T1 Extension refused, employees hours, URGENT HELP PLEASE

[Faheemryk]

so these are point by point responses to refusal points that my solicitor has prepared for admin review. Please guide me if there is anything else that we can add.

Looks good

Thanks Marnath

[Faheemryk]

My application for administrative review has succeeded.
This is what admin review team has written. They are withdrawing original refusal decision. However, I am aware that, at this point the Home Office can still refuse my application on different grounds, however if I otherwise met all the requirements, my visa should be granted.
This is what admin review team has written.
We have carefully considered your application for administrative review. We have found that the original decision maker made an error when considering your application. We have therefore withdrawn the original decision.
What this means for you.
Your application for leave to remain has been sent back to the original case working team to reconsider. They will make a new decision on your application and tell you the outcome. If your application is refused you will be entitled to apply for a fresh administrative review of the decision.
Your existing leave and conditions of leave are extended under section 3C of the 1971 Immigration Act while your application is under consideration.

We have carefully considered the points that you raised in your administrative review. We have withdrawn the original decision because we have found that the original decision maker made an error when considering your application.
The error was additional information was considered in the assessment of your application therefore, we have sent your leave to remain application for reconsideration to correct the error and make a new decision on your application.
We were unable to correct the error on the administrative review team, because the administrative review team cannot consider new evidence, because it is outside of the scope of an administrative review.

[sm12]

That's great news.
Hope you receive your extension soon.

[marcnath]

My application for administrative review has succeeded.
This is what admin review team has written. They are withdrawing original refusal decision. However, I am aware that, at this point the Home Office can still refuse my application on different grounds, however if I otherwise met all the requirements, my visa should be granted.
This is what admin review team has written.
We have carefully considered your application for administrative review. We have found that the original decision maker made an error when considering your application. We have therefore withdrawn the original decision.
What this means for you.
Your application for leave to remain has been sent back to the original case working team to reconsider. They will make a new decision on your application and tell you the outcome. If your application is refused you will be entitled to apply for a fresh administrative review of the decision.
Your existing leave and conditions of leave are extended under section 3C of the 1971 Immigration Act while your application is under consideration.

We have carefully considered the points that you raised in your administrative review. We have withdrawn the original decision because we have found that the original decision maker made an error when considering your application.
The error was additional information was considered in the assessment of your application therefore, we have sent your leave to remain application for reconsideration to correct the error and make a new decision on your application.
We were unable to correct the error on the administrative review team, because the administrative review team cannot consider new evidence, because it is outside of the scope of an administrative review.

Congratulations. While it is stressful for you, it is rewarding to see that the AR system works. And that arbitrary conclusions by the interviewer is considered as "additional" information that should not influence the criteria for the points.

[Faheemryk]

My visa was refused in July 2018 based on genuineness. I applied for admin review and my admin review was successful. Admin review team sent the case back to case workers for reconsideration. This time, it was a different immigration team. However, even this immigration case worker has refused my visa again, based on geuineness.
I am shocked to see, that except one so called major point, rest of the refusal letter had the same points on which visa was refused before. Even most of the paragraphs had simply been copy pasted. That was same refusal points against which I have won successful admin review. They added one major point, rest of the points same as before.
I am wondering what should I do now. I am given chance for another admin review. My solicitor has advised me to go for admin review again because, she believes that we have strong arguments against refusal points. Please guide me what to do.
Here are refusal points and my counter argument.
We also have concerned as to why you informed the compliance officers you were single at the address when your tenancy agreement shows that 3 other people live there.
This is total lie that I informed the compliance officers that I was the only one living at the property. It is not written anywhere in the interview transcript either. Not sure where from case worker came up with this made up refusal point. Compliance officers never asked nor I told them that I was the only one living at that property.
Yes, it’s a three bed room house. Most of the time, three out of four of us are here. We have a huge living room downstairs which, occasionally was being used by employees. Our clients never visit our place. These things were clearly told to compliance officers.
During the visit to the Compliance Officers observed that someone else was present but you informed the officers you were single at the address.
This is total lie. I never told compliance officers that I am single at the address. Not sure how did case worker came with this assumed made up point. Compliance officers didn’t ask and I never said that I am single in this property.

