Extension Visa application Refused after interview

[Rahilrafiq]

I live in Southampton. My visa application has been refused today and date of refusal letter Tuesday 3rd April 2018.

however, I have awarded all 95 points.

Refusal fail to pass the genuine entrepreneur test under paragraph 245 DF & 245 dd(I) of immigration rules . Your application has been refused under the immigration rules. the secretary of state not satisfied on balance of probabilities.

cutting story short. below is the refusal reasons.

1- Advertisement figures not matched with the final accounts
2-website similarity index is 95% used by other ***** 2 companies.
3- Services on Website matched with other websites
4-office not sufficient for 04 members and none of the employee presents at work address
5- only one PC Was in office evidence send by compliance officer during interview. you claimed 04 part time employment but space is insufficient of 04 Members of staff (I did interview in my home box room running business consultancy from home.)
6- unable to provide evidence of communication with employees

I applied visa in 21 Aug-17
Bio 28 Aug-17
complex letter 04 Sep-17
Interview Letter 24 October 17
Interview 03 Nov 2017
IHS Refund £400 10 Feb 2018 (200 each me & Partner)
Refusal date 03rd April 2018
category £200k
Director Loan investment 240 K invested
Business & IT consultancy


plz share your thoughts on my refusals. I have decided to go for JR no to go for AR. Any member here who can guide me for JR. I am completing my 10 years in May 2020.
I am getting ready my AR with my immigration consultant to get some time to get my JR documentation.

[Rahilrafiq]

I paid for my website and got the invoice of payment to the genuine company register in UK.

none of my employee was present 02 were at client prmises and 02 were off on interview day.

Box room is just director room. my employee just come on and off work from home or client address

[Rahilrafiq]

my figure not matched bcz i dont remember the exact figure and gave estimated figures of £8000 but later found it wasnt shown in final accounts. I later send the cash invoice to the caseworker of £8000. He requested me to send all advertisement invoice of last three years

[marcnath]

Sorry to hear about this.

The genuineness test does needs it day in court, so if it is you who is willing to take up the costs and effort for that, you would be doing a service for everyone on this route.

Having said that, I still think the chances of success are low.

In my opinion, AR stands a better chance.

One problem with the genuineness tests so far seems to be that it is almost always based on a snapshot around the interview. So arguing that the whole three years or at least much longer period needs to be considered provides a good argument.

However, the success of that depends on what your whole business history has been.
1. How many employees have you had and for how long ?
2. What are they paid - minimum wage or something higher ?
3. What has the 240K been used for ?
4. How's your revenue growth ?

I also find points 2 and 3 interesting - do you agree with the CW's observation ?

[Rahilrafiq]

Employee 04 worked 20 hours each employee
Duration of employemt at time of application (02 Employee 32 months , 02 employee 19 Months)
Turn overs
2014/15 - 95 k
2015/16 - 93k
2016/17 -98k

Profit:
2014/15 - 10.7 k
2015/16 - 8.2 k
2016/17 - 1.1 k

Investment:
spend 35K
Still in business account from personal account: 205k.
Balance still shown 205K.

I use my revenue for business operations. Investment kept in business account.

I will go AR first. If refused then go for JR. Fresh application is going to disastrous.

Fist i was VO. Two my friends refuesed on VO. then I move to new office. Then i move after applying my visa. It was good size room with one director table and one chair with PC and rack of documents files. This was actualy the director room. my employee dont work from my address. they just come on & off. we do employee meeting in our home reception.

[Rahilrafiq]

Sorry to hear about this.

The genuineness test does needs it day in court, so if it is you who is willing to take up the costs and effort for that, you would be doing a service for everyone on this route.

Having said that, I still think the chances of success are low.

In my opinion, AR stands a better chance.

One problem with the genuineness tests so far seems to be that it is almost always based on a snapshot around the interview. So arguing that the whole three years or at least much longer period needs to be considered provides a good argument.

