Visa refusal

[marshal8732]

Hi
I need some quick help in regards to job/position and how to mention in application form.

I have 1 Full-time employee(1) for more than 12 months. Job title: IT Technician

I had another part-time employee(2) for 12 months Job Title: Software Developer

Then I had employee(3) on part-time who worked for 7 Months who replaced by another employee(4) who worked for 6 months so total worked for more then 12 months. Both Empoyee 3 and 4 had same job title as Employee 2.

How would i mention this in application form when im joining the jobs to make 1 full time job.

Urgent help would be great

[marcnath]

Job 1
Job Title : IT Technician
Employee 1
Job 2
Job Title : Software Developer 1
Job combine with: Job 3
Employee 2
Job 3
Job Title : Software Developer 2
Job combined with : Job 2
Employee 3
Employee 4

[marshal8732]

My Visa was issued after April 2014

So I would need to mention 3 jobs even though job 2 and job 3 are same.

Because my accountant told me to write
JOb 2 for employee(2)
and Job 2 for employee(3-4)

so i believe he is wrong

[marcnath]

My Visa was issued after April 2014

So I would need to mention 3 jobs even though job 2 and job 3 are same.

Because my accountant told me to write
JOb 2 for employee(2)
and Job 2 for employee(3-4)

so i believe he is wrong

Not sure if it is wrong - the guidelines are not definitive on that approach.
If you search some recent posts, there was a rejection for someone who did it that way.
uk-tier-1-entrepreneur-visas/decision-t ... 41262.html
While I believe he will most probably be able to argue and succeed in AR, better to avoid it in the first place.

[marshal8732]

SO I would have to mention 3 jobs in total.

With Job 2 is for (Employee 2) and Job 3 is for (employee 3-4).

It doesn't matter if job 2 and 3 are the same and employee 2,3,4 have the same job title.

[marcnath]

It doesn't matter if job 2 and 3 are the same and employee 2,3,4 have the same job title.

It doesn't.
But again there has been a rejection due to the Job Title being same (went for AR, not sure of the result).
Hence my recommendation to write Software Developer 1 and Software Developer 2
or anything else that differentiates - Software developer (backend), Software developer (frontend)...

[marshal8732]

Like you said I will mention as software developers 1 and 2

Is it fine if accountant letter doesn’t mention like this

[marcnath]

You don't need an accountant letter

[marshal8732]

I thought the title of job have to be the same as the letter created by accountant.

I must be wrong

So you think it’s ok for me to mention software developer 1 and 2
And have 3 jobs in total

[marcnath]

As I said, assuming you have a new business and you have not joined an existing business, there is no requirement for an accountant letter.
So, the difference between accountant letter and application is irrelevant.

[marshal8732]

I applied for my extension in October and have received the refusal this week.

The reason for refusal is job creation.

In the refusal letter it’s says I have not created job for at least 12month each , which I clearly have as I have followed the guidelines and combined jobs.

The following is my job creations

I had 1 Full-time employee(1) for more than 12 months. Job title: IT Technician

I had another part-time employee(2) for 12 months Job Title: Software Developer

Then I had employee(3) on part-time who worked for 7 Months who replaced by another employee(4) who worked for 6 months so total worked for more then 12 months. Both Empoyee 3 and 4 had same job title as Employee 2.


So I have mention in the form as following.


Job 1
Job Title : IT Technician
Employee 1
Job 2
Job Title : Software Developer 1
Job combine with: Job 3
Employee 2
Job 3
Job Title : Software Developer 2
Job combined with : Job 2
Employee 3
Employee 4


Can guru advise me what are my chance on AR or JR.

Thank you

[marcnath]

Seems straightforward CW error. So should get overturned in AR.
Was there no other details about how they determined lack of 12 months ?

[CR001]

Seems straightforward CW error. So should get overturned in AR.
Was there no other details about how they determined lack of 12 months ?

Merged the topic (above) as OP has previously asked about this.

[kaps84]

This is unfortunate! Specially since you have written that you are combining jobs. CW's go by the guidance and seems not allowed to use their brains. Specially, if the case can be rejected. HO is more oriented to application rejections than assessing the case on it's own merit.

