extension Visa been refused, AR and new application HELP!! job creation

[robgrace]

Dear all,
I just receive my T1 E extension refusal on 29/03/18, the letter issused on 26/03/18. My application sent on 30/08/2016. It says I have 14 calendar days after the date on I received the decision to apply for AR.
I have a few quetions would like to get help.

1. I got 0 points on jobs creation. It says' The evidence that you have submitted shows hourly rates for both of your employees of 6.68 per hour from 06/10/2015 to 05/04/2016, this rate is below the national minimum wage for the period, therefore these hours have not been assessed. Using the remaining information we can only calculate a total of 2340 hours worked, which falls short of the 3120 hours required.'

Both of my employees work 35 hours per week from Mon to Fri. I submited the contract and accountant letter to prove it. I paid them annual salary, from 06/10/2015 to 05/04/2016 their gloss rate is 1020 per month. My accountant and I use the software to caculate before 10/2015 and confirm the hours rate is 6.73. It should meet the minimum wage over 6.70 during that period.

I tried to see how caseworker consider the hours rate, and counted how many working days during that period. I found it is different as what I check with the sofeware.

Is there anything I can do to argue it or remedy it? One of the employee left company in Aug 2016. I submitted her P45 with my application. I also submitted both employee's P60 for 2015/2016.

I know if their working hours is 32.5 hours per week, the wages should not be a problem. But I feel difficult to argue the working hours as it is clearly on my employee contract and accountant letter.

Hope someone can help me with this AR!


2. I had a dependant applied with me together. If I go to AR, will she need to apply her AR seperatly?

3. I am also thinking to make a fresh application. Do I need to pay IHS on my fresh application or I can use the old IHS reference as I only receive partial refund.

4. My last visa expiry on 20/09/2016. It will be 5 years since the first grant T1E visa in Sep 2018. I can go to 10 years route in Feb/Mar 2019. If my visa fail at my second time, is there any chance for me to apply ILR or change to other visa to make up the time?

5. For the fresh application, I am thinking to use AR time to get more time to prepare. If I apply AR on 10/04. Will the AR results comes out in two weeks? Will it too tight if I submitted fresh application at the end of April or early May?

6. If I make fresh application after AR refuse, Can I still apply ILR with 5 years T1 E route in Aug 2018? Or Can I still able to use 10 years route?


I didn't use any solicitor for my extension, I submitted too many materials on my last application. Nealy all of the invoice or contract regards my business. It may give them 19 months to deal with my case. Can I not submit any business contract in my fresh application? Is it worth to apply by myself or get a solicaitor to help?

Many thanks.

[grenland7862]

hi
I am sorry for your refusal, it seems your accountant haven't provided full information about national living wages rule, government introduced new law regarding living wages rates from April 2016 onwards for employees age over 25 years.
Please visit HMRC website to verify whether you have paid correct rates in relevant periods. If you paid correct rates and that was the only reason for refusal then you need to explain in JR and get accountant letter as well to explain this throughly.

[marcnath]

1. Good example of the pitfalls of submitting unnecessary documents - employee contract, accountant letter, p45, p60 all were not needed. What was the hourly rate you included in the job table ? Was that over the minimum. Without the actual documents can’t try to figure out how CW calculated the hourly rate. But if the monthly salary in the FPS/wage slip divided by the hourly rate in your job table is more than 130 hrs in a month, you can just argue in the AR that it should be the way CW should have calculated and that the other documents are irrelevant. That the worker was not always needed to work 35 hrs and that the contract reflected what the intention was at hiring time.
2. No only you need to submit AR
3. I am not 100% sure. You can use three old reference. I am sure they will come back if they want you to pay again
4. If AR fails, you can make a fresh application and if it is not decided by Sep, you should be able to vary it to an ILR. If fresh application is unsuccessful you will not be able to get your 19 yr ILR

[robgrace]

1. Good example of the pitfalls of submitting unnecessary documents - employee contract, accountant letter, p45, p60 all were not needed. What was the hourly rate you included in the job table ? Was that over the minimum. Without the actual documents can’t try to figure out how CW calculated the hourly rate. But if the monthly salary in the FPS/wage slip divided by the hourly rate in your job table is more than 130 hrs in a month, you can just argue in the AR that it should be the way CW should have calculated and that the other documents are irrelevant. That the worker was not always needed to work 35 hrs and that the contract reflected what the intention was at hiring time.
2. No only you need to submit AR
3. I am not 100% sure. You can use three old reference. I am sure they will come back if they want you to pay again
4. If AR fails, you can make a fresh application and if it is not decided by Sep, you should be able to vary it to an ILR. If fresh application is unsuccessful you will not be able to get your 19 yr ILR

Thank you Marcnath.

