Tier 1 extension refused current appointment report

[Patto]

tier 1 extension
date applied 2 march 2017
interview 17 sept 2017
refusel letter 26 april 2018



*Applicant is engaged in business activity at the time of application*
Points claimed Points awarded
15 0
For the reason stated earlier in this letter, under the heading "Non-points Scoring Reasons for Refusal", the Secretary of State is not satisfied as to the genuineness of your application and, in accordance with paragraph
245DD(n) of the Immigration Rules, no points have been awarded in this area.
Additionally, you do not met as the companies house Current Appointment Report supplied was dated 9/12/13 which is not dated within 3 months of your current application as required under paragraph
46-SD(g)(ii)
(ii)If the applicant is claiming points for currently being a director of a UK company, he must provide a printout of a Current Appointment Report from Companies House, dated no earlier than three months before the date of application, listing the applicant as a director of the company, and confirming the date of his appointment. The company must be actively trading and not struck off, or dissolved or in liquidation on the date that the printout was produced

*Creation of jobs in UK*
Points claimed Points awarded
20 0
As no Companies House Appointment Report was provided dated within 3 months of the application no points can be awarded under paragraph 46-SD(h)(v)
(v) if the applicant was a director of a company, a printout from Companies House of the company's filing history page and of the applicant's personal appointments history, and showing the date of his appointment as a director of that company, to confirm that he was the director of the company that employed the settled worker at the time that the settled worker was employed;

The Secretary of State is therefore not satisfied that you have met the full requirements to be awarded the minimum required points under Appendices A
Therefore you do not satisfy the requirements of the Immigration Rules for this category and it has been decided to refuse your application for Leave to Remain as a Tier 1 (Entrepreneur) Migrant under paragraph 245DD(b), paragraph 245DD(d) and under Appendix A,
Please note on this occasion we have not carried out full verification checks on the documents you submitted or the statement that you have made on your application form, as your application falls for refusal on other grounds as outlined above.

kindly senior members how can i justify these points in AR.
is their any way in which in can submit current appointment report to clear these points..

[marcnath]

If you did not submit the CAR, what other document did you submit to show that you were engaged in a business at the time of renewal (continued business activity) ?
You cannot submit the CAR now.

[Patto]

I did supply CAR but they say that was old not current report

[mig2015]

Really sorry to hear this

Please note on this occasion we have not carried out full verification checks on the documents you submitted or the statement that you have made on your application form, as your application falls for refusal on other grounds as outlined above.

This is ridiculous, should it be taking 13 months to come to that conclusion on CAR really, why they didn't refuse as soon as it came up with an invalid CAR, why did they even interview.

By the way, what is the date printed on CAR you submitted? where did you get it from?

[Patto]

I printed all fresh reports as far as i remember but on their reply they said CAR was dated 9/12/13.
Plus letter is dated 26 april 2018 but i received it today on 30th april 2018.
So when my 14 calender days will finish for AR apply.

[Patto]

[quote=Patto post_id=1628842 time=1525121007 user_id=194135]
I printed all fresh reports as far as i remember but on their reply they said CAR was dated 9/12/13.
Plus letter is dated 26 april 2018 but i received it today on 30th april 2018.
So when my 14 calender days will finish for AR apply.
In worst scenario if my AR rejected but i want to apply on another category will i be considered from the day AR rejected illlegal or after AR they will give me 14 days or not....

[friend87]

If you have submitted the current Appointment report from the dates no earlier then 3 months prior the application then this objection point will be overturned easily. It's seems an error if you are claiming that you have supplied CAR for recent date while they acknowledge a CAR from 2013. Also do you have any credibility issue in regards to this refusal?

[marcnath]

I did supply CAR but they say that was old not current report

Yes, I saw that. Not sure why you submitted a CAR from 2013 and how you expected a 2013 document to show that you were engaged in business in 2017 ?
So, did you never submitted any other document that would satisfy the requirement ?

[zimba]

It is CURRENT appointment report. So it needs to be current showing who was the director dated within the last 3 months before application This is obvious in the guide

[Patto]

I fully understand this that it should be current report but i printed all new company house docs at the time of extension.
I am going for AR so finger crossed.
I am really thankful to all of you who replied and gave suggestions.
Thanx alot

[marcnath]

I fully understand this that it should be current report but i printed all new company house docs at the time of extension.
I am going for AR so finger crossed.
I am really thankful to all of you who replied and gave suggestions.
Thanx alot

Ok. Good luck.

But did you actually submit a CAR dated 2013 ? That would have been even just when your Visa was granted ?

[Patto]

I am not sure now where did they get it i am confident that CAR was fresh.

[ssb27]

I am not sure now where did they get it i am confident that CAR was fresh.

What date was the CAR you submitted?

[zamanam]

HI Gurus,

Two questions :

A - Can you please confirm if Current CAR will satisfy the requirement of following (v) i.e. in accounting terms they do but will one report is enough of all of these filing history and personal appointment history. Especially in Car there is no heading of "personal appointment history"

"(v) if the applicant was a director of a company, a printout from Companies House of the company's filing history page and of the applicant's personal appointments history, and showing the date of his appointment as a director of that company, to confirm that he was the director of the company that employed the settled worker at the time that the settled worker was employed;"

B - The guidance states "the CAR is dated no more than 8 months after the specified date" - what does this mean? Do we need to submit historical CAR too - doesn't make sense as it should be current

C- we did 3 different business form the same company - closed or sold those business and currently working as a restaurant for last 1.5 year and using a "xy restaurant" as trading name - many of our supplier invoices are under trading name! Is it okay

D- our first year account is without a trading name and 2nd year is with the trading name - is this ok

Thanks

A

[marcnath]

A - Can you please confirm if Current CAR will satisfy the requirement of following (v) i.e. in accounting terms they do but will one report is enough of all of these filing history and personal appointment history. Especially in Car there is no heading of "personal appointment history"

"(v) if the applicant was a director of a company, a printout from Companies House of the company's filing history page and of the applicant's personal appointments history, and showing the date of his appointment as a director of that company, to confirm that he was the director of the company that employed the settled worker at the time that the settled worker was employed;"

Yes, the CAR has the filing history

B - The guidance states "the CAR is dated no more than 8 months after the specified date" - what does this mean? Do we need to submit historical CAR too - doesn't make sense as it should be current

I just checked the guidance and could not find that. Can you clarify where you saw that statement ?

C- we did 3 different business form the same company - closed or sold those business and currently working as a restaurant for last 1.5 year and using a "xy restaurant" as trading name - many of our supplier invoices are under trading name! Is it okay

Yes

D- our first year account is without a trading name and 2nd year is with the trading name - is this ok

Yes