Further course of action in case of Admin Review Refusal

[diamond07]

Further admin review is available if paragraph 34n(2) is applicable. If reviewer withdraw previous readon and refuse with new reasons. Even though if review refusal does not mention about your further review right


quote="robertholdon"]Hello All,

I thought i would just post about what i've got now.

I received a letter today which is dated on 21 Nov. This is about 5 days after the letter was issued by HO.

My application has been refused and I've been awarded all points except the job created in the UK.

I obviously have had created 3 jobs and have been for more than 12 months. The reason that was refused is because of the No evidence of the star dates for the new employees. I understand that I have submitted all the payslips, Employees contract as well as FPS.

I am unable to show the start dates as I had previously changed my accountant and they didn't give me the FPS which is supposed to be showing the start dates and end dates.

I understand that i would be able to do my AR and it is within 14 days. I would just do it tomorrow as it is just a matter of paperwork. I am also thinking that i need to just let the solicitor do it as I believe they have much more experience than me.

I am also going to do the life in the uk test and because of this, I am supposed i would have to delay it.

Has anyone had refusal and granted afterwards? How long does it take to get the answer after that?

I hope this post is helpful and what a life here.

Thank you.[/quote]

[Momi]

It's super easy for home office to refuse any application whether it's genuine or not. But comply with policy guidance is our duty. We should have learnt that in initial application. Many of my friends who were running genuine business for couple of years got refused only on not genuine basis. It's all about luck. It's not tier 1 entrepreneur but tier 1 LUCK. Look for other options because chances are very slim to get visa on AR because AR DEPARTMENT is in same building. Home office will not go against their own case worker decision.

[robertholdon]

The problem with HO is that the lack of training and paper is just paper for them. They don't consider that it is really real human being that is behind the written application.

In my situation is that I have submitted everything and only that they are unable to confirm the start dates of employments created which they can easily find out this from HMRC.

It is really genuine application. I thought it would be really simple and easy straight forward process. It isn't

[Momi]

If you have an accountant who has done some extension applications then ask him/her about the calls they are receiving from home office regarding extension.
They have asked my accountant what balance sheet is. Most of home office staff are young or newly graduated staff.
God help us.

[robertholdon]

Have you already got the extension approved? I am sure HO will contact them. The documents submitted are all true and genuine and i don't know why they can't just pick up the phone.

What is your problem with the extension?

[diamond07]

Under 245AA evidential flexibily:
Caseworker was obliged to contact you to ask why signature was missing and to give you a chance to rectify a missing element in a specified doc. Please read Mandalia case of Judicial review.



quote="10020132"]Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me[/quote]

[OhmV]

Under 245AA evidential flexibily:
Caseworker was obliged to contact you to ask why signature was missing and to give you a chance to rectify a missing element in a specified doc. Please read Mandalia case of Judicial review.



quote="10020132"]Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

[/quote]


Thanks mate, I will find out more about it, at the moment submitted fresh application along with proof that we are a genuine business, in a small community , offering employment opportunities where not much employment is available, it's been over 6 weeks and waiting for the outcome

[samaygrg]

It's super easy for home office to refuse any application whether it's genuine or not. But comply with policy guidance is our duty. We should have learnt that in initial application. Many of my friends who were running genuine business for couple of years got refused only on not genuine basis. It's all about luck. It's not tier 1 entrepreneur but tier 1 LUCK. Look for other options because chances are very slim to get visa on AR because AR DEPARTMENT is in same building. Home office will not go against their own case worker decision.

Agreed 100% with Momi. Home office looks for any reason to refuse visa these days, no matter how genuine one is. Getting visa straightaway sounds like 'once in blue moon' or if someone's luck is totally on their side.

Anyways, we do not mean to discourage anyone, as we all are floating on the same boat. Just like to drop our opinion which is we should not leave any flaws (go along the guidance) so that at least we can get up to the AR reasonably.

Cheers

[robertholdon]

Hello.

Can you please share with us what your update is ?

I have also submitted my AR this week and i quoted under the guidance that the case worker should ask the information if it is missing. Not just refusing the application.

I have submitted all the documents and they are unable to find the start date of employments as the FPS was not submitted, but i did have a confirmed letter from accountant about this.

It's just really a mistake that we didn't submit the start date of employments showed on FPS.

They refused but acknowledge that the jobs were there.

The question for me is that how fair is this AR as it is really against their own decision. I am just worried that after investing a lot of money in the business and it's just slightly mistake.

