Tier 1 (Entrepreneur) extension admin review

[amit8910]

Hi All,

I am posting question behalf my friend who recently rejected and applied for admin review.

He likes to know what are the option if his admin review will reject.

If he will go for fresh application then can his dependent work as per previous status or not?

Can he challenge the decision in court? If he can then his dependent work or not.

Can he appeal the decision?If he can then he needs to leave country or not and can his dependent work if she is in UK?

Can he or her wife apply for student visa?Then aim for 10 year ILR visa?

Thanks,
Amit

[zimba]

We cannot help if we do not know why the application was refused and reasons behind it.

After AR refusal he can apply for a fresh application, but he will be an overstayer as his section 3C ends which also ends their 10 year lawful stay period.
If the dependants have no valid visa either, then they will be over stayers too and cannot work.
There are no rights of appeal available to PBS migrants so they cannot challenge the decision in court, the only option is JR which is outside the scope of immigration rules.
They also cannot apply for a Tier 4 from the UK.

[amit8910]

Thanks Zimba for your reply.

Refusal reasons as below.
1)Director loan is not shown in company accounts-
2)Employee"s birth certificate provided which HO refused to consider.Employee doesn't have passport.
3)My friend never submitted RTI to HMRC as he found somewhere(on HMRC website) that small employer is exempt to file RTI if employees contract is less than 15 hours.However,he paid NI and other taxes of employees in HMRC. It is just RTI is not filed.

I think he can satisfied with first two reasons in fresh application.However,I am not sure how to overcome 3rd one.

Please advise what is the best option here.

Thanks

[marcnath]

Thanks Zimba for your reply.

Refusal reasons as below.
1)Director loan is not shown in company accounts-
2)Employee"s birth certificate provided which HO refused to consider.Employee doesn't have passport.
3)My friend never submitted RTI to HMRC as he found somewhere(on HMRC website) that small employer is exempt to file RTI if employees contract is less than 15 hours.However,he paid NI and other taxes of employees in HMRC. It is just RTI is not filed.

I think he can satisfied with first two reasons in fresh application.However,I am not sure how to overcome 3rd one.

Please advise what is the best option here.

Thanks

I am not aware of any exemption for RTI and HMRC should have sent late filing notifications of non submission of FPS.
How did he calculate the NI/PAYE that he paid ? Any software used would have created FPS docs.
He should talk to an accountant or HMRC directly - I am not aware of any way of submitting very old FPS.

[zimba]

Your friend must seek the advice of a good accountant and talk to HMRC.
RTI submission of payroll is mandatory for all employers irrespective of their size or nature of work.

[amit8910]

Hi Zimba

If my friend will go for JR then does he needs to leave country? Do you know timeline and chances for JR?

If his dependent needs to apply for student visa.Does she needs to apply from outside of UK? If she will grant student visa and if they will come back in UK within 6 months then they eligible for 10 years long residency.(I think on of my friend student visa finished and he got PSW from home country within 6 months and he applied for ILR on 10 years basis and he got the ILR) but still wants to make sure with you if any changes in rules.

Thanks,

[amit8910]

one more question if He will apply for JR then can he apply for student visa same time.

[marcnath]

Hi Zimba

If my friend will go for JR then does he needs to leave country? Do you know timeline and chances for JR?

If his dependent needs to apply for student visa.Does she needs to apply from outside of UK? If she will grant student visa and if they will come back in UK within 6 months then they eligible for 10 years long residency.(I think on of my friend student visa finished and he got PSW from home country within 6 months and he applied for ILR on 10 years basis and he got the ILR) but still wants to make sure with you if any changes in rules.

Thanks,

The problem seems to be with the FPS/RTI.
As both me and Zimba suggested, that needs to be sorted with an accountant and HMRC.
If it can be sorted, then all it needs is a fresh application.
If that can't be sorted, I can't see much of a chance to win on JR, but you need to talk to a lawyer on that.

Zimba already replied that you can't apply Tier4 from within the UK - so not sure why you are asking the same question again.
And yes, if she comes back within 6 months, the eligibility for 10 year LR is there.

[zimba]

If my friend will go for JR then does he needs to leave country? Do you know timeline and chances for JR?

On what basis ?? JR is to challenge HO for doing something unlawful. What was or is unlawful in the decision ??!
Is she being manipulated by solicitors to push for JR just because they say ?!

If his dependent needs to apply for student visa.Does she needs to apply from outside of UK?

Yes

If she will grant student visa and if they will come back in UK within 6 months then they eligible for 10 years long residency.(I think on of my friend student visa finished and he got PSW from home country within 6 months and he applied for ILR on 10 years basis and he got the ILR) but still wants to make sure with you if any changes in rules.

That is only possible if you leave the UK when you still have valid visa and return within 6 months.
When you have no valid visa, then you should apply for a new visa outside the UK within 14 days of becoming an overstayer (when AR is refused) and such application needs to be successful to keep your continuous period intact (assuming all that takes less than 6 months and you come back). Obviously any absences of more than 180 days from the UK breaks your continuous period under all circumstances

[amit8910]

Thanks to both of you for your views.

My friend will consult lawyer for JR.

One more question-If AR will go unsuccessful and my friend will leave UK in 14 days and apply for student visa in Nov 17 for Jan 18 Course then his 10 years residency consider or not.

His AR result will come by end of this month.

Thanks

[schahzeb]

Thanks to both of you for your views.

One more question-If AR will go unsuccessful and my friend will leave UK in 14 days and apply for student visa in Nov 17 for Jan 18 Course then his 10 years residency consider or not.

Thanks

Not sure if you are aware but isn't 10 year residency based on 10 year continuous lawful residency!

[amit8910]

I think if you will come within 6 months then you are eligible for 10 years residency. However,I am not sure if visa rejected and your visa finished that time then it consider to be legal stay or not for 10 years residency.If your AR unsuccessful then it consider legal stay or not.

Zimba- if you can answer my question that would be great.

[CR001]

I think if you will come within 6 months then you are eligible for 10 years residency.

Who told you that?? You cannot apply for ILR long residence any sooner than WITHIN 28 days of reaching 10 years residence, counted from date of entry to the UK.

However,I am not sure if visa rejected and your visa finished that time then it consider to be legal stay or not for 10 years residency.If your AR unsuccessful then it consider legal stay or not.

Zimba88 has already answered this. If AR is unsuccessful, then he is an overstayer from the date after his visa expired.

We cannot help if we do not know why the application was refused and reasons behind it.

After AR refusal he can apply for a fresh application, but he will be an overstayer as his section 3C ends which also ends their 10 year lawful stay period.
If the dependants have no valid visa either, then they will be over stayers too and cannot work.
There are no rights of appeal available to PBS migrants so they cannot challenge the decision in court, the only option is JR which is outside the scope of immigration rules.
They also cannot apply for a Tier 4 from the UK.

[schahzeb]

I think if you will come within 6 months then you are eligible for 10 years residency. However,I am not sure if visa rejected and your visa finished that time then it consider to be legal stay or not for 10 years residency.If your AR unsuccessful then it consider legal stay or not.

Zimba- if you can answer my question that would be great.

No..unless you have a valid visa throughout 10 years

[zimba]

I think if you will come within 6 months then you are eligible for 10 years residency. However,I am not sure if visa rejected and your visa finished that time then it consider to be legal stay or not for 10 years residency.If your AR unsuccessful then it consider legal stay or not.

Zimba- if you can answer my question that would be great.

I explained it clearly above. You need 10 continuous residence and breaks of more than 28 days (or 14 days after 24 November 2016) will break your continuous period. You will be an overstayer if AR is refused.