Our Tier 1 entrepreneur Extn has been refused.

[Rani2013]

Our Tier 1 entrepreneur leave to remain has been refused.

Following are the reasons

1) we claimed 20 points for investment made in the UK.They awarded 0 point for this.

They have mentioned that my team member and I have invested £70k by way of share capital in the business.
However,the unaudited accounts submitted do not show the investment in money made directly by myself ,in my own name and that of my team member as required at paragraph 46-sd(b)(1) of appendix A

Further more the un audited accounts submitted so not show the shareholders,the amount and value of the shares(on the date of

purchase) in my name or that of my team member.In the absence of this a copy of company's register of members must be submitted.
However,this has not been submitted.They are there for not satisfied that I meet the requirement at paragraph 46-SD(b)(4) of Appendix A


2) we claimed 20 points for creation of jobs in the UK.They awarded 0 point for this.


Evidence supplied;

A letter from my accountant
British passports of employees
p60
Pay slip for 1 year from spt 2015 to Aug 2016
RTI from Aug2015 to Aug 2016
Business Bank a/c 1 year

Paragraph 46-SD(h) of Appendix A of the immigration rules lists the specified evidence that is required in order to demonstrate

the creation of jobs

The evidence that I submitted is not acceptable because;

"you have claimed,on the basis of evidence for 2 members of staff,that my limited company has created 2 full time
jobs (the equivalent of 3120 hours) for settled workeres in the Uk and the that these jobs have each existed for at least 12

months .However,the pay slip submitted for one of the employees show that he was paid £6.50 an hour for the month of November

2015 to January 2016,which is below national minimum wage of £6.70 in force at that time.



Therefore we have calculated that you have created the equivalent of 2730 hours (first employee-1170 hours ,and the 2nd employee

-1560 hours)



Our solicitor has suggested to go for an admin review, even though we are going to reject on admin review,he thinks it may help us with second application


In the 2nd application we are planning to change reduced hours from 140 to 130 and and increase hourly rate accordingly(please see 2nd attribute).

Can anybody advise us on which further documents we have to include?

Would it be a good idea to go for a fresh application without an admin review?

Zimba ,your earliest response is much appreciated.

[noajthan]

What did you actually pay your hard-working employees?

Underpaying, below minimum wage, is a serious matter.
Tweaking a spreadsheet or other record simply to fit is inadequate in addressing this.
What about recompense for this underpayment?

[Rani2013]

I presume you r talking about re application. We are thinking to resubmit a new set of payslip for those 3 months, with accountant letter mentioning that 6.50 was an accountant error.
Do we still need other recompense

[Casa]

I presume you r talking about re application. We are thinking to resubmit a new set of payslip for those 3 months, with accountant letter mentioning that 6.50 was an accountant error.
Do we still need other recompense

So were you or weren't you under paying your employees @ £6.50 p.h

[Meesha]

Hi Dear,
You should have shown business bank statements indicating those salaries payments. How it looks in those transactions? Does it reflect £6.70 or £6.50 hourly rate? If it does then u can chose accountant error explanation.
Off course wait for senior people advise.
cheers

[Casa]

Blaming it on the accountant won't cut it with the Home Office. The responsibility is yours.

[Rani2013]

Thank you all.

We did not under pay that was a calculation error.

we did pay,but we have mention more hours(140 hrs) than they actually worked(130 hrs).

There is no appeal and there is no intention to blame anybody.

The question is should we produce the new pay slip with correct hours and rate for the new application ?

[Rani2013]

Our Tier 1 entrepreneur extension application has been rejected.We are planning to go for fresh application.
Please let me know is there any limit on fresh application.If something happen to the fresh application again,can we apply it again? How many number of times can we make fresh application !?

Thanks

[sameerb]

Hi Rani,

sorry to hear this..

who calculated hours for you?

were you interviewed? if yes, then when?

[zimba]

I suggest this forum to be renamed as 'Tier 1E damage control forum'. It is astonishing that you did not check even your own calculations. Most payslips do not have hours on them. You technically cannot re-issue the payslips, you can try to fix it but then expect long investigation and interview by HO.
You also have only one chance to apply for a fresh application after which you will be an over stayer beyond 14 days and unable to apply.

[Rani2013]

Thank you so much your help and advice guys. Much appreciated.

@Zimba, yes its a silly mistake from our side, lesson learned.

Now if we go with a fresh application, we could try and explain the error, which like Zimba mentioned could cause HO to investigate and take ages to make a decision.

However one thing to consider is when we apply again, we may show the last 2 months of employment as well (the months after the initial application) ..

We are wondering if the hours paid for these 2 months could be added up to the total hours for the one year period.

So the total hours we qualified as per HO is 2730, i.e 390 hours short. The month of September and October 2016 for two employees will give us another 520 hours.

So 2730+520=3250

Do you think these 520 hours paid after initial application would count ?

Also, do you think going for an administrative review would help us with a fresh application in any way ?

[awan905]

If the employment is still continue, you can claim the points for those in fresh application (employment from date you submitted the first application till now).

[hamalt66]

If the employment is still continue, you can claim the points for those in fresh application (employment from date you submitted the first application till now).

What about employment he created before the first application? Shouldn't that be counted too?

[zimba]

All employment period up to the point of refusal and even AR can be used in the 2nd application. Use all hours at your disposal

[hamalt66]

All employment period up to the point of refusal and even AR can be used in the 2nd application. Use all hours at your disposal

Great that makes perfect sense. Thanks Zimba, if there's an award for most helpful replies in the forum, it should go to you Zimba "thumbs-up".

[hamalt66]

All employment period up to the point of refusal and even AR can be used in the 2nd application. Use all hours at your disposal

Great that makes perfect sense. Thanks Zimba, if there's an award for most helpful replies in the forum, it should go to you Zimba "thumbs-up".

BTW Zimba, perhaps you haven't seen my question I asked in my post about AR, where to read more about the immigration rules (other than Tier 1 Entrepreneur guidelines and of course the application forms themselves), like what they quoted in the refusal letters like section 46 etc? If there's a link I would be grateful.

[zimba]

Immigration rules: https://www.gov.uk/guidance/immigration-rules

Parts that are most relevant to Tier 1E applicants, look at these sections:

Immigration Rules part 6A
Immigration Rules Appendix A: attributes

[hamalt66]

Immigration rules: https://www.gov.uk/guidance/immigration-rules

Parts that are most relevant to Tier 1E applicants, look at these sections:

Immigration Rules part 6A
Immigration Rules Appendix A: attributes

Excellent, many thanks Zimba. I will have a good read later today. I presume rules for ILR will be in that link as well?

[zimba]

Yes

[Rani2013]

Thanks a lot for the valuable information

We have understood that, there is no point of going for an AR.
We are planning to make fresh application .All the docs are still with HO.Can we raise a fresh application ,with out getting those documents back!?.We have the current application reference number.

[Rani2013]

Please let me know what are the benifits of
Going via a solicitor.

[hamalt66]

Thanks a lot for the valuable information

We have understood that, there is no point of going for an AR.
We are planning to make fresh application .All the docs are still with HO.Can we raise a fresh application ,with out getting those documents back!?.We have the current application reference number.

Rami, when you fill in the new application form tick the option where it says "passports are in the Home Office"; and enter your recent case ID number in the form; also explain that in your covering letter. Good luck.