Administrative Review

[J4321]

Dear respected members,

I will give you all a brief about my case. I have applied for a Tier 1 Extension in March 2017.
I have not received any complex letters, no interviews, no request for documents. It's been more than 14 months. I did write an MP letter in January to which I was responded that I will be notified asap but no response yet. I have not had any IHS refund.
I understand that there has been a lot of cases with delays and not getting replies but I have seen less cases with no response at all.
In the meantime, the business is not doing very well. I started applying for jobs and successfully found a job. The immigration board was quite helpful as it answered most of my questions about switching visas.
There are a couple of things I am still concerned about. Would really appreciate if that will be answered, they are as follows:
1. Can I vary my visa from Tier 1 to Tier 2 and get a premium service? Can I make an appointment without my important documents like passport etc?
2.Is that an issue if I switch visas when a decision has not been made for my current application? Does that affect my new visa application in any way?
3.Will I have to resign from my current appoinment as a Director and then make an application or I can do after?
4.I am also paying my taxes in instalments, will that affect my new application in any way.

Thanks in advance.

Regards
J4321.

[marcnath]

There are a couple of things I am still concerned about. Would really appreciate if that will be answered, they are as follows:
1. Can I vary my visa from Tier 1 to Tier 2 and get a premium service? Can I make an appointment without my important documents like passport etc?

Going by the responses from this forum, you can make an appointment and land up. But they can refuse to accept your application. It is not clear to me why some are accepted and some are not. Even if accepted, it seems they don't always make a decision immediately.

2.Is that an issue if I switch visas when a decision has not been made for my current application? Does that affect my new visa application in any way?

No. You can only vary an application before a decision is made.

3.Will I have to resign from my current appoinment as a Director and then make an application or I can do after?

You can do it after or rather on the day the new visa is granted

4.I am also paying my taxes in instalments, will that affect my new application in any way.

Can't see what that has to do with your application.

[J4321]

Thank very much for your response. I really appreciate it.
As per the first point, where you mentioned that they do not make a decision immediately.
Do you have any idea, how delayed can be the decision in the above scenario?

Thanks
J4321.

[marcnath]

Thank very much for your response. I really appreciate it.
As per the first point, where you mentioned that they do not make a decision immediately.
Do you have any idea, how delayed can be the decision in the above scenario?

Thanks
J4321.

Again that has varied from weeks to months - so no clear conclusion.

[J4321]

Hello

My entrepreneur visa has been refused on the basis of credibility at the interview.
The main reasons for rejection are:
1.I'm not aware of exact addresses of my employees & clients.
2.Investment-Money Invested in the company
3.A visit to my correspondence address where in someone has told them that I do not use their services.
There are no points awarded for Investment,Job Creation & Involvement in business within the UK.

The forum has been really helpful where in I was able to find out that the admin review is more emphasis on the errors made by a case worker.No new evidences can be provided at this stage.The success rate of the admin review is really low.
As my refusal is more of subjective therefore,I do not know the strength of my admin review with the following defends:
1.I have provided the interviewer the area they live in but not the exact addresses as it has been 2 years that they were eployed for me.
Out of two clients they asked me the address:
I gave the exact address of one and the nearest station of the other one (the route I follow to get there).
2.I was asked two questions in one where in they asked if I have made an investment and spent it all-To which I had replied-I have made the invesment in the form of a share capital but due to spend all the money in the account.
3.The third reason of rejection where in they stated they visited my corresspondence address-Is a clear miscommunication as I have all the proofs of payments being made and the address is still used as the correspondence address for my company.

The unfortunate thing is I'm unable to provide the evidence I have for my admin review regarding the correspondence issue. The questions I have at this stage:
1.Do you think that my admin review is strong enough with the defends?
2.If I apply for a TIER 2 instead of a TIER 1(Fresh Application) at the admin review refusal stage-Will my overstay still be ignored?
3.If I plan to make a fresh application (Tier 1) if admin review refused-how can I justify their credibility issues like investment and creation of jobs-As I have already submitted all the documents?
4.If admin review refused-how can I go ahead with a judicial review for the same rejection?
Thanks very much for your valuable time!

[sm12]

Sorry to hear about this.

Where was your interview held? Did you have to go to them?

Regarding using your investment- how did you use the funds? Did they say that you didn't use them towards the business expenses? Perhaps you could provide details in your AR regarding how the money was used.

If the employees were employed two years ago, then yes, it is unreasonable to expect you to remember their exact addresses and you can say that you gave the rough locations as you were obviously not travelling to their addresses regularly.

By correspondence address, do you mean the registered address? They made an unannounced visit there? You should say that you can provide all the proof and that it's a mistake.

You can apply for Tier 2, but your section 3C will end once you apply for a new permit.

