TIER 1 ENTREPRENEUR VISA EXTENSION REFUSED 27th Nov 2017 - Need guidance

[BK14]

Hello All,

I have been a silent reader to this forum however now since my Application has been rejected, I would just need to share the reasons and to seek appropriate advice as to what chance will I have if I go for AR. I am trying to be as short as possible but please accept my sincere apologies if anything is confusing, though I would clarify if needed.

TIMELINE
Application sent: 18th October 2017
Received: 19th October 2017
Usual charges debited
Status updated: 24th Oct 2017
Status updated to Decided: 22nd Nov 2017
Refusal Letter dated: 27th Nov 2017
Received via Royal Mail 2nd Class Signed for: 30th Nov 2017

REFUSAL:
1. Paragraph 46-SD(a)(iv) of Appendix A of the immigration rules: I as an applicant did not supplied the venture capital funding evidence.
I DID NOT SUPPLIED THAT BECAUSE AS PER THE POLICY GUIDANCE I HAD ALREADY BEEN AWARDED POINTS IN MY PREVIOUS TIER 1 APPLICATION.

2. I did not supplied the companies house documents that names me as the director of a UK company, in fact I did supplied a lot of paper work (I also supplied a print out from companies house which I had obtained for free)

3. Set of accounts did not show any investment made in your name.

4. Applicant registered as self employed or director with in 6 months not shown, once again they had companies house paper work, franchise agreement, lease, purchase invoices 100's of other paper work that clearly indicate I am the director/owner of the Business.

5. Applicant is engaged in Business activity at the time of application 0 points since they believe I am not engaged in Business activity, now this is funny I do not understand what else I have been doing for the last 4 years.

6. Creation of job 0 points since I did not had 3 months RTI returns because of my wonderful accountant who's computer exploded though he wrote a letter on his company letter head explaining the situation, so they did accept the job creation but deducted the hours for those 3 months. They infact said that is not a valid reason, payslips etc everything was in order, employee joining paper work, their contracts, everything which proves the PAYEE amounts etc, the other RTI's were all there.

I run a franchise called XXXXXX, which I bought in 2014 though I registered the company before I was given a TIER 1 entrepreneur visa and that I understand was my mistake but I was not aware of the complications so no idea if this is a major issue, the Business is all absolutely genuine and has been running successfully for the last 4 years almost with 2 full time employees it is a physical store on a high street and XXXXXXXX has 170 plus stores all over UK and 1600 stores around the world.

So from the above any one experience can provide an advise as to how I should proceed with AR? I did not hired a solictor for my extension since I believed that there is no need since everything is genuine and I had already invested £70k plus which can been seen in my accounts.

Let me know if anyone has any questions and I will try to be as short as possible when replying.

[marcnath]

Sorry to hear about the rejection.

TIMELINE
REFUSAL:
1. Paragraph 46-SD(a)(iv) of Appendix A of the immigration rules: I as an applicant did not supplied the venture capital funding evidence.
I DID NOT SUPPLIED THAT BECAUSE AS PER THE POLICY GUIDANCE I HAD ALREADY BEEN AWARDED POINTS IN MY PREVIOUS TIER 1 APPLICATION.

What was the evidence for investment that you had provided at the time of application ? Are you sure you were awarded points for investment and not for access to funds ?
This should be an easy one to get overruled in an AR if things were correctly done on application.

2. I did not supplied the companies house documents that names me as the director of a UK company, in fact I did supplied a lot of paper work (I also supplied a print out from companies house which I had obtained for free)

The only document you needed to provide was the Current Appointment Record, which is the specified document.
Which documents exactly did you provide ?

3. Set of accounts did not show any investment made in your name.

Again, if investment was already awarded points, this is irrelevant. You did not even have to submit the accounts - why did you ?

4. Applicant registered as self employed or director with in 6 months not shown, once again they had companies house paper work, franchise agreement, lease, purchase invoices 100's of other paper work that clearly indicate I am the director/owner of the Business.

