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

[bizman]

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

Partial refund of IHS is an indication your AR has been decided and is likely to be successful. Just be patient and you will hear good news soon.

[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

Partial refund of IHS is an indication your AR has been decided and is likely to be successful. Just be patient and you will hear good news soon.

I hope so. But a lot of people get refund and still reject. I am so worried because there are a lot of holiday for next week. If the post man delay the letter, I cannot apply visa within 14 days from the date of decide.

[bizman]

Can you specifically tell me who got refund and was rejected. Its against the provision of IHS, dont be overtly apprehensive. Just keep your fingers crossed.

[Hiuk77777]

Can you specifically tell me who got refund and was rejected. Its against the provision of IHS, dont be overtly apprehensive. Just keep your fingers crossed.

I hope I can overturn indeed. But I did see around at least 3 people get refund before rejection in this forum and 2 refund after rejection.

Pray all the time and wish overturn!

Thanks !
Merry Christmas

[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.

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).

80£ is the AR fee that you get refunded when you win it. Nothing to do with IHS .
I think Hiuk has got his AR overturned .
Also not necessarily IHS refund means visa is approved . I got partial refund when first application was refused.

[bizman]

It s likely to be a rare error by HO to have refunded your IHS and later refuse you. It might also be that they initially decided to grant your visa and then they later discover another thing that legally weighs and could probably affect the immigration rule.

Anyways congrats Huik7777

[Bhavin002]

Dear gurus,
I applied fresh tier 1 extension application after AR rejected of 1st application. Waiting for ho reply.
Technically, I am overstayed. In another case my wife has her own visa ILR she applied for naturalisation in Dec. 2017 waiting for reply.
Can I be eligible to apply her dependent, we don't have child yet. We Married on July 2017? Would they consider my application as I am overstayed? I can not just leave this country as i have business commitment. do I have to go back to India and apply from there ? Do I need to wait for reply or what is the best time to apply for dependent?
Many thanks.

[marcnath]

On what basis did your wife get her ILR ?

By the way, did you apply for a second AR and use the evidential flexibility argument ? If so, what was the reason for the rejection of the 2nd AR ?

[Bhavin002]

Hi Marcnath,
Many thanks for your reply.
My wife got ILR through indescritionary leave. Her parents have British passports.
She has on her own visa.
Ho rejected my second AR based on 12 months of employment of one one of employees. I showed only 13 months employment April 14 to April 15 where they queried and he worked 7 months fulltime during this time. I could not submit more period he worked full time as they might not accept new docs. So, I had to apply new application. Biometric done now.
Thanks

[marcnath]

Given that you are an overstayer now, you would fall under general grounds for refusal
unless the applicant:
(i) overstayed for-
(a) 90 days or less, where the overstaying began before 6 April 2017: or
(b) 30 days or less, where the overstaying began on or after 6 April 2017
and in either case, left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
If your overstay is less than 30 days, then you can leave UK and apply for a dependant visa from outside.

If I remember reading your case, you did have more than 12 months employment with more than 130 hours - it was just that you had not submitted those.

In your 2nd AR, I assume you used the argument of the guidance only requiring 120 hrs/month - did the AR response address that ?
Also did you raise the issue of evidential flexibility given that the additional period was in the FPS you submitted ? Was that also not accepted ?
I had assumed you had a greater than 50% chance of success in the 2nd AR, so am surprised that it did not go through.

[Bhavin002]

In 2nd. AR, I argued on average 30 hrs. Per week throughout the 12 months pwriod. The solicitor advised they won't accept new docs-payslips. Lawyer who made AR review grounds didn't use any other arguments. So HO still remained the decision. It's a shame. I applied new application within 14 days of time given. I hope to hear anything in the January from HO as I experienced they never delayed in my case.
The problem is I have to stay with the business illegally until I get visa.
Many thanks,

[marcnath]

In 2nd. AR, I argued on average 30 hrs. Per week throughout the 12 months pwriod. The solicitor advised they won't accept new docs-payslips. Lawyer who made AR review grounds didn't use any other arguments. So HO still remained the decision. It's a shame. I applied new application within 14 days of time given. I hope to hear anything in the January from HO as I experienced they never delayed in my case.
The problem is I have to stay with the business illegally until I get visa.
Many thanks,

Unfortunately, it appears your AR argument was weak. You had two good arguments that were discussed (uk-tier-1-entrepreneur-visas/1st-admin- ... l#p1544311):
1. The guidance set out 120 hrs/month as a FT job
2. If that was not acceptable, evidential flexibility should have been used to ask for more payslips.
The average 30 hrs per week was a non-starter as it was clear total hours was never acceptable.
Did you not share the advice you received on this forum with your lawyer ? If so, did your lawyer share with you why the above two arguments were not acceptable ?
I am sorry if it looks like I am digging up something that is already past and cannot be changed, but it will be helpful to others in future.

Don't worry too much about staying "illegally" in the business. Since your wife is not impacted, the only serious impact is that you can't draw salary (it should not stop you from getting a loan or dividends from your business). It might take time but your fresh application should be successful.

[Bhavin002]

Many thanks Marcnath,
Yes the argument was weak. I didn't realise these points earlier. I claimed only 13 months April 14 to April 15 in the application.
Will see what they reply in fresh application.
Thank you.

[Bhavin002]

Dear Guys,
I have got a call today from HO to come and visit my premises on Monday 08/01/18, very short notice. I moved two days ago to new premises. He asked me is it residential address or commercial, I said commercial and he noted down. Also I gave him new address. My accountant is updating address in companies house and HMRC. But I haven't send any docs. to HO about the new address. But My solicitor will do next week.
Would that be any problem?
What questions they would ask?

Please advise.
Many Thanks,

[zimba]

You do not need to update them on your new address. Relax

[bizman]

Handle things normally and be confident of yourself. When they come, just mention you just moved and possibly get the lease agreement or invoice of payment for the new location in hand, you dont have to change the address now because I think that why they are coming to confirm why the difference. Just explain you just moved and just instructed your accountant to make changes with companies house.

[Bhavin002]

I had an interview at my new premises 0n 08/01/2018. He asked about 40 questions and all related to business and accounts etc. and time was taken about 45 minutes.
The interview was good. Solicitor sent a letter of change of address. Accountant updated details in HMRC and companies house.
Partial refund received on 14/02/18
Bit worried and confused.

Gov. website says:
You’ll get a partial IHS refund if your visa application’s successful but:
you get less time on your visa than you asked for
any dependants on your visa application are refused
https://www.gov.uk/healthcare-immigrati ... on/refunds

TIA for the help.

[kaps84]

@Bhavin002, Keep us posted once you hear back.

Since the extension is only for 2 years and you paid IHS for 3 years, hence the point number 1.
If any of the dependants are rejected, in that scenario also a partial refund is made.

However, in slight contradiction to what website says about the application being successful and partial refund, it is not guaranteed but presumably a positive sign in most cases.

[Bhavin002]

Thank you Kaps84,

Yes, I don't have any dependant. My wife already applied for British Citizenship as she has her own visa.
10 years will be completed Feb. 2019 for myself. so, I can eligible for ILR if I get extension visa approval before that. But now I am classed as overstayed.