reconsider my
application for leave to remain in the UK, based on the above points and grant me leave to remain in the
UK.