Yes, you can go for judicial review, but it can be very costly. I think you can do both- go for judicial review and also a new application. It would be best to challenge the credibility issues in AR first, and prepare for a new application in the meanwhile.

It would be helpful if you quote the exact wording of the refusal here.

[J4321]

Hello

Thanks for your quick response.
[i][/i]Where was your interview held? Did you have to go to them?
I went to the VFS office in London.

Regarding using your investment- how did you use the funds? Did they say that you didn't use them towards the business expenses? Perhaps you could provide details in your AR regarding how the money was used.

Yes,they did say it has not been used towards the business expenses which I said not required at the moment. We were using the revenue generated from the business to pay salaries.

By correspondence address, do you mean the registered address? They made an unannounced visit there? You should say that you can provide all the proof and that it's a mistake.
Yes, it is a registered address. They say in the refusal letter that they had contacted me. But I have checked my emails and phone call history. I have had no contact whatsoever around that day.The information provided to them at the registered address is incorrect.I have spoken to the company and they said they no visits from Homeoffice at all.

So,do you think there are chances to get the decision overturned?

Thanks

[marcnath]

The unfortunate thing is I'm unable to provide the evidence I have for my admin review regarding the correspondence issue.

It is true that you cannot provide additional new evidence in an AR. But, documents that supplement/reinforce/verify already submitted evidence should be ok.

1.Do you think that my admin review is strong enough with the defends?

I think so based on your comments.

2.If I apply for a TIER 2 instead of a TIER 1(Fresh Application) at the admin review refusal stage-Will my overstay still be ignored?

You are currently still protected by Section 3C, so you are not an overstayer.

You will only be an overstayer after the AR due date (if you don't submit an AR) or after the AR is refused (if you submit the AR)

3.If I plan to make a fresh application (Tier 1) if admin review refused-how can I justify their credibility issues like investment and creation of jobs-As I have already submitted all the documents?

You would make your arguments. One of the forum users kindly posted their entire lawyer letter, which I think was done professionally -

4.If admin review refused-how can I go ahead with a judicial review for the same rejection?

JR has nothing to do with immigration rules, so you can go ahead.

Regarding using your investment- how did you use the funds? Did they say that you didn't use them towards the business expenses? Perhaps you could provide details in your AR regarding how the money was used.

Yes,they did say it has not been used towards the business expenses which I said not required at the moment. We were using the revenue generated from the business to pay salaries.

This is the most ridiculous thing I have seen so far. How did they know which money is used for what ? Did you have a separate account just for the investment ?

[J4321]

Hello

Thanks for your response.
Thanks for directing me towards the lawyer letter.

I have one business account which had 50,000 invested as share capital.
They are stating at refusal that my answer to the question which says
"Have you made an investment and spent it all?" was a NO.There has been a miscommunication as these are two questions in one-I said I have invested the money as share capital but not spent all of it yet.I will do that as per the bsuiness requirements.

So hopefully it will be positive after the admin review.My documentation supports everything I have said at the interview which has not taken into consideration in this scenario.
Thanks

[marcnath]

Hello

Thanks for your response.
Thanks for directing me towards the lawyer letter.

I have one business account which had 50,000 invested as share capital.
They are stating at refusal that my answer to the question which says
"Have you made an investment and spent it all?" was a NO.There has been a miscommunication as these are two questions in one-I said I have invested the money as share capital but not spent all of it yet.I will do that as per the bsuiness requirements.

So hopefully it will be positive after the admin review.My documentation supports everything I have said at the interview which has not taken into consideration in this scenario.
Thanks

Ok. HO should have known it is invested from the documents, not the answer

Don't understand when it is so silly.

But, anyway, I don't understand you saying it has not been spent either. Has you total expenses over three years been less than 50K ? If you have spent more than 50K, then how do you even know it is not the investment that is spent - which was my question - were you maintaining separate bank accounts for investment and sales ?

[J4321]

Dear Moderators

Thankyou for all your support in the past.
As discussed earlier, my visa was declined due to few reasons which was all under the credibility at major.

I will be glad to let you know that my admin review has succeeded.
I received a letter dated on 24.08.2018 which states that the admin review has been successful and has been passed on to the original case handler to reconsider.
I am confused about the process of the admin review success and the reconsideration. The timelines and what are the chances of the success I will just lay down my timelines below:
Application Made: 11.03.2017
Biometric date: May 2017
MP letter sent:21.12.2017
Response:15.01.2018
Interview date: 26.07.2018
Decision made-Rejection: 17.08.2018
Admin Review Submitted: 30.08.2018
Complaint Letter Response: 03.09.2018
UKVI refund of Amin review: 06.09.2018

I have not recieved anything since then.I am unaware of the timelines as it is already been 19 months.
I have not seen any caes like this on the forum as well or may be I have missed it.If you have any knowledge of the same,please help me.

