Tier 1 ent ext refused

[s_r_san]

HI ALL

MY APPLICATION FOR EXTENSION WAS REFUSED

VISA EXPIRED ON 07/06/2016
APPLIED ON 09/06/2016
GAVE BIO METRIC ON 27/06/2016

REFUSED ON 04/08/2016 (EXACT DATE TO COMPLETING 8 WEEKS)

REASON
I HAVE NOT BEEN MENTIONED AS SHAREHOLDER OF THE COMPANY IN ACCOUNTS
- SPECIFIED IN PARAGRAPH 46SD(B) (4) IS MISSING
BUT I GAVE
- SHARE CERTIFICATE - THEY REFUSED THIS IS EXPECTING - COMPANY MEMBERS LIST
- CURRENT APPOINTMENT REPORT
- ACCOUNTANT LETTER CONFIRMS THAT I HAVE INVESTED 50K INTO BUSINESS
- MY PERSONAL AND BUSINESS BANK ARE SHOWING THAT I HAVE TRANSFERRED THE MONEY

OTHER THAN THIS ISSUE, OTHER POINTS ARE AWARDED
THERE ARE MANY TO CONFIRM THAT I HAVE INVESTED

THEY GAVE ONLY ADMIN REVIEW WITHIN 14 DAYS

WHAT ARE THE OPPORTUNITIES I HAVE?

WHAT IS THE OPTION I HAVE IF AR IS REFUSED? JUDICIAL REVIEW IS AVAILABLE TO ME?

I THINK NO APPEAL TO ME???

CAN I DO A FRESH APPLICATION NOW? I CAN CORRECT THAT ONE POINT ENA

ANYONE PLEASE ADVISE TO ME

[noajthan]

This post is hard to read and considered akin to SHOUTING.

[Mrchaany]

I think you use share certificate for investment.
Please you could clear your message in exact ukvi wording
Note you applied after two day of your visa expired

[babaty2k02]

HI ALL

MY APPLICATION FOR EXTENSION WAS REFUSED

VISA EXPIRED ON 07/06/2016
APPLIED ON 09/06/2016
GAVE BIO METRIC ON 27/06/2016

REFUSED ON 04/08/2016 (EXACT DATE TO COMPLETING 8 WEEKS)

REASON
I HAVE NOT BEEN MENTIONED AS SHAREHOLDER OF THE COMPANY IN ACCOUNTS
- SPECIFIED IN PARAGRAPH 46SD(B) (4) IS MISSING
BUT I GAVE
- SHARE CERTIFICATE - THEY REFUSED THIS IS EXPECTING - COMPANY MEMBERS LIST
- CURRENT APPOINTMENT REPORT
- ACCOUNTANT LETTER CONFIRMS THAT I HAVE INVESTED 50K INTO BUSINESS
- MY PERSONAL AND BUSINESS BANK ARE SHOWING THAT I HAVE TRANSFERRED THE MONEY

OTHER THAN THIS ISSUE, OTHER POINTS ARE AWARDED
THERE ARE MANY TO CONFIRM THAT I HAVE INVESTED

THEY GAVE ONLY ADMIN REVIEW WITHIN 14 DAYS

WHAT ARE THE OPPORTUNITIES I HAVE?

WHAT IS THE OPTION I HAVE IF AR IS REFUSED? JUDICIAL REVIEW IS AVAILABLE TO ME?

I THINK NO APPEAL TO ME???

CAN I DO A FRESH APPLICATION NOW? I CAN CORRECT THAT ONE POINT ENA

ANYONE PLEASE ADVISE TO ME

Please kindly clarify this. Have you invested in form of DIRECTORS LOAN or in form of SHARE CAPITAL?

[s_r_san]

Share Capital

Sorry for any strong wording in my query

Thanks

[cappachino]

go for admin review, clarifying that you have provided share certificate. (slim chance but this will give you time to prepare updated accounts - ask your accountant to resubmit your accounts to HMRC)
After receiving your answer from UKBA if it is negative resubmit a new application this time with the rectified accounts (make sure your name is mentioned in your accounts under capital introduced)
Sad but this has been discussed on the forum many times - your name needs to be clearly shown in your accounts under investment.
Good luck

[s_r_san]

I think you use share certificate for investment.
Please you could clear your message in exact ukvi wording
Note you applied after two day of your visa expired

Yah I have applied after 2 days since there are 28 days

As evidence of your investment you have submitted
- Accountant letter
- Unaudited accounts
- CT600s
- Business bank statements
- Companies House Share Certificate
The evidence is not sufficient because the unaudited accounts that you have provided do not show your name and the value of shares which you own and you have not provided a register of members as specified as paragraph 46SD(b) (4). Although you have provided a share certificate, this is not an acceptable form of evidence.
As a result you have demonstrated that you have invested no money into one or more UK Businesses.

[helpingperson]

It is unfortunate and looks really harsh from HO. You clearly provided more than enough evidence which demonstrates you are share holder and they could have applied evidential flexibility or could have contacted you for further information. This shows their attitude towards immigrants and how desperately they are looking for applications refusal. They have not raised any concerns about your genuineness, given you all points, then refusing for such a reason is punitive and barbaric.


You clearly stand a strong chance in Admin Review.

What exactly you meant by below?

