Extention Refused - AR or Fresh Application

[kamal2000]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

 
2. Maintenance funds
 
They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

I am now in dilemma what would be my option AR or Fresh Application ?

[CR001]

2. Maintenance funds

They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

The requirement is to maintain the balance for the whole period of 90 days, with no dips in balance at all.

[marcnath]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

2. Maintenance funds

They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

 

I assume you are post April 2014.

If so, the requirement is not 24 months but two JOBS of 12 month each. So, additional jobs is not goign to help to make up the 1 month shortage on Job 2. Again it is NOT employees, but JOBS. So, depending on the dates of your employees, a fresh application done correctly should solve that.

If you are pre April 2014, this can be overturned in an AR.

While CR001 is correct on the strict interpretation of the rules, I would have considered it reasonable to consider balance at the end of the day. If the statement shows the balance to have met the requirement on the end of the day, I would think your chances on an AR are very good.

[Momi]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

 
2. Maintenance funds
 
They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

I am now in dilemma what would be my option AR or Fresh Application ?

Really sorry about your refusal.
Job creation requirement is pretty straightforward, you should have 2 jobs for 12 months each.
If one employee left after 11 months then you could replace him with other one for additional one month. It's clear that you didn't meet the requirements.
Maintenance funds, if a single penny will go down the required amount, home office refuse the applications. There have been so many cases.

[tier1visaanil]

Hello Kamal2000,
Thats very quick.
I also applied on January 6th 2018. What documents did you send? Did you not receive any complex letter? Seems you sent very minimum papers? What was the total weight of the documents you sent by Royal Mail?
I received complex letter on January 12, 2018.

[zimba]

When did you apply for your initial Tier 1E visa ?? Also as other pointed out, maintenance funds need to be maintained at all times without any dips

[kamal2000]

When did you apply for your initial Tier 1E visa ?? Also as other pointed out, maintenance funds need to be maintained at all times without any dips

Hi Zimba

I applied initially on 10 Jan 2014 then they refused on 23rd march 2014 I went to the appeal and the decision favoured me and then got visa on 2nd jan 2015 . My other business partner left the company as he got the ILR on long residency and I am on my own .

Therefore I consider my case as Pre April 2014 .The other 4 employees were not counted because the case worker thinks that I am post April 2014.


When at the time of application I was relying on the bank transactions printed on Barclays Kiosk and the tiller stamped on it. At that time It was shown dips but the end of the day it was maintained.


Amazingly , the original bank statements are not showing any dips . now I’ve search the transactions of those particular 90 days , there’s no dips .


Therefore I am planning for AR , any other suggestions would be appreciated.

[kamal2000]

Hello Kamal2000,
Thats very quick.
I also applied on January 6th 2018. What documents did you send? Did you not receive any complex letter? Seems you sent very minimum papers? What was the total weight of the documents you sent by Royal Mail?
I received complex letter on January 12, 2018.

Hi Anil ,

The documents were similar those which have been posted on this forum. No Complex letter and NO interviews. I did not weigh , it was a big parcel though.

Best wishes for you.

[kamal2000]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

2. Maintenance funds

They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

 

I assume you are post April 2014.

If so, the requirement is not 24 months but two JOBS of 12 month each. So, additional jobs is not goign to help to make up the 1 month shortage on Job 2. Again it is NOT employees, but JOBS. So, depending on the dates of your employees, a fresh application done correctly should solve that.

If you are pre April 2014, this can be overturned in an AR.

While CR001 is correct on the strict interpretation of the rules, I would have considered it reasonable to consider balance at the end of the day. If the statement shows the balance to have met the requirement on the end of the day, I would think your chances on an AR are very good.

Hi Marcnath,

I applied initially on 10 Jan 2014 then they refused on 23rd march 2014 I went to the appeal and the decision favoured me and then got visa on 2nd jan 2015 .

When at the time of application I was relying on the bank transactions printed on Barclays Kiosk and the tiller stamped on it. At that time It was shown dips but the end of the day it was maintained.

Amazingly , the original bank statements are not showing any dips . now I’ve search the transactions of those particular 90 days , there’s no dips .

[marcnath]

Hi Marcnath,

I applied initially on 10 Jan 2014 then they refused on 23rd march 2014 I went to the appeal and the decision favoured me and then got visa on 2nd jan 2015 .

When at the time of application I was relying on the bank transactions printed on Barclays Kiosk and the tiller stamped on it. At that time It was shown dips but the end of the day it was maintained.

Amazingly , the original bank statements are not showing any dips . now I’ve search the transactions of those particular 90 days , there’s no dips .

Ok. I am confident the decision will be reversed on AR.

