Right of Second Admin Review

[diamond07]

This is just for information to the relevant people and to seek input from the people who may have experienced the similar situation.

1. Applied 2nd time for tier-1 (50k) route 21st sept 2015
2. Refused 19th OCT 2015-
Reason: Your business activities are not continuous since before 11th july 2014 up to application time.
One of the documents was overlooked.
3. Admin review application 1st of Nov 2015.
Clarification given for considered documents and notified of overlooked document.

4. AR Refused 16th Nov 2015:
Considered overlooked document. And said, overlooked document is considered by reviewer but it does not have my name on it on my business advertisement. But did not say, this overlooked advertisement was continuous or not. Maintained the decision.
But no specific clarification was given for refusal. Whether it was rejected because advertisement was not continuous or whether it is because only my name was missing from business advertisement.

No further admin review right given.

5. It seems awkward to me. Because overlooked advertisement was clearly continuous. Reviewer very cleverly avoid the issue by not mentioning whether it was continuous or not.

6. I went through
A) immigration rules para 34M to 34 Y
B) Immigration rules Appendix AR
C) All the upper tribunal judgement on tier1 entrepreneurship visa, case of mandalina, case of Akhter and case of Shebl.

7. After this, It was clear to me that reviewer has done in fact a very big injustice by not giving me further AR RIGHT.
I applied for second time AR online and sent application by post with supporting confirmation documents.
I explained under which rules this second AR should not be invalidated. and then pointed out case working error in light of immigration rules and court judgement.

My arguments were,
a) There is not requirement to show director of business name in an business advertisement, as director's position can be verifiable from company filing history.
b) Under para 245AA, caseworker was obliged to ask for clarification from me about missing elements in specified doc.
8. Second AR made 1st of Dec 2015

Now waiting for result.

[samaygrg]

Hope positive, I think you have winning points.

[diamond07]

Ukvi mailed me they cant decide my case within 28 days which was 28th dec.

May be its because of xmas holiday.

Lets see

Hope positive, I think you have winning points.

[helpingperson]

Please keep us updated with progress. Thank you.

[diamond07]

Please keep us updated with progress. Thank you.

Even though UKVI emailed me on 22nd Decemeber 2015 that they can not decide my case within 28 days which I did not reply them but later on on 31st December 2015, I have received the letter invalidating my second AR application. Letter was dated 24th December.


There was no convincing explanation on why they have not accepted my grounds which I wrote and showed them under para 34M to 34Y immigration rules how second AR was Valid. I specifically mentioned them in my case para 34N(2) applies.

But they have not given any reasonable explanation just simply said
under para 34 L to 34 Y, your application is invalid.

And simply said, we have previously reviewed the decision and found original decision was correct.

But my submission was that initial application was rejected for continuity and AR was rejected because of missing information in specified documents. Letter does not mention any thing about it.

Now, I am preparing for PAP and JR.

I think, with consultation with lawyer,
I am preparing following grounds:

1. Not giving second AR right by first admin reviewer was incorrect and unlawful. He technically avoided the fact that he is in fact putting different reasons and withdrawing previous reasons. But did not clearly mentioned it in the letter. Rather simply said he is maintaining the original decision.

2. Invalidating second AR was incorrect and unlawful.

3. Then case working erros.

4. Then will prove it light of reported judgement that judgement was unduly harsh and unfair on wednesbury unreasonable as SSHD did not follow procedural fairness.

I have been given removal direction. I have two children under four years old. But I did not applied for their visa. Only I applied for my first son in 2013 application which was refused. Home office knows I have children.

I am slightly worrying about detention and removal before launching JR.

[helpingperson]

Please keep us updated with progress. Thank you.

Even though UKVI emailed me on 22nd Decemeber 2015 that they can not decide my case within 28 days which I did not reply them but later on on 31st December 2015, I have received the letter invalidating my second AR application. Letter was dated 24th December.


There was no convincing explanation on why they have not accepted my grounds which I wrote and showed them under para 34M to 34Y immigration rules how second AR was Valid. I specifically mentioned them in my case para 34N(2) applies.

But they have not given any reasonable explanation just simply said
under para 34 L to 34 Y, your application is invalid.

And simply said, we have previously reviewed the decision and found original decision was correct.

But my submission was that initial application was rejected for continuity and AR was rejected because of missing information in specified documents. Letter does not mention any thing about it.

Now, I am preparing for PAP and JR.

