Tier 1E extension refused After 15 months

[Tochi]

Tier 1E extension refused
After 15 months

Hi Zimba88 & other respective experts

Need your help and guide line for AR


All details are following


First ext applied :
13 may 2016

Refusal 6 July 2016

Reason for refusal

Job creation

1: not provided RTI with name and pay details.
( I provide RTI which not show names and details which show just time and code and status )

2: 2 employs per hour pay not wrote in visa form

( I was applied with 4 employees 6
Month each and
2 employe were on monthly basis
And 2 were on weekly

And my Soliciter staff did mistake and
Only wrote this question answer on visa form

how much you pay per hour
Employe A : 1200 per month
Employe B : 1300 per month
Employe C : 7.20 per hour
Employe D : 7.20 per hour



Soliciter told better do fresh application
( rather than go for AR )


So Fresh application Applied


Fresh Application submitted on :  28th July 2016

Biometrics given : 12 Augest 2016

addional docoments Requested By HO : 14 decebmber 2016 ( maintenance bank statement and
It was already sent )

Requested documents Sent To HO : 16 decebmber 2016

interview email on :  11 January 2017

interview Attended on : 25th January 2017

Soliciter letter to Home office ask for outcome : 10 July 2017

No reply

MP send letter to HO : 14 aug 2107

No reply

9 nov 2017 send email @ :
public.enquiries@homeoffice.gsi.gov.uk


To request for outcome



Today I get refusal letter Dated =10 nov 2017


All points are awarded


Reason for refusal


interview questions answers they

Quoted as not satisfied and doubt of credibility


All interview question and answers
Based for refusal


Q where you get money
A : from Pakistan it’s my own Money from my inheritance


Q : who is Mr Xxx xxx
A : my brother


Q: mr xxxxx send dated xx dated xx dated 2015 in total XXXXX£ .
(They wrote wrong year on refusal letter it was 2016)
A : yes it’s my money and I not bring at once and when ever I need or have to pay my suppliers he send me



Q. What relation is Mr Xxxx and agreement is in place to repay him the money that he has invested into your business?

A. He is my husband's brother. He has not invested, sometimes if my brother is not available, he does the payment for me from Pakistan so it's my money they just send it to me.

It is of concern that your claimed inheritance from your father has not been sent directly to you.



These answers lead us to doubt the viability and credibility of the source of the funds for your business.


(iii) the credibility of the financial accounts of the business or businesses;


Q. How much money have you invested into the business so far?
You replied "£20X,XXX

You have provided a letter from your accountant stating the date of each receipt for these investments.

Given that you stated earlier that your investment is based on an inheritance from your father, it is of concern that it has taken 3 years and multiple transactions to show this amount.



These answers lead us to doubt the credibility of the investment into your business and the financial accounts of your businesses.

(iv) the credibility of your business activity in the UK;


Q. What is your day to day role within the business?

You replied " I look after things which I have to order from the suppliers and when I have to deliver the order I check the stock is there and then I have to place a new order, I finalise what I need to bring, what is coming

into the market."
"Anything else?"
"That's it."



Q, how much money have you spent on advertising?
You replied" I did advertising in the start from leaflets, so it was just about £1,000-£1,500 and then hired a person who put the leaflets and then I didn't need advertising."

Q : do you have website

A: You replied " I have but it didn't work for me because I have many customers who come to me, I made it when I started my business and I don't use it anymore."

We have accessed your website. This is a very basic website with no business description or address.


Given these answers, this leads us to doubt how you have attracted business.


Overall this leads us to doubt the credibility of your business activity.

(v) the credibility of the job creation for which you are claiming points;

Q. How many employees do you have and what are their names and job roles?

You replied " At the moment I have 3 employees
1)Mr X- He is the warehouse manager
2)Mr Y- he does sales
3)Mr Z- he does delivery and helps in stock, which things I have."

The lack of detail about their roles leads us to doubt the credibility of your job creation

(vi) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether the accreditation, registration and/or insurance has been obtained;
No specific concerns in this area.

(vii) any other relevant information
No other areas of specific concern.
Based on the above consideration the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing, on the balance of probabilities, the points listed at paragraph 245DD(l) of the immigration rules.
Therefore you do not satisfy the requirements of the Immigration Rules for this category and it has been decided to refuse your application for Leave to Remain as a Tier 1 (Entrepreneur) migrant under paragraph 245DD of the Immigration Rules as you do not meet the requirement at paragraph 245DD(k), with reference to paragraph 245DD(l).


@ Zimba88

If You need to know any more info or any questions from me please let me know


Thanks in advance

[mig2015]

So sad to hear your story.

Q where you get money
A : from Pakistan it’s my own Money from my inheritance

Were the funds sent to your business bank account directly, or to the personal bank account first?

[schahzeb]

I think one doubt led to another from reading the refusal points. The money should come from your account abroad into your business and it should be readily identifiable. Because it was sent by brother/brother in law that started the chain.

[mig2015]

I think one doubt led to another from reading the refusal points. The money should come from your account abroad into your business and it should be readily identifiable. Because it was sent by brother/brother in law that started the chain.

as far as I understand they shouldn't necessarily come directly from applicant's account abroad to UK bank account.

[schahzeb]

Wouldnt that be classified as third party funding!

It's not about what we think but what the case worker thinks and what the policy guidelines say.

I think one doubt led to another from reading the refusal points. The money should come from your account abroad into your business and it should be readily identifiable. Because it was sent by brother/brother in law that started the chain.

as far as I understand they shouldn't necessarily come directly from applicant's account abroad to UK bank account.

