AR refused

[Uo201]

Hello guys,
I just received a reply saying my AR has been refused. They still stand by their original decision. Their reason was that my company's annual account shows investment of £68k.
. "However, there is insufficient evidence that this money was invested by you or on your behalf in your name as required by paragraph 46SD (b)(1) of appendix A."
In my AR, I have stated that the money could have only be invested by me since I am the sole director of the company but they have still refused this.
Is it possible to make a fresh application? but for me I have not got the maintenance funds for 90 days. Is there another way out for me?

[marcnath]

Hello guys,
I just received a reply saying my AR has been refused. They still stand by their original decision. Their reason was that my company's annual account shows investment of £68k.
. "However, there is insufficient evidence that this money was invested by you or on your behalf in your name as required by paragraph 46SD (b)(1) of appendix A."
In my AR, I have stated that the money could have only be invested by me since I am the sole director of the company but they have still refused this.
Is it possible to make a fresh application? but for me I have not got the maintenance funds for 90 days. Is there another way out for me?

You can make a fresh application but you need to have the maintenance funds. Even if you have it an overseas account, that should work

[farhangul]

Hello guys,
I just received a reply saying my AR has been refused. They still stand by their original decision. Their reason was that my company's annual account shows investment of £68k.
. "However, there is insufficient evidence that this money was invested by you or on your behalf in your name as required by paragraph 46SD (b)(1) of appendix A."
In my AR, I have stated that the money could have only be invested by me since I am the sole director of the company but they have still refused this.
Is it possible to make a fresh application? but for me I have not got the maintenance funds for 90 days. Is there another way out for me?

Did you not submit your banking transactions to support your investment?

[kaps84]

Their reason was that my company's annual account shows investment of £68k.
. "However, there is insufficient evidence that this money was invested by you or on your behalf in your name as required by paragraph 46SD (b)(1) of appendix A."

How did you make the investment?
What do you think they might have uphold the decision?

[moongesture]

While you are going to apply again you have to consider Appendix A para 45 now. How the investment had been shown in relevant set accounts you submitted in support of your last application?

If you can also list the document you have provided we can provide further help.

[Uo201]

I submitted full business bank statements for the last 4 years and it shows all business transactions and also moneies transfered from my personal account which makes up the money invested.

I was awarded 0 points for investments made in the UK business

The reason for this decison is detailed below

You have stated that you have invested or had invested on your behalf at least 50k into one or more businesses in the UK

Paragraph 46SD(b)(1) of the immigration rules states as follows:
(b)When evidencing the investment;(1) The audited or unaudited accounts must show the investment in money made directly by the applicant in his own name or on his behalf (and showing his name)

As evidence to demonstrate the above, you have supplied:

Business bank statements
Directors loan agrement
Unaudited accounts for 2017

The evidence you have provided is not sufficient because the unaudited account that you have submitted does not show any investment in your name as specified in the above mentioned immigration rule

[marcnath]

Hello guys,
I just received a reply saying my AR has been refused. They still stand by their original decision. Their reason was that my company's annual account shows investment of £68k.
. "However, there is insufficient evidence that this money was invested by you or on your behalf in your name as required by paragraph 46SD (b)(1) of appendix A."
In my AR, I have stated that the money could have only be invested by me since I am the sole director of the company but they have still refused this.
Is it possible to make a fresh application? but for me I have not got the maintenance funds for 90 days. Is there another way out for me?

Based on the refusal you posted separately, it looks like you did not satisfy the requirement.

How did you try to argue this in the AR ? But now that the AR is also refused, your only option is a fresh application

[farhangul]

I submitted full business bank statements for the last 4 years and it shows all business transactions and also moneies transfered from my personal account which makes up the money invested.

I was awarded 0 points for investments made in the UK business

The reason for this decison is detailed below

You have stated that you have invested or had invested on your behalf at least 50k into one or more businesses in the UK

Paragraph 46SD(b)(1) of the immigration rules states as follows:
(b)When evidencing the investment;(1) The audited or unaudited accounts must show the investment in money made directly by the applicant in his own name or on his behalf (and showing his name)

As evidence to demonstrate the above, you have supplied:

Business bank statements
Directors loan agrement
Unaudited accounts for 2017

The evidence you have provided is not sufficient because the unaudited account that you have submitted does not show any investment in your name as specified in the above mentioned immigration rule

As i understand, your unaudited accounts does not show investment with your name. I had the same case, which was refused in AR as well. But we won in PAP and it went back into reconsideration. Most important thing is what you submitted with your case to justify your investment. Did you send them any accountant letter with your case? Did you investment right amount of funds in business? If Yes then it would not be a big issue and you can justify it in JR.

[Uo201]

I submitted accountants letter as well as other documents I listed above. Also I invested over the required 50k.
Can you please tell me what the process of JR is?
And what do you mean by PAP.

[farhangul]

I submitted accountants letter as well as other documents I listed above. Also I invested over the required 50k.
Can you please tell me what the process of JR is?
And what do you mean by PAP.

If you have done above investment and submitted accountant letter explaining such investment in your accounts then it will be easy to go in JR. After AR refusal, our solicitor sent them Pre Action Protocol (PAP) letter (which actually informs HO legal team that we are going ahead for JR and if they want to reconsider our application then we can stop further). They accepted our PAP and withdrawn this decision. But before PAP, we also launched a fresh ext application. You can refrain our post as well to have an idea about such matter (it should be on first or second page, 'Tier 1 application refused due to investment not identifiable in accounts').

Can you please also tell us how your investment is mentioned in your annual or management accounts? Is it just 'Other Creditors' or any other head?

[Uo201]

It was mentioned as (creditors: Amount falling due after more than one year)

[farhangul]

It was mentioned as (creditors: Amount falling due after more than one year)

Ok. Actually in annual or management accounts, director loan must be mentioned with the name of director/s. If that is not specified then Case Workers are (sometimes) presenting it as 'unidentifiable investment'. You can support your case from following section to proceed further:

Paragraph 245AA of the Immigration Rules on evidential flexibility as much is relevant is given below;
"(b) If the applicant has submitted the specified documents and:
(i) some of the documents within a sequence have been omitted (for example, if one page from a bank statement is missing) and the documents marking the beginning and end of that sequence have been provided; or
(ii) a document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or
(iii) a document is a copy and not an original document; or
(iv) a document does not contain all of the specified information;"


But still you can proceed and can try arguing that section 245AA (d)(i) should be applied - i.e even if the submitted document was not in the exact format, the information was contained in other documents submitted. And the CW should have requested for more documents or used their discretion to approve the application based on that information.'

[moongesture]

The balance sheet of your annual or management account(s) should mention that who is "the Creditor" and if that's you then your name should appear in notes.