Also,what do you think the probablities of the success at this point.

Thanks in advance.

[marcnath]

Dear Moderators

Thankyou for all your support in the past.
As discussed earlier, my visa was declined due to few reasons which was all under the credibility at major.

I will be glad to let you know that my admin review has succeeded.
I received a letter dated on 24.08.2018 which states that the admin review has been successful and has been passed on to the original case handler to reconsider.
I am confused about the process of the admin review success and the reconsideration. The timelines and what are the chances of the success I will just lay down my timelines below:
Application Made: 11.03.2017
Biometric date: May 2017
MP letter sent:21.12.2017
Response:15.01.2018
Interview date: 26.07.2018
Decision made-Rejection: 17.08.2018
Admin Review Submitted: 30.08.2018
Complaint Letter Response: 03.09.2018
UKVI refund of Amin review: 06.09.2018

I have not recieved anything since then.I am unaware of the timelines as it is already been 19 months.
I have not seen any caes like this on the forum as well or may be I have missed it.If you have any knowledge of the same,please help me.

Also,what do you think the probablities of the success at this point.

Thanks in advance.

There have been other cases similarly.
It is logical that the AR team can only make the decision on the points raised but not the whole application.
Since CWs may have stopped reviewing the application once they find one reason for refusal, the reviewer would not know if there are issues that have not been considered yet.
Having said that, the probability of a second refusal after a successful AR is low.
But you now have to wait for the final decision.

[J4321]

Thankyou Marcnath for your response. I appreciate that.

I have a new update on my application. Just need an advise which comes from your experience.
I have another interview lined up which I am preparing for now.
Few questions in my head before I go for the interview:
1. I just think what questions they will ask-will it be similar to the previous questions?
2.Do you think they have another questions which has made them interview me again?
3.Because I have made a complaint and challenged them,and they overturned,therefore they ware covering their back?
4.I have looked at the immigration forum,I have only found one case where an applicant was re-interviewed but no questions listed? Is it possible to know if there are any and you can direct me towards that post?
5.What are their timelines of getting back to me after the second interview stage as it's been 19 months now?

I will appreciate your help & advise.

Thankyou

[marcnath]

Thankyou Marcnath for your response. I appreciate that.

I have a new update on my application. Just need an advise which comes from your experience.
I have another interview lined up which I am preparing for now.
Few questions in my head before I go for the interview:
1. I just think what questions they will ask-will it be similar to the previous questions?
2.Do you think they have another questions which has made them interview me again?
3.Because I have made a complaint and challenged them,and they overturned,therefore they ware covering their back?
4.I have looked at the immigration forum,I have only found one case where an applicant was re-interviewed but no questions listed? Is it possible to know if there are any and you can direct me towards that post?
5.What are their timelines of getting back to me after the second interview stage as it's been 19 months now?

I will appreciate your help & advise.

Thankyou

This is just a process, so don't read too much into it. It may have even gone back to a different CW. I am not aware of any second interview questions posted. And as usual, there is no indication of timelines

[J4321]

Dear Administrators

Thank you so much for your help in the past and will appreciate your help to give peace of mind who make an application in the UK.
Please see the below timelines through the process of my application:
Application Made: 11.03.2017
Biometric date: May 2017
MP letter sent:21.12.2017
Response:15.01.2018
Interview date: 26.07.2018
Decision made-Rejection: 17.08.2018
Admin Review Submitted: 30.08.2018
Complaint Letter Response: 03.09.2018
UKVI refund of Amin review: 06.09.2018
Interview date(2nd time)-16.10.2018
There has been no reply since that day. I have a few questions understanding the new situation now.
1. Would you know the chances of an acceptance or a decline at this stage?
2.Its been 23 months now and will complete my Enterprenuer 5 years on the 13th March 2019.Am I eligible for an ILR at this stage.I am aware that all this time is counted but my concerns are as I have not had employees for the whole 24 months as the eligibility of ILR.I have read in the immigration forum that a person did get an ILR while he was waiting for his Tier 1 entreprenuer.


Please help me with anything I can do at this stage which can benefit me,Either get my extension asap or if I can apply for an ILR.

I deeply appreciate your help and support.

[marcnath]

Dear Administrators

Thank you so much for your help in the past and will appreciate your help to give peace of mind who make an application in the UK.
Please see the below timelines through the process of my application:
Application Made: 11.03.2017
Biometric date: May 2017
MP letter sent:21.12.2017
Response:15.01.2018
Interview date: 26.07.2018
Decision made-Rejection: 17.08.2018
Admin Review Submitted: 30.08.2018
Complaint Letter Response: 03.09.2018
UKVI refund of Amin review: 06.09.2018
Interview date(2nd time)-16.10.2018
There has been no reply since that day. I have a few questions understanding the new situation now.
1. Would you know the chances of an acceptance or a decline at this stage?
2.Its been 23 months now and will complete my Enterprenuer 5 years on the 13th March 2019.Am I eligible for an ILR at this stage.I am aware that all this time is counted but my concerns are as I have not had employees for the whole 24 months as the eligibility of ILR.I have read in the immigration forum that a person did get an ILR while he was waiting for his Tier 1 entreprenuer.