The Compliance Officers asked to see a copy of your driving licence and your address on the driving licence was different to the address (Personal address removed) you stated was your residential address and business premises.
Off course, I don’t drive, I had an old provisional driving license. I use my passport as my ID, but since my passport is held by home office, I had to use this old ID provisional driving license that didn’t had my new address. I didn’t get a new driving license because I use public transport and don’t even use this ID. How on earth that proves that I am not running a genuine business ?

Following are the refusal points which are same as previous refusal where I got successful admin review.
Even for these refusal points, answers to interview questions were different from what case worker wrote in refusal letter. those points were so dumb that admin review team accepted my counter argument.
During the compliance visit you stated to Compliance Officers that you continue to employ employee 1. You stated she work as a tutor but she currently only had one student called George.

We have concerns as to why you would re-employ employee 2 in an admin role and as a tutor the day after she resigned her directorship when you think she had not had much impact on the business.

You stated you also employ employee 1 for 20 hours a week, although she was not present during the compliance visit. However we have concerns about your claim because when Compliance Officers asked to see evidence of work she had undertaken you could only show reports stated to have been created by Employee 1 and the Compliance Officers observed that these reports did not demonstrate 20 hour a week of work.
You were unable to show Compliance Officers employees sick records and annual leave records because you do not keep them and you could not show Compliance Officers proper employee attendance records.
You informed the Compliance Officers that one of your job roles within the business was tutoring and preparation, however when the Compliance Officers asked you to show them your lessons plans you were unable to do so. You were also unable to show them evidence of any tutoring you had provided to any of your students since your business began.
Same point was raised in first refusal. I wrote in my successful admin review that compliance officer didn’t ask me clearly, for the lesson plans or study material. I had thousands of work pieces in my laptop. I could easily provide them but they never asked.
However these documents are limited in nature and our concerns are why you were unable to show evidence to our Compliance Officers during their three and half hour visit evidence that you were operating a business· .we note that you provided some copies of employee 2 work which were 5 excel files contacting only a few sheets of data showing bank analysis and sales monthly figures.
In my successful admin review, I mentioned that I told compliance officer that these are samples of work done by employee. Even it was mentioned in the email. This point was accepted by admin review team but again, here, they added this point again.

[Haripur1983]

I was refused on basis of interview case worker stated refusal that I failed the genuineness test although I provided all the necessary documents.i would suggest u to go for jr.i got my brp yesterday after my permission for jr granted these kind of refusal can be challenged only by jr

[Momi]

Faheem they made it piece of cake for you.
I’m sure you will be through.
Make sure if they don’t overturn the AR then consider going on JR.
This refusal stand no chance on JR.
I know it’s hard time, I pray that you get visa soon.
Best of luck.

[marcnath]

That is very disappointing.

You do need to go for an AR again - hopefully you will have a positive result.

[Faheemryk]

That is very disappointing.

You do need to go for an AR again - hopefully you will have a positive result.

I’m shocked to see this refusal letter. Case worker is clearly lying. Tenancy was never discussed during interview. Tenancy is nowhere in interview transcript. How on earth he can come up with something that has never been discussed?

[Vish79k]

Faheem your point is absolutely right. They can't talk about something they have not made you aware off. This is nitpicking. After ar go for pap followed by jr if pap is ignored by them. You have a case and they won't stand . They r very funny.

[Faheemryk]

Faheem your point is absolutely right. They can't talk about something they have not made you aware off. This is nitpicking. After ar go for pap followed by jr if pap is ignored by them. You have a case and they won't stand . They r very funny.