However, the success of that depends on what your whole business history has been.
1. How many employees have you had and for how long ?
2. What are they paid - minimum wage or something higher ?
3. What has the 240K been used for ?
4. How's your revenue growth ?

I also find points 2 and 3 interesting - do you agree with the CW's observation ?

here is the answer macnath

1- Employee 04 worked 20 hours each employee
Duration of employemt at time of application (02 Employee 32 months , 02 employee 19 Months)

2. first 02 on always at minimum rate other two higher than minimum rate

Investment 240 beak up:
spend 35K
remaining Still in business account from personal account: 205k.
Balance still shown 205K.

3-Turn overs
2014/15 - 95 k
2015/16 - 93k
2016/17 -98k

Profit:
2014/15 - 10.7 k
2015/16 - 8.2 k
2016/17 - 1.1 k

I dont knwo this. I paid for the website. I cant understand these two points also. I got the payment invoice to the website designer and web hosing.

I use my revenue for business operations. Investment kept in business account.

I will go AR first. If refused then go for JR. Fresh application is going to disastrous.

Fist i was VO. Two my friends refuesed on VO. then I move to new office. Then i move after applying my visa. It was good size room with one director table and one chair with PC and rack of documents files. This was actualy the director room. my employee dont work from my address. they just come on & off. we do employee meeting in our home reception.

[marcnath]

Ok. I think you have a good argument to make that CW made a mistake by not looking at your overall business over the three year period. Those numbers indicate that you have been running a genuine business.

[Aabdulwaheed]

Sorry to hear your refusal. U actually failed the genuine entrepreneur test. Recently most refusals after interview are based on balance of probabilities. As you mentioned you awarded all 95 points that means they are not questioning yours investment, employment job creation etc. However your own credibility engaging in genuine business & your business credibility as a whole has been questioned. In my opinion & few personal experiences of my friends I would say your chances in AR 50 50. It could be higher if you had supplied that evidence of website payment invoice, explained in detail yours businesses operations. Your employee activity details how they work from homd & evidence of all communication of their work from client premises.
If you hadn’t supplied this to them at the time or after the interview then make sure you arranged all these evidences.
It is always an invitation to compliance officer when you provide halt information or no information. If yoh have smaller office then you must had told to the interviewer about the employee meeting place. You should had shown both rooms as an office. One director rooms & one meeting room & employee work place room.
We can only help u further if u share all correct details written on your refusal letters. We may also need the answers you gave to the compliance officer at the time of interview and any evidence submitted if not submitted any evidence; tell us the reason correctly why you were unable to provide.

[Rahilrafiq]

Ok. I think you have a good argument to make that CW made a mistake by not looking at your overall business over the three year period. Those numbers indicate that you have been running a genuine business.

Thanks Marcnath i am running the business genuinely. I dont want to thrown away all 200k in one go. I kept them in my business account.

i actually failed to convinced them about my business and employees work. I was not a good person to give interview. So much confused.

secondly VO was going to be disastrous as my two other friends refused on ground of not having proper office. i then changed this to my Home address. But i always do business from home. VO just used on my solicitor advise. I change to home on his advise as few of his clients refused. so many things in circles in my mind during interview and i messed up

[Rahilrafiq]

Sorry to hear your refusal. U actually failed the genuine entrepreneur test. Recently most refusals after interview are based on balance of probabilities. As you mentioned you awarded all 95 points that means they are not questioning yours investment, employment job creation etc. However your own credibility engaging in genuine business & your business credibility as a whole has been questioned. In my opinion & few personal experiences of my friends I would say your chances in AR 50 50. It could be higher if you had supplied that evidence of website payment invoice, explained in detail yours businesses operations. Your employee activity details how they work from homd & evidence of all communication of their work from client premises.
If you hadn’t supplied this to them at the time or after the interview then make sure you arranged all these evidences.
It is always an invitation to compliance officer when you provide halt information or no information. If yoh have smaller office then you must had told to the interviewer about the employee meeting place. You should had shown both rooms as an office. One director rooms & one meeting room & employee work place room.
We can only help u further if u share all correct details written on your refusal letters. We may also need the answers you gave to the compliance officer at the time of interview and any evidence submitted if not submitted any evidence; tell us the reason correctly why you were unable to provide.

