kom wrote: ↑Fri Mar 30, 2018 4:43 pm
Thanks everyone for responses.
@marcnath: can you please advice me how to defend in AR Now? what makes my position stronger in AR?
- can i send them additional documents to the postal address as i have seen few people send additional documents in AR as well? Do they except documents? is that ok to create Premises agreement now and send it to AR team via post?
Please advice me on my refusal reason.
Unfortunately, additional documents are not accepted during AR.
It is difficult to give you arguments - it may be worth consulting a professional. However, here are some ideas to work with.
1. Premises:
You stated that you working from Home and Its family Home but you were unable to produce any agreement with your family member.
Note: - Compliance office asked me about running business from home and i answered that, this is my family house and my family member is aware that i am running business from Home and she is allowing me to run business from home. Then Officer ask me about any contract /agreement. I said if you need one then i can produce one and send it you later but officer stated that you don't need to do that in my interview.
There is no requirement under UK law to have a written contract so you never did. This was the best arrangement that felt was suitable for the state of the business as it stands. You offered to get a written agreement if needed but the offer was not taken up.
kom wrote: ↑Fri Mar 30, 2018 4:43 pm
2. Clients:-
You stated that currently you have 4 contract but you do not have any employee at the time of interview. we can not justify that you have 4 contract and you working by your self. We would expect that business with continuous contract to either have employee or in process of employing new staff.
Note:- I clearly mention to Office during interview that my employee left the job just 1 month back and right now i am capable to handle business by my self.once i have more project/contract i will recruit more employee.
Businesses have their ups and down. And the resourcing needs to be adjusted accordingly. The business had 7 contracts, two of them that were very labour intensive and we had two employees earlier, creating almost 40 man months (? check the number) of full time jobs since the business started. The loss of business led to a decision to not hire a replacement when the employees left. We are working on new contracts and expect to hire again once new clients come on board.
kom wrote: ↑Fri Mar 30, 2018 4:43 pm
3. Job Creation:-
You unable to provide communication detail between you and your employee.
Note: After interview i have submitted my rota/work assign to my employee schedule and i also mention that i also have my web based admin system where employee can check their daily job detail.I also showed officer my web based admin system during interview.
Evidence has been provided on how I manage the work load for the employees. In addition, I visited the employees at the customer location where they worked regularly at least _ times a week. ...... Anything more that you can add here.
Overall, I believe the CO made a mistake in only assessing the condition of the business at the time of the interview - which unfortunately is a low point of the business cycle. The CO should have assessed the business over the whole period since it started and all of the conclusions above would have been different.
So, I believe a mistake was made in arriving at the decision to refuse the extension and request you to
kindly review the same. If you need further information, documents or another interview, I would be happy to provide those.
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.