URGENT - Administrative Review - Tier 1 Initial Application

[amitpate]

My initial application for Leave to Remain under Tier 1 (Entrepreneur), switching from Tier-1 (Graduate) Entrepreneur is refused.

I have formed an Entrepreneur Team and currently have a Tier 1 (Graduate) Entrepreneur Visa. I have 2 business in UK & for one I have received investment from VC(£150k) + Govt. department(£100k).

I`m awarded 0 points out of 75 points under Appendix A. The reasons for the same are detailed below.

Appendix A: Attributes:
1) Applicant has access to funds as required : (0 / 25)
As evidence you have provided an accountant's letter from XXXX, a declaration from XXXXX(Govt. Dept), Barclays Bank Statement, a Certificate of Incorporation of a Private Limited Company, and a Business Plan. However, you have not provided sufficient evidence with your application, as specified under Appendix A of the Immigration Rules.
You have not provided a printout of a Companies House Current Appointment Report. Also, you have not provided any accounts, and you have no provided documentation from HMRC which confirms that your company is registered for corporation tax.
The Secretary of State is not satisfied, therefore, that you qualify for the award of points in this area. The acceptable evidence as defined in paragraph 41-SD of Appendix A of the Immigration Rules must be provided in order for you to meet the criteria and be awarded points.
..... you do not qualify for award of 25 points in this area.

I have read the guidance document carefully it does not specify to submit the Corporation Tax document, Company Accounts and Current Appointment Report from Companies House. I did submit the document downloaded from Companies House that clearly states the reg. office address and the directors of the company. This document I submitted from companies house also states: "This is the summary of your company information held at Companies House as on 01/02/2016.

2) Funds held in regulated financial institutions : (0 / 25)
As explained earlier in this letter you have not demonstrated you have access to the required level of funds. As such we are unable to accurately assess this attribute as you have not demonstrated that the full amount of the required funds as required is held with regulated financial institution.

I already had £150k from the investors in my company business account held in UK. I have submitted the accountants letter and Barclays Bank account statement for the same. What more is required here ?

3) Funds Disposable in the United Kingdom : (0 / 25)
As explained earlier in this letter you have not demonstrated that you have access to the required level of funds. As such, we are unable to assess this attribute as you have not demonstrated that the full amount of the required funds is disposable in the United Kingdom.

The investment money is already in UK Company Bank Account. Barclays Bank Statement attached.

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The Immigration Rules for evidence flexibility only cover missing documents from a sequence of documents that have been provided with the application, such as one bank statement missing from a series, or missing information from documents which have been provided. Therefore in line with paragraph 245AA(b), as the missing specified document does not fall within a series of documents that you have provided, we have reached a decision based on the evidence provided in the application.
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The guidance document states that for switching from Graduate Entrepreneur I don`t even need to be in business before. So why my application stands for refusal, I don`t get it .

I cannot find anywhere that I had to submit Company Accounts, Corporation Tax document and Current Appointment Report (This is not free Report need to pay £63 to receive this from Companies House).
My application is Initial Application for leave to remain & I`m switching from Graduate Entrepreneur visa.

Please help me, what should I do. As I read I cannot submit new documents in Administrative Review.

Looking forward to hearing from you.
Thanks in advance.

[yhm75]

1) current appointment report is free from company hose when u order online
when u order on phone is £3 and its requirement when u submit entrepreneur visa

2) corporation tax paper u received when u registered a company its not requirement but when u setup company already then u have that letter why not u send it with application to show genuine entrepreneur application

3) can u pls clear if u submit application through solicitor then he should know all requirements ?

[amitpate]

1) current appointment report is free from company hose when u order online
when u order on phone is £3 and its requirement when u submit entrepreneur visa

2) corporation tax paper u received when u registered a company its not requirement but when u setup company already then u have that letter why not u send it with application to show genuine entrepreneur application

3) can u pls clear if u submit application through solicitor then he should know all requirements ?

Thanks for the reply.
Well, I read the guidelines and it did not mention it. Is there a document I should have referred to before submitting the application that lists these documents. I submitted the application myself without any solicitor help, unfortunate.
I`m a genuine entrepreneur have 4 full-time employees and investment of £250k.

So what is the possible solution for this.

