Tier 1 Entrepreneur Extension Visa Refused. 322(3)

[Adi87]

i justdiscussed with my employer and they are ready to give me a supporting letter it is a holiday pay not a actualy salary ... do you think it wll work out ?

[CR001]

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 justdiscussed with my employer and they are ready to give me a supporting letter it is a holiday pay not a actualy salary ... do you think it wll work out ?

So you actually did work between August 2014 and December 2014 and claim you only left your job when you got your BRP card in December. Now you want to potentially lie to HO and state it is holiday pay but you have stated you left the job in December???

I would suggest you do not compound your situation by trying to find a way out and fabricate information.

[marcnath]

what is the solution now ?

They must have indicated the next steps in the letter. I assume they have given the option of AR at least, not that it will be of any effect.

Unfortunately there is no other option. You will need to leave the country when informed of the same by HO and any future visa application will be refused for 1 year.

You can continue to run your business from abroad and consider coming back after one year - but that will be a new T1E application from start.

You seem to have a very friendly employer - you can try stating that it is holiday pay but you run the risk of being caught for deception which leads to a 10 year ban. In addition, your employer is risking fines and more for hiring someone who did not have the right to work.

[heyaheya]

I am sorry for this but did u send such document that it triggered off this and they had to check ur hmrc records..... it could be ur bank statement or anyother form of document that u provided them..

[nasiaziz]

sorry to hear that did you mention on the application form that you worked in contrary to your conditions of the visa?? theres a question regards to that on the form.

[zimba]

You clearly worked as an employee which is not allowed under Tier 1E rules. I do not see how you have a reasonable case against HO. They made a correct decision as you were in breach of the Tier 1E conditions of your stay

[Adi87]

Dear Members,

I have recently got refusal based on 322(3) where I failed to comply with the conditions. i will write down the senerio below. before moving forward i just wanted to know is it "Deception" or not ? and can i apply for a new case ?

Basically, this decision is been changed from 322(2) to 322(3).and it was the Admin Review. we have provided all the evidence and Home office changed the 322(2) to 322(3).and they accepted all my evidence. Now i have decided to go for the JR but we will definitely apply first Pre Action Protocol.

Issue was :HO granted me a Visa on 18th August 2014 and i received BRP card from my solicitor on 30th August 2014. same day i resigned from my job and other day my Manager called me at that time to come for a Sign off and hand over all the charge as i was a Shift Manager in that store. i went there on 6th of September and i never worked for that day but my shift was fully paid. technically i was on two week Notice period but i never worked after my resignation which i submitted on 30th August.My Employer mentioned in the referenece letter 6th of Septemeber was the last paid shift. Now Home office says you worked for the company and you were not allowed to work while having Visa . and my HMRC records and my Employer and Salary slips shows whatever i have receievd it was Holiday pay,Tax return and Bonus money. Visa Granted Day which is on BRP cARD WAS 18th of August. but i receievd BRP card on 30th August.

My question is What are rhe chances in JR to win this case ? and what other option do i have ?

Thanks

[marcnath]

Do not start a new topic for each question. Your posts have been merged.

Now that it has been merged, you seem to have two different set of facts. Earlier, you stated you only received the BRP in Dec. Now you mention it was received in Aug.

It is a lot easier if you are consistent but I think you have been given all the advice that can be given.

For example, to repeat :

You clearly worked as an employee which is not allowed under Tier 1E rules. I do not see how you have a reasonable case against HO. They made a correct decision as you were in breach of the Tier 1E conditions of your stay

[Adi87]

i received my BRP Card on 30th August not in December.

[marcnath]

i received my BRP Card on 30th August not in December.

My mistake, sorry.

Dec was when you said you worked until earlier. In the new post, you said you left 6th September. Which is the correct date ?

[Adi87]

I left the Job on 30TH August on the same day when i did receive the BRP card from my solicitor. and i been called to hand over everything on 6th of Septemebr by the Manager. but i did not worked on that day but day was fully paid.

[marcnath]

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

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.

Two of your earlier statements that seem to show you worked longer than 6th September.

[Adi87]

Just consider the 6th Sep .

[zimba]

UKVI cross checks your employment status against HMRC records. If you worked for an employer during the time which you held Tier 1E visa, you were in breach of the Tier 1E immigration rule and refusal is correct. You will not have any luck to challenge HO in JR on the grounds that such refusal is unlawful.

NOTE: The last day of your employment was the day which your previous employer submitted to HMRC as part of their monthly payroll submissions

[Adi87]

This is not the case. HMRC never mentioned whats coming .is that a salary or Tax refunds or Holiday Pay . Employer can confirm only what they paid.. i got Tax returns and Holiday Pay . and My Employer has confirmed my Las day was 6th of September.

[vinny]

See also some cases.

[Adi87]

Thanks - Three of the cases won and only one could not justify ... means chances are there if we have good solid evidences.