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tier 1 entrepreneur EXTENSION refusal PLEASE HELP

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

Dea guy
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Joined: Fri Apr 21, 2017 11:11 pm

Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by Dea guy » Tue Aug 22, 2017 8:45 pm

Congratulations Dear!
I have applied AR on 16/8/2017 and waiting for reply.

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annoyedatukba
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Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by annoyedatukba » Tue Aug 22, 2017 10:33 pm

Congratulations on your win and glad that the turnaround for the AR was not that bad.

Good luck with the next portion of the Entrepreneur Visa.
Digpal wrote:
Tue Aug 22, 2017 2:39 am
Hi Everyone,

I am just updating the forum as I received the reply on my Administrative review today and I am happy to say they overturned the decision and granted me the Visa.

It was a really hard time and everyone told me that I will not get my visa in admin review.
But I studied all the UK company law and immigration law and made a strong review case and by god's grace, I received the letter from the Home office this morning saying they overturned the decision & granted me the leave to remain and I will receive my BRP card within 7 working days.

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marcnath
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Location: Milton Keynes
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Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by marcnath » Wed Aug 23, 2017 10:48 am

Digpal wrote:
Tue Aug 22, 2017 2:39 am
Hi Everyone,

I am just updating the forum as I received the reply on my Administrative review today and I am happy to say they overturned the decision and granted me the Visa.

It was a really hard time and everyone told me that I will not get my visa in admin review.
But I studied all the UK company law and immigration law and made a strong review case and by god's grace, I received the letter from the Home office this morning saying they overturned the decision & granted me the leave to remain and I will receive my BRP card within 7 working days.
Congratulations - that is indeed good news.

I always thought that you had a chance depending on how your accounts were reported, so glad that it worked out.

Please share the argument that your solicitor presented - that will be useful.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Chuks2222
Newly Registered
Posts: 28
Joined: Fri Oct 14, 2016 10:53 am

Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by Chuks2222 » Tue Sep 05, 2017 1:19 am

Digpal wrote:
Tue Aug 22, 2017 2:39 am
Hi Everyone,

I am just updating the forum as I received the reply on my Administrative review today and I am happy to say they overturned the decision and granted me the Visa.

It was a really hard time and everyone told me that I will not get my visa in admin review.
But I studied all the UK company law and immigration law and made a strong review case and by god's grace, I received the letter from the Home office this morning saying they overturned the decision & granted me the leave to remain and I will receive my BRP card within 7 working days.
Hello Digpal,

A very big congratulations on the outcome of your AR. I have similar issue with you but mine was that i transferred the entire £50,000 from my business savings account to my Business current account. I got my full points on all other criteria except for the investment fund. I have made the 1st and 2nd application using this same evidence of investment fund albeit with the addition of a letter from the my bank(HSBC) in the 2nd application showing that i am the sole signatory to the business savings account and that the transfer of the £50,000 was authorised by me. I felt that my lawyer(s) have not done a good job......! It so painful! Please, Digpal could you help me with the write up of your AR & i will be happy to have a chat with you as i am preparing for judicial review to be filed in about 1 week time. You can reach me on this phone Noxxxxxxxxxxx. Many thanks in advance for your help and i look forward to hearing from you! Cheers!

Moderator edit: Personal contact details removed under the Board Ts&Cs.

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marcnath
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Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
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Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by marcnath » Tue Sep 05, 2017 8:26 am

While it is great that contributors to this forum help each other by sharing their experience and advice, note that when you start doing it directly one on one, you have the risk of running foul of the law.
The law is very clear that immigration advisers need to be properly licenced.

So, asking for someone to contact you directly and provide help is putting them in trouble if they take up on it.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Digpal
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Posts: 12
Joined: Fri Jul 07, 2017 12:58 am

Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by Digpal » Tue Sep 05, 2017 4:19 pm

Hi chuks,

why did you make the second application showing the same transactions if it didnt work the first time?

1) How did the money went to the business savings account? did you transfer it from your main business account?

2) Was this the money you earned in 3 years of initial grant?

3) Did you declare these funds on your self assessment and the company annual accounts? basically did you pay taxes on the £50,000 or how did you declare it was your funds?

Please explain properly and everyone will be able to give better suggestions

Chuks2222
Newly Registered
Posts: 28
Joined: Fri Oct 14, 2016 10:53 am

Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by Chuks2222 » Tue Sep 05, 2017 8:12 pm

marcnath wrote:
Tue Sep 05, 2017 8:26 am
While it is great that contributors to this forum help each other by sharing their experience and advice, note that when you start doing it directly one on one, you have the risk of running foul of the law.
The law is very clear that immigration advisers need to be properly licenced.

So, asking for someone to contact you directly and provide help is putting them in trouble if they take up on it.
Marnath, thanks!

Chuks2222
Newly Registered
Posts: 28
Joined: Fri Oct 14, 2016 10:53 am

Re: tier 1 entrepreneur EXTENSION refusal PLEASE HELP

Post by Chuks2222 » Tue Sep 05, 2017 8:54 pm

Digpal wrote:
Tue Sep 05, 2017 4:19 pm
Hi chuks,

why did you make the second application showing the same transactions if it didnt work the first time?

1) How did the money went to the business savings account? did you transfer it from your main business account?

2) Was this the money you earned in 3 years of initial grant?

3) Did you declare these funds on your self assessment and the company annual accounts? basically did you pay taxes on the £50,000 or how did you declare it was your funds?

Please explain properly and everyone will be able to give better suggestions
Hello Digital, many thanks for your response. Please see below my responses to your questions:

I used the same evidence of investment fund of £50,000 in both my 1st and 2nd application but i included a letter from my business bank stating that i am the sole signatory to the business savings account and that i authorised the transfer of the £50,000 investment fund from my business savings account to my business current account. This was done in the second application based on a legal advise i got from a lawyer.

1. Yes, most of the money (£50,000) was transferred from my business current account to the business savings account from profits/takings from my business.

2. No, all the £50,000 was earned during my time as a post study work migrant (2 years) before my initial 3 years Tier 1 entrepreneur grant. It was the same £50,000 that i used as evidence of investment fund in my initial 3 years application.
Due to wrong advices from various lawyers, i initially transferred the same £50,000 to my business current account (let's say business A, which is my current business) from my business savings account. Then another lawyer told me that i should open/register a new business (let's say business B), open a new business bank account and transfer the £50,000 to the new account for the new business. Furthermore, i spoke to another lawyer who told me that i should transfer the £50,000 to my personal savings account - this was eventually what i used as evidence of access to investment fund of £50,000 in my initial application (3 years grant). However, i made a mistake for not transferring the £50,000 from my personal account back to my current business account (business A) and i then invested the £50,000 as part of an initial deposit of £100,000 in property in the UK. As i could not provide evidence (during my extension application) for transferring the £50,000 from personal savings account into my current business account (Business A), i then relied on the initial transfer of the £50,000 from my business savings account to my business current account as result of the initial legal advise i got prior to my initial Tier 1 Entrepreneur application as described above.

3. Yes, the £50,000 was clearly shown in my company's annual account as a director's loan.

I am sorry for my lengthy response. That was the reason i requested for a chat over the phone without any intention of doing a 'copy & paste' of your case in mine. Cheers!

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