I believe, you should have filed the job title as 'Software Developer' and in there on the same/single page provide all the employee details mentioning their start and end date. and than writing that jobs are combined, right there (as well as an additional letter stating that all the mentioned employees did work for the same job as 'Software Developer'.

Your mistake (or rather CW's ignorance) seems to be, when you said the job titles are 'Software Developer 1', 'Software Developer 2', etc. Part-time job is not allowed.

However, I believe AR is worth a try! (I assume it will go to a different case worker for AR).
If not AR, you have all the grounds for the JR. (assuming there is not other reason of approval).

[marcnath]

Your mistake (or rather CW's ignorance) seems to be, when you said the job titles are 'Software Developer 1', 'Software Developer 2', etc. Part-time job is not allowed.

What do you mean by 'Part-time job is not allowed' ? Immigration rules and the guidance specifically allow for part-time jobs !!

[marshal8732]

Seems straightforward CW error. So should get overturned in AR.
Was there no other details about how they determined lack of 12 months ?

In the rejection letter they have stated the employment for employee C and D are less then 12montn each so can’t be considered as single employment.

However I mention clearly the job title and have given same job position and number for the job.

[kaps84]

Your mistake (or rather CW's ignorance) seems to be, when you said the job titles are 'Software Developer 1', 'Software Developer 2', etc. Part-time job is not allowed.

What do you mean by 'Part-time job is not allowed' ? Immigration rules and the guidance specifically allow for part-time jobs !!

@marcnath, you are right! Part-time job is indeed allowed.

[kaps84]

In this particular case, if you would not have given the employee 2 details at all would have been simpler (assuming that your employee 3 and employee 4 were your full-time employees).

Your case, still stands for an AR based on employee 1 (full time - 12 months) and employee 3 & 4 (full time - 12 months combined).

[sm12]

Very sorry to hear about this.
How many hours were both part time jobs for?

[marcnath]

Seems straightforward CW error. So should get overturned in AR.
Was there no other details about how they determined lack of 12 months ?

In the rejection letter they have stated the employment for employee C and D are less then 12montn each so can’t be considered as single employment.

However I mention clearly the job title and have given same job position and number for the job.

Ok. This is straightforward CW error given that employee D replaced employee C. The CW must have read the dates wrongly and assumed both were employed at the same time.
Clearly highlight that job 3 was more than 12 months and immigration rules require jobs to be more than 12 months and not that employees should be employed for more than 12 months

[marshal8732]

In this particular case, if you would not have given the employee 2 details at all would have been simpler (assuming that your employee 3 and employee 4 were your full-time employees).

Your case, still stands for an AR based on employee 1 (full time - 12 months) and employee 3 & 4 (full time - 12 months combined).

No employee 1 is full time worked 12month
Employee 2 is part time worked 12month
Employee 3 and 4 where both part worked 12month

So I combined employee 2 job with employee 3 and 4 so it makes 1 full time employment.

[marshal8732]

Seems straightforward CW error. So should get overturned in AR.
Was there no other details about how they determined lack of 12 months ?

So you think I have good chance for AR given the situation

In the rejection letter they have stated the employment for employee C and D are less then 12montn each so can’t be considered as single employment.

However I mention clearly the job title and have given same job position and number for the job.

Ok. This is straightforward CW error given that employee D replaced employee C. The CW must have read the dates wrongly and assumed both were employed at the same time.
Clearly highlight that job 3 was more than 12 months and immigration rules require jobs to be more than 12 months and not that employees should be employed for more than 12 months

So you think I have good chance for AR?

[kaps84]

So your employee 3 & 4 were not full-time employees? (who aggregatly did a job of 12 months?)

Something like: employee#3 (full-time employee) worked for 6 months (and resigned) and than employee#4 (full-time employee) worked for another 6 months (and may or may not have resigned after that). ?

[marshal8732]

I have 1 Full-time employee(1) for more than 12 months. Job title: IT Technician

I had another part-time employee(2) for 12 months Job Title: Software Developer

Then I had employee(3) on part-time who worked for 7 Months who replaced by another employee(4) who worked for 6 months so total worked for more then 12 months. Both Empoyee 3 and 4 had same job title as Employee 2.

These are details for my employee

I combined employee 2 (to) employee 3 and 4
To make one full time employment