SHARE CERTIFICATE - THEY REFUSED THIS IS EXPECTING - COMPANY MEMBERS LIST

[s_r_san]

go for admin review, clarifying that you have provided share certificate. (slim chance but this will give you time to prepare updated accounts - ask your accountant to resubmit your accounts to HMRC)
After receiving your answer from UKBA if it is negative resubmit a new application this time with the rectified accounts (make sure your name is mentioned in your accounts under capital introduced)
Sad but this has been discussed on the forum many times - your name needs to be clearly shown in your accounts under investment.
Good luck

Thanks for your reply

There is a chance for me to do a fresh application?
I will ask my accountant to amend the accounts to include my name as sole shareholder

[Mrchaany]

Fresh application is the best option but before you
Need to put admin review at the first instance,
As one user advised you that AR will buy some time to prepare your next application with the help of an accountant.

[s_r_san]

It is unfortunate and looks really harsh from HO. You clearly provided more than enough evidence which demonstrates you are share holder and they could have applied evidential flexibility or could have contacted you for further information. This shows their attitude towards immigrants and how desperately they are looking for applications refusal. They have not raised any concerns about your genuineness, given you all points, then refusing for such a reason is punitive and barbaric.


You clearly stand a strong chance in Admin Review.

What exactly you meant by below?

SHARE CERTIFICATE - THEY REFUSED THIS IS EXPECTING - COMPANY MEMBERS LIST

Although you have provided a share certificate, this is not an acceptable form of evidence.

This is mentioned by them

Thanks

[s_r_san]

Fresh application is the best option but before you
Need to put admin review at the first instance,
As one user advised you that AR will buy some time to prepare your next application with the help of an accountant.

Thanks for your advice

[helpingperson]

what your un-audited accounts show about share holders?

Do they not say your name, number of shares held in notes?

[s_r_san]

what your un-audited accounts show about share holders?

Do they not say your name, number of shares held in notes?

Thanks

In Accounts, numbers of shares of the company is mentioned - 1000 of £ 50
Share certificate reported that I am holding 1000 shares out of 1000

[helpingperson]

Does your name show on balance sheet and you signed it?

Also does accountant report confirm your name as share holder and your share holding?

[s_r_san]

Does your name show on balance sheet and you signed it?

Yah, as director

Also does accountant report confirm your name as share holder and your share holding?

A separate accountant letter confirms that I am the sole shareholder and I have invested 50k

thanks

[nasiaziz]

Sorry to hear that.
could anyone please give a sample of how exactly to show the name and amount and in which part of the accounts.
thanks

[linny]

Hmm

Just to check, you applied 2 days after your leave expired, so not covered by 3C leave.

The UKVI will disregard 28 days overstaying and I think that ended on the 5 July 2016, so if you make a fresh application won't it be refused due to the length of time you have now overstayed?

[zimba]

- According to the rules you must submit company accounts that show your name as well as register of members. This is clearly written in the guide. Share certificates are NOT accepted based on the rules. In the immigration rules share certificates are NOT mentioned at all as acceptable evidence

- Evidential flexibility CANNOT apply as your piece of evidence was missing the required information required in the rules. Rules are applied bluntly and impersonally, so do not expect case workers to deduce that you have done something without seeing the exact evidence required.

- If you applied after your visa expired (out-of-time application), you CANNOT apply for a fresh application again as it will be refused automatically given that you have overstayed for more than 28 days so far and you had no section 3C. If this is the case, your only chance is AR and then maybe JR; however I say the chance of success are slim from what you failed to submit

[s_r_san]

- According to the rules you must submit company accounts that show your name as well as register of members. This is clearly written in the guide. Share certificates are NOT accepted based on the rules. In the immigration rules share certificates are NOT mentioned at all as acceptable evidence

- Evidential flexibility CANNOT apply as your piece of evidence was missing the required information required in the rules. Rules are applied bluntly and impersonally, so do not expect case workers to deduce that you have done something without seeing the exact evidence required.

- If you applied after your visa expired (out-of-time application), you CANNOT apply for a fresh application again as it will be refused automatically given that you have overstayed for more than 28 days so far and you had no section 3C. If this is the case, your only chance is AR and then maybe JR; however I say the chance of success are slim from what you failed to submit

Thanks for your comments

- In Accounts, only myself was not mentioned as shareholder, but the share capital amount mentioned and separate accountant letter confirmed that i have invested 50k into business

[zimba]

You need to submit the documents as specified they way the want it with the required information. Accountant letter is not an acceptable evidence for investment and cannot be used for award of points. A case worker can only award the points if the evidence as described in the rules are present. Alternative evidence or document is not acceptable. I understand this is frustrating for many applicants, however rules are rigid and blunt and give you little room for flexibility.
The immigration rules might not recognise what generally is considered acceptable as 'Invested' in the world of business

[jafersadeq]

Hi

SD-46-b:
Audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). If he has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant's name as it appears on his application. If the value of the applicant's share capital is not shown in the accounts, then share certificates must be submitted as documentary evidence. The accounts must clearly show the name of the accountant, the date the accounts were produced, and how much the applicant has invested in the business. The accounts must be prepared and signed off in accordance with statutory requirements,

[zimba]

Hi

SD-46-b:
Audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name). If he has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant's name as it appears on his application. If the value of the applicant's share capital is not shown in the accounts, then share certificates must be submitted as documentary evidence. The accounts must clearly show the name of the accountant, the date the accounts were produced, and how much the applicant has invested in the business. The accounts must be prepared and signed off in accordance with statutory requirements,

This paragraph you quoted does NOT exist in the current rules.
Where did you get this paragraph ?? Immigration rules archive ????? I think it was removed almost a year ago

This is what 46-SD(b)(4) says in the current rules:

If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a copy of the company’s register of members must be provided,

[babaty2k02]

https://www.gov.uk/government/uploads/s ... 012013.pdf

[zimba]

https://www.gov.uk/government/uploads/s ... 012013.pdf

Current rules Appendix A: https://www.gov.uk/guidance/immigration ... attributes