Again, the evidence specified is the Current Appointment Record (CAR)

5. Applicant is engaged in Business activity at the time of application 0 points since they believe I am not engaged in Business activity, now this is funny I do not understand what else I have been doing for the last 4 years.

The CW needs to follow the immigration rules which define what evidence needs to be provided. This is again the same CAR.
It appears you have not submitted that.
What specific Companies house document did you submit that showed you as a Director within 6 months of your application date ?

6. Creation of job 0 points since I did not had 3 months RTI returns because of my wonderful accountant who's computer exploded though he wrote a letter on his company letter head explaining the situation, so they did accept the job creation but deducted the hours for those 3 months. They infact said that is not a valid reason, payslips etc everything was in order, employee joining paper work, their contracts, everything which proves the PAYEE amounts etc, the other RTI's were all there.

This is a tough one. You could have recreated the FPS documents.
But since only three of them are missing, they should have used evidential flexibility. So, if the other issues can be sorted out, this will possibly get through in an AR also.

So, really you have two major issues
1. They missed that you have already been awarded points at the time of the application. Did you check the right box in Section K3 of the application form ?. This should be easy to overturn
2. You did not provide the CAR - this is more difficult. Depends on what the other evidence you provided are

[BK14]

Marcnath,

They copied a clause from the immigration rules which very clearly states ' If the applicant is claiming points for investing £50,000 from a Venture capital firm, seed funding competition or UK Government Department, and has not been awarded points in a previous application for having those funds available'

Now as far as I can see, I showed the funds available and based on that I was awarded points hence the Visa was issued it is very simple.

I did supplied the CAR which I still holds a copy of.
I had to submit the accounts since it was needed to show that £50,000 was invested in my initial application funds were available through venture capital but not invested since at that time I did not invested just showed via venture capital that it is available to invest.


Director with in 6 months, to be honest they could have easily seen it via the CAR however if they forgot the other paper work which was printed, taken from my accountant a number of paper work showed I am the director even the date when I become the direct, when the director address changed etc.

Not sure about what you mean by FPS but I had provided them all the pay slips, with number of hours, joining date, hourly rate, their contract, business cards and what not, I believe they simply over looked things.

K3 APPLICATION - 100% selected the right box.
Since I am into shipping and printing Business and I have been printing a number of solicitors paper work for years so I almost know how to create a case, my file was extremely easy to go through and each and every document was numbered.

[zimba]

Now as far as I can see, I showed the funds available and based on that I was awarded points hence the Visa was issued it is very simple.
..
I had to submit the accounts since it was needed to show that £50,000 was invested in my initial application funds were available through venture capital but not invested since at that time I did not invested just showed via venture capital that it is available to invest.

Invested is not the same as available/having access to.

I did supplied the CAR which I still holds a copy of.

Where did you get the CAR from ?

Director with in 6 months, to be honest they could have easily seen it via the CAR however if they forgot the other paper work which was printed, taken from my accountant a number of paper work showed I am the director even the date when I become the direct, when the director address changed etc.

Again only CAR is acceptable

[BK14]

Zimba88,

Many thanks for the feedback, if you refer to Question K3 in the application form I put a check on the 4th Box question K4 was the 3rd check box and then I went to question K6 checked on NO and went to table 3b1. My accountant obtained the CAR for me.

[zimba]

Zimba88,

Many thanks for the feedback, if you refer to Question K3 in the application form I put a check on the 4th Box question K4 was the 3rd check box and then I went to question K6 checked on NO and went to table 3b1. My accountant obtained the CAR for me.

The box you ticked on the form means nothing. The evidence you provided in initial and extension matters only
Where did your accountant get the CAR ?? The CAR is very specific document online. Not any similar company document printout is acceptable

[marcnath]

Zimba88,

Many thanks for the feedback, if you refer to Question K3 in the application form I put a check on the 4th Box question K4 was the 3rd check box and then I went to question K6 checked on NO and went to table 3b1. My accountant obtained the CAR for me.

I was the one that asked the question about K3.

While CWs don't make a decision based on what you fill in the form, it helps them in processing your application.

