Post
by Vechnii » Thu Jun 28, 2018 4:48 pm
1. No points were rewarded on investments where caseworker applied paragraph 45 (c)(i) of Appendix A of Immigration Rules which states:
45. The applicant must provide their business accounts and accompanying evidence of their investment, which must meet the following requirements:
(c) the audited or unaudited accounts must show the investment in money made directly in the business by:
(i) the applicant, in their own name
However, I believe, Paragraph 45(e) should have been applied in my case which states:
(e) if the applicant has made the investment in the form of share capital, the accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on their application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided;
should have been applied in my case as my investments were not direct but through the share capital.
Supporting documents were sent:
1. Bank statements, showing transfer of the investment funds from the Main
Applicant’s personal bank account
2. Bank statements, showing receipt of the investment funds into the business
bank account of the Compa
3. Appointment report from the Companies House for the Company
4. CS01 Confirmation Statement
5. Company’s business bank statements for the last 3 years
6. Companies savings bank account statements for the last 3 years
7. Financial statements for the year ended 30 June 2017 for the Company
8. Financial statements for the year ended 30 June 2016 for the Company
9. Financial statements for the period from 01 January 2015 to 30 June 2015 for the Company
10. Financial statements for the period from 01 August 2013 to 31 December 2014 for the Company
11. Financial statements for the year ended 31 of July 2012
12. Company’s Corporate Tax Return for the year 2011 - 2012
13. Company’s Corporate Tax Return for the period from 01 August 2014 to 31
December 2014
14. Company’s Corporate Tax Return for the year 2015 – 2016
15. Company’s Corporate Tax Return for the year 2016 – 2017
However, caseworker says that I`ve supplied unaudited accounts 2012,2014,2015,2016,2017 so 2013 is missing.
In addition to that, it was looking strange from my point of view that no investments were counted in that application as it was counted partially GBP in initial and first extension application which was refused in May 2018
2.No points were rewarded for job creation where caseworker applied Paragraph 49 of appendix A which states:
49. (a) A full time job is one involving at least 30 hours of paid work per week.
(b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months. However, one full time job of more than 30 hours of work per week will not count as more than one full time job.
(c) A job may count even if it does not last 12 consecutive months (for example it lasts for 6 months in one year and 6 months the following year) provided that it is the same job.
(d) The jobs need not exist on the date of application, provided that they existed for at least 12 months as specified in Table 5 (row 4) and Table 6 (row 3).
(e) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the applicant successfully applied as a Tier 1 (Entrepreneur) Migrant before 6 April 2014, has had continuous leave as a Tier 1 (Entrepreneur) Migrant since then, and the date of application for entry clearance, leave to remain or indefinite leave to remain is before 6 April 2019.
(f) If jobs are being combined the employees being relied upon must be clearly identified by the applicant in their application.
(g) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage Regulations in effect at the time and the Working Time Regulations 1998.
Hence caseworker accepted 1 full time paid job for Mr *** and Mr *** combined as one position but did not accept Mr **** who was employed as a technician since 01.02.2017 up to the date of application on 31.05.2018
in total 16 months. In caseworkers statement is shown that the worker was working 14 months where only 9 months was full time. However, payslips and fps were submitted for 16 months from 02.2017 to 05.2018 in consequential order month by month and from the table provided in refusal letter it can be clearly seen that 2 months are missing and evidential flexibility paragraph could have been applied.
In addition to that, caseworker states that there was no evidence that Mr**** has worked 30 hours per week or 130 hours per calendar month. However, paragraph 49 of appendix A states "at least 30 hours per week" where 130 hours per calendar month can be found only in a way of calculation as (52 weeks * 30hours per week)/12 months which equals to 52weeks/12 months or 4.33 weeks per month as average. Nevertheless, during a year every month has different amount of working days and cant be counted as average using monthly salary month by month given in payslip and dividing by average monthly weeks 4.33, as it would be incorrect. For Example, February has only 4 working weeks and if its counted only up to 30 hours per week we can not then get a figure of 130 per month so it would not be accepted as full time month. Given that the rest 11 calendar months would have max 130 hours per month, as caseworker states in the letter, although some of them has more weeks. Therefore in total it would be less than 1560 hours per year and would not be accepted as full time working year. So I believe that his calculations and statement were inaccurate because Late Salary Payments haven't been included in calculations though this additional amount of **** GBP can be clearly seen in Jan 2018 payslip. Late salary payment, to my best understanding, should be divided between 6 months May,June,July,August 2017 (which added 20 hours per month ) and November,December 2017 (where should be 7.411 hours per month added ) and figured average amount of weeks per each month. Whereas in April 2018 payslip shows Late Salary payment with *** which covers February 2018. As per my calculations caseworker did a mistake granting me 130 hours per month in November and December 2017 as it clearly less than 130 hours per month which he is claiming. Howether per week person worked 30 hours . Concluding information above we can see that Mr**** was underpaid for 8 months in total for 2017 and 2018 Financial years. Nevertheless, the amount which company owed to the person was paid in full before the end of 2017 Financial year as it can be seen from the documents submitted to HO with application: ******amount was paid in total in 12 working months in companies Financial Year which is equal to 1663.7hours .
So my question is either to go on AR or not and is it resonable&
My solicitor who was preparing fresh application saying that i can apply fresh application in that timeframe given for AR
