Tier 1 Entrepreneur extension refused

[shahsb]

Hi Everyone,

Need your urgent help and guidance regarding our Tier 1 Entrepreneur Extension Team Refusal.

Our extension has been refused on 14/11/2017 and received on 17/11/2017

Due to silly reasons as filing history was missing in the documents also there was a sentence missing in the Director's loan agreement.

We are going for Admin Review off course and mean while preparing the new application as well.

Can you please guide us if this is the right strategy also if the AR is refused , will we be overstayed and can continue working as directors.

Need your urgent help regarding this matter.

Thank you in advance.

Kind Regards,

[Manu_cal]

Hi Everyone,

Need your urgent help and guidance regarding our Tier 1 Entrepreneur Extension Team Refusal.

Our extension has been refused on 14/11/2017 and received on 17/11/2017

Due to silly reasons as filing history was missing in the documents also there was a sentence missing in the Director's loan agreement.

We are going for Admin Review off course and mean while preparing the new application as well.

Can you please guide us if this is the right strategy also if the AR is refused , will we be overstayed and can continue working as directors.

Need your urgent help regarding this matter.

Thank you in advance.

Kind Regards,

I think You will be fine. well in your case they said Filling history is missing but mine they said Current appointment report is missing. I got the visa today in AR. prepare the new application. If AR is refused then any of your dependents working will lose their working rights and of course you have to be off the payroll. But prepare the new application as they will take 28 days and you will have enough time now. After AR you need to file the new application ASAP. you will be over stayer for the number of days you take to lodge a new application after the AR provided your second application is successful. 14 days of Overstay period is ignored for future ILR applications so use this period. It took me a few days to print the whole application and I was ready with a second application. Good Luck

[shahsb]

Thank you for your response

Can you please explain on what grounds did you get AR approved ??

Thanks in advance

[zimba]

Thank you for your response

Can you please explain on what grounds did you get AR approved ??

Thanks in advance

See: uk-tier-1-entrepreneur-visas/tier-1-ent ... 41855.html

[marcnath]

Thank you for your response

Can you please explain on what grounds did you get AR approved ??

Thanks in advance

Manu_cal used the argument that the information in the missing documents could be found elsewhere in other documents. Under such circumstances, the CW may use evidential flexibility to ask for the correct documents or even approve the application.

The good news from Manu_cal's experience is that missing documents, on its own, can be pleaded against.
However, note that the evidential flexibility is not a right i.e. CWs are not obliged to apply evidential flexibility.

But more importantly, it depends on what exact information was missing because of the wrong documents you submitted. That was not clear from your original post.

For example, the filing history is used to determine if you were a director within 6 months of entry and 3 months before application. If that information is available in other documents your chances of AR success would be high.

Similarly, if your DL agreement missed the statement that "the loan is unsecured and subordinated..." but that is mentioned in your submitted accounts, then again you can use 245 AA (d) to request that the error is ignored.

So, it really boils down to what exactly was missing.

[waqas40581]

Hi Everyone,

Need your urgent help and guidance regarding our Tier 1 Entrepreneur Extension Team Refusal.

Our extension has been refused on 14/11/2017 and received on 17/11/2017

Due to silly reasons as filing history was missing in the documents also there was a sentence missing in the Director's loan agreement.

We are going for Admin Review off course and mean while preparing the new application as well.

Can you please guide us if this is the right strategy also if the AR is refused , will we be overstayed and can continue working as directors.

Need your urgent help regarding this matter.

Thank you in advance.

Kind Regards,

CAN YOU PLEASE TELL WHAT WAS THE LINE WHICH MISSING FROM YOU DIRECTOR LOAN AGREEMENT?

[Manu_cal]

Agree with Marcnath. I had submitted FPS monthly payments but the only thing in refusal was highlighted 3 words start dates missing. To which my argument was it is not my fault and the software used by the accountant cannot have that data on them. My other point was that the software is recognized or authorized by HMRC plus I did get a written confirmation from the software company to confirm the above. Plus the start dates could be found on P11s and P46 of new employees. Similar case to mine was annoyedatukba but his software was not on the HMRC list .So I guess the Home Office realized it wont be easy to defend this argument in court if one government office is recognizing the software and Home office is saying otherwise.
the second point was easier to win, Current appointment Report which they had misplaced as I had mentioned it in 3 different places in my application form that I have submitted it.
In your case the filling history wont be an issue if you had sent it.
Good luck

[nevergiveup88]

What’s is your time line please advise

[shahsb]

Thank you for your response

Can you please explain on what grounds did you get AR approved ??

Thanks in advance

Manu_cal used the argument that the information in the missing documents could be found elsewhere in other documents. Under such circumstances, the CW may use evidential flexibility to ask for the correct documents or even approve the application.

The good news from Manu_cal's experience is that missing documents, on its own, can be pleaded against.
However, note that the evidential flexibility is not a right i.e. CWs are not obliged to apply evidential flexibility.

But more importantly, it depends on what exact information was missing because of the wrong documents you submitted. That was not clear from your original post.

For example, the filing history is used to determine if you were a director within 6 months of entry and 3 months before application. If that information is available in other documents your chances of AR success would be high.

Similarly, if your DL agreement missed the statement that "the loan is unsecured and subordinated..." but that is mentioned in your submitted accounts, then again you can use 245 AA (d) to request that the error is ignored.

So, it really boils down to what exactly was missing.

Hi Marcnath,

Many thanks for your detailed response.

We missed loan agreement that loan is unsecured and subordinated in the favor of third party creditors.

However we have this binding effect in the load agreement

'' This agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the borrower and lender. The Borrower waives presentment for payment, notice of non payment, protest and notice of protest''.