The way you filled it, you have clearly said you did not show the funds as invested in your 1st application and that you invested everything after you got the approval. So, clearly you should have provided evidence for investment that you have not.

From what you have stated here then, the best option seems to be a fresh application with all the right evidence.

[BK14]

Marcnath,

Thank you for your feedback, please note I showed the investment in the set of accounts, plus the receipts of all major payments were attached for i.e. Franchise payment receipt of £21,000, furniture payment receipt to my head office worth £13,000 and so on, all these reflects in my set of accounts provided.

So, technically the investment can be clearly seen in the set of accounts moreover I also attached the transaction/payment receipt from Venture Capital and they can see in my Business bank account as well as the same payments I made to my head office, everything matches dead on in the set of accounts and business bank statement.

Fresh application means another £3800 which I really do not want to spend if I am 100% sure UKVI did a mistake and not me, though as a last resort I will probably but for now £3,800 to pay again is not fair.

[marcnath]

Marcnath,

Thank you for your feedback, please note I showed the investment in the set of accounts, plus the receipts of all major payments were attached for i.e. Franchise payment receipt of £21,000, furniture payment receipt to my head office worth £13,000 and so on, all these reflects in my set of accounts provided.

So, technically the investment can be clearly seen in the set of accounts moreover I also attached the transaction/payment receipt from Venture Capital and they can see in my Business bank account as well as the same payments I made to my head office, everything matches dead on in the set of accounts and business bank statement.

Fresh application means another £3800 which I really do not want to spend if I am 100% sure UKVI did a mistake and not me, though as a last resort I will probably but for now £3,800 to pay again is not fair.

Ok. If you have all the correct documentation, then it is CW mistake.
Venture capital funding evidence is complex unfortunately, so it is difficult to make an assessment without the actual documents.
The guideline states "However, if you are claiming points for money previously invested by a venture capital firm, you must supply the additional evidence detailed in the Additional evidence for venture capital funding section."
It is not clear what "previously" refers to here but that it appears CW is looking for that "Additional evidence".
So, you can now argue that the clause they quoted is not applicable to you as you had shown the funds available at the initial application.
Assuming that is all correct, this would a CW error that should be overturned in an AR.

[BK14]

Marcnath,

Thank you for your valued advice, it is very assuring. I personally believe the CW has completely over looked the funding part since this clause for venture capital funds award is very complex, though if anyone reads it carefully it simply states nothing to show in terms of paper work if FUNDS were available in initial application and actually the points were awarded at that time.

So technically, while you are applying for initial TIER 1 I don't think by law you are allowed to invest or start for i.e. if you are converting from Student to TIER 1 since on a student visa you are not allowed to engage in any Business activity so therefore I could not have invested the funds, so I simply showed the funds availability via venture capital.

One more major issue I have is, I registered the company before I was granted TIER 1 visa so technically I actually registered myself 6 month before rather later, what do I do about that?

[marcnath]

Marcnath,

Thank you for your valued advice, it is very assuring. I personally believe the CW has completely over looked the funding part since this clause for venture capital funds award is very complex, though if anyone reads it carefully it simply states nothing to show in terms of paper work if FUNDS were available in initial application and actually the points were awarded at that time.

So technically, while you are applying for initial TIER 1 I don't think by law you are allowed to invest or start for i.e. if you are converting from Student to TIER 1 since on a student visa you are not allowed to engage in any Business activity so therefore I could not have invested the funds, so I simply showed the funds availability via venture capital.

One more major issue I have is, I registered the company before I was granted TIER 1 visa so technically I actually registered myself 6 month before rather later, what do I do about that?

Did you switch from Tier 4 ?