[zimba]

It seems you claimed that the money was invested in a uk company. In that case you have to prove such an investment in the uk business with all the documents required like current appointments report, CT600, unaudited accounts and compilation report, etc

[amitpate]

It seems you claimed that the money was invested in a uk company. In that case you have to prove such an investment in the uk business with all the documents required like current appointments report, CT600, unaudited accounts and compilation report, etc

Hi zimba88,
Thanks for the reply.

Please help me here. I`m confused with term "Invested in UK Company".
I received investment from Govt. Dept and VC and they transferred all the investment money in my Company Bank Account. The money is still in Bank Account and is not yet spend.

What I understanding is that, my above case is "Access to Funds". The "Invested in Company" is something like money invested in the company and is spent on company expenses (no more in Bank Account). Please correct me if I`m wrong.

Also, the most important question is what should be my next steps. Can I submit the requested documents with my Administrative Review, as I can get all the mentioned documents (it`s just that I did not submit with my main application, my bad ). Do they consider this case ?

Please help. Thanks again.

[amitpate]

It seems you claimed that the money was invested in a uk company. In that case you have to prove such an investment in the uk business with all the documents required like current appointments report, CT600, unaudited accounts and compilation report, etc

Hi zimba88,
Just to highlight my case:
- Tier 1 (Entrepreneur) Initial Application.
- Switching from Tier 1 (Graduate Entrepreneur).
- Investment in Company from Govt. Dept (100k) & VC (150k).
- Currently have 4 Full-Time Employees.

I think in Tier 1 (Entrepreneur) Initial Application & Switching from Graduate Entrepreneur, does not require the documents that HO says I haven't submitted. ["Corporation Tax Reg., Company Accounts, Current Appointment Report"] I claimed for just 50k from Govt. Dept. In the case of switching, I need only access to money & that too from any source. (as per guidelines)

If I have made a mistake of not sending the above documents what are my options. In Switching (from Grad. Entrepreneur) I can only apply from inside UK & before my existing visa expires. (My Visa Expired on 5th Feb 2016).
Anyone, Please help me here. I read that I cannot attach new documents in AR & no appeal too .

[zimba]

As per my understanding, during initial application you have to show either you personally have access to the funds (personal bank) or the funds are already invested (transferred) in a uk business. If the funds are invested, then you need to provide all the documents required for investment. I think the guide is quite unclear on this however last paragraph of Annex A4 vaguely mentions this.
You are not allowed to add documents during AR and there are no appeal rights anymore. Your best bet is to get all the investment documents (as if you are applying for extension) and send in a new application after your AR is concluded.

[amitpate]

As per my understanding, during initial application you have to show either you personally have access to the funds (personal bank) or the funds are already invested (transferred) in a uk business. If the funds are invested, then you need to provide all the documents required for investment. I think the guide is quite unclear on this however last paragraph of Annex A4 vaguely mentions this.
You are not allowed to add documents during AR and there are no appeal rights anymore. Your best bet is to get all the investment documents (as if you are applying for extension) and send in a new application after your AR is concluded.

Thanks, it`s helping me understand the guidelines and Appendix A. Yeah if I don`t have a positive answer from AR. I would go back to home country and make a new application for Tier 1 (Entrepreneur) with entry clearance.

[amitpate]

The refusal letter says my application was refused because:

"The Secretary of State is not satisfied, therefore, that you qualify for the award of points in this area. The acceptable evidence as defined in paragraph 41-SD of Appendix A of the Immigration Rules must be provided in order for you to meet the criteria and be awarded points.
On the basis of the documents you have provided, however, theSecretary of State is not satisfied that these meet the requirements specified under paragraph 41-SD of Appendix A of the Immigration Rules and you do not qualify for the award of 25 points in this area."

On carefully reading the 41-SD I found that HO has incorrectly considered my application, as applicable to point 41-SD(e). The 41-SD(d),(e) does not apply to my application. The documents requested in 41-SD(e) are same as mentioned as "Not Provided" in the refusal letter. I have provided all the documents in 41-SD(c)(iii) which is applicable to my application.

I referred the point 41-SD from this link.
https://www.gov.uk/guidance/immigration ... attributes.

Also for the below Q. (G5 on pg. 29) in Visa Application form, I have answered "No, none of the funds".Thus, 41(b) and 46-SD does not apply with my application too.

G5. Have you already invested all or part of the funds in a UK Business that you have joined
or started, within the 12 months (or 24 months, if your last grant of leave was Tier 1 (Graduate
Entrepreneur)) before the date of this application?