TIER 1 ENTREPRENEUR VISA EXTENSION REJECTED

[shahanaz]

Dear Sir/Madam,
we are a entrepreneur team we invested more than the full amount over £200,000 into business.
our visa got rejected today on the basis of 2 Extra job creation and they have given us 14 days to review.

let me explain in detail we started an mot garage in june 2011 while we applied for our initial psw visa. so we made our elder brother and friend as directors of our company and we were running the business on a day to day basis with more than 6 staff members . all the money came from our account for all the investment , we miss interpreted the rule for tier 1 thinking to be the director of our company once we received our tier 1 entrepreneur visa which we applied on june 2012 and got visa on jan 2013.

when we became directors on jan 2013 , the business started to go bad and we only had 3 staff remaining and we took 1 part time staff later on. we sold the lease on august 2014 and retained the company and changed our trading / name and activites and still engaged in business . we didn't employ any staff as we were involved in trading of computer hardware wholesale. Now home office considers my company as existing company and they rejected visa for not having created 2 extra jobs since we became directors despite having 6 staff from the start working for us for the past 3 years.

my 10 years is due on this 3rd sep 2016 and now i am stranded. is there a way we can prove this is our company from the start or can some one suggest how to prove that we had adequate staff . how to come out of this situation and if rejected what is the next course of acion. will it affect my 10 years in this country. please kindly do suggest us on what basis we can appeal and anyone been in this situation before.

[moongesture]

Hi Shahanaz,

Sorry to hear that;

"Where you have taken over or invested in an existing business, your services and investment must have resulted in the businesses providing, between them the equivalent of two extra full-time jobs

Your case description seems to be that you have taken over existing business and not resulted a net increase of required number of employment(s). If by any means you believe that two extra people were employed since after you joined the business then a letter from accountant confirming the above should be fine if you launch a new application. I am afraid AR may not be sufficient.

[shahanaz]

thank you sir,

this is me and my brother company from initial all investment came from us, we failed to registered ourselves as directors due to judgement of errors now its come back to bite us. when we became directors on jan 2013 change of shares we changed all our employees employment contract from zero hours to 30 hours minimum can we show them as new employees as we are allowed to do so by law not covered by tupe. does new contract means not existing staff but new staff and we didn't have to change the employee accounting details. can this be shown as 4 staff.

is the above mentioned point a good basis to appeal ? . kindly some one guide me on how to convince the case worker or judge that we invested in business while we were student and when we applied for initial psw so we put our elder brother and friend as director , we showed all bank accounts to home office proving the investment came from us and they gave marks for full investment. i humbly request any one to point me through a solicitor or consultant or give me some sort of advice to present my case.

[zimba]

thank you sir,

this is me and my brother company from initial all investment came from us, we failed to registered ourselves as directors due to judgement of errors now its come back to bite us. when we became directors on jan 2013 change of shares we changed all our employees employment contract from zero hours to 30 hours minimum can we show them as new employees as we are allowed to do so by law not covered by tupe. does new contract means not existing staff but new staff and we didn't have to change the employee accounting details. can this be shown as 4 staff.

is the above mentioned point a good basis to appeal ? . kindly some one guide me on how to convince the case worker or judge that we invested in business while we were student and when we applied for initial psw so we put our elder brother and friend as director , we showed all bank accounts to home office proving the investment came from us and they gave marks for full investment. i humbly request any one to point me through a solicitor or consultant or give me some sort of advice to present my case.

Sadly your case is very difficult to argue. According to immigration rules, you joined an existing businesses and therefore anyone hired before you two joining the business as directors will not be counted for the award of points towards your extension, whether you were the sole investors or shareholders from day one or not. You were required to increase the net employment by at least two people, so arguing contract changes will not help.
Your chances to argue anything in AR is in my view quite slim. If your AR is rejected, your 10 year continuous time in the UK nfortunately will be affected.

[noajthan]

Dear Sir/Madam,
we are a entrepreneur team we invested more than the full amount over £200,000 into business.
our visa got rejected today on the basis of 2 Extra job creation and they have given us 14 days to review.

let me explain in detail we started an mot garage
...
...

Now home office considers my company as existing company and they rejected visa for not having created 2 extra jobs since we became directors despite having 6 staff from the start working for us for the past 3 years.

my 10 years is due on this 3rd sep 2016 and now i am stranded. is there a way we can prove this is our company from the start or can some one suggest how to prove that we had adequate staff . how to come out of this situation and if rejected what is the next course of acion. will it affect my 10 years in this country. please kindly do suggest us on what basis we can appeal and anyone been in this situation before.

Seems some misunderstandings &/or poor advice was given here.
See https://www.google.co.uk/url?sa=t&rct=j ... 3917,d.d24

Regarding refusals see HO guidance:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
- ref page 140