Tier 1 Curtailed - New Application Refused - AR Refused - Spent £300k - Looking for solid help

[Tizzle_Wicks]

Been on and off reading the forum for about 3 years now - My situation is very odd so i'll start with a TL;DR for those who are busy and answer the questions for clarification as we go along

TL;DR -
• Completed my degree here in the UK (Architecture)
• Requested from the business school to endorse my idea
• Vice chancellor issued approval letter
• Applied for Tier 1 GE Visa, approved for 3 year 10 months
• University didn't provide any of the support they promised they would
• Asked me to pay £1500 for "business coaching"
• Refused to coached by so called "business coach" as she had no credentials/experience
• Said if I don't pay her she would not endorse the visa - which I already got approved by HO
FAST FORWARD TO END OF 2ND YEAR
• Started and ran cleaning company [COMPANIES HOUSE REGISTERED + BUSINESS BANKING]
• Started architecture company providing services for clients internationally
• Built multiple start up offices with business partners in the area locally
• Worked with city council as business delegate to multiple cities in china
• Invested £105,000 in business partners to build and renovate buildings in the northwest
• Raised over £325,000 in investment for Healthcare Services
• Increased value of buildings to over £500,000 in St Helens
FAST FORWARD TO LAST 6 MONTHS
• Curtailment noticed arrived Oct 17
• Applied for extension immediately to switch to Tier 1 General
• Did not have enough time to fulfil maintenance fees but applied anyway as I didn't want to miss the window
• Signed a £1.2m deal to build AND manage Mental Healthcare facility on the 1st Dec 17
• Application took about 20 weeks
• Rejection issued on my 29th birthday (Mar 18)
FAST FORWARD TO NOW
• Grounds of refusal : [1] Failed to produce companies house appointment report [2] Failed to produce stamped documents by bank [3] Because [1] & [2], the rest of the application is useless [4] Maintenance funds did not fulfil full time
• Spoke to immigration lawyer - paid him £250 to re-read everything on the letter and tell me my chances are low even though I met all the requirements
• Requested for him to help me out with the cover letter and he said that would be another £3500
• Rang up local MP to ask for cover letter to give me a chance to resubmit the document based on the first ground of refusal
• Went online and went ahead with AR
• No options available to submit the documents so I e-mailed them instead
• Waited 4 weeks - now where we are 17/Apr/18

I want to apply myself in the city that taught me everything I know about business and architecture. Spent 3 years building everything up from the ground and am asked to leave because of a series clerical mistake.

Any advice is very much welcome.

[ssb27]

Sorry about your refusal.
But to be honest, the refusal was expected because of the lack of maintenance fee for starters.

Have you maintained 3 months maintenance fee in your account right now?
Your best option is to start preparing to submit a fresh application with all the right documents, because the chances of AR being accepted is extremely low. you can't send additional docs for AR, your rejection was not a case worker error if you didn't provide a CAR, maintenance fee and a bank officiated statement.

The reasons for refusal are easily corrected in second application. My advise is to take your time and check the docs 5 times before submitting, as it was obvious the first application was done in a hurry and carelessly.

Goodluck

[CR001]

Curtailment noticed arrived Oct 17

Why was your visa curtailed??

Applied for extension immediately to switch to Tier 1 General

Presumably this is a typo??

What is the exact full text of the refusal letter, taking out all personal details?

[Tizzle_Wicks]

Curtailment noticed arrived Oct 17

Why was your visa curtailed??

Applied for extension immediately to switch to Tier 1 General

Presumably this is a typo??

What is the exact full text of the refusal letter, taking out all personal details?

E-mail from HO

On 22 February 2015 you were granted leave to enter the United Kingdom until 22 June 2018
but University of Liverpool withdrew its endorsement of you. You accordingly no longer meet
the requirements of the Immigration Rules under which your leave to enter was granted.
It is not considered that the circumstances in your case are such that discretion should be
exercised in your favour. The Secretary of State therefore curtails your leave to enter the United
Kingdom under paragraph 323(c) of the Immigration Rules so as to expire on 20 October 2017.
Before your current leave to enter or remain expires you must either leave the United Kingdom
or submit a fresh application for leave to remain.

[ssb27]

Apologies Tizzle_Wicks.

Ignore my advise, I missed the curtailment notice part.

[CR001]

Curtailment noticed arrived Oct 17

Why was your visa curtailed??

Applied for extension immediately to switch to Tier 1 General

Presumably this is a typo??

What is the exact full text of the refusal letter, taking out all personal details?

E-mail from HO

On 22 February 2015 you were granted leave to enter the United Kingdom until 22 June 2018
but University of Liverpool withdrew its endorsement of you. You accordingly no longer meet
the requirements of the Immigration Rules under which your leave to enter was granted.
It is not considered that the circumstances in your case are such that discretion should be
exercised in your favour. The Secretary of State therefore curtails your leave to enter the United
Kingdom under paragraph 323(c) of the Immigration Rules so as to expire on 20 October 2017.
Before your current leave to enter or remain expires you must either leave the United Kingdom
or submit a fresh application for leave to remain.

