1st. Admin Review Refused Tier 1 Enterpreneur Extensions 2nd. Admin Review Help

[Atif786]

So extra payslips, FPS documents, page from guidance, page from form filled in again, and cover letter.
Also, if any new employees are included when you fill in the form, then their passports/documents to prove right to work.
[/quote]

Thanks Buddy, i'll definitely do that, and i wish and hope they will consider it as the documents i am submitting are dated before my visa expiry date.

can anyone help me with the postal address please.
last time contact centre gave me this PO Box address but my documents were not collected for a week from that PO Box.
UK Border Agency
PO BOX 3468
S3 8WA Sheffield
South Yorkshire England
Can i Post them to his address?

[Bhavin002]

Dear Gurus, Please help for 2nd. Admin Review.
The following 13 months period I claimed initially in application form. If we count 120 hrs/ month, I will still have 2 months less to prove in the AR. The employee also worked full time more than 120/hrs months during 2015- 2016 for about 5-6 months. But that period I didn't claim in the application. would they accept if I send them payslips for this period which can cover about 16 months of full time employment, would they consider as a new documents? I have provided full FPS/Payroll report from April 2014 to Jun 2016. But they only checked April 2014 - April 2015 period with payslips.
1st. Admin Review Rejected. Home office wordings:
The second job that of Mr... is recorded on your application form as being fulltime between April 2014 and the 30th. April 2015 we would therefore expect to see e4vidence that Mr... has worked at least 30 hrs. per week or 130 hrs per calendar month throughout this period. however payslips that have been provided to support your application show that he worked less than 130 hours for 6 of the 13 months that you have claimed that Mr... worked full time.

They Counted:
Month Ending - Hours
April 14 = 130
May 14 = 130
Jun 14 = 127
July 14 = 130
Aug 14 = 127
Sept 14 = 104
Oct 14 = 130
Nov 14 = 120
Dec 14 = 130
Jan 15 = 118
Feb 15 = 105
Mar 15 = 130
Apr 15 = 130
This demonstrates that only 7 months of full time work have been created for your 2nd .Employee Mr... therefore is not sufficient to meet the requirement of creating the equivalent of two full time jobs which have each existed for at least 12 months.

Many Thanks,

[marcnath]

Unfortunately, they will not accept fresh documents as part of the AR process. You can do a fresh application with the full documents once the AR process is completed.

However, since you submitted the FPS for the entire period, you can try arguing that they should have used evidence flexibility and asked you for the remaining payslips.

Section 245AA(b) states:
(b) If the applicant has submitted the specified documents and:
(i) some of the documents within a sequence have been omitted (for example, if one page from a bank statement is missing) and the documents marking the beginning and end of that sequence have been provided;

While it strictly does not apply as you have not submitted the last payslip, the fact that some payslips have been provided could be used to argue that.

So, include the additional payslips as documents you would have provided if the CW had used 245AA.

Worth trying even if there is no guarantee of success.

[Atif786]

Hi Marcnath, I am posting additional payslip and RTI FPS for march 2017 to ukvi .
Applied on 29/03/2017
Visa was expiring on 8/04/2017
March RTI/ FPS and pay slips were generated on 31/03/2017.
My question is will they accept it as valid document for scoring point as it's generated before the expiry date but after application submission date .
Plz help
Thanks

[marcnath]

Hi Marcnath, I am posting additional payslip and RTI FPS for march 2017 to ukvi .
Applied on 29/03/2017
Visa was expiring on 8/04/2017
March RTI/ FPS and pay slips were generated on 31/03/2017.
My question is will they accept it as valid document for scoring point as it's generated before the expiry date but after application submission date .
Plz help
Thanks

Immigration rules state that :
(a) Subject to sub-paragraph (b) and where otherwise indicated, where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.

It is not possible to determine what the date on which the application is considered is.

When the documents are generated should have no impact.

So, all you can do is send it as soon as possible, by same day special delivery and hope it gets to the CW before they start on your application.

[Atif786]

Thanks Marcnath, I am on the way to post them, cheers.

[Atif786]

HI Marcnath, what do you mean by this please?
"It is not possible to determine what the date on which the application is considered is"

[Atif786]

Hi Marcnath, or I have another point to rais , shall I also
Refill the job creation table and add part time employment of 2 employees from April 2015-oct 2016, to claim points for 1 full time .
( which was 120 hours per month each and I was considering it full time in the application alredy submitted ).
And the same 2 employee worked fully time more than 130 hours per month each for 11 months in March 2016- Feb 2017 . ( SO Can I fill in job creation table and claim pints for full time 11 months each ) .
Shall I do this way and resend the job creation table to make sure everything is covered .
Thanks

[Atif786]

Hi Marcnath, or I have another point to raise , shall I also
Refill the job creation table and add part time employment of 2 employees from April 2015-oct 2016, to claim points for 1 full time .
( which was 120 hours per month each and I was considering it full time in the application alredy submitted ).
And the same 2 employee worked fully time more than 130 hours per month each for 11 months in March 2016- Feb 2017 . ( SO Can I fill in job creation table and claim pints for full time 11 months each ) .
Shall I do this way and resend the job creation table to make sure everything is covered .
Thanks

[marcnath]

HI Marcnath, what do you mean by this please?
"It is not possible to determine what the date on which the application is considered is"

It just means what it says - we don't know what considered means - is it when they start looking at your file or when they actually make the decision. And we also will not know which day your file is being looked at.

