AR refused. Please Guide for Fresh Application (Tier 1 Ext)

[taz09]

Dear fellows,

I've been a reader of this forum for long. I applied for tier 1 extension last july (2017) but got the refusal letter yesterday having following points raised.
1. My accountancy firm is not registered (the accountant who signed the documents is registered member of ACA and has a certificate for that. However the firm is not. Would that create any problem in AR?)
2. FPS/RTI not showing full information (The attached documents had all the information, i do not know why they raised this point)
3. One of the workers is not being paid minimum legal wage (The employee was under 25 so she was paid according to national minimum wage rate in her age category)

I currently have completed 9 and half years here. if the AR is refused what options do i have to complete my 10 years route legally.

Kindly look into these points and if any help can be provided i'll be grateful

[seasky]

I don't know point 1

Points 2&3 seem to be administrative misunderstanding, exactly what AR is about. RTI/FPS are you sure, everything is there? the regulations have now changed and they are less onerous on FPS, so maybe if you did miss something then you can explain in the AR that now it would have been OK

The min wage seems like a clear admin mistake that can be fixed.

[seasky]

I think you can reapply if AR is refused. That will get you to LR, but we have seen initial evidence that LR is not a magical "get out jail" card anymore and they do look at the your t1e period.

[marcnath]

Dear fellows,

I've been a reader of this forum for long. I applied for tier 1 extension last july (2017) but got the refusal letter yesterday having following points raised.
1. My accountancy firm is not registered (the accountant who signed the documents is registered member of ACA and has a certificate for that. However the firm is not. Would that create any problem in AR?)
2. FPS/RTI not showing full information (The attached documents had all the information, i do not know why they raised this point)
3. One of the workers is not being paid minimum legal wage (The employee was under 25 so she was paid according to national minimum wage rate in her age category)

I currently have completed 9 and half years here. if the AR is refused what options do i have to complete my 10 years route legally.

Kindly look into these points and if any help can be provided i'll be grateful

Seems to be mostly administrative errors.
1. Did the accountant sign on his on behalf or on behalf of the firm ? If on behalf of the firm, it would be more of a problem. But you can nevertheless try arguing that the accountant has the qualification.
2. Difficult to say what is missing if they have not specified it. Go through the guidelines - it sets out clearly what is needed - Gross pay, NI, etc. And state in the AR that all the information as required under the immigration rules is present (if it is)
3. This should be the easiest.

If your AR is refused, then you can make a fresh application with the corrected accounts.

[taz09]

Thanks for helping me out guys.
Yes the accountant signed on behalf of the firm but he has named himself everywhere with his registered number. Also do i need to get any letter from the accountant of any kind. he has already sent me the ACA membership certification. For the issue of FPS and RTI i sent all the related documents showing the details and even the refusal letter acknowledged the receipt of these documents and still they say without naming that documents are cot complete. Please help me out...

[marcnath]

Thanks for helping me out guys.
Yes the accountant signed on behalf of the firm but he has named himself everywhere with his registered number. Also do i need to get any letter from the accountant of any kind. he has already sent me the ACA membership certification. For the issue of FPS and RTI i sent all the related documents showing the details and even the refusal letter acknowledged the receipt of these documents and still they say without naming that documents are cot complete. Please help me out...

Just go ahead with the AR point by point as discussed.
CWs are also human and could make mistakes - unfortunately you seemed to have got one that did.
Good luck with the AR.

[grenland7862]

Dear fellows,

I've been a reader of this forum for long. I applied for tier 1 extension last july (2017) but got the refusal letter yesterday having following points raised.
1. My accountancy firm is not registered (the accountant who signed the documents is registered member of ACA and has a certificate for that. However the firm is not. Would that create any problem in AR?)
2. FPS/RTI not showing full information (The attached documents had all the information, i do not know why they raised this point)
3. One of the workers is not being paid minimum legal wage (The employee was under 25 so she was paid according to national minimum wage rate in her age category)

I currently have completed 9 and half years here. if the AR is refused what options do i have to complete my 10 years route legally.

Kindly look into these points and if any help can be provided i'll be grateful

Hi
I am sorry to hear about your refusal, please refer to HO guidelines ,as per guidelines the person/accountant who sign documents must have relevant qualification such as ACCA, ACA etc and firm status is irrelevant.If your accountant hold ACA status then you have high chance of success.
I have accountancy firm and my documents were sign by self employed accountant who hold ACCA qualification (my ex colleuge who work from home) and my extension was approved with out any interviews.

