Tier 1 Extension Refused - Need Help Urgently!!

[drafly]

Hi!

I need help urgently..

Really appreciate some advice on my refusal: -

Refusal reason by HO

1. Job creation -
1. 1 BRITISH settled worker part time - the hours are around 1,500 - HO takes this into consideration as attached passport (worked for me since Apr 2015 till now - Feb 2017)
2. 1 BRITISH settled worker full time - around 1,400 hours but I provided provisional driving license and therefore NOT considered as proof of settle worker (worked for me since May 2015 till now - Feb 2017)
3. 1 Migrant Worker under spouse visa (her spouse has ILR) - around 800 hours but HO say she is considered temporary to remain and NOT considered (worked for me since July 2015 till now - Feb 2017)

My question is, I guess if I ask for an Administrative Review, I would still fail to have created 2 jobs for 1 year right? So if I re-apply, can their hours be counted till now? Feb 2017?


2. Investment of £200k
1. HO say that they could only see £10,000 from my bank statements for the new company (started in March 2015) BUT they did not mention anything about the bank statements (which I ALSO did submitted them together) for my previous company which was sold, as advised by my accountant because the business was no longer feasible for me to continue and so I started a new business.
1. Very strange of them for not mentioning my previous company bank statements.

Now my question is: -

I brought into UK £200,000 in 2013 and spent £20,000 purchasing the shares of the company from the previous shareholder, paying him through my personal current account and the balance £180,000 was gradually loan to my company (which I bought with the £20,000) to run the business - for rentals, salaries, business expenses and mostly for purchasing of stocks.

If I were to re-apply, does the £20,000 purchase of shares through my personal current account be considered by HO as money spent for the business? So that I will have spent the £200,000 and get points for this requirement?

Many thanks and really appreciate your help!

[chiibe]

Migrant worker under spouse visa does not count for point under T1 Entrp.

If you changed business you'll need to claim points from either the old business ONLY or the new business ONLY. not a combination.

So monies to your old business will be disregarded if you are renewing with the new business.

Monies that count as investment are from personal account to business account,( shown in Bank Statement and Account as Directors Loan).

Hope Snrs will contribute.

[zimba]

My question is, I guess if I ask for an Administrative Review, I would still fail to have created 2 jobs for 1 year right? So if I re-apply, can their hours be counted till now? Feb 2017?

No. Hours will only be counted during the time you had valid initial visa.
You must have sent the passport copy or birth certificate copy of the second British person.
Jobs created for people on dependant visa will not count

If I were to re-apply, does the £20,000 purchase of shares through my personal current account be considered by HO as money spent for the business? So that I will have spent the £200,000 and get points for this requirement?

No. Money used to purchase the business from previous owners will not count.

It seems you know nothing about the Tier 1E rules and never read the policy guide: https://www.gov.uk/government/publicati ... trepreneur

[Aab1988]

Migrant worker under spouse visa does not count for point under T1 Entrp.

If you changed business you'll need to claim points from either the old business ONLY or the new business ONLY. not a combination.

So monies to your old business will be disregarded if you are renewing with the new business.

Monies that count as investment are from personal account to business account,( shown in Bank Statement and Account as Directors Loan).

Hope Snrs will contribute.

Hi can you please confirm me where does it says in the guide that you CANT combine old and new business investment also invested money to old business will disregarded as I can't find anything in the guide

Also Zimba we need your expert opinion

[chiibe]

Thanks Aab1988 for pointing out my ERROR....I was thinking of the below (moving from Self-employed to Director)....last sentence. But looking at it now and reading between the lines I think it talks of point for registration and not for investment.


Evidence of current registration (registered when you apply for the extension)
150. You must be engaged in business activity at the time of your application to extend your
leave and provide the specified evidence to show that you were registered as self-employed,
or as a director in the 3 months before you apply.
151. You may change from being self-employed to being a Director, or from Director to selfemployed,
as long as you are engaging in business in the UK as one or the other.
152. The evidence must be dated within 3 months of making the application to extend your leave.
153. You may choose which evidence to supply if you have acted in both capacities, but we will only award points for one registration.

[drafly]

Thank you very much for all the feedback.

I aim to do this all through the right avenue and don't plan to delay it for the sake of getting ILR (which is on Dec 2017)...

If it's right to continue, I will do so...

If it's not, then I will leave, because my business is running anyway and there's always another chance to do it again in the future.

I just don't want to waste the past 4 years if there's any possibility of successfully getting the extension.

