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I can't see anything wrong.Hardworking wrote: ↑Fri Jun 08, 2018 6:57 pmI've just received a letter from HMRC that my extension is refused.
Reason:
I have been awarded all the score points except Job Creation.
"The letter stated that based on the Paragraphs 49 and 50 of Appendix A of the Immigration Rules.
As evidence of this, you have supplied for your employees:
- Wage slips for all employees
- Copy of IDs for all employees
- Real Time Full Payment Submission
- Relevant P45 and P60 documents
This evidence is not sufficient because you have no shown that two full time or equivalent part time job roles have been created for a period of 12 months as stated in paragraphs 49 and 50 of Appendix A of the Immigration Rules."
My job creation:
I have properly employed 2 full time employees, and both was over 12 months. Why the case worker refused my extension?
Job 1 working 37.5 hour/week; 7.5 hour Mon-Fri
Employee 1 From 9/2/2015 to 8/5/2015 Hr rate:7.1795 total Hr 472.5 Gross pay = 3392.32
After probation From 9/5/2015 to 9/9/2015 Hr rate: 7.4359 total Hr 572 Gross pay= 4253.36
Employee 2 From 7/9/2015 to 28/3/2016 Hr rate 7.4359 total Hr 915 Gross pay =6803.88
From 29/3/2016 to 6/9/2016 SSP and untaken holiday Hr rate 7.4359 Hr 105 Gross pay=780.77
Job 2 working 37.5 hour/ week; 7.5 hour Mon- Fri
Employee 3 From 17/07/2016 to 19/07/2017 hr rate 8.4615 total Hr 1950 Gross pay =16499.95
Please HELP! Please advise what is my problem? Did I have any error on calculation? Did I submit not enough evidences?
It could be the reason for the refusal.Hardworking wrote: ↑Sat Jun 09, 2018 6:56 pmHELP! I am crazy now. I found a typo on the Form!!!
JOB 2 start date 17/07/2016 End date 19/07/2016* IT SHOULD BE *2017
Please help. It is my fault.
Thank you
Some time back there was a refusal that I read about on here about same job titles- i.e. two employees with the same job title were counted as one job. I think that was also overturned in AR, and you can mention this, too, that they are doing different work.Hardworking wrote: ↑Sun Jun 10, 2018 8:11 pmThe refusal letter has stated the reasons inside the Box of Creation of jobs in the UK.
I typed all the words inside the Box except he cited also the exact wording of Paragraphs 49 and 50 of Appendix A of the Immigration Rules.
CW hasn't said why he didn't accept JOB 1 and JOB 2.
For JOB 2, I found I have a typo in the Application Form with Start date (17/07/2016) End date (19/07/2016*) It should be *2017.
For JOB 1, although the employee has SSP, but the job is well over 12 month even I exclude the SSP period
Employee 1: from 19/1/2015 to 22/01/2015 hr rate 7.1795 total hr 30 Gross pay 215.39
Employee 2: from 09/02/2015 to 08/05/2015 hr rate 7.1795
from 09/05/2015 to 09/09/2015 hr rate increase after probation 7.4359 total hr 1044.5 Gross pay 7645.68
Empolyee 3: from 07/09/2015 to 06/09/2016 hr rate 7.4359 total hr excl SSP 1020 Gross pay excl SSP 7584.64 Gross pay incl SSP 9955.11
I only can find one silly reason. In the Application Form, Employee 1 and 2 were stated in one sheet with job title: DESIGNER (Full-time)
Employee 3 was stated in another sheet with Job title: DESIGNER (con't) Full-time
CW may consider Employee 3 is not SAME JOB. Please senior member give me some insight. I must find out what is the problem for JOB 1 PLEASE
Also, just to confirm- so you wanted to include employee 3 in job 1?sm12 wrote: ↑Sun Jun 10, 2018 8:38 pmSome time back there was a refusal that I read about on here about same job titles- i.e. two employees with the same job title were counted as one job. I think that was also overturned in AR, and you can mention this, too, that they are doing different work.Hardworking wrote: ↑Sun Jun 10, 2018 8:11 pmThe refusal letter has stated the reasons inside the Box of Creation of jobs in the UK.
I typed all the words inside the Box except he cited also the exact wording of Paragraphs 49 and 50 of Appendix A of the Immigration Rules.
CW hasn't said why he didn't accept JOB 1 and JOB 2.
For JOB 2, I found I have a typo in the Application Form with Start date (17/07/2016) End date (19/07/2016*) It should be *2017.
For JOB 1, although the employee has SSP, but the job is well over 12 month even I exclude the SSP period
Employee 1: from 19/1/2015 to 22/01/2015 hr rate 7.1795 total hr 30 Gross pay 215.39
Employee 2: from 09/02/2015 to 08/05/2015 hr rate 7.1795
from 09/05/2015 to 09/09/2015 hr rate increase after probation 7.4359 total hr 1044.5 Gross pay 7645.68
Empolyee 3: from 07/09/2015 to 06/09/2016 hr rate 7.4359 total hr excl SSP 1020 Gross pay excl SSP 7584.64 Gross pay incl SSP 9955.11
I only can find one silly reason. In the Application Form, Employee 1 and 2 were stated in one sheet with job title: DESIGNER (Full-time)
Employee 3 was stated in another sheet with Job title: DESIGNER (con't) Full-time
CW may consider Employee 3 is not SAME JOB. Please senior member give me some insight. I must find out what is the problem for JOB 1 PLEASE
In principle, the CW was right in refusing the jobs. They had the discretion to do further work and understand your logic, but they are not obliged to - it is your responsibility to have done it correctly.Hardworking wrote: ↑Sun Jun 10, 2018 11:10 amThank you so much Marcnath. Based on the reasons for refusal. CW also did not accept JOB 1. I cannot find the problem in JOB1.
