Administrative review Tier 1 Entrepreneur

[Maytree]

Hi All, how Can I provide B certificate of my employee’s to administrative review team when they except case working errors?

[zimba]

You should NOT tag your question to other's posts.
You cannot add or send documents during the AR process

[Maytree]

Sorry to tag a question, I won’t do it again. How Can I send a copy of B certificate to them with the online AR as I haven’t sent it yet please?

[marcnath]

Sorry to tag a question, I won’t do it again. How Can I send a copy of B certificate to them with the online AR as I haven’t sent it yet please?

As Zimba said, you can't send additional documents in the AR process.
If you had not submitted the Birth certificate initally and the rejection was because of that, it is not a CW error.
What exactly were the grounds of your rejection ?

[Maytree]

Had to submit one of employee’s provisional driving license copy for the proof of settled worker in the uk as He had no past port or B certificate at that time but I’ve got his birth certificate now, so I need to provide it clear enough to granted, I believe, but the problem is can I upload it or attach it with AR to CW ?

[marcnath]

Had to submit one of employee’s provisional driving license copy for the proof of settled worker in the uk as He had no past port or B certificate at that time but I’ve got his birth certificate now, so I need to provide it clear enough to granted, I believe, but the problem is can I upload it or attach it with AR to CW ?

As mentioned before, you can't submit additional documents during AR. It will not be accepted.
A driving licence is not even sufficient to complete your "right to work" checks that you are supposed to do before you hire someone. Why did you think it would be acceptable for your T1E application ?
So, to repeat, you can't submit the Birth Certificate now. If you have some other arguments then you can try that with AR. But without details, I can't see what could be such arguments.
The good news though is that a fresh application would likely go through if you have been awarded points for all other attributes.

[zimba]

Had to submit one of employee’s provisional driving license copy for the proof of settled worker in the uk as He had no past port or B certificate at that time but I’ve got his birth certificate now, so I need to provide it clear enough to granted, I believe, but the problem is can I upload it or attach it with AR to CW ?

No. If you did not submit the required document with your application it cannot be sent during AR and after the decision has been made.
https://www.gov.uk/ask-for-a-visa-administrative-review

The decision will be checked for the errors you point out. Don’t send new information or documents for review unless you’ve been asked to.

Please focus on a fresh application.

[Maytree]

Thanks zimba & marcnath for clearances of me.

[raj.m]

Hi Maytree,

If the only reason of your refusal is the missing identity document(s) of one of your employees, I think you should go for AR and while they're looking at your AR, you should keep a fresh application ready just in case if it doesn't get overturned.

I highly doubt they will overturn it but I think you can still try to buy yourself some time to prepare a new application.

The basis of your AR could be 245AA(b)(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". Now bear in mind that this is going to be a weak argument but you could still try. You could argue that identity documents of both employees is a one set of document, thereby making the omission of identity document of one out of the two employees a document missing within a sequence, and therefore the secretary of state should have given you an opportunity to submit the missing identity document, in line with 245AA(b)(i) of the immigration rules. You can also quote 245AA(c)(ii) - "where the decision maker does not think that submission of the missing or correct documents will lead to a grant because the application will be refused for other reasons". You can say something like this is the only document missing in your file and if they had given you an opportunity to submit it as per 245AA(b)(i), it would have lead to a grant of visa.

Now bear in mind that it is not compulsory for them to use these rules and give you an opportunity to submit the missing document...it is up to caseworker's discretion. However, you can counter that by mentioning the common law duty of acting fairly in the decision making process. The argument could be something like this - I feel that the common law duty of acting fairly in the decision making process as well as Paragraph 245AA of the Immigration Rules have not been applied correctly, and that I have been treated unfairly by the refusal of my application for further leave to remain.