Appreciate further feedback before I decide whether to do an AR or re-apply.

@zimba88 - from your perspective, do you think if I re-apply, its going to be a high chance to get refused again?

Many thanks!

[zimba]

@zimba88 - from your perspective, do you think if I re-apply, its going to be a high chance to get refused again?

If you have not invested 200K in the business and failed to create the jobs, then what is the point of applying again ?? You are simply not eligible

[drafly]

Thank you zimba...

Just 5 last questions : -

1) How long do I have to stay in the UK to settle all my matters - selling off my cars, terminate rentals, banks and all other stuff?

2) Any recommended checklist for looking at what to do before leaving?

3) if I let my company to continue my current staff, can I re-apply again in the near future when I achieve the requirement?

4) Can I then come to UK again to check on my business every half yearly (I am from a Commonwealth country and currently don't require visa to visit UK) - I know that I am not allowed to work with a holiday visa - but am I allow to check on my business with bi-annual visit?

5) Should I shut my current company? And then open a fresh one so that future application will be based on everything new?

Many thanks and really appreciate you clearing my mind .......and heart about what to look forward for now.

[zimba]

1) How long do I have to stay in the UK to settle all my matters - selling off my cars, terminate rentals, banks and all other stuff?

If you do not apply within 14 days of refusal for AR or a new application, you are an overstayer and you will be subject to removal at any time.
Overstaying could affect any future visa application if you wish to the return to the UK

2) Any recommended checklist for looking at what to do before leaving?

Leave voluntarily within 3 months to avoid any entry ban. If you have no plans to come back, pay all the outstanding taxes and wind down the company properly. Your accountant will be able to help to do that properly.

3) if I let my company to continue my current staff, can I re-apply again in the near future when I achieve the requirement?

You can remain the director and re-apply under Tier 1E initial. However to be eligible you must have invested 200K in the last 12 months before your application or else you need another 200K again.

4) Can I then come to UK again to check on my business every half yearly (I am from a Commonwealth country and currently don't require visa to visit UK) - I know that I am not allowed to work with a holiday visa - but am I allow to check on my business with bi-annual visit?

Yes, you can remain the director and visit but you should avoid being on the payroll. You still can get dividends like any resident director and you must file yearly self assessments returns.

5) Should I shut my current company? And then open a fresh one so that future application will be based on everything new?

It is up to you

[seasky]

Maybe I am missing something but why can't you immideatly invest the missing £20K and reapply (you seem to have now enough employment hours)

[Aab1988]

Hi mate seasky is right you can try by reinvesting 20k which went to the previous owner and now you have enough hours as well go for admin review to gain some time and reapply.its not guaranteed Ho will grant u visa but there Definitely a chance if you explain them everything in covering letter

[zimba]

Maybe I am missing something but why can't you immideatly invest the missing £20K and reapply (you seem to have now enough employment hours)

Money must be invested within the initial period of valid visa

[Aab1988]

Hi guys

See link below, user Business Support has made the fresh investment and reapplied it I think

http://www.immigrationboards.com/uk-tie ... d#p1426416

[CR001]

Hi guys

http://www.immigrationboards.com/uk-tie ... d#p1426416

He has made the fresh investment and reapplied it I think

Who is 'he'???

[Aab1988]

Please click the link you will see everyone is advising business support to make a fresh investment like drafly he has made some mistake in the investment.

[CR001]

Please click the link you will see everyone is advising business support to make a fresh investment like drafly he has made some mistake in the investment.

I did click on the link You should state exactly why you are posting a link. The way you have posted, sounds like you are referring to drafly in another topic! You should have stated 'member xyz had a similar problem, see link below' to make it clear.

[Aab1988]

Sorry mate it really looks like I was referring to drafly in another topic.

[CR001]

Sorry mate it really looks like I was referring to drafly in another topic.

I have edited your post for you.

[seasky]

I know of someone who did not have enough employment in the first period. Filed an FLR and varied to extension 2 weeks later. received extension

Sure this is employment not investment but it seems a reasonable case to invest and try.

I would say relates to how strong your case is in the first place. Corner shop paying min wages is not strong....

[drafly]

Thank you all for the advice and opinions.

I have consulted with the immigration specialist and it seems the chances are very low and I have nothing to apply for in FLR.

He say since I am a genuine entrepreneur, whose business was just not at the right place and at the right time, to have not achieve the HO requirement, its just a waste of time and money.

Might as well, try again next time.

Good luck to everyone here who's applying for your Visa!