[Tier1newbie]

The AR team is definitely more sensible than the case working team. They are senior case workers who check the case to understand if the case worker has made some mistake or omitted any steps which he should have taken and what would happen if you take them to court against their decision. But recently they have been stubborn as hell and just want to make life miserable for every applicant so that they get frustrated and do not stay in the UK. In your case I would not hold my hopes high as they most of the time stick with the decision made by the case worker untill it is a major ommision by the case worker. I think you have a solid case and can take them to court and win.

Good Luck

Hello.

Can you please share with us what your update is ?

I have also submitted my AR this week and i quoted under the guidance that the case worker should ask the information if it is missing. Not just refusing the application.

I have submitted all the documents and they are unable to find the start date of employments as the FPS was not submitted, but i did have a confirmed letter from accountant about this.

It's just really a mistake that we didn't submit the start date of employments showed on FPS.

They refused but acknowledge that the jobs were there.

The question for me is that how fair is this AR as it is really against their own decision. I am just worried that after investing a lot of money in the business and it's just slightly mistake.

[Momi]

It was proved in past that 95% home office decisions were wrong. That's why majority of the applicants got visa after appeal. 100000's people were effected after appeal rights were abbolished and no one even care to take this home office decision to court or even start a petition against it.
How long people will become the victim of home office stupid policies? Seniors should contribute on this. These days Mr Corbyn is taking all matters to parliament. I'm sure if we just write him. He will definitely ask about reinstatement of appeal rights in PMQ's sessions.
Please guys contribute.

[naveediiqbal]

It was proved in past that 95% home office decisions were wrong. That's why majority of the applicants got visa after appeal. 100000's people were effected after appeal rights were abbolished and no one even care to take this home office decision to court or even start a petition against it.
How long people will become the victim of home office stupid policies? Seniors should contribute on this. These days Mr Corbyn is taking all matters to parliament. I'm sure if we just write him. He will definitely ask about reinstatement of appeal rights in PMQ's sessions.
Please guys contribute.

I do agree.

[OhmV]

Hi all
Just wanted to share my good news with the members, my solicitor received BRP yesterday with an extension of further 2 years. BRP states the extension from 14/12 for nest 2 years, so don't know what will happen when I apply for my ILR in about 15 months time, as technically have been an over-stayer since July 2015, but for now I am very relieved. Thanks very much for all the members for their contribution and all the best who are awaiting the outcome of their application. My timelines are as follows

T1 Visa Expired : 25th June 2015

T1 Extension application submitted: 17th July 2015 (with in 28 days of expiry of Visa)

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

BRP Received: 17th Dec 2015

Regards
Ohm

[naveediiqbal]

Hi all
Just wanted to share my good news with the members, my solicitor received BRP yesterday with an extension of further 2 years. BRP states the extension from 14/12 for nest 2 years, so don't know what will happen when I apply for my ILR in about 15 months time, as technically have been an over-stayer since July 2015, but for now I am very relieved. Thanks very much for all the members for their contribution and all the best who are awaiting the outcome of their application. My timelines are as follows

T1 Visa Expired : 25th June 2015

T1 Extension application submitted: 17th July 2015 (with in 28 days of expiry of Visa)

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

BRP Received: 17th Dec 2015

Regards
Ohm

Many congrats mate. I m really happy on your win

[solomondid]

Congratulations Ohmv,

Momi, visa is a privilege not our right, hope u understand this basic principle first. What govt does and new rules are all invented due to our own silly mistakes. Why DVLA and other departments rules dont change overnight? We come here, we want everything religion, money, our kind of ethnicity, our culture, would we allow any immigrants such freedom in our own countries, i dont think except britain you get these all rights anywhere despite your status. However, if theres a genuine mistake like in the case of Ohmv whats in place is sufficient to achieve success.

[samaygrg]

Hi all
Just wanted to share my good news with the members, my solicitor received BRP yesterday with an extension of further 2 years. BRP states the extension from 14/12 for nest 2 years, so don't know what will happen when I apply for my ILR in about 15 months time, as technically have been an over-stayer since July 2015, but for now I am very relieved. Thanks very much for all the members for their contribution and all the best who are awaiting the outcome of their application. My timelines are as follows

T1 Visa Expired : 25th June 2015

T1 Extension application submitted: 17th July 2015 (with in 28 days of expiry of Visa)

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

BRP Received: 17th Dec 2015

Regards
Ohm

Congratulations. we wish you good luck.

[diamond07]

I hope you have made AR.

Your case is very simple to win:

1. Under evidential flexibility rules para 245AA, home office was obliged to ask for clarification to you as of why signature was missing.

2. If your accountant has given you a letter in which he has mentioned your name and if your management accounts were
at least stamped or signed by your accountant, it also proves,
Submitted management account is genuine and you just forgot to sign the paper.

