Reapplying after Admin Review refusal

[Bishmedia]

Hello,

I have recently applied for a Tier 1 entrepreneur visa (switching from Graduate entrepreneur) and received a letter from the home office that it was refused. The letter says I can apply for a review, however I believe I did forget an account compilation report with my originally application and I believe I will need to include this or the application will be refused again.

This is what I was going to write in my review:
"My letter states that I was not awarded financial points because I failed to provide certain financial documents in my application, however I did provide certain documents and can provide any necessary documents.

I did provide my companies bank statements with proof of £50,773.16 investment into the account, which were acknowledged by the reviewer, however I believe I misunderstood that because the money had already been invested into the business account before applying, that I needed an accounts compilation report from an accountant. I can provide this as well as a previous letter to show the funds were transferred into my business account by my mother in the USA and intend to stay in my business account in the UK.

The reviewer also states that I did not provide documents in paragraph 48(b), however I did provide a copy of the certificate of incorporation from Company House (company number 112xxxxxx) which I can provide again. This had all the required information for paragraph 48(b)

For funds held and funds disposable in a regulated financial institution: The reviewer said I wasn't eligible for points claimed for reduced level of funds, however I am switching from a on a Tier 1 Graduate Entrepreneur visa which qualifies me for the reduced funds of £50,000 under provision (c)."


Does anyone know if I can include extra documents in my review? I am trying to speak to a lawyer, but as this is time sensitive, I want to be as informed as possible. I am trying to get this approved asap and want to avoid waiting 28 days for the review to process only to be told it was refused and I have to appeal.

Help! Thank you x

[marcnath]

Unfortunately, you cannot submit any new evidence as part of your AR.

The rules and guidelines are very clear on the documents needed and you clearly have not submitted those. So there is very little leeway on this.

From your description, it appears you did not submit your unaudited accounts (which if prepared by an accountant would have included the compilation report)

The requirement in 48(b) is
(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),

I can't see how an incorporation certificate would have all that information.

You should prepare for a fresh application and submit it again.

[Bishmedia]

Thanks for your reply. I have spoken to a lawyer and they've said roughly the same thing which is disappointing.

I did email the admin review email on the govuk website and they said I could send in more information and they will attach it to my review.
Anyone ever have luck with that?
thanks!

[marcnath]

Thanks for your reply. I have spoken to a lawyer and they've said roughly the same thing which is disappointing.

I did email the admin review email on the govuk website and they said I could send in more information and they will attach it to my review.
Anyone ever have luck with that?
thanks!

I should have been more precise. You can submit as much evidence or documents as you want. But the AR process does not allow the reviewers to use new evidence to change their decision.
If it is something that explains already submitted documents, for example, that would be acceptable. But, in your case, that does not apply.

[Bishmedia]

Ah ok thank you for clarifying that. Just met with a lawyer and will basically have to reapply in the end.

[Bishmedia]

Hi again,

I am moving from Graduate Entrepreneur to Entrepreneur and will have to reapply as my first application was refused due to incorrect funding documents (not to self always pay a lawyer to review).

Since I need to send in a brand new application - Can I request my passport back and go home to the US, then apply from there, while still claiming £50,000 in funding (because I was graduate entrepreneur)?
I was supposed to be at an important family event in July and guessing the reapplication will take another 8 weeks.

Or alternatively, if I get a copy of my passport, can I use the 2nd passport to travel outside the UK while the 1st passport is held by the home office with my application?

Thanks!

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[marcnath]

Hi again,

I am moving from Graduate Entrepreneur to Entrepreneur and will have to reapply as my first application was refused due to incorrect funding documents (not to self always pay a lawyer to review).

Since I need to send in a brand new application - Can I request my passport back and go home to the US, then apply from there, while still claiming £50,000 in funding (because I was graduate entrepreneur)?
I was supposed to be at an important family event in July and guessing the reapplication will take another 8 weeks.

Or alternatively, if I get a copy of my passport, can I use the 2nd passport to travel outside the UK while the 1st passport is held by the home office with my application?

Thanks!

You can always request your passport back (withdraw from the AR process) and return to the US.

However, if you apply from the US, you would be applying for an entry clearance, not leave to remain. And entry clearance has no provisions for "switching"from GE. So, I believe the answer to that is that you would have to go on the 200K route.

Also, no the alternative. Once you leave the country, any existing application will automatically be withdrawn. So the only way for you to come back would be to apply for a new visa from US.

[Bishmedia]

Thank you so much for that information as it's really helpful to know my options (or lack of)

x

[Bishmedia]

Hello,

I received word my admin review was refused so I am reapplying with a fresh application.

On the admin review info it now says I can NOT work and I have to leave the country in 7 days, however once I put in a fresh application, will I get the ability to work again on the basis of my previous visa (grad entrepreneur) or will I not be allowed to work for the next 8 weeks while the second application processes?

Thanks!

[marcnath]

Hello,

I received word my admin review was refused so I am reapplying with a fresh application.

On the admin review info it now says I can NOT work and I have to leave the country in 7 days, however once I put in a fresh application, will I get the ability to work again on the basis of my previous visa (grad entrepreneur) or will I not be allowed to work for the next 8 weeks while the second application processes?

Thanks!

Since the AR was refused, you are now an overstayer. You do not have the right to work. And anyway, once you get your T1E, you cannot work anyway. (assuming you are talking about working for another employer, not your business). For your own business, you can't be on the payroll but you can remain a Director

[Bishmedia]

Ok is my company able to continue with business while the visa is processing? Or do I need to put everything on hold.
And I am not allowed to take income from my company while my new application is being processed?

Thanks

[marcnath]

Ok is my company able to continue with business while the visa is processing? Or do I need to put everything on hold.
And I am not allowed to take income from my company while my new application is being processed?

Thanks

Yes, your company can continue.

You can't be on the payroll but I haven't seen anything that would prevent you from taking dividends.

[Bishmedia]

ok great, thanks for the help!