[BK14]

Macnarth,


Yes, I switched from Student to TIER 1 using venture capital funding (Available)

[Manu_cal]

Sorry to hear about your refusal. Its tough when you think you have done the hard work of running a genuine business for 4 years but still get refused on the basis of paperwork missed or not in format required by Home office . I guess it's an uphill task for you in Admin Review but never give up.
Reason 1 - will be hard to argue as someone already pointed above amount available and invested are different. Point out all the documents you submitted that you think show that investment has been made in AR.
Reason 2. - Is something I can relate to as I was a victim of that missing Current appointment Report. You said you have a copy of that , check if it says CAR on the heading not Company Information Report. Some accountants do think it is the same but CAR has your filing history and Company Information Report does not. Also did you do a covering letter and listed all the documents in the application form also . If yes and you mentioned Current appointment Report then you are Ok.
Reason 3 - Its somewhere in notes section of the accounts that should have your name and the amount.
Reason 4 and 5 is again that CAR . I have the feeling you submitted Company Information Report which does not have the date of appointment as a director. You can be appointed director even a year before your initial application which is not an issue. Provided you had full time work rights at that time
Reason 6 you can argue on evidential flexibility quoting that bank statement paragraph but in the mean while get those FPS report's which were missing. You can call the payroll software directly and ask for help. Trust me it works. They can provide you the missing reports from their end provided your accountant had filed them with HMRC.
Good luck and be positive.

[marcnath]

One more major issue I have is, I registered the company before I was granted TIER 1 visa so technically I actually registered myself 6 month before rather later, what do I do about that?

If you have registered before the Visa grant, it will still satisfy "registered within 6 months". It does not say you should be "first registered".

[BK14]

Manu_Cal,

Thank you for your valuable suggestions, indeed I felt shocked since I was thinking that all is up to the mark and should be good enough for case worker to decide. I also thought if there is anything missing they will contact me, since I attached a covering letter which clearly requested the case worker that he should contact me if anything is missing, I also clearly mentioned in my covering letter that I believe my case is not complex so therefore do not consider my application and let it fall to a complex category.

With regards to CAR, well as I said previously it was already provided however the case worker could have easily checked my directorship through the accounts provided because before the accounts starts you'll be able to see who the director is and since when is he a director of xyz company.

I never surrender for what I feel is my right, so I fight for what is right and indeed I am preparing for AR but if that fails I will go for JR and if I win, I will turn back and bite Home Office since I have now started doing this with in my Business as people take you for granted so I take all matters to small claims court, some lost some win and I learn from this, I have seen probably 1000's being unlawfully rejected by the home office, so I will turn back and bite no matter if I loose or win but I will since I feel this has become a habit and it needs to be rectified before this becomes a standard by the HO.

Anyways, long story short let's see what they have to offer in AR else I will spend the hard earned money for JR.

Thank you once again for your valued suggestions.

[BK14]

Marcnath,

Thank you for your feedback, I guess I registered way before 6 months. Anyways, let's see what happens in AR. Once again thank you for your kind advise and suggestions.

[BK14]

Forum members,

I am about to submit my Admin Review however I have few questions below:

1. Is there a limit to the words?
2. Can I add a message at the end for the case worker (Not the one who might look into the case but the blind one previous to him/her).
3. Since the application has already been rejected and I myself being a straight forward person I would like to add a short message since I am sure it will be passed to him and there will be nothing personal though I would like to refresh his knowledge with regards to the policy guidance which I believe he did not bother to look at.

Let me have your thoughts,

[marcnath]

1. Is there a limit to the words?

I don't think so, though I have seen comments from others about a 1000 word limit which I think applies to AR submitted online.
Having said that, it is always better to be brief and to the point. You are not providing explanations, you are just asserting where the mistakes are.

2. Can I add a message at the end for the case worker (Not the one who might look into the case but the blind one previous to him/her).
3. Since the application has already been rejected and I myself being a straight forward person I would like to add a short message since I am sure it will be passed to him and there will be nothing personal though I would like to refresh his knowledge with regards to the policy guidance which I believe he did not bother to look at.

If an AR is truly independent, they should not involve the previous CW. It should be processed by others. And I doubt if they will pass on messages.
Nothing prevents you from writing anything if there are no word limits.
But if I were in your place, I would not. It is not worth the effort.

[Manu_cal]

Forum members,

I am about to submit my Admin Review however I have few questions below:

1. Is there a limit to the words?
2. Can I add a message at the end for the case worker (Not the one who might look into the case but the blind one previous to him/her).
3. Since the application has already been rejected and I myself being a straight forward person I would like to add a short message since I am sure it will be passed to him and there will be nothing personal though I would like to refresh his knowledge with regards to the policy guidance which I believe he did not bother to look at.

