RE: Please assist **Urgent TIER 1 Entrepreneur Extension

[rochelle86]

Hello,

I need your assistance and advice with regards to my visa which I have already applied. It will be great help if you can assist me with it as really struggling to find correct information.

I and my business partner applied for Tier 1 Entrepreneur extension visa in Oct 2016. Our visa got rejected due to 3 points. We then put our application for administrative review in which it got rejected again by 2 points and 1 point was been removed. We had 14 days and we made a fresh new application under Tier 1 Entrepreneur extension visa again in Feb 2017. We have just about to get our biometric done but I am concerned with the below

1) We are due to qualify for our ILR in Jan18

2) Just in case our visa gets rejected again for this time agian ( Tier 1 Entrepreneur extension visa) and we have not yet qualified for ILR can we apply in any other category to gain time until our ILR done?

3) I have heard that if our visa gets rejected we have to leave the country and cannot apply in any category not even in FLR.


Please can you have a look and suggest what is best to do in this situation

Many thanks

Regards,

[Momi]

Why it was rejected?

[marcnath]

Hello,

1) We are due to qualify for our ILR in Jan18

On what basis will you qualify in Jan 2018 ?

2) Just in case our visa gets rejected again for this time agian ( Tier 1 Entrepreneur extension visa) and we have not yet qualified for ILR can we apply in any other category to gain time until our ILR done?

Yes, but ONLY IF that application is successful.

3) I have heard that if our visa gets rejected we have to leave the country and cannot apply in any category not even in FLR.

Regards,

You would have become an overstayer for quite a long period, so yes, that will impact any other applications but I am not sure about the specifics for every Visa category

[rochelle86]

Hello,

It was rejected due to 3 points first time

50K investment
RTI (Real time information of Staff)
Company registration details latest.

We send in Admin review and it got rejected again for 2 points and removed the 3rnd Company registration one .

We have made again a fresh application in Tier 1 Entrepreneur extension covering the 50K investment and RTI information

No our worry is if it gets rejected again by 1% then what is our option ?

Many thanks

[Momi]

You didn't submit FPS?
They are not satisfied that you have invested 50k?

[rochelle86]

Hello,

We had submitted the proof of the 50K but they needed letter from Accountant and also on the P&L showing clearly the investment showing of 50K.

But we have covered this in our 2nd application which we have done it again.

[Momi]

Did you submit FPS or full RTI with employees start dates?

[rochelle86]

Hi What is FPS? sorry

Yes this time submitted full RTI from start till date.

[Momi]

RTI (Real time information of Staff)

What exactly they say about this point?
FPS ---> full payment submission

[rochelle86]

Hello,

Yes we had submitted FPS and their was no query on it. The RTI we had submitted with the first application was not submitted for individual staff and it was submitted for employees together monthly basis but they didn't consider and stated that RTI was missing.

In AR we advised we have submitted RTI but was showing breakdown of each employee monthly. But it was rejected. In this re-application which we have done we have submitted RTI monthly showing for each employee How they need it.

[hina_pirzada]

Hi I don't understand "the individual staff submission" the RTI/FPS has standard format. Every month the RTI submit for all staff altogether and you can get RTI which include all staff members mention on it. You need to submit the wage slips for the required period for which whom points being claimed. I didn't see the individual staff submission. I have recently applied my visa and I have submitted all my RTI's for the qualifying period including the employees start and leaving date mention on it. Can you please highlight or share the individual RTI submission. please.

There are different format in RTI's which is called versions 1) Standard, 2) Medium, 3) Compact and 4) Extended.

In extended version if you are mentioning your employees hours on wage slips so employee total number for hours mention on it. If you are paying only basic pay so its mention on Basic Pay section.

Please advise about the Individual FPS.

[marcnath]

Hello,

It was rejected due to 3 points first time

50K investment
RTI (Real time information of Staff)

No our worry is if it gets rejected again by 1% then what is our option ?

Many thanks

These are relatively straightforward things to get points on. A rejection is either becaue you have not met the criteria (in which case a reapplication is highly unlikely to succeed because you can't back date these) or you just made a mistake in the documents you submitted.

Looking at the discussions, it looks like it is the latter.

So, it should be straight forward and it should get through.

I hope you did get someone else to look at the documents to give you an independent view.

Is there any reason why you are still concerned ?