[taz09]

Hi,

I talked with my solicitor. First, he mentioned that Admin review is the only option right now. Can anyone tell that fresh application can or cannot be made at this stage (before admin review)?
2nd if the AR is unsuccessful and the fresh application is applied within 28days of the AR refusal then it an be covered under a one time gap of 28 days in 10 year residency route. Can anyone explain that for me and is it the only choice for me to go for AR right now and not the fresh application to continue my tenure.

[dnf]

You mentioned that the accountant has provided you with his ACA membership certificate. However, the accountant must also hold a practicing certificate.

An accountant could be a member of ACCA/ACA but cannot practice unless if he/she has a practicing certificate.

Therefore, please ensure that you ask your accountant to provide you with the copy of his practicing certificate and use that during your AR proving that he is a fully qualified member of ACA and have a valid licence to practice or practising certificate

[grenland7862]

Agreed, Accountant should have practicing certificate to sign accounts or providing reference letter.

[taz09]

Dear Forum Members,
I applied Tier 1 extension in July 17, refused on 30 march and AR refused dated 06 June.
The main points are
1. Accountant has the qualification but not the practising license
2. Director loan not specifically mentioned in the accounts (Although creditors in Balance sheet also covers the director loan) So how they need to be shown now?
3. RTFPS do not show total payment made to settled workers. (I do not understand what that really means as the RTI shows the amount taxable and other stuff). How do i elaborate this point.

Also i would like to now that i've 4 months left for 10 year completion, how does this fresh application affect that status as it says in the AR that if there's something new to raise now you must do so within 14 days.

I am doing this now with a new accountant with both the qualification and practising license. Please help me with the fresh application and if these points could be answered properly.

[CR001]

Topics Merged (click)

Please do not ask ILR questions in the Tier 1 Sub Forum. You already have an ILR topic HERE (click) and should continue ILR questions there.

[ahsanalishah]

1- Change your accountant
2- Show the director loan in books as per policy guidance
3- i cant understand this refusal point but if you have FPS & RTI monthly wages wise then it is as per policy guidance. See some good accountant who does the accounts for Tier-1 Entrepreneur visa and knowledge/understanding about FPS RTI requirement for this category.

I believe these are the mistakes from the accountant end as he has got poor understanding of this category.
Good Luck

[marcnath]

2. Director loan not specifically mentioned in the accounts (Although creditors in Balance sheet also covers the director loan) So how they need to be shown now?

Read the guidance. The accounts has to show it specifically with your name against it. The normal practice is to add it into the notes in the accounts.

3. RTFPS do not show total payment made to settled workers. (I do not understand what that really means as the RTI shows the amount taxable and other stuff). How do i elaborate this point.

Not sure what "other stuff" is. But if the total payment to the worker is not there in the FPS, you do not meet the requirement.

Also i would like to now that i've 4 months left for 10 year completion, how does this fresh application affect that status as it says in the AR that if there's something new to raise now you must do so within 14 days.

I am doing this now with a new accountant with both the qualification and practising license. Please help me with the fresh application and if these points could be answered properly.

If the new application is filed within 14 days, it should not affect your 10 year LR even if you are an overstayer now.

[taz09]

can anyone post a specimen of balance sheet where it has the director investment mentioned or foot note or whatever. also FPS specimen where it shows the total payment made to the settled workers.

[moongesture]

a) have you sent FPS for each month you claimed for each employee?
b) Have your FPS had employee(s) details? name and NI etc
c) does it shows Gross Pay as well as Tax & NI deduction for each payment you made to your employee for the claimed period?

[marcnath]

can anyone post a specimen of balance sheet where it has the director investment mentioned or foot note or whatever. also FPS specimen where it shows the total payment made to the settled workers.

Do you have an accountant - they should be able to handle both of these for you.

[taz09]

The FPS my accountant submitted doesn't say the employee gross Payment. it just mentions the tax, Employer and Employee NI. Is it possible to generate the FPS again through different software where it can show other details as well? Please guide

[marcnath]

The FPS my accountant submitted doesn't say the employee gross Payment. it just mentions the tax, Employer and Employee NI. Is it possible to generate the FPS again through different software where it can show other details as well? Please guide

Yes, it should be possible. People in this forum have used a software called Moneysoft (if I recall it correctly)

[taz09]

My accountant is using SAGE for RTI (FPS). Now he has been able to add the start and end date but the total payment is still not in that statement. Can it be added manually into the FPS with exact same amount or would it be a deception?. other than that if someone can give a better solution.

[moongesture]

Ask him to print XML files from the sidebar or he can send encrypted files to Sage and get it decoded from them. Both options are there