I think, with consultation with lawyer,
I am preparing following grounds:

1. Not giving second AR right by first admin reviewer was incorrect and unlawful. He technically avoided the fact that he is in fact putting different reasons and withdrawing previous reasons. But did not clearly mentioned it in the letter. Rather simply said he is maintaining the original decision.

2. Invalidating second AR was incorrect and unlawful.

3. Then case working erros.

4. Then will prove it light of reported judgement that judgement was unduly harsh and unfair on wednesbury unreasonable as SSHD did not follow procedural fairness.

I have been given removal direction. I have two children under four years old. But I did not applied for their visa. Only I applied for my first son in 2013 application which was refused. Home office knows I have children.

I am slightly worrying about detention and removal before launching JR.

Hello Diamond07,

Any update and luck with your case?

[Kerim90]

This is just for information to the relevant people and to seek input from the people who may have experienced the similar situation.

1. Applied 2nd time for tier-1 (50k) route 21st sept 2015
2. Refused 19th OCT 2015-
Reason: Your business activities are not continuous since before 11th july 2014 up to application time.
One of the documents was overlooked.
3. Admin review application 1st of Nov 2015.
Clarification given for considered documents and notified of overlooked document.

4. AR Refused 16th Nov 2015:
Considered overlooked document. And said, overlooked document is considered by reviewer but it does not have my name on it on my business advertisement. But did not say, this overlooked advertisement was continuous or not. Maintained the decision.
But no specific clarification was given for refusal. Whether it was rejected because advertisement was not continuous or whether it is because only my name was missing from business advertisement.

No further admin review right given.

5. It seems awkward to me. Because overlooked advertisement was clearly continuous. Reviewer very cleverly avoid the issue by not mentioning whether it was continuous or not.

6. I went through
A) immigration rules para 34M to 34 Y
B) Immigration rules Appendix AR
C) All the upper tribunal judgement on tier1 entrepreneurship visa, case of mandalina, case of Akhter and case of Shebl.

7. After this, It was clear to me that reviewer has done in fact a very big injustice by not giving me further AR RIGHT.
I applied for second time AR online and sent application by post with supporting confirmation documents.
I explained under which rules this second AR should not be invalidated. and then pointed out case working error in light of immigration rules and court judgement.

My arguments were,
a) There is not requirement to show director of business name in an business advertisement, as director's position can be verifiable from company filing history.
b) Under para 245AA, caseworker was obliged to ask for clarification from me about missing elements in specified doc.
8. Second AR made 1st of Dec 2015

Now waiting for result.

Is it initial application or extension?

[diamond07]

Thanks almighty, finally got the visa on 4th April 2016.

I applied for JR. And then treasury sokicitor sent consent letter after a month.

Then after reconsideration of whole documents once again, git the visa.
For details find me on fbook searching my name bashir jaman.

I will be happy to help, as I know the situation you are going through.

[dd156]

Congratulations; great news.

JR must have been very costly?
Did HO cause any problems while you waited for JR, as section 3C does not apply?

[Mrchaany]

diamond07
Congrats
Could you tell us how much it cost and the duration of your successful judicial review

[alex87]

Fantastic! Now you can run your business in peace.

[Mrchaany]

Please replay

[diamond07]

Fantastic! Now you can run your business in peace.

Many thanks, everyone above.

Last two and half years was a nightmare for me.

I spent around 6k for solicitors and barristers.
For second application only used 6 barristers, one of them is a judge and regarded as one of 10 highly costly and respected barrister who wrote JR ground.

To be honest, lawyers worked on the things that i wrote.
For tier-1, i know better than any of those barristers.

I gave a bonus of 1k to my solicitor as a honor to his hard work.

[Ameten]

Hello All, I got a letter from HO today refusing my tier 1 extension base on the "FPS I submitted not showing the names of my settled workers", meanwhile their names are clearly showing on P11 and P60 that I submitted along with the application. It aslo shows in accountant's letter of job created.

I have been given 14days for AR, my questions are as follows, as I dont have any idea of AR:
1. Can someone use a solicitor for AR even when the application was made myself?
2. Can I re-submit another FPS showing the employees name for the AR?

[whiteroses]

I think you can use a solicitor. Looks like they are rejecting for minor reasons (as you sent P11), as people cannot appeal now.

[whiteroses]

what info was present in fps?

[kunleoyewo]

Hi Ameten,

Sorry to hear to about your rejection.

It's really strange that your FPS didn't show settled workers' (employees) names. Your accountant probably didn't do a decent job reporting monthly RTI-FPS to HMRC, I would've thought names and wages are very imperative on the reports.