Thanks aabdulwaheed.

I actually messed up in interview. I changed the office from VO to home. I always was trading from home. My website and company house has VO address. I cant say that previously we work from office as it was VO. So I tell the them wo do this from home and my workers from their home and client premises.

yes you were right i was confused and not a good person to do interview. you can understand my feeling. I made few blunders. I did invited them to get negative points from my business.
They repeatedly asked me where your employee work. I repeatedly said from their home and we do meeting at my home address.

It didnt came into my mind to make my reception as office. I dont have any such employee communication available at the time of interview. i said i dont have rigt now with me.
why you reckon it is 50% chance in AR.? do you think my case is strong for AR

[sm12]

Very sorry to hear about this.
You should explain this in AR.
I think you can go for JR and also submit a new application.
Your friends were turned down only for having a VO? Where were they interviewed?
There is one person on this website who got his extension despite having a VO.

[kaps84]

@Rahilrafiq, your financial numbers are good.

Stay Calm !

and prepare for AR with a cool head, try to write an argument, re-read it and change it over the next few days. Take your time and no need to panic. (Remind yourself that you have a few days time to write a very good argument). Get into the shoes of a third person who is trying to help his friend with this situation (think holistically over 3 years). what will you say (write that down) to your friend as you know the entire situation? and I am sure you will be able to come-up with a good argument.

Frame your argument and explain point by point against the below points.

1- Advertisement figures not matched with the final accounts
2-website similarity index is 95% used by other ***** 2 companies.
3- Services on Website matched with other websites
4-office not sufficient for 04 members and none of the employee presents at work address
5- only one PC Was in office evidence send by compliance officer during interview. you claimed 04 part time employment but space is insufficient of 04 Members of staff (I did interview in my home box room running business consultancy from home.)
6- unable to provide evidence of communication with employees.

What is your nature of business?

[jafersadeq]

Sorry to hear that,
Did you submit extra documents which caused you application complexity ?

[miumiuuk]

These refusal reasons are funny. HO should really go check their IQ.

"1- Advertisement figures not matched with the final accounts
2-website similarity index is 95% used by other ***** 2 companies.
3- Services on Website matched with other websites"

Did CW actually accuse your spending on ad. and websites were not genuine?
(ie. You presented a poor quality website to the compliance officer and this website cost over 10k. which make them think you faking the business expenditures? )

sometimes, you need to know what their thoughts to fight them back.

[mohsensari]

Your accounts shows you have spent 266k in three years,
It’s better to show that you’ve spent from your investment and your balance in bank is from business revenue.

[marcnath]

Your accounts shows you have spent 266k in three years,
It’s better to show that you’ve spent from your investment and your balance in bank is from business revenue.

How do you ever show that ?

[Parveenkumar7]

Hello friend,

I think if the turn overs are genuine there is plenty of room to win this case. Because such turn over need a lot of efforts and it generates the obvious outcome every month, quarter and year. You seem to be above threshold for VAT you must have the VAT history? I could spot there were 4+ employees working you ought to have a lot of history given your turn overs? When it is a contract of services you ought to have employees liability insurance do you have it? You meet with the employees surely there's some follow up around it, can you dig in and get it out? Pay revisions, disciplinaries, maternal paternal leaves, holidays, sick leaves, did you maintain record of this? Is website domain registered in your name? Every single click today is accountable in advertising provided you used digital media, if you did not you still get itemised invoice for advertising on news papers, radios, sign boards etc. I bet you know this as you are a business and IT consultant. Send all this and let me promise you home office application will be as difficult as merely opening a bank account in Barclay's