TIER 1 ENTREPRENEUR EXTENSION REFUSED

[Charann]

hi,
Can anyone help me in this case please,

I have applied for Tier 1 entrepreneur visa extension on 18th FEB 2017. After an year they have refused the application by point based system.
Reasons are,
1. No documents provided from the companies house to show the filing history.
[MY MISTAKE: I have provided a document shows only company details but not me as a director ]
2. No companies house current appointment letter provided to demonstrate that I am the director.
[MY MISTAKE:I have provided company registration certificate which shows that i am the director]
3. No Real time submissions provided from HMRC
[MY MISTAKE: I have given payslips and thought it has PAYE number on top ]
4. No documents have given to demonstrate Employees are settled in UK.
[MY MISTAKE: Employees full name is enough for border Agency]
5. Fund Maintenance (personnel bank statement ) is not covering full 90 days period.
[MY MISTAKE: Asked at the bank to give a 90 days statement before applying and got stamped letterhead from manager mentioning that I have maintained but haven't checked they did not give proper 90 days printout though i had more than 90 days]

NOTE:
I have had a visit from home office to interview me at the business registered office place on November 4th 2017. They have asked me to provide documents such as
1.Employees details
[GIVEN: passport and details to prove that they are british citizens ]
2.Company accounts
[GIVEN:Company accounts return copy and accounted file history with accountant statement with signature]
3. Company Contract
[GIVEN: Company contract forms to show contracted hours]
4. Pension enrolment
[GIVEN: pension scheme enrolment]
5.Holiday proof
6. Employee communication proof

Hope you understand my issues and please give me suggestions
Thanks,
Charan

[marcnath]

As you have said, most of those are your mistakes.
The only one you can argue is on the Settled Workers based on the documents you sent after interview, which they could have (but don't have to) consider.
So, you only option is to submit a fresh application with the correct documents. I hope you have maintained the necessary funds for maintenance.

[zimba]

So you didn't send ANY of the required documents

[seasky]

Thought was april fools...

Take application seriously this time ...

[Momi]

Come on man. How someone can do so many mistakes.
Go through the policy guidance and prepare your policy guidance accordingly.

[Charann]

Does anyone know a soloisiter in Edinburgh or Glasgow who dealt with same kind of case?

[CR001]

Does anyone know a soloisiter in Edinburgh or Glasgow who dealt with same kind of case?

Members are not permitted to post details/names or information about solicitors on the forum.

https://www.gov.uk/find-an-immigration-adviser

[ishfaqsangra]

Hopefully he/she will get it right this time

Thought was april fools...

Take application seriously this time ...

[CULLINAN]

I understand that are a lot of mistakes. But most worrying is that HO interviewed after 9 months rather just refusing on the documents itself. Isnt this a waste of resources and proper poor service standard?

Guess you can apply for a fresh application rectifying all your mistakes. Goodluck!

[mohsensari]

Read the guidance very carefully ( I suggest to print it out and read several times and hilight the required documents). I don’t want to say but unfortunately this is your last chance.

[bizman]

This are terrible mistakes. You better prepare very well for fresh application

[Charann]

Guys,
1. Is there anything I should do on Administrative Review (any format, points, methods)?
2. For a fresh application should I only keep the missing documents ( in perfect way) or should I cover until now? Please help!

[marcnath]

Guys,
1. Is there anything I should do on Administrative Review (any format, points, methods)?
2. For a fresh application should I only keep the missing documents ( in perfect way) or should I cover until now? Please help!

1. The format of your AR does not matter. It will definitely be rejected. So it is there only to give you some time for the fresh application
2. A fresh application is a completely new application. You have to everything as if it were the first application- the only documents from the first application you can rely on are originals like passport and BRP

[bizman]

As Mcnath has said, just use the AR to buy time to prepare a solid fresh application and then re apply. If you put your documents together properly, there is hope of getting it the second time.

[Charann]

AR decision received and it has been rejected.

In the front page of the decision letter, it has been given as 'If you have any reason to stay in the UK that you have not already told us about, you must tell us now or at the latest within 14 days of receiving this letter'. Under Enforcement notice - liability and removal section: it says 'if you wish to seek legal advice you should do so now. You will not be removed for the first seven days after you receive this notice'. Please advise which timeline I should follow to submit my new application 14 days or 7 days?

[seasky]

AR decision received and it has been rejected.

In the front page of the decision letter, it has been given as 'If you have any reason to stay in the UK that you have not already told us about, you must tell us now or at the latest within 14 days of receiving this letter'. Under Enforcement notice - liability and removal section: it says 'if you wish to seek legal advice you should do so now. You will not be removed for the first seven days after you receive this notice'. Please advise which timeline I should follow to submit my new application 14 days or 7 days?

More importantly have you properly prepared your new application? You are clearly not detailed oriented (like me) so did you seek external help e.g. solicitor?

[Charann]

I've got advice from solicitor and the plan was to do it asap. Actually, I received my decision letter on 23/March, I've contacted the solicitor and he told to prepare all the documents for a new application. I've collected/prepared all the required documents, after 2 days he is not responding to my email or phone. Now I'm trying to find a new solicitor so I'm worried about the two different statements mentioned about the dates(7 days & 14 days).

[marcnath]

I've got advice from solicitor and the plan was to do it asap. Actually, I received my decision letter on 23/March, I've contacted the solicitor and he told to prepare all the documents for a new application. I've collected/prepared all the required documents, after 2 days he is not responding to my email or phone. Now I'm trying to find a new solicitor so I'm worried about the two different statements mentioned about the dates(7 days & 14 days).

When you received your initial refusal, it was already clear that the AR will be rejected.Why did you even wait for the AR result to start preparing for the fresh application ?
The 7 days and 14 days are two different things as the letter points out.
The enforcement division is giving you a minimum of 7 days before they take action - does not mean they will take action on Day 8. Just that they will not take action on Day 1 to Day 7.
As the letter says, you should inform them NOW if there is a reason to stay and you should do that. You should inform them that you are filing a fresh application and will do so within 14 days.

[Charann]

Thanks for your reply.

I had collected all the required details and the application is ready.

However as I said the solicitor I had contacted is not responding for the last few days. So I had to look for a new solicitor to review my details before I submit.

I had checked the decision letter and it's asking to inform them through the website www.gov.uk/ukvi. I couldn't find any contact info to inform them, I thought if I submit the fresh application before 14 days then it was the way to inform home office. Please correct me if I'm wrong.

[seasky]

Since you knew application was long due, why didn't solicitor ALREADY check application?

What if solicitor now says you need form xyz that may take a week or two to get??

You have a death not get visa wish

[bizman]

As Mcnath earlier said, before the expiration of the 7 days inform the enforcement team you are submitting a fresh application and do it as soon as possible. With all the resources available on this platform, the guidance notes, immigration rules and the refusal reason stated in the refusal letter you should be able to put a strong application together without much ado. Good luck.