Let me have your thoughts,

Hello. It is better to write your review first in a word document and then just copy paste when you do it online. Yes there are 4 or 5 topics you can choose when doing the review ( Which ever best applies to you) and each topic has about 1000 words like limit. But if you have word count which exceeds the limit then just choose the first available space and just copy paste the prepared review from word. So when you start the review just give a small introduction and explain that due to word limit you are starting your review from here.
My suggestion is not to add personal messages.

[BK14]

Hello All,

Just wanted to cross check what options with one is left even if AR has been refused, though I am currently waiting for the outcome. I am not hopeful since I have seen an increased number of rejections. Anyways, what are the options for i.e. if the HO does not offer a further review option? can one submit a fresh application or taking a road to JR is better though I understand one has to have a deep-pocked for that but just preparing.

I have one more questions to ask, how do I get my file back from HO if the AR has been refused since I seriously do not want to go through and gather the documents one more time.

[Manu_cal]

Hello All,

Just wanted to cross check what options with one is left even if AR has been refused, though I am currently waiting for the outcome. I am not hopeful since I have seen an increased number of rejections. Anyways, what are the options for i.e. if the HO does not offer a further review option? can one submit a fresh application or taking a road to JR is better though I understand one has to have a deep-pocked for that but just preparing.

I have one more questions to ask, how do I get my file back from HO if the AR has been refused since I seriously do not want to go through and gather the documents one more time.

Hello. What I did was that I had prepared the application again while waiting for the AR . I mentioned in the covering letter whatever original documents were with the Home office. Since it was already 7 months when they decided my application so I had updated payslip and basically tons of more documents till date. But I was prepared.
Hope that helps.

[marcnath]

Hello All,

Just wanted to cross check what options with one is left even if AR has been refused, though I am currently waiting for the outcome. I am not hopeful since I have seen an increased number of rejections. Anyways, what are the options for i.e. if the HO does not offer a further review option? can one submit a fresh application or taking a road to JR is better though I understand one has to have a deep-pocked for that but just preparing.

I have one more questions to ask, how do I get my file back from HO if the AR has been refused since I seriously do not want to go through and gather the documents one more time.

It depends on what the reason for rejection would be. If it is wrong documentation, you are better of submitting a fresh application with the correct documents.

On getting the documents back, I believe (from other posts in this forum) that HO will send back the documents to you, keeping only the travel documents with them. But someone who has first hand experience can answer this better.

[BK14]

Manu_Cal,

Sorry I did not fully understand, so you are awaiting a decision on your AR and in the meantime, you have prepared a fresh application with further/fresh documents attached? You had also written in your covering letter that HO holds your documents and your fresh application can be assessed both using your old and new application documents?

Is that what you are trying to say?

Marcnarth,

Thank you for your response, all I need is my old documents back they can keep the passport not an issue since I am not traveling, for now, hopefully, someone in this forum will have a firm answer.

[cr10]

You Need send them your AR With Draw letter to AR team separately, with new Application postage reference number.

As soon as they receive you AR withdrawal letter, They will send all your old documents to you, excluding your travel documents.

In the fresh application, mention a covering letter stating that you with draw your AR, and add a copy of with drawl letter as well.

[BK14]

Hello All,

Just wanted to update about my case, I have just received a refusal of my ADMIN review in which HO has upheld all the previous rejections apart from the missing 3 months RTI. I have also been advised to seek legal advice within 14 days.

I have not been awarded points for the investment since I did not submit Venture capital paperwork, they explained that the points previously awarded to me was 'funds made available and not invested' I have also not included my name within the investment paper work or even 3rd party.

Anyways, they have given me 14 days to seek legal advice, and I am not allowed to work etc. So, I just wanted to know what are my options?

1. Can I submit a fresh application (Changing the accounts for how they need)
2. Can I still work?
3. 14 days are Calendar or working days?

Regards
BK