1. Yes. You can use a solicitor for AR irrespective of how you applied initially.

2. If that's the only reason for rejection and you can get your accountant to regenerate RTI-FPS showing full names of employees, it might be better to reapply than waste time with AR. Far too many ARs have been rejected in recent times, so might be a futile effort really. The choice is yours though.

Good luck!
Kunle

Hello All, I got a letter from HO today refusing my tier 1 extension base on the "FPS I submitted not showing the names of my settled workers", meanwhile their names are clearly showing on P11 and P60 that I submitted along with the application. It aslo shows in accountant's letter of job created.

I have been given 14days for AR, my questions are as follows, as I dont have any idea of AR:
1. Can someone use a solicitor for AR even when the application was made myself?
2. Can I re-submit another FPS showing the employees name for the AR?

[Ameten]

Hi Ameten,

Sorry to hear to about your rejection.

It's really strange that your FPS didn't show settled workers' (employees) names. Your accountant probably didn't do a decent job reporting monthly RTI-FPS to HMRC, I would've thought names and wages are very imperative on the reports.

1. Yes. You can use a solicitor for AR irrespective of how you applied initially.

2. If that's the only reason for rejection and you can get your accountant to regenerate RTI-FPS showing full names of employees, it might be better to reapply than waste time with AR. Far too many ARs have been rejected in recent times, so might be a futile effort really. The choice is yours though.

Good luck!
Kunle

Thanks Kunle,
The two reasons why I cannot submit a fresh application are: My documents are still with HO and I may not have 90 maintainance balance in my personal bank account as I have used part of the money.

what info was present in fps?

My account did some file conversion during printing which obvisouly cut out some info and which I did not spot myself as I didnt have idea of what a complete FPS look like. Apart from the names all other info were there. As I earlier said P11, P60 and letter from accountatnt all show the names

[kunleoyewo]

Do you mind sharing your timeline please?

[dd156]

Hello All, I got a letter from HO today refusing my tier 1 extension base on the "FPS I submitted not showing the names of my settled workers", meanwhile their names are clearly showing on P11 and P60 that I submitted along with the application. It aslo shows in accountant's letter of job created.

I have been given 14days for AR, my questions are as follows, as I dont have any idea of AR:
1. Can someone use a solicitor for AR even when the application was made myself?
2. Can I re-submit another FPS showing the employees name for the AR?

Very sorry to hear about this. Did you take over an existing business?

[Mrchaany]

Hello All, I got a letter from HO today refusing my tier 1 extension base on the "FPS I submitted not showing the names of my settled workers", meanwhile their names are clearly showing on P11 and P60 that I submitted along with the application. It aslo shows in accountant's letter of job created.

How can a software produce RTIs FPS without the person names to whom you paid.
I called my accountant and he was shocked that how and why that person submitted RTIs FPS without worker employee names.

I am also confused

[Ameten]

Do you mind sharing your timeline please?

Application Submitted 0n 01/03/16
Biometric letter recieved on 11/03
Biometric Given on 12/03
Refusal notice issued on 08/04
Letter reived today

Hello All, I got a letter from HO today refusing my tier 1 extension base on the "FPS I submitted not showing the names of my settled workers", meanwhile their names are clearly showing on P11 and P60 that I submitted along with the application. It aslo shows in accountant's letter of job created.

I have been given 14days for AR, my questions are as follows, as I dont have any idea of AR:
1. Can someone use a solicitor for AR even when the application was made myself?
2. Can I re-submit another FPS showing the employees name for the AR?

Very sorry to hear about this. Did you take over an existing business?

No I didnt

Please can anyone who has done AR before tell me if there is option to upload document, as I understand AR is done online?

[dd156]

FPS is only required if you take over an existing business, otherwise P11 is enough. Very odd that they would reject over a document which is not needed.
Maybe you should start a fresh thread of your own so that people are more likely to see your question.

[dd156]

184. You must provide evidence to show you are reporting Pay As You Earn (PAYE) income tax
appropriately to HMRC. Acceptable evidence includes printouts of Employee Payment Records,
Real Time-Full Payment Submissions (either a series of individual monthly submissions,
including the first submission or summaries), or an original HMRC P45 or P46, which either
together or individually show the total payments made to the settled workers, as well as the tax
deducted and date which they started working for your business.

Compulsory full payment submission is only needed when you join an existing business and do not set up a new business.