Tier 1Visa Ext Refused after 8 month

[zimba]

Refusal reason Investment @£200K 20 Points not awarded. I did not submit any director loan agreement as my solicitor and accountant both said advise we can show its as direct investment.

There is no such a thing as direct investment. Money injected by a director in a business is ALWAYS a director's loan. Rules very clearly say that such investment will NOT be accepted unless a loan agreement is provided showing that it is unsecured & subordinated in favour of third party creditors.
You could have saved yourself a lot of trouble, pain and money by simply reading the guide instead of hiring inept advisors

My £200K investment can check on My business accounts and also on Bank statement. It was also stated on my visa application cover letter.

That is not an acceptable evidence

I need help from other members on this forum, Is it necessary that i have to give Director loan agreement to get 20 Points of investment ?

Yes

I am 100% Genuine person I originally invsted £200K into my business. all money trail is avaialble.I have paid Corporation tax around £25K in last 2 years and create genuine 7-8 Jobs in company

Time to prepare a fresh application with the correct documents

[Hassan Rasheed]

Hi Sam and Zimba,
I have limited company not sole trader.

Its true my solicitor did major mistake in my application.I also agree Its my mistake too i should also properly read all guideline before submit application.

Plz suggest Should i change my solicitor now and apply AR with new solicitor and submit loan agreement (director loan).
Does HO accept any missed docs in AR and will consider it in their decision ?

[zimba]

Plz suggest Should i change my solicitor now and apply AR with new solicitor and submit loan agreement (director loan).

Why pay a person who has no expertise to represent you ?

Does HO accept any missed docs in AR and will consider it in their decision ?

No, AR is no useful if you believe HO case worker made an administrative error. In your case the refusal decision is correct

[Hassan Rasheed]

Hi Zimba
Any chance possibility to get positive result from Admin review in my case ?

IF AR refused than how many days i have for fresh application ?

If i apply fresh application i need submit maintain funds for 90 days. £945 and £630/depnded ?

Does home office accept joint Bank account statement ?

My Bank account in overseas ?
Me and my wife Joint UK Bank account ?
Me and my cousion Joint Uk Bank account (not applicant)


Thanks,
HN

[Hassan Rasheed]

Hi zombie
Work permit.com is your company ?

are immigration boards.com own by work permit.com

Thanks,
HN

[Meesha]

Hi Hassan,
Sorry to hear about your refusal.
I suggest you make a fresh application, however you can do AR if you require more time to get documents ready for fresh application.
Investment can be made as director loan or share capital as per HO guidelines. How come your solicitor missed this important point?

[noajthan]

Hi Sam and Zimba,
I have limited company not sole trader.

Its true my solicitor did major mistake in my application.I also agree Its my mistake too i should also properly read all guideline before submit application.

Plz suggest Should i change my solicitor now and apply AR with new solicitor and submit loan agreement (director loan).
Does HO accept any missed docs in AR and will consider it in their decision ?

Probably worth passing T1E guidelines onto that solicitor. Oh, and asking for reimbursement of all fees paid to date.

[zimba]

Any chance possibility to get positive result from Admin review in my case ?

No

IF AR refused than how many days i have for fresh application ?

14 days

If i apply fresh application i need submit maintain funds for 90 days. £945 and £630/depnded ?

Yes

Does home office accept joint Bank account statement ?
My Bank account in overseas ?
Me and my wife Joint UK Bank account ?

Yes

Me and my cousion Joint Uk Bank account (not applicant)

Better not use this

[Hassan Rasheed]

Hi Nojthand Mesha
Its my bad luck i selected this solicitor. this time i want get out from this situation.

Plz suggest
Does home office accept joint Bank account statement ?
My Bank account in overseas ?
Me and my wife Joint UK Bank account ?
Me and my cousion Joint Uk Bank account (not applicant)

[Hassan Rasheed]

after admin review if its rejected than after decision how many days i have submit for fresh application ?

HN

[zimba]

Please read above as your questions are answered

[n8net]

was really funny when the OP referred Zimba as Zombie..hope it is not intentional..lol

anyway, the best chance is to apply for a new application with correct docs. AR will not help IMHO.

good luck

[noajthan]

There are a number of members with names based on variations of 'zombie'.

[Hassan Rasheed]

Hi There
Tier1 visa exten £200K visa extension application maintenance funds must be 90 consecutive days before submit application.
If few days short can we submit application first and until biometric done we send rest bank account statement after, would it be acceptable by HO ? any member experience on it ?

What is other way we can cover this point ?

Tks,
HN

[Hassan Rasheed]

Sorry cearlify my question lets say i have 70Days consecutive maintance funds, can submit application process if i have no time left to submit my application. Meanwhile biometric done and i can send rest days statement later stage.