[Emirates]

I dont see any issue at all with your funding all you need to justify that this is your inheritance money as your dad is elderly does not deals with the banking matters so your brother or brother in law deals wid it. Rest you put all the money in your personal account n then put it in business as Director loan and you invested the money as and when required so that could be an argument.

But to me the weak point is the advertising you need to explain us the nature of your business. If your business has existing clients and you are self sufficient with them turnover wise then you can argue that you have existing client base and business generate enough turnover according to the current scenario also the nature of your business can provide grounds that your online prescence is vital or not this is subjective refusal point and can d3finately be argued. I think you will win InshAllah in admin review but to all these redusal you need to provide justified and proper answer which they cannot deny.

[Tochi]

So sad to hear your story.

Q where you get money
A : from Pakistan it’s my own Money from my inheritance

Were the funds sent to your business bank account directly, or to the personal bank account first?

Funds came in my personal account then
I transfer in business account

[Tochi]

I think one doubt led to another from reading the refusal points. The money should come from your account abroad into your business and it should be readily identifiable. Because it was sent by brother/brother in law that started the chain.

Father died how he can send
So that’s why my brother and brother in law send me


If you read I clearly tell in interview it’s my money they just send to me

[Tochi]

I dont see any issue at all with your funding all you need to justify that this is your inheritance money as your dad is elderly does not deals with the banking matters so your brother or brother in law deals wid it. Rest you put all the money in your personal account n then put it in business as Director loan and you invested the money as and when required so that could be an argument.

But to me the weak point is the advertising you need to explain us the nature of your business. If your business has existing clients and you are self sufficient with them turnover wise then you can argue that you have existing client base and business generate enough turnover according to the current scenario also the nature of your business can provide grounds that your online prescence is vital or not this is subjective refusal point and can d3finately be argued. I think you will win InshAllah in admin review but to all these redusal you need to provide justified and proper answer which they cannot deny.

My business nature is Wholsale
only B to B we deal
And when start I hire the man print leaflets and give free samples of my products and he did marketing for my business

[sm12]

So sad to hear your story.

Q where you get money
A : from Pakistan it’s my own Money from my inheritance

Were the funds sent to your business bank account directly, or to the personal bank account first?

Funds came in my personal account then
I transfer in business account

Very sorry to hear about this.
Did you submit personal bank statements in addition to business bank statements?

[marcnath]

I am sorry to hear about this and you have a tough hill to climb to reverse this.

1. How did you show the money initially ? Was the money in your bank account back home ? If you can provide those bank statements in your name, it does not matter who did the actual transfer and you have good grounds for an AR.
2. The fact that you did the investment in many transactions can be easily argued against. You only need to invest when needed and maybe you were hoping for more favourable exchange rates.
3. Your role in the business is tough to justify, especially as you seem to have made a definitive "That's it" statement. A business owner would be expected to be doing a lot more - talking to the employees, checking the accounts, checking on customers and so on. Not sure how you can counter this.
4. For the employee roles, you can always argue that you were not asked for details. I think you gave an appropriate answer to the question.
5. Advertising and website - another tough one, but you could try to provide some more details on how the flyers worked. Was the person who distributed the flyers paid ? If so, that would be advertising costs too.

Good luck with your AR

[miumiuuk]

So sad to see one more refusal based on the interview. Long wait Applicants might fail in this pool now.

Your solicitor's mistake also led this application to failure. Advise finding a better one if you still have money.

I don't see any problems with the business geniuses. Businesses are varied, there is no formula to run a company. Appearlly, HO have their own and they are even not entrepreneurs.

Regarding investment. Did you provide your UK personal bank account and UK business account to shows all transactions? This is a crucial evidence.

It's like a trap as HO did not mention this concern in your first application refusal. If they had ever concerned your source of funds, you had prepared it well in your second one. Right now, you can't not provide any additional documents to prove those were your own money. You can only rely on a good lawyer to apply AR or JR.

All refusal reasons are based on doubts. Is the UK still under the rule of laws? Sigh
Wish you will have a good news after AR, and please keep us updated.

[PeterLove2008]

Sad story, I am sorry to hear that. Your case, to me, is shocking, because all points awarded but still got refused. Are we in Point-Based System?
You definitely go for AR or JR.

[zimba]

Unfortunately the rules allow a refusal based on 'balance of probabilities'. This means it is up to you to provide a very convincing defence of your case on your own during an interview. This also means that you may be a genuine entrepreneur but HO must be convinced of that. Therefore your interview is the only chance you get to make sure to argue your case in the best possible way with enough evidence on your business decisions and your work.
As far as I can see, you represented your case quite poorly, were completely unprepared for an interview and did not have very convincing answers to the questions. You must be able to tell them exactly how you brought money in the business, why you delayed your investments, why someone is hired, what they do, your responsibilities in the company, why you do not have any online presence in 2017, etc.
I do not see how AR will help as they have listed several reasons why they are not convinced and you cannot add any more evidence.

[seasky]

"Q. What is your day to day role within the business?

You replied " I look after things which I have to order from the suppliers and when I have to deliver the order I check the stock is there and then I have to place a new order, I finalise what I need to bring, what is coming

into the market."
"Anything else?"
"That's it."

That sounds like the job of a stock clerk not the owner of a business!

If advertising worked so well for you why not advertise more and triple your business?

Websites are basically free to make (wix.com) and peanuts to host. No justification not to have a website. Period.

I would not buy any B2B product from a no website business. Do u have a phone and email?

U are getting harsh responses but if u want any chance u need to share more. What B2B products? Why? (Do u have expertise in said product). What was turnover and profit?