Tier 1 Entrepreneur Extension Visa Refused. 322(3)

[Adi87]

Hello Every one,
i was on Tier 1 Entrepreneur Visa and i did applied extension last year in August 2017. decision came today with deception. issue is i got visa in August 2014 and i left my job December 2014.even though i was working one day and payments reflect in to my personal account. home office says i was not allowed after Tier 1 visa approval which is correct.but Now from last 4 years i am running my successful business which i have records and everything.

question is now how can i take this situation even though i did worked which i am excepting . i am confused on which terms i can file my case or Jr . help requested with poits please ...


Thanks

Regards

[sm12]

You worked for one day or up until December 2017?
Did they interview you and ask you about this?

[Adi87]

only one to two days .. August to December 2014.

[CR001]

only one to two days .. August to December 2014.

Per month or during the whole period??

Why were you working when you knew you would be breaching your visa conditions?

[sm12]

only one to two days .. August to December 2014.

Did you work one or two days before receiving the decision, or were these one or two days worked after you received your entrepreneur permit?

[Adi87]

at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

[sm12]

at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

What exactly did they write in the letter?
If you worked after receiving your approval, it will be very tough to fight this but you should seek legal advice.

[Momi]

at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

It's a difficult one to clear on JR. you can't argue that you were struggling that's why you carried on your job even it's one day a week.

[marcnath]

at that time i was struggling to start my business. and i was giving a time to my business and only one day i was working just to cover the weekly expenses.

I am not sure why you are not clear about how much you have actually worked ?

It looks like you were working one day a week for 5 months ?

If so, that is going to be tough to argue.

Having said that, I don't understand the "deception" part. You were in violation of the immigration rules and so they should curtail your visa.

However, unless you deliberately gave wrong information, it can't be deception.

[Ab2632]

Did they interview you and ask you about this or they find employment history by Hmrc?

[Adi87]

no interview at all .. they contacted by HMRC ..

[Adi87]

Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.

[sm12]

Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.

Have they actual refused under deception? Is deception mentioned in the refusal?

[Casa]

Actual Wording of Home office ...
"We conducted checks with HMRC and your HMRC PAYEE records show that you have been working for XYZ company working as an emplyee from Novemver 2013 to 12 Decemebr 2014.but you have not been granted permission to work for this employer,as you became a Tier 1 Entrepreneure on 18th August 2014. there fore you have breached the condition.

In which case the Home Office is fully aware of your period of employment from HMRC records. .

[Casa]

decision came today with deception.

[Adi87]

in light of this secretary of state has deemed that refusal is appropriate and uder paragraph 322(3) and is not prepared to exercise discretion in your favour.......................

[Adi87]

there is no "deception" word in the complete decision.

[Momi]

there is no "deception" word in the complete decision.

This is the reason

322(3) failure to comply with any conditions attached to the current or a previous grant of leave to enter or remain, unless leave has been granted in the knowledge of a previous breach;

[Adi87]

what is the solution now ?

[Ab2632]

did they refund you ihs partial or full?

[Adi87]

NOT YET

[sm12]

Have you hired a solicitor?
The issue is that you continued for several months even though the biometric card clearly says you can work for your own business only.

[Adi87]

but unfortunately, my BRP card was received in December due to my solicitor. he gave me post very late . i was not aware of this. when i receievd BRP I left the job straitaway.

[sm12]

but unfortunately, my BRP card was received in December due to my solicitor. he gave me post very late . i was not aware of this. when i receievd BRP I left the job straitaway.

The issue is that proving that is difficult, and also, being unaware of the rules may not be an acceptable argument to HO.
However, you could try to explain the above in your admin review that you left the job as soon as it came to your knowledge. You should seek legal help from another solicitor as well, to see how to best structure your argument.

[Momi]

but unfortunately, my BRP card was received in December due to my solicitor. he gave me post very late . i was not aware of this. when i receievd BRP I left the job straitaway.

I know so many people who left their jobs the day they received approval. Some had financial difficulties after that.
It was in my mind that HO will probably start looking on this side. Because so many people kept working after approval even knowing that they ain't allowed to work under tier 1 entrepreneur.
Anyway get in touch with a bestest solicitor asap.