Our consultant is saying that the above is a replacement of the secure argument.

Having said that it is clearly mentioned on unaudited accounts for last year that directors have invested £50,000 into the business in form of loan and this loan is unsecured and subordinated in favor of third party creditors.

I believe this is case of evendential flexibility also on all the other documents including financial accounts and accountant letter clearly saying we are directors since jan 2014 so again it should go in our favor.

But i will still need expert opinion on the above scenario where are we standing in terms of AR?/

Kind Regards,

[marcnath]

However we have this binding effect in the load agreement

'' This agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the borrower and lender. The Borrower waives presentment for payment, notice of non payment, protest and notice of protest''.

Our consultant is saying that the above is a replacement of the secure argument.

Are you paying for the consultant ? This is nothing do with being "unsecured and subordinated"

Having said that it is clearly mentioned on unaudited accounts for last year that directors have invested £50,000 into the business in form of loan and this loan is unsecured and subordinated in favor of third party creditors.

I believe this is case of evendential flexibility also on all the other documents including financial accounts and accountant letter clearly saying we are directors since jan 2014 so again it should go in our favor.

Agree that this gives you a basis to argue that evidential flexibility. Attach the relevant page of the accounts with this section highlighted.

While HO does not need to accept it, I am optimistic that they will. Good luck with the AR.

[shahsb]

Many thanks Marcnath for your kind responses and expert opinion.

I hope it will go through in AR.

We are preparing for new application meanwhile.

Do you have any idea why HO did not return our original documents. We will need them whilst submitting new application. Can we ask them before the conclusion of AR to return our documents so that we should be ready if decision does not come back in our favour.

Thanks for your help in advance.

[bizman]

I believe if you highlight the areas that clearly show that you have satisfied the requirement, the Caseworker will have no options than to reason and grant your visa. Dont forget that the Team manager will also look at it. Just ensure you articulate your position clearly and in a simple and understandable manner. I come to realise that the simpler you make your application for the caseworker, the more chance to get them to give you a positive decision.

[bizman]

Many thanks Marcnath for your kind responses and expert opinion.

I hope it will go through in AR.

We are preparing for new application meanwhile.

Do you have any idea why HO did not return our original documents. We will need them whilst submitting new application. Can we ask them before the conclusion of AR to return our documents so that we should be ready if decision does not come back in our favour.

Thanks for your help in advance.

HO dont return documents when you are refused, you collect it at the airport, you have to try to gather your documents together again however you can mention in your cover letter your first application and reason for refusal stating that that has been corrected in this fresh application. I am really optimistic that you will get your AR through.

[shahsb]

Thank you bizman,

We are not asking about the Passport documents but rest of the documents which are important to send with the new application if needed.

Thank you again

[bizman]

For documents that you can make another original, you can use copies but make sure you refer to your first extension application in your cover letter, so they can easily relate it or link it together. If the refusal is not overturn then you will have to collect both your passport and documents at the airport when you are leaving UK.

[Manu_cal]

For documents that you can make another original, you can use copies but make sure you refer to your first extension application in your cover letter, so they can easily relate it or link it together. If the refusal is not overturn then you will have to collect both your passport and documents at the airport when you are leaving UK.

Relax buddy . He ain't going back . It's a simple issue which can be corrected .

[bizman]

I didnt say hes going back. Im just telling you the HO process. He has a good case. The chance is very high for caseworker to overturn the refusal.

[shahsb]

Many thanks to both of you.

My solicitor was saying that we can request them to send the documents back.

Kind Regards

[piercebody]

Have you filed the AR.?? Please Update me the status as I am going to file AR in 1 or 2 weeks time. Thanks

[shahsb]

Good Morning

I have a query regarding our AR? We have a Tier 1 Team Extension which is refused.

Do we have to submit separate AR for both main applicants and their dependants or 1 application with the details of all other applicants including depandants.

Looking to hear from you soon.

Kind Regards,

[shahsb]

Have you filed the AR.?? Please Update me the status as I am going to file AR in 1 or 2 weeks time. Thanks

We are going to file it today??

What is your reason for refusal?

Thanks

[CR001]

Have you filed the AR.?? Please Update me the status as I am going to file AR in 1 or 2 weeks time. Thanks

We are going to file it today??

What is your reason for refusal?

Thanks

User 'piercebody' topic below to avoid a repeat of what he/she has already posted and this topic becoming a duplicate and veering of your situation.

uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1566560

[marcnath]

Good Morning

I have a query regarding our AR? We have a Tier 1 Team Extension which is refused.

Do we have to submit separate AR for both main applicants and their dependants or 1 application with the details of all other applicants including depandants.

Looking to hear from you soon.

Kind Regards,

Did you get a common refusal letter or separate ones for each ?

[shahsb]

Good Morning

I have a query regarding our AR? We have a Tier 1 Team Extension which is refused.

Do we have to submit separate AR for both main applicants and their dependants or 1 application with the details of all other applicants including depandants.

Looking to hear from you soon.

Kind Regards,

Did you get a common refusal letter or separate ones for each ?

Hi Marcnath,

We received separate refusal letter for each of us and separate for our dependants.

Kind Regards,

[marcnath]

Good Morning

I have a query regarding our AR? We have a Tier 1 Team Extension which is refused.

Do we have to submit separate AR for both main applicants and their dependants or 1 application with the details of all other applicants including depandants.

Looking to hear from you soon.

Kind Regards,

Did you get a common refusal letter or separate ones for each ?

Hi Marcnath,

We received separate refusal letter for each of us and separate for our dependants.

Kind Regards,

That is what I thought.

Both applications are independently assessed, so AR should be applied for individually