Please help me with anything I can do at this stage which can benefit me,Either get my extension asap or if I can apply for an ILR.

I deeply appreciate your help and support.

In my opinion, you can vary your application to ILR 28 days before you complete the 5 years, if your extension application is not decided at that time.

Interestingly, the job creation requirements for ILR under the immigration rules are 2 jobs during the last grant of leave - which in your case is the initial grant of leave. So, in my opinion, there is no need for additional jobs. You can use the same jobs that you used for your extension application as they were in the "last grant of leave"

[gbptier1general]

Dear Administrators

Thank you so much for your help in the past and will appreciate your help to give peace of mind who make an application in the UK.
Please see the below timelines through the process of my application:
Application Made: 11.03.2017
Biometric date: May 2017
MP letter sent:21.12.2017
Response:15.01.2018
Interview date: 26.07.2018
Decision made-Rejection: 17.08.2018
Admin Review Submitted: 30.08.2018
Complaint Letter Response: 03.09.2018
UKVI refund of Amin review: 06.09.2018
Interview date(2nd time)-16.10.2018
There has been no reply since that day. I have a few questions understanding the new situation now.
1. Would you know the chances of an acceptance or a decline at this stage?
2.Its been 23 months now and will complete my Enterprenuer 5 years on the 13th March 2019.Am I eligible for an ILR at this stage.
I deeply appreciate your help and support.

Hi J4321,
Great, ILR(LR)is easier but looking at ur long wait?
Are u stil waiting/ u had already applied 10Yr-LR?

Also,I am in same boat w.r .t AR-waiting?...........can u pls send some HINTS/details w. r.t AR correspondence tht thy responded to u via Email/Ph call/Letter,which mode is FIRST?
After u had done "Admin Review Submitted: 30.08.2018"
why u submitted this "Complaint Letter Response: 03.09.2018"?........is this compliance/complaint?
[I am assuming MP-Letter?]
UKVI refund of Amin review: 06.09.2018.
Can u pls elaborate b/w "Admin Review Submitted: 30.08.2018"&"UKVI refund of Amin review: 06.09.2018.".
This helps others too.
Thanks

[gbptier1general]

The unfortunate thing is I'm unable to provide the evidence I have for my admin review regarding the correspondence issue.

It is true that you cannot provide additional new evidence in an AR. But, documents that supplement/reinforce/verify already submitted evidence should be ok.

1.Do you think that my admin review is strong enough with the defends?

I think so based on your comments.

2.If I apply for a TIER 2 instead of a TIER 1(Fresh Application) at the admin review refusal stage-Will my overstay still be ignored?

You are currently still protected by Section 3C, so you are not an overstayer.

You will only be an overstayer after the AR due date (if you don't submit an AR) or after the AR is refused (if you submit the AR)

3.If I plan to make a fresh application (Tier 1) if admin review refused-how can I justify their credibility issues like investment and creation of jobs-As I have already submitted all the documents?

You would make your arguments. One of the forum users kindly posted their entire lawyer letter, which I think was done professionally -

4.If admin review refused-how can I go ahead with a judicial review for the same rejection?

JR has nothing to do with immigration rules, so you can go ahead.

Regarding using your investment- how did you use the funds? Did they say that you didn't use them towards the business expenses? Perhaps you could provide details in your AR regarding how the money was used.

Yes,they did say it has not been used towards the business expenses which I said not required at the moment. We were using the revenue generated from the business to pay salaries.

This is the most ridiculous thing I have seen so far. How did they know which money is used for what ? Did you have a separate account just for the investment ?

Hi Marcnath,
Great thanks u points very useful with good insight.
The LINK u provided " lawyer letter" is broken ,can u re-upload this Link pls,would be useful for users struggling like me.Thanks

[marcnath]

Here is the revised link.

[gbptier1general]

Here is the revised link.

Hi Marcnath,
Thanks a lot.
Can pls giv some HINTS w.r.t below?
Also,I am in same boat w.r .t AR-waiting?...........can u pls send some HINTS/details w. r.t AR correspondence tht thy responded to u via Email/Ph call/Letter,which mode is FIRST?
Also is Email communication to candidate mandatory compared to communication to Solicitor(s)?
Solicitors NOT tht reliable these days [Lazy],so I always alerted.Pls Hint me from u r experince&Knowledge!
Thanks