[zimba]

Hi There
Tier1 visa exten £200K visa extension application maintenance funds must be 90 consecutive days before submit application.
If few days short can we submit application first and until biometric done we send rest bank account statement after, would it be acceptable by HO ? any member experience on it ?

What is other way we can cover this point ?

Tks,
HN

I do not think so as the end date of the 90-day period must be within 31 days before the date of application.

[Hassan Rasheed]

Hi Zimba,
I found 3 proof as eveidence for my investment submitted to HO with my application.

1-My personal and business bank statement all 10 partial transaction reference director loan except 1 transaction no reference.

2-My annual accounts show director investment in creditor again its mean its director loan.

3-I submit letter written by accountant stated that Re: Mr. ..... Company name ....
This is to confirm the amount and dates of the capital investment of Mr. .......,
date 15.10.16 £100000
date 20.10.16 £100000

in refusal Home office mention that i have submitted bank statement and also my annual accounts. but they did not mention about this 3rd documents.

I am trying to fight on the ground that bank statement and my annual accounts clearly mark its director loan.
this No3 accountant confirmation letter should consider as director loan.

My legal point:
Evidential flexibility rule under paragraph 245AA in support of his failure esp, as the director loan proof is labeled on each bank trancsion and on annual accounts. and accountant letter also confirm about investment, visa officer should ask further documents for (Director loan agreement) in interview or after ,if required.

Plz note I am only 1 director and 100% shareholder in lTD company.Company establish since 2009 by me just as foreign investor.
I join company as director in 2013 and register in HMRC.

Plz coment.

HR

[zimba]

Your failed to provide a key evidence. Accountant letter is unacceptable as an evidence. You MUST send evidence as per rules, any other evidence that is not recognised in the rules is ignored.

Also that is not how evidential flexibility works. It does NOT mean that case workers will ask for missing documents you failed to submit.
Read: https://www.gov.uk/government/uploads/s ... y-v8.0.pdf

[samaygrg]

Hi There
Tier1 visa exten £200K visa extension application maintenance funds must be 90 consecutive days before submit application.
If few days short can we submit application first and until biometric done we send rest bank account statement after, would it be acceptable by HO ? any member experience on it ?

What is other way we can cover this point ?

Tks,
HN

I do not think so as the end date of the 90-day period must be within 31 days before the date of application.

Thanks Zimba. You cleared my air as well. I also was wondering to get statement copy from the branch for the extra 15 days as I can not wait for official statement, where the maintenance fund is already maintained for 120 days continuously in a single account for applicant and 2 dependents.

tysm

[Hassan Rasheed]

Hi Zimba,
Thanks for reply.
Just to more cleairfy myself.I was reading rule 245AA.

''I have submited documents but in wrong format and document does not contain all of specified information.
case worker could ask for further document.

evidence i had submitted demonstrates that i had nearly met the requirement of the rule,they should have been invited provide further evidence under evidential flexibility.

As explain in my last message i have provided Bank statement,Annual accounts and accountant letter.
bank statement and annual accounts labeled as its director loan.
accountant letter is showing director investment. but only wording is Inestment of Mr instead of Director loan. so its wrong format ?
Its does not contain/missing all specified info terms of loan/investment.

Is my point of view is correct ? your opinion.

HN

[zimba]

A missing document will not be requested if there is no evidence that it exists. The case worker did not know if the Director's loan existed. If it did, you should have submitted it as it is a REQUIRED piece of evidence. duh !
Also case workers will IGNORE any evidence that is not recognised by the rules, no matter what you say. You clearly FAILED to submit what they asked for and you should not expect them to remind you that. That was entirely your failure to abide by the rules, not theirs.

[Hassan Rasheed]

Hi Dear,
if Applicant missed Biometric last date of first letter.Than applicant will be get another biometric letter ?

How many days usually you get for biometric on each time.

HN

[CR001]

Hi Dear,
if Applicant missed Biometric last date of first letter.Than applicant will be get another biometric letter ?

How many days usually you get for biometric on each time.

HN

Yes, it is 15 days to do it with first letter and only 10 days with second letter.

[Hassan Rasheed]

Important question
anybody in this forum who has submitted maintenance funds for less than 90 days bank statement at the time of visa extension application ?

For example at the time of application can 75 days maintenance funds banks statement be submitted ,and submit the remaining 15 days short fall after 2 week ? its basically to gain more time to complete 90 consecutive days for funds ?

have Anybody experienced please share.

[Hassan Rasheed]

Dear Member
For Admin review in these days how many days home office taking for decision ?