[robgrace]

We found the reason CW calculated the hourly rate as 6.68 during 06/10/2015-05/04/2016 was because the accountant's letter made mistake! He wrote 6.68 on the letter.
The correct hourly rate should be 6.73, it is over national minimum wage standard.
The reason we submitted accountant's letter to prove job creation is the payslip only shown monthly salary, it didn't shown hourly rate. Also the employee salary increase twice in 15 months(from start date to the application sent date)

We also have employee contract to say how many working hours per week, and their annual salary rate at the beginning. We didn't have any other document to state their annual salary increase twice except accountant's letter.

Is there any chance to argue this because of accountant's mistake in AR?

Thanks you.

[zimba]

The hourly rate on the form is what it matters. Why did you include an accountant letter which is clearly NOT REQUIRED ?

[marcnath]

We found the reason CW calculated the hourly rate as 6.68 during 06/10/2015-05/04/2016 was because the accountant's letter made mistake! He wrote 6.68 on the letter.
The correct hourly rate should be 6.73, it is over national minimum wage standard.
The reason we submitted accountant's letter to prove job creation is the payslip only shown monthly salary, it didn't shown hourly rate. Also the employee salary increase twice in 15 months(from start date to the application sent date)

We also have employee contract to say how many working hours per week, and their annual salary rate at the beginning. We didn't have any other document to state their annual salary increase twice except accountant's letter.

Is there any chance to argue this because of accountant's mistake in AR?

Thanks you.

As I mentioned earlier, you should argue that the accountant's letter is an unspecified document and the CW should have relied only on the specified documents - FPS, Payslip and the application form. Assuming you filled in the Job Table in the application form correctly, I would assume you would have a good chance.

Of course, it is a silly argument to argue against the documents you yourself submitted (and should have checked for accuracy) but hopefully the reviewers will overlook the silliness and just follow the rules (something you did not do).

On the positive side, a fresh application without the accountant letter would be successful if the AR is refused.

Good luck with the AR.

[robgrace]

Just a quick update about my AR. It is been approved and received my BRP today. Thank you for everyone who helped me in the board. It was painful to wait the visa for 19 months.

I am going to apply ILR with 10 year route in Feb 2019. Do I necessary to keep 2 empolyee until that time?
Thank you.

[marcnath]

Just a quick update about my AR. It is been approved and received my BRP today. Thank you for everyone who helped me in the board. It was painful to wait the visa for 19 months.

I am going to apply ILR with 10 year route in Feb 2019. Do I necessary to keep 2 empolyee until that time?
Thank you.

Congratulations and good to hear.
What was the final argument you submitted ?
If you are applying for ILR in Feb 19, then you can use the jobs created 12 months before then, i.e between March 18 and Feb 19. You need 24 months of job creation in that period.

[robgrace]

Just a quick update about my AR. It is been approved and received my BRP today. Thank you for everyone who helped me in the board. It was painful to wait the visa for 19 months.

I am going to apply ILR with 10 year route in Feb 2019. Do I necessary to keep 2 empolyee until that time?
Thank you.

Congratulations and good to hear.
What was the final argument you submitted ?
If you are applying for ILR in Feb 19, then you can use the jobs created 12 months before then, i.e between March 18 and Feb 19. You need 24 months of job creation in that period.

I am not going to use T1E 5 years route to apply ILR but use 10 years route. Do I still need to keep the job creation?

Re AR, we gave our calculation to case worker with the link from Gov.com regards anuual salary to hourly salary. We also let them ignore accantant's incorrect letter.

[marcnath]

Just a quick update about my AR. It is been approved and received my BRP today. Thank you for everyone who helped me in the board. It was painful to wait the visa for 19 months.

I am going to apply ILR with 10 year route in Feb 2019. Do I necessary to keep 2 empolyee until that time?
Thank you.

Congratulations and good to hear.
What was the final argument you submitted ?
If you are applying for ILR in Feb 19, then you can use the jobs created 12 months before then, i.e between March 18 and Feb 19. You need 24 months of job creation in that period.

I am not going to use T1E 5 years route to apply ILR but use 10 years route. Do I still need to keep the job creation?

Re AR, we gave our calculation to case worker with the link from Gov.com regards anuual salary to hourly salary. We also let them ignore accantant's incorrect letter.

Sorry, missed that you were going for LR.

No, there is no requirement to keep the employment in that case.