[CR001]

Hi Marcnath, or I have another point to raise , shall I also
Refill the job creation table and add part time employment of 2 employees from April 2015-oct 2016, to claim points for 1 full time .
( which was 120 hours per month each and I was considering it full time in the application alredy submitted ).
And the same 2 employee worked fully time more than 130 hours per month each for 11 months in March 2016- Feb 2017 . ( SO Can I fill in job creation table and claim pints for full time 11 months each ) .
Shall I do this way and resend the job creation table to make sure everything is covered .
Thanks

Can you please ask your questions in your own topic rather than tagging onto and hijacking another members thread. It is considered rude, is unfair the OP and creates confusion when members respond.

[Atif786]

Yes I admit it, sorry about that, was about to apologise
For hijacking it.
Accept my apology .

[marcnath]

I haven't gone back through all your old background. But yes, you can send in the Job Creation table also.

[Atif786]

Thanks Marcnath, I have posted all the documents today , keep confuse crossed , I hope they accept it .
Thanks

[Bhavin002]

Dear Gurus,
please advise as your earliest conveniences.

I applied tier 1 Entrepreneur visa application for Extensions in July 2017. The application was refused, applied twice Admin Reviews but they stick with the same initial reason for refusal.
I showed 2 employees full time for 13 months. They have accepted one employee full time, other one they queried being fulltime for 7 months only.
The full time employment period I submitted April 2014 - April 2015 so, I could not prove or send another period of full time employment as they don't accept as new docs.
My solicitor recently has applied fresh application within 14 days of refusal letter showing more than 17 months of full employment for each employee.
Solicitor said you can not work legally or run your business due to my visa expired on August 2017.
Please advise, Do I have to resign from company director and issue P45 for myself?
How HO consider this situation and my application if I don't run the business now onwards, I have fear that they can reject the application if they check I am not a director of company.
Please ask if you need any clarification.

Many Thanks in advance.

[awan905]

If you ve applied under 14 days from refusal date, your are covered by 3C and you are allowed to work.

[marcnath]

If you ve applied under 14 days from refusal date, your are covered by 3C and you are allowed to work.

This is totally wrong !!!

The Section 3C coverage ended once the AR was rejected and you are technically an overstayer.

As such, you cannot be an employee of even your own company.

However, there is no restriction on your being appointed an unpaid Director - you don't need a Visa to be a Director.

[Bhavin002]

Many Thanks for your quick reply, you are stars...

[Bhavin002]

Dear Gurus,
I have applied another application after tier 1 entrepreneur refused and two ARs refused receiving 14 days notice to leave the country. Applied for another application, biometric done.
Technically, I am overstayed at the moment.
Now, I have received letter from immigration enforcement that Company can not employ and check the visa status of ... My Name. I am not taking any wage or pay from employment. But I am still unpaid director of the company.

I have to be there at my business to run the business and help the employees. There is no other possibility I think.

Can immigration officers come and check? Could they Fine £20,000 to company if they found me at business premises.
What will be my arguments if they have turned please? Please advise best.

Thanks,
Bhavin

[zimba]

As long as you are not on payroll there is no issue. Such letters are issued automatically

[Bhavin002]

Many Thanks Zimba88. Really appreciated for your quick reply.
Merry Xmas.

[Hiuk77777]

hi, can y let me know should fresh application apply within 14 fast once you receive the letter or start from the date of decision?

When did you receive your AR?

My AR is processed more than 28 days and receive refund on last Friday. It seems they have made decision on last Friday but I haven’t received anything until today. I need prepare the application.

Thanks

[Manu_cal]

hi, can y let me know should fresh application apply within 14 fast once you receive the letter or start from the date of decision?

When did you receive your AR?

My AR is processed more than 28 days and receive refund on last Friday. It seems they have made decision on last Friday but I haven’t received anything until today. I need prepare the application.

Thanks

14 days from the day your AR is decided not the application desicion. But if you have received a refund of AR (£80.00) that means your AR is successful.

[Hiuk77777]

hi, can y let me know should fresh application apply within 14 fast once you receive the letter or start from the date of decision?

When did you receive your AR?

My AR is processed more than 28 days and receive refund on last Friday. It seems they have made decision on last Friday but I haven’t received anything until today. I need prepare the application.

Thanks

14 days from the day your AR is decided not the application desicion. But if you have received a refund of AR (£80.00) that means your AR is successful.

I didn’t receive £80. Only got partial IHS refund. So worried about it. Not sure if 14 days start from the decision I received or they made. Thanks

[taha81]

hi, can y let me know should fresh application apply within 14 fast once you receive the letter or start from the date of decision?

When did you receive your AR?

My AR is processed more than 28 days and receive refund on last Friday. It seems they have made decision on last Friday but I haven’t received anything until today. I need prepare the application.

Thanks

14 days from the day your AR is decided not the application desicion. But if you have received a refund of AR (£80.00) that means your AR is successful.

Sorry Manu, can I know where this 80 pounds thing come from ?
As far as I know, IHS partial refund is 200 pounds per application (which normally occurs when an application gets approved).