3. You could have submitted new documents which is submitted management accounts to HMRC. This can be asked from HMRC or may be downloadable. Just ask your accountant.

4. Under evidential flexibility rules you can submit new documents which should have been asked by case worker.


5. Please also tead mandalina case from upper tribunal on evidential flexibility

Hi Momi & others

Can you please guide me which signatures are you guys talking about as i dont know about it and my extension is due next month please help me

Anyone to shed light on as to which signatures are these?

The signature need to be there on statutory accounts as well as full payment submission

[robertholdon]

Hello All,

I received a letter today for my AR and it was unsuccesful even though all information are there. My AR is decided for more than 28 days. I was hoping that it would be positive, but it is not.

As mentioned earlier that the only issue is the start dates of employment which they can actually verify that easily from other documents. They just didn't bother to check it.

I don't know what step that i need to do now, but assuming fresh application is the best for now.

[Momi]

Hello All,

I received a letter today for my AR and it was unsuccesful even though all information are there. My AR is decided for more than 28 days. I was hoping that it would be positive, but it is not.

As mentioned earlier that the only issue is the start dates of employment which they can actually verify that easily from other documents. They just didn't bother to check it.

I don't know what step that i need to do now, but assuming fresh application is the best for now.

See. I told you before. Make sure you read policy guidance 10's of time and supple each document they required. Hopefully you will get the visa this time.

[Pialroy]

Hi all
Just wanted to share my good news with the members, my solicitor received BRP yesterday with an extension of further 2 years. BRP states the extension from 14/12 for nest 2 years, so don't know what will happen when I apply for my ILR in about 15 months time, as technically have been an over-stayer since July 2015, but for now I am very relieved. Thanks very much for all the members for their contribution and all the best who are awaiting the outcome of their application. My timelines are as follows

T1 Visa Expired : 25th June 2015

T1 Extension application submitted: 17th July 2015 (with in 28 days of expiry of Visa)

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

BRP Received: 17th Dec 2015

Regards
Ohm

Just want to ask you few things regarding your fresh application,
as my situation almost same like yours

1. in your admin review refusal within how many days you can do that fresh application mentioned? as in my one it is saying within 14 days.

2. did they returned your heath surcharge fess and you made a new payment? or you used the previous heath surcharge reference number?

3. in the application form "D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made?" did you select yes option or no option?
as I can see your visa was expired...

4. in the application form "C4. Is your current Passport/Travel document enclosed?"
did you select not enclosed?

5. D6.Tick to confirm you are submitting evidence of exceptional circumstances which prevented you from submitting your application within 28 days of overstaying. did you ticked that box????

lastly
6. in the summery sheet did you mentioned that passport is attached?

please if you can advice me regarding this situation that will really help.

[robertholdon]

Dear Plalroy,

Can you tell us why you got rejected?

I applied again in 5 days after receiving the letter. I know that it is 14 days and i am not sure why it is 14 days as if you are overstayer, you can apply within 28 days. I am also confused for this. What i did was.

1. 5 days
2. Not yet, I needed to pay another one.
3. Yes
4. No
5. ticked ( i explained i submitted in time and went through admin and just got the result)
6. No

Hopefully you can share yours too.

Rob

[yyyekj]

Hi all
Just wanted to share my good news with the members, my solicitor received BRP yesterday with an extension of further 2 years. BRP states the extension from 14/12 for nest 2 years, so don't know what will happen when I apply for my ILR in about 15 months time, as technically have been an over-stayer since July 2015, but for now I am very relieved. Thanks very much for all the members for their contribution and all the best who are awaiting the outcome of their application. My timelines are as follows

T1 Visa Expired : 25th June 2015

T1 Extension application submitted: 17th July 2015 (with in 28 days of expiry of Visa)

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

BRP Received: 17th Dec 2015

Regards
Ohm

Hi Ohm,

Do you still remember when did you receive your IHS partially refunded for your second application?

Thanks,

[alex87]

T1 Extension Refused: 29th August 2015

Administrative Review Refused, enforcement letter issued: 29th Sep 2015

Fresh Application Submitted : 18th Oct 2015

Congratulations! But how did you manage to submit a fresh application more than a month after the first refusal?

[zimba]

Congratulations! But how did you manage to submit a fresh application more than a month after the first refusal?

As long as you initially apply before your visa expires, your leave will be extended automatically under section 3C rule until your AR is concluded. After that you become an over stayer but given that HO ignores up to 28 days of over staying, you can file a fresh application in that period (but you remain an over stayer until your application is decided)
In the above case he became an over stayer on 29th September and applied again in less than 28 days.

[nv2015]

Dear Ohm,

im in the same situation. could you please help me.