Employment is straightforward - I guess CWs are not expecting pre-April 2014 cases any more, so may have missed your earlier application date.
The bank balance is a little more unsure but your chances are very high that they will accept your position. Include the original bank statements with your AR, emphasising that they are not new documents, but only supporting validation documents for those already submitted with the application.

[sm12]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

 
2. Maintenance funds
 
They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

I am now in dilemma what would be my option AR or Fresh Application ?

Sorry to hear about this.
Can you explain the breakdown of how you worked out employment?

[kamal2000]

Applied on 02 January 2018
Biometric on 20 January 2018

No Exceptional Case and Interview

Rejection 09 February 2018 (Very quick)


1. The Home Office have incorrectly assessed me under the rules post April 2014 and it appears they have only taken into account Employee A who was employed for at least 12 months and Employee B who was employed for 11 months. The table and evidence submitted clearly then showed I have 4 other employees who have worked both full and part time to make up the extra 1 month and the total exceeded the 24 month requirement by far.

 
2. Maintenance funds
 
They have said that I do not meet the maintenance requirement as my balance went into minus on 1 December. I have looked at the statement I found the amount fall minus is the amount I replaced in same day. So the closing balance was maintained.

I am now in dilemma what would be my option AR or Fresh Application ?

Sorry to hear about this.
Can you explain the breakdown of how you worked out employment?

Hi SM
Here is my employment creation in Brief

Employee A Part Time - Claimed hrs - 910
Employee B Full Time - Claimed Hrs - 1530
Employee C Full Time Then Part Time Claimed Hrs - 780
Employee D Part Time Claimed Hrs 195
Employee E Part Time Claimed Hrs 325
Employee F Full Time Claimed Hrs 160

That’s total of 3900 hours more than the requirement , the Actual hours exceeds 4200. These are only the claimed hours with the FT/PT combination of jobs Not based in hours .

[marcnath]

Hi SM
Here is my employment creation in Brief

Employee A Part Time - Claimed hrs - 910
Employee B Full Time - Claimed Hrs - 1530
Employee C Full Time Then Part Time Claimed Hrs - 780
Employee D Part Time Claimed Hrs 195
Employee E Part Time Claimed Hrs 325
Employee F Full Time Claimed Hrs 160

That’s total of 3900 hours more than the requirement , the Actual hours exceeds 4200. These are only the claimed hours with the FT/PT combination of jobs Not based in hours .

If you have been following this forum, this message keeps getting repeated - Total hours is irrelevant
If you have read the guidance, you would have noticed that there is absolutely no reference to total hours.
So, this particular set of employee information gives no insight.
The requirement is clear - you need to have 24 months (or 104 weeks) of FT equivalent jobs, FT being defined as 30 hrs/week.
So, if a job has been six months of 60 hrs/week, you may feel that the total hours is met for 12 months FT, but it is not - it is only six months of job, not 12 months.

[sm12]

Hi SM
Here is my employment creation in Brief

Employee A Part Time - Claimed hrs - 910
Employee B Full Time - Claimed Hrs - 1530
Employee C Full Time Then Part Time Claimed Hrs - 780
Employee D Part Time Claimed Hrs 195
Employee E Part Time Claimed Hrs 325
Employee F Full Time Claimed Hrs 160

That’s total of 3900 hours more than the requirement , the Actual hours exceeds 4200. These are only the claimed hours with the FT/PT combination of jobs Not based in hours .

Hi

Could you please provide a breakdown month by month per worker?

[kamal2000]

Hi all ,

Thank you for your input.

Just got message from my solicitor that the HO overturned the decision.

Very happy for this.

Thank you all.

[zimba]

Fantastic. It was obvious that CW made errors so common sense prevailed

[Roin]

Hi all ,

Thank you for your input.

Just got message from my solicitor that the HO overturned the decision.

Very happy for this.

Thank you all.

Congratulations Kamal, well done

[marcnath]

Hi all ,

Thank you for your input.

Just got message from my solicitor that the HO overturned the decision.

Very happy for this.

Thank you all.

Congratulations - that was pretty much as expected.
It is still a pity CWs make these mistakes and put applicants through unnecessary stress.

[Rockey]

Hi seniors,


Can i send photo copies of employees contract letter to home office or it must be original?

And i am claiming points for only two employess so do i need to send third employees passport copy and wages slips as well?


Thanks in advance for helping me out!

[CR001]

Hi seniors,


Can i send photo copies of employees contract letter to home office or it must be original?

And i am claiming points for only two employess so do i need to send third employees passport copy and wages slips as well?


Thanks in advance for helping me out!

You have a topic already, please kindly post there instead of tagging onto another members thread. This one is not a general discussion topic.