And my other two questions??

What was the most recent refusal text, not the curtailment text?

What date did you submit a new application (now refused)??

[Tizzle_Wicks]

Curtailment noticed arrived Oct 17

Why was your visa curtailed??

Applied for extension immediately to switch to Tier 1 General

Presumably this is a typo??

What is the exact full text of the refusal letter, taking out all personal details?

E-mail from HO

On 22 February 2015 you were granted leave to enter the United Kingdom until 22 June 2018
but University of Liverpool withdrew its endorsement of you. You accordingly no longer meet
the requirements of the Immigration Rules under which your leave to enter was granted.
It is not considered that the circumstances in your case are such that discretion should be
exercised in your favour. The Secretary of State therefore curtails your leave to enter the United
Kingdom under paragraph 323(c) of the Immigration Rules so as to expire on 20 October 2017.
Before your current leave to enter or remain expires you must either leave the United Kingdom
or submit a fresh application for leave to remain.

And my other two questions??

What was the most recent refusal text, not the curtailment text?

What date did you submit a new application (now refused)??

Most recent refusal - Did not meet enough PBS points. Out of majority of the points it was because I did not submit the right documents. [Which I assumed was quite easy to obtain if they did a 1 minute google search on companies house]

Submitted the application to switch from Tier 1 GE TO Tier 1 General on Nov 17 - Got a refusal response in March 18

Submitted for AR and got refused yesterday

I've never considered submitted a FRESH application because of the curtailment... does that mean I have to repay all the fees? At the moment they have not returned me my passport.

[CR001]

Most recent refusal - Did not meet enough PBS points. Out of majority of the points it was because I did not submit the right documents. [Which I assumed was quite easy to obtain if they did a 1 minute google search on companies house]

It is your responsibility to submit the required documents and not HOs responsibility to go look for it.

Submitted the application to switch from Tier 1 GE TO Tier 1 General on Nov 17 - Got a refusal response in March 18

Again, is this a typo as it is not possible to apply for Tier 1 General in 2017 as it is a closed visa category.

If your visa was curtailed to 20th October 2017 and you only applied in November (what date exactly??), you submitted an out of time application.

The Secretary of State therefore curtails your leave to enter the United
Kingdom under paragraph 323(c) of the Immigration Rules so as to expire on 20 October 2017.

I've never considered submitted a FRESH application because of the curtailment... does that mean I have to repay all the fees? At the moment they have not returned me my passport.

You have to pay fees for each application you make. You also won't get your passport back as you are now in the UK with no legal status.

[zimba]

This case shows why you need to seek proper advice when you receive a curtailment notice and not go on your own, particularly when your understanding of the immigration system is so poor. The OP failed to apply in-time to protect himself under section 3C, failed to send the correct documents and obviously never read the Tier 1E visa guide (he thinks he applied under Tier 1 General)

My advice is that now you cannot get visa within the UK due to the fatal mistakes, you should leave the UK asap and apply from home for a fresh Tier 1E entry clearance to come back

[Tizzle_Wicks]

Submitted the application to switch from Tier 1 GE TO Tier 1 General on Nov 17 - Got a refusal response in March 18

Again, is this a typo as it is not possible to apply for Tier 1 General in 2017 as it is a closed visa category.

The Secretary of State therefore curtails your leave to enter the United
Kingdom under paragraph 323(c) of the Immigration Rules so as to expire on 20 October 2017.

You have to pay fees for each application you make. You also won't get your passport back as you are now in the UK with no legal status.
[/quote]

1) I did not apply for the Tier 1 General, I applied to switch FROM a Tier 1 Graduate Entrepreneur, I am not aware that it is now a closed visa category.

2) My mistake, I've got my Biometric prints sent out on the 9th of October.

3) How am I meant to leave the country without my passport? (I've googled for this and have not found a decent answer). On this most recent letter it states that I have 14 days to inform them that I have a reason to stay in the UK, again, how without my passport?

[CR001]

Unless you post the exact dates of each step, it is very difficult for us to work out what you are trying to say.

1) I did not apply for the Tier 1 General, I applied to switch FROM a Tier 1 Graduate Entrepreneur, I am not aware that it is now a closed visa category.

Fine, but switched to what visa category?? You stated you applied to switch TO tier 1 general.

2) My mistake, I've got my Biometric prints sent out on the 9th of October.

Again, exact dates of the sequence of events from the date you received the curtailment visa.

3) How am I meant to leave the country without my passport? (I've googled for this and have not found a decent answer). On this most recent letter it states that I have 14 days to inform them that I have a reason to stay in the UK, again, how without my passport?