Thank you Vish. Yes I will exercise all available options

[sm12]

Faheem your point is absolutely right. They can't talk about something they have not made you aware off. This is nitpicking. After ar go for pap followed by jr if pap is ignored by them. You have a case and they won't stand . They r very funny.

Thank you Vish. Yes I will exercise all available options

Hopefully this will be overturned..... You have the interview transcript fortunately, so there's at least some chance at AR.
Otherwise you must go for JR.

[Faheemryk]

Faheem your point is absolutely right. They can't talk about something they have not made you aware off. This is nitpicking. After ar go for pap followed by jr if pap is ignored by them. You have a case and they won't stand . They r very funny.

Thank you Vish. Yes I will exercise all available options

Hopefully this will be overturned..... You have the interview transcript fortunately, so there's at least some chance at AR.
Otherwise you must go for JR.

my first AR was successful and my case was sent for reconsideration because refusal points were so dumb and clearly wrong. my answers wrtten in interview transcript were different, and the answers in refusal letter written by the home officer were different. they had no chance.

but they are so mean that they added 1 further refusal point which is total lie, rest copy pasted same letter as before. this is so frustrating. they are wasting time, doing refusals without any reason. they are refusing on purpose

[sm12]

I hope you are going for AR, and refer to the transcript that confirms that tenancy was never discussed.
It's bizarre that they just copied the same letter here again, except the above point.

[Faheemryk]

I hope you are going for AR, and refer to the transcript that confirms that tenancy was never discussed.
It's bizarre that they just copied the same letter here again, except the above point.

They refused me again, although .... they removed all other refusal points, but they gave me three same old points ... and refusued me.

I went for PAP on 21 december, I sent PAP

I got a letter dated 3 January with refusal... they are saying they made the right decision. I am going for JR now. HO has always been harsh on me .

[Faheemryk]

That is very disappointing.

You do need to go for an AR again - hopefully you will have a positive result.

the way home office has been dealing with Admin review is a joke, I cant believe how can they be so harsh on me. Their is no logic ... no sense ... the way they have been refusing me again and again .... in the latest refusal ... they removed all refusal points but stayed with three of them to refuse me.

[gbptier1general]

Faheem your point is absolutely right. They can't talk about something they have not made you aware off. This is nitpicking. After ar go for pap followed by jr if pap is ignored by them. You have a case and they won't stand . They r very funny.

Hi,
How come HO/UKVI act so FUNNY?
r they NOT responsible Body?

[Faheemryk]

Ok Dear Board Members

Here's an update on my application.

I got Visa !!!

Conclusion, employment created on Section 3 C is considered for points scoring.

After refusal of admin review. I went for PAP in december 2018. Home office immediately refused me again.

I went for JR, my barrister prepared a very good case, we included all evidence that proves that my business is genuine. Finally , a bundle of 700 pages was sent to HO.

at the end of march, home office legal team consented t settle case outside court.

11 April they issued visa, I received on 15th April. And now I am in Pakistan to spend some time with family.

[Bigyou]

Congratulations! Glad it went well for you. I wanted to know how it ended and very happy to see the hood news. Please how many tines did you have to re-apply? Did you pay new fees?
Waiting for your response.

[Faheemryk]

Congratulations! Glad it went well for you. I wanted to know how it ended and very happy to see the hood news. Please how many tines did you have to re-apply? Did you pay new fees?
Waiting for your response.

my first extension application was refused because I didnt meet requirement for job creation. hours were short

I applied again and used employment hours during section 3c. Yes I had to pay fees again.

HO did my interview which went well.

HO refused me.

AR 1 successful and HO agreed their mistake and reconsidered

refused again, I was given chance of a second AR

second AR2 refused.

went for PAP

refused

went for JR

approved

[uzair286]

Hi faheem hope you are well.
I am in the same boat. Applied for extension from outside uk.
Refused 1st time then applied for AR which is successful after that called for interviews refused again then applied 2nd time for AR refused agai. Now preparing for PAP hope this time will get my extension. Pray all please.