[marcnath]

Hi I don't understand "the individual staff submission" the RTI/FPS has standard format. Every month the RTI submit for all staff altogether and you can get RTI which include all staff members mention on it. You need to submit the wage slips for the required period for which whom points being claimed. I didn't see the individual staff submission. I have recently applied my visa and I have submitted all my RTI's for the qualifying period including the employees start and leaving date mention on it. Can you please highlight or share the individual RTI submission. please.

There are different format in RTI's which is called versions 1) Standard, 2) Medium, 3) Compact and 4) Extended.

In extended version if you are mentioning your employees hours on wage slips so employee total number for hours mention on it. If you are paying only basic pay so its mention on Basic Pay section.

Please advise about the Individual FPS.

As you mention, your FPS submission "include all staff members". And I assume that each of them has the details of the payments made for each individual.

That is what individual FPS is.

What is interesting is that the guidelines only asks for the TOTAL.

187. This evidence in 1) or 2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business.

190. The total payments made to the settled workers on the HMRC documentation must show their earnings for each week or month that they worked for you.

There would be an argument here (if properly argued) that the UKVI has to accept an FPS submission that includes only total.

In reality though, if you have paid yourself, then you would need the individual FPS. That is because you are not a settled worked and so such a submission is no longer showing the TOTAL FOR SETTLED WORKERS.

This is just a theoretical argument not worth fighting unless you made a mistake.

The right way is to submit FPS right at the beginning that shows each individuals payment separately.

[rochelle86]

Hi,

Thank you for the information. I am still not clear about this Changes to the Overstayer rule

1- I am first in time application before my visa expired
2- My visa got rejected and taken Admin review and it got rejected again
3- Got 14 days period and made a fresh application again which disregards over stayer rule

My concern is if my visa gets rejected again then

1- whether i will get admin review option
2- if so whether i will get 14 days period for fresh application
3- Since my ILR is due in 6months time if i get the above 1 and 2 option whether i will not be considered overstayer
Many thanks

[marcnath]

Hi,

Thank you for the information. I am still not clear about this Changes to the Overstayer rule

1- I am first in time application before my visa expired
2- My visa got rejected and taken Admin review and it got rejected again
3- Got 14 days period and made a fresh application again which disregards over stayer rule

My concern is if my visa gets rejected again then

1- whether i will get admin review option
2- if so whether i will get 14 days period for fresh application
3- Since my ILR is due in 6months time if i get the above 1 and 2 option whether i will not be considered overstayer
Many thanks

No, it does not change your case. Some of my explanation responded to the question hina_pirzada raised.

But to your case, it appears the rejection was due to incorrect documents. So, if you have now corrected the documents, there should be no reason to get a rejection. Is there anything specific you are worried about ? If so, let the forum know and maybe some suggestions are still possible.

If your current re-application is rejected, for ILR purposes your continuous stay will be broken. So, whether you have AR or submit a new application is immaterial.

[rochelle86]

Hello,

Thank you for the explanation. Someone suggested me that if it is 1% chance that my new application gets rejected and my ILR qualification will be broken. Then to change my current application to FLR(FP).

As i am yet to do biometrics as well. Is this correct can I change the application to FLR(FP).

Is it going to make any difference to my situation?

Many thanks

[marcnath]

Hello,

Thank you for the explanation. Someone suggested me that if it is 1% chance that my new application gets rejected and my ILR qualification will be broken. Then to change my current application to FLR(FP).

As i am yet to do biometrics as well. Is this correct can I change the application to FLR(FP).

Is it going to make any difference to my situation?

Many thanks

There is always a chance of rejection.

Do you qualify for FLR (FP) ?

[rochelle86]

Hello,

I have just checked the requirement of the FLR(FP) and it has a point stating Private life in UK (10 year route)

Is this for who has already completed 10year route or who are in progress to reach the 10year route like in my case.


As you stated FLR(FP) gets rejected then again i am in the same situation where is it is better chance for current tier 1 application to get approved.

What you suggest best is to hope and pray for my approval or try varying my application ( which i am not sure whether i can)

Many thanks

[marcnath]

10 year route stands for the fact that it will take you 10 years after getting FLR (FP) to be able to apply for ILR.

[jafersadeq]

Hi I don't understand "the individual staff submission" the RTI/FPS has standard format. Every month the RTI submit for all staff altogether and you can get RTI which include all staff members mention on it. You need to submit the wage slips for the required period for which whom points being claimed. I didn't see the individual staff submission. I have recently applied my visa and I have submitted all my RTI's for the qualifying period including the employees start and leaving date mention on it. Can you please highlight or share the individual RTI submission. please.

There are different format in RTI's which is called versions 1) Standard, 2) Medium, 3) Compact and 4) Extended.