HO will return your passport to you at the airport once you give them a date you are leaving.

[Tizzle_Wicks]

Unless you post the exact dates of each step, it is very difficult for us to work out what you are trying to say.

Fine, but switched to what visa category?? You stated you applied to switch TO tier 1 general.

HO will return your passport to you at the airport once you give them a date you are leaving.

I'm probably butchering the formatting right now... apologies as this is my first time posting

DATES :
21 Aug - Email for curtailment received
(Missed the email until mid Sept)
21 Sept - Sent in fresh application for Tier 1 [https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa] under previously TIER 1 GRADUATE ENTREPRENEUR
03 Oct - Biometric request received from HO
09 Oct - Sent off Biometric and confirmed by post office
09 Mar - Refusal letter
16 Mar - Applied for AR
13 Apr - AR Refused

Again, sorry for the confusion I am in a very bad head space at the moment.

[marcnath]

Sorry to hear about the refusal and empathise with the tough time you are going through.

But, looking through all of this, there have been so many mistakes made that it tough to really offer much consolation.

You still seem to be confused about which Visa you applied for. From the link you sent you applied to switch to Tier 1 Entrepreneur, which is correct.

You have plenty of time between Sept and the March to have sent in the maintenance funds once you had 90 days. While there is no guarantee HO has to accept it, they generally would have.

And the same with the other documents - CAR, etc. you could have sent them in as soon as you had them.

[Which I assumed was quite easy to obtain if they did a 1 minute google search on companies house]

Sorry but this is the kind of comment that really raises my ire. You have one application to handle - yours. A CW possibly is handling 10-20 applications at least at any point in time. Having the expectation that they should do the work that you should have done is downright inconsiderate.

The T1-GE visa has a requirement for the sponsorship to continue - why did you not apply to switch once you had the first indication that the college may not continue to support ?

I am also not clear what investment evidence you provided. The 105K you invested would not be accepted towards your evidence as it is clearly a property development investment.

Overall you have quite some impressive achievements - something I am sure you are personally proud of.

But, for your visa, these are not simple clerical mistakes and there is not much that I can suggest as options other than what zimba said - leave UK without delay and make a fresh T1 Entrepreneur application from outside.

[Tizzle_Wicks]

....

But, for your visa, these are not simple clerical mistakes and there is not much that I can suggest as options other than what zimba said - leave UK without delay and make a fresh T1 Entrepreneur application from outside.

We are 2 weeks away from starting the project - no one else I know is going to take this project on board. Putting the project on hold will mean I'm losing up to 5-6k on interest alone.

What are my odds of just resubmitting a new application with the right documents this time?

Again - many thanks for all your advice.

[Tizzle_Wicks]

Sorry but this is the kind of comment that really raises my ire. You have one application to handle - yours. A CW possibly is handling 10-20 applications at least at any point in time. Having the expectation that they should do the work that you should have done is downright inconsiderate.

The T1-GE visa has a requirement for the sponsorship to continue - why did you not apply to switch once you had the first indication that the college may not continue to support ?
outside.

1) 100% my mistake to assume they would cross documents with HMRC

2) Again, assumption that the 3 year 10 month was set. When I spoke to the university immigration department asking why I had 3 years instead of 12 months like everyone else, they said that once issued, the duration will not be redacted.

And I would like to apologise if I came across as inconsiderate as this whole visa thing came abruptly and I am not well versed to fill in all the mountain of forms inbetween running business that wasn't making much profit until the last 3 months.

[marcnath]

....

But, for your visa, these are not simple clerical mistakes and there is not much that I can suggest as options other than what zimba said - leave UK without delay and make a fresh T1 Entrepreneur application from outside.

We are 2 weeks away from starting the project - no one else I know is going to take this project on board. Putting the project on hold will mean I'm losing up to 5-6k on interest alone.

What are my odds of just resubmitting a new application with the right documents this time?

Again - many thanks for all your advice.

You possibly need to get more professional advice on this.

Your previous leave was curtailed as of end Oct 17. Of course, you made an in-time application in Sep 17, so got Section 3C protection. So you may still make a fresh application within 14 days of the AR decision.

But because of the curtailment your status has changed. You can no longer switch to T1E as your T1GE is not valid anymore. And a fresh application for T1E on the 200K can only be made from out of the country. Your application is likely to be rejected on that basis if you apply in country.

[marcnath]

2) Again, assumption that the 3 year 10 month was set. When I spoke to the university immigration department asking why I had 3 years instead of 12 months like everyone else, they said that once issued, the duration will not be redacted.

I was surprised on the unusually long visa duration. It is normally 1 year with the ability to extend another year. And most people try to convert as soon as possible anyway since the 5 year ILR clock only starts once it is converted.

Yes, the duration once issued will not be reduced. But if you don't meet the conditions of the visa, it can be withdrawn which is what happened in your case. That is true of any visa, not just T1-GE