Ragbirmattu wrote: ↑Mon Mar 05, 2018 12:24 pm
marcnath wrote: ↑Mon Mar 05, 2018 9:56 am
Ragbirmattu wrote: ↑Mon Mar 05, 2018 9:37 am
Anyone tell how can i do AR. Why i have not given appeal right as most people did and there cases in tribunals.
It has been ages since right of appeal has been removed. You are really out of date.
The letter should have given you the right to apply for an administrative review (AR).
However, the AR only challenges the decision making of the CW itself, so you need to have good reason as to why you think the decision was wrong - do you have such reasons ?
This refusal itself is the reason to reverse the decision. How could i wrote budiness services on invoices. It is software generated invoicing witn refrence lind IT consultancy, computer networking etc. How could i type all my business contract services in one invoice.
My company employee mostly work home but non british even work out of country from pakistan but I didn’t claim points on them. How could u refused if employees live 60 miles. I know how IT work.it is not written anywhere in policy guidance to provide health & safety reports not employee geographic restriction only it is british national. They were british
I agree that many of the reasons set out are ridiculous. But, normally, it is not any one of those but the overall picture that the CW is deciding on.
Without know exactly all the details, it is difficult to say how valid they are - only you know how genuine your business is.
Having said that, there are two of those that seem problematic.
1. Mismatch between business contract and services. Not sure what this is, but if you have a contract for software development and then all the invoices are only for supply of computers, it may be a problem. If it is only slight variations or not having all services listed, it should be easy to argue for that to be reversed.
3E. Employee - I don't think the 60 miles away in itself is a problem, but I can understand that a friend who is working for minimum wage can raise suspicion.
Go for your AR with a point by point rebuttal. Argue that you should have been able to explain the findings and provide additional information (such as actual work product delivered by your employee). If you have other employees who are well above minimum wage, that should have been taken into consideration. The fact that you are employing more people that needed to just meet the conditions (even if they are non settled workers) should be evidence that it is not a cosmetic employment.
If things are genuine, then you should have a good chance of success.
If AR is unsuccessful, your next option would be to do a court challenge, which can be an expensive affair.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