In extended version if you are mentioning your employees hours on wage slips so employee total number for hours mention on it. If you are paying only basic pay so its mention on Basic Pay section.

Please advise about the Individual FPS.

As you mention, your FPS submission "include all staff members". And I assume that each of them has the details of the payments made for each individual.

That is what individual FPS is.

What is interesting is that the guidelines only asks for the TOTAL.

187. This evidence in 1) or 2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business.

190. The total payments made to the settled workers on the HMRC documentation must show their earnings for each week or month that they worked for you.

There would be an argument here (if properly argued) that the UKVI has to accept an FPS submission that includes only total.

In reality though, if you have paid yourself, then you would need the individual FPS. That is because you are not a settled worked and so such a submission is no longer showing the TOTAL FOR SETTLED WORKERS.

This is just a theoretical argument not worth fighting unless you made a mistake.

The right way is to submit FPS right at the beginning that shows each individuals payment separately.

Dear marcnath,

The FPS contains many rows, each row is for an employee (including the director), each row shows the total payment (gross), tax, NI, deductions and the net payment, and under these rows the is the payment to be sent to HMRC, so if they want to see the total payment for each employee, they can see it in each row,
It is impossible to report FPS for each employee separately, because the FPS is for the company to show how much the company must pay HMRC.

Any members got extension including the silent members can give their experience
Thanks

[rochelle86]

So in my case it is best to just wait for the result

And not to try to vary my application in FLR FP

Many thanks

[rochelle86]

Hello,

Please guide me in my case do i wait for the decision for my current Tier 1 entrepreneur extension or try to change my application in FLR (FP) ?

Many thanks

[jafersadeq]

Hello,

Please guide me in my case do i wait for the decision for my current Tier 1 entrepreneur extension or try to change my application in FLR (FP) ?

Many thanks

It is clear,, you have to wait,,

[marcnath]

Hello,

Please guide me in my case do i wait for the decision for my current Tier 1 entrepreneur extension or try to change my application in FLR (FP) ?

Many thanks

Unless there is some information you have not shared yet, it does not appear that you even qualify for FLR (FP).

So, yes, you have no option but to wait

[jafersadeq]

Hi I don't understand "the individual staff submission" the RTI/FPS has standard format. Every month the RTI submit for all staff altogether and you can get RTI which include all staff members mention on it. You need to submit the wage slips for the required period for which whom points being claimed. I didn't see the individual staff submission. I have recently applied my visa and I have submitted all my RTI's for the qualifying period including the employees start and leaving date mention on it. Can you please highlight or share the individual RTI submission. please.

There are different format in RTI's which is called versions 1) Standard, 2) Medium, 3) Compact and 4) Extended.

In extended version if you are mentioning your employees hours on wage slips so employee total number for hours mention on it. If you are paying only basic pay so its mention on Basic Pay section.

Please advise about the Individual FPS.

As you mention, your FPS submission "include all staff members". And I assume that each of them has the details of the payments made for each individual.

That is what individual FPS is.

What is interesting is that the guidelines only asks for the TOTAL.

187. This evidence in 1) or 2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business.

190. The total payments made to the settled workers on the HMRC documentation must show their earnings for each week or month that they worked for you.

There would be an argument here (if properly argued) that the UKVI has to accept an FPS submission that includes only total.

In reality though, if you have paid yourself, then you would need the individual FPS. That is because you are not a settled worked and so such a submission is no longer showing the TOTAL FOR SETTLED WORKERS.

This is just a theoretical argument not worth fighting unless you made a mistake.

The right way is to submit FPS right at the beginning that shows each individuals payment separately.

Dear marcnath,

The FPS contains many rows, each row is for an employee (including the director), each row shows the total payment (gross), tax, NI, deductions and the net payment, and under these rows the is the payment to be sent to HMRC, so if they want to see the total payment for each employee, they can see it in each row,
It is impossible to report FPS for each employee separately, because the FPS is for the company to show how much the company must pay HMRC.

Any members got extension including the silent members can give their experience
Thanks

Hello,

Yes we had submitted FPS and their was no query on it. The RTI we had submitted with the first application was not submitted for individual staff and it was submitted for employees together monthly basis but they didn't consider and stated that RTI was missing.

In AR we advised we have submitted RTI but was showing breakdown of each employee monthly. But it was rejected. In this re-application which we have done we have submitted RTI monthly showing for each employee How they need it.

Our friend "rochelle86" posted the above comment, and he confused us,
I asked for a clarification, but no one answered
Please highlight