My submission Form is
----------------------
Sheet 1 Table 3b2
Job number: 1
Job title: DESIGNER (Full-time)
Date post created: 19/01/2015
Employee name(SS) Start Date with your business(19/01/2015) Start date(9/01/2015) End date(22/01/2015) Hourly rate paid(7.1795) Full-time(Yes) 3 days 19/1 to 22/1
Employee name(PP) Start Date with your business(09/02/2015) Start date(09/02/2015) End date() Hourly rate paid(7.1795) Full-time(Yes)No end date specified. Assume end date is 8/5/15 - 3 months
Employee name(-same-) Start Date with your business() Start date(09/05/2015 change hr rate) End date(09/09/2015) Hourly rate paid(7.4359) Full-time(Yes)4 months
So overall Job 1 is only 7 months and 3 days, well short of 12 months. This does not correlate to your original post
(con't next page)
It looks like you then start a new Job Table, which the CW would have taken as another job - even if you put the Job number as 1 (CW can't decide if you entered 1 there in error.
Employee J should have been a new row in the above table.
Sheet 2 Table 3b2
Job number: 1
Job title: DESIGNER (con't) (Full-time)
Date post created: 19/01/2015
Employee name(JJ) Start Date with your business(07/09/2015) Start date(07/09/2015) End date(06/09/2016) Hourly rate paid(7.4359) Full-time(Yes)
So that is clearly the error. CW has taken this as two separate jobs.
Your AR argument would be the same - that the CW should have seen the same Job Number and Title and treated it as 1 or clarified.
Since it is clearly indicated that you should be using one table for each job, your chances of AR being refused increases. But I think it is still better than 50% that your refusal will be overturned.
(con't next page)
-------------------------------
What's the problem on JOB1?
(con't) = continued
Job 1 employee, JJ, was employed for a year, but she got cancer so I paid SSP from 29/3/2016 to 06/09/2016.
But I have counted even I excluded the SSP period, total 2094 hours for JOB1 (employee SS+PP+JJ), well over 12 months.
Below is what I wrote in my cover letter:-
"Job1 was a full-time Designer in Year 1 and 2 (over 12 months)
Job 2 was a full-time Officer in Year 3 (over 12 months)"
I haven't written how to calculate the 12 months.
---------------------------------------
I enclosed with the Form with a document list.
I stated clearly JOB 1 included employee SS+PP+JJ and what documents enclosed.
I assume this was in the cover letter. So that will help your argument.
---------------------------
Each employee documents, I have attached a cover sheet summary to show their job title and a summary table by month. Table column heading are Pay Slip Date / Real time Full Payment Submission Month/ Date Start / Date left/ Hr rate (a)/ Hour total (b)/ Gross Pay(axb).
So I think it is very clear.
Please help. Any member can find out what's the problem on JOB1, please?
Yes, you can insert as many pages as you need - that was not the problem.Hardworking wrote: ↑Mon Jun 11, 2018 7:57 amThank you so much for senior member's insights.
Marcnath, I want to understand more before writing my AR. Could you tell me you said "Since it is clearly indicated that you should be using one table for each job" - please advise only can using one table for each job. I remember when I was filling the Form, the Form asked me can copy and insert pages!!
Yes, you can submit a new extension application with 14 days of your AR refusal. But I don't think you will need that.Hardworking wrote: ↑Mon Jun 11, 2018 7:57 am
Another question for the Worst scenario: if AR was failed, could I re-submit my T1 Ent Extension again (my last visa was expired!) or a new fresh T1 Application from zero?
This, unfortunately, I'll have to disagree with.Hardworking wrote: ↑Mon Jun 11, 2018 7:57 am
It is really unfair if HO refuse my AR due to 1 typo and using seperate sheets for same job, and disregard the actual facts, particularly all the pay-slips shown same job title, the RT FPS shown start and end date.
thank you
I would go for (5)Hardworking wrote: ↑Mon Jun 11, 2018 10:30 amMarcnath, thank you so much for your clarification. It really extremely helpful.
Thank you all the kind support from the forum.
I am going to write the AR. I found I have to select one reason below to ask for a review
(1) reached an incorrect decision that your supporting documents are not genuine
(2) reached an incorrect decision in relation to a previous breach of UK immigration law
(3) reached an incorrect decision that your application was submitted beyond the time limits of the Immigration Rules
(4) applied the Immigration Rules incorrectly
(5) failed to apply the Secretary of State's relevant published policy and guidance
(6) made an error in calculating the correct period of immigration leave wither held or to be granted
I am using the deduction method and think that my case may be (4) or (5). Please any insight from senior member?
Thank you