Tier 1 Entrepreneur Extension refused

[Satheesh Sankar]

Dear Friends

If anyone has Tier 1 Entrepreneur Extension Policy Guidance April 2017, Please attached here, I have lost policy guidance 2017.

Thank you

[marcnath]

You can find archives of the immigration rules (not the guidance document though ) at https://www.gov.uk/government/collectio ... tion-rules

However, you should be using the latest guidance for your application.

[Satheesh Sankar]

Thank you Marcnath

My tier 1 extension visa was refused today
Reason:

Must submit unaudited account along with director loan, but I have invested £75000 already which shows on the unaudited account.

[marcnath]

Thank you Marcnath

My tier 1 extension visa was refused today
Reason:

Must submit unaudited account along with director loan, but I have invested £75000 already which shows on the unaudited account.

Ok. So the 2017 guidance document will not be of help as that requirement hasn't changed in the new version.

It would be good if you can type in the actual text of the refusal.

Based on what you have noted here, it appears the CW has not been able to locate the accounts. If you have submitted the same, your AR should be relatively simple and to have the decision overturned as it appears to be a straightforward CW error

[Satheesh Sankar]

Refusal reason

The evidence you have provided is not sufficient because you have not provided a legal document in the form of your director loan and the unaudited accounts that you have submitted do not show the director loan investment in your name as specified above (mentioned director loan section of the policy guidance).

Thank you

[zimba]

So you applied for extension without even reading the guide ??

[Satheesh Sankar]

Hi Zimba88

Could please explain do I need to submit director loan along with my unaudited accounts.

Thank you

[marcnath]

Hi Zimba88

Could please explain do I need to submit director loan along with my unaudited accounts.

Thank you

Let me repeat @zimba's question - have you read the guide ?

If you have not, please do so and especially read Page 31 of the guide.

[Satheesh Sankar]

Hi

You mean the section below and I am confused now, please help me in this regards

''c) The audited or unaudited accounts must show the investment in money made directly in the business by one or more of the following:
(i) you, in your own name''
or

It needs to be in a form of director loan


Thank you

[marcnath]

1) Did you make your investment as Share capital or Director loan ?
2) what documents exactly did you submit as evidence of investment?

[zimba]

Read 'Investment: specified documents' in the guide. It is very clear what you need to send.

[Satheesh Sankar]

Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you

[CR001]

If AR is refused, you lose Section 3C as it ends at that point, regardless of what application you submit after AR refusal. You would need a subsequent application to be successful for the period of overstay to be ignored for ILR.

[Satheesh Sankar]

Thank you

I am not worried about ILR, I just like to continue working and maintain this business. If my subsequent application is refused, is the waiting time for subsequent application is counted as overstay for any future application?

[marcnath]

Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you

Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.

[marcnath]

Thank you

I am not worried about ILR, I just like to continue working and maintain this business. If my subsequent application is refused, is the waiting time for subsequent application is counted as overstay for any future application?

If the subsequent application is refused, the waiting period will be considered overstay. So you will fall under the general grounds of refusal for any visa application.

[sm12]

Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you

Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.

Even when they applied during the 14 day period following a refusal?

[marcnath]

Thank you for help, It is clear and preparing director loan

My Tier 1 Visa extension application was refused 8/5/18, If I apply for AR in case if refused again, then I do a fresh application, Still, can I work for the same business? Is 3c leave still applied?

In case, If I apply for FLR HRO, still can I work for the same business?

Thank you

Depends on what you mean by "work". You can't be on the payroll, but nothing stops you from continuing to be a Director and carrying on the company's business.
However, since you are an overstayer, you may have other problems due to the Govt's crackdown on illegal workers. There have been reports here of banks freezing accounts, DVLA revoking licences, etc.

Even when they applied during the 14 day period following a refusal?

Yes, you will be a overstayer immediately after AR refusal. Section 3C protection ends at that time. It has nothing to do with when a fresh application is sent in.

[jjs456]

I would like to know from marcnath about 3C and overstayer - if AR is refused and then after reapplication is successful, can it affect ILR application?