Tier 1 Entrepreneur Extension refused due to not sufficient evidence for 2 job creation. HELP

[Hardworking]

I'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?

[marcnath]

I'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?

I can't see anything wrong.

How did you fill the Job Table in the application form ?

Looks like an error by the CW, so should get overturned in an AR

[Hardworking]

Is it possible to phone the CW to get the error clarify? Do anyone know the telephone number?

Did I miss some documents? How should I table each job created? Should I table the employee's hr rate, hr worked, gross pay by week rather than by month?

-----------------------------
Here is my Form

Sheet 1
Job number 1
Job title: Designer (full time)
Date post created: 19/01/2015

Name Start Date Start date End date Hourly rate Full-time Part-time
with your business paid
Name1 19/01/2015 19/01/2015 22/01/2015 7.1795 Yes
Name2 09/02/2015 09/02/2015 7.1795 Yes
09/05/2015 09/09/2015 7.4359 Yes
Sheet 2
Job number 1
Job title: Designer (full time)
Date post created: 19/01/2015

Name Start Date Start date End date Hourly rate Full-time Part-time
with your business paid
Name3 07/09/2015 07/09/2015 06/09/2015 7.4359 Yes

Sheet 3
Job number 2
Job title: Officer (full time)
Date post created: 17/07/2015

Name Start Date Start date End date Hourly rate Full-time Part-time
with your business paid
Name4 17/07/2015 17/07/2016 19/07/2016 8.4615 Yes

The Nationality of the employee for Job 1&2 includes Britain, Poland, and Potugual.

Sheet 4 & 5
Job number 3
Job title: Manager
Date post created: 25/04/2016
not to type all details as it is not yet a year

--------------------------------------
I must do something or didn't mention something that makes the CW has confusion. HELP please if anyone know how to contact the CW or anyone have some insights.

Many thanks

[mig2015]

Did I catch this correctly that you submitted two full-time jobs: Job 1 and Job 2, as well as an extra Job Position number 3, and this Job Position 3 were not for 12 months?

[Hardworking]

Yes extra Job 3 & 4 but they both were under 12 months.

[mig2015]

while it should not confuse a case worker, assuming they look into it carefully, it could have been the reason for their confusion. As far as I understand, there had been absolutely no need to put Job number 3 and 4 into your application. By doing that however, why not expecting a case worker to consider position 3 and position 4 as jobs you are claiming, ignoring Jobs 1 and 2 completely..

Did you explain this in your cover letter?

[Hardworking]

Yes, I have explain in covering letter for job 3 & 4 which are under 12 months but both are existed and current employee.

Do you think I miss any documents or I've enclosed error documents?

Thank you

[Hardworking]

HELP! 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

[sm12]

That's extremely harsh, especially if they saw your documents which cover the full period.
Did you submit any cover letter explaining the breakdown of the hours?

[marcnath]

HELP! 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

It could be the reason for the refusal.

But if so, it should be overturned easily in the AR.

Quote section 245AA(d)(iii), under which the CW should have used the evidentiary documents submitted to ask you for further documents or used discretion to approve.

You cannot contact CW directly by phone or otherwise

(d) If the applicant has submitted a specified document:
(i) in the wrong format; or
(ii) which is a copy and not an original document; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) the website of the organisation which issued the document; or
(3) the website of the appropriate regulatory body;
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.

[Hardworking]

Thank 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)

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)

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)


(con't next page)

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)


(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.

---------------------------
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?

[Hardworking]

Question in respect of the Reasons to ask for AR

I need to select a reason when I am applying for AR online. I don't know which one is for my case and what is the different of this two reasons?
(1) applied the Immigration Rules incorrectly
(2) failed to apply the Secretary of State's relevant published policy and guidance

thank you

[sm12]

There seems to be nothing wrong with the details, except maybe they didn't accept the SSP? You could argue against that though as this person was still your employee during this period.
Was anything else mentioned on the letter or was it only what you wrote in your first post?

[sm12]

There was a member here who was turned down due to SMP, but got it overturned in AR.
indefinite-leave-to-remain/tier-1-entre ... r#p1630028

Not sure if your case is related to SSP at all, but just in case it is, you can review the above thread for arguments that can be made against the decision.

[Hardworking]

The 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

[sm12]

The 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

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.

[sm12]

Also, from the reasons you've mentioned, it sounds like the CW said that overall you did not create two jobs, so it could just be that because he thought that job 2 did not meet the requirement, so overall you failed to meet the criteria of creating two jobs for 12 months. It does not necessarily mean that both jobs failed to meet the requirement. You should argue that from the supporting documents that you have provided and from your cover letter, it is clear that there was a small typo in the form, and that on the basis of evidential flexibility, the caseworker could have easily checked that you did in fact create two full-time jobs for 12 months each, or should have contacted your for clarification.

[sm12]

The 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

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.

Also, just to confirm- so you wanted to include employee 3 in job 1?
I think maybe the caseworker misunderstood this part, and did not realise that they were the same job. I think he must have thought you are combining two different jobs to make one full-time job, when the rule is that the full job should have lasted one year.
Now what you could do is explain that as there was no place in the table to add the details of the third employee, you added his/her details on a separate page, and that the third employee was in the same role and that it was not a different job that you were trying to combine with job 1, i.e. the employee on the different sheet was doing the same work as the employees in the first table on the first sheet and it was the same job for 12 months, and not a combination of jobs to meet points.

[marcnath]

Thank 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?

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.

But from what I have seen in these forums, they do tend to take into account the additional explanations when you do an AR, which is why I rate the chances still better than 50%

[Hardworking]

Thank 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!!

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?

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

[marcnath]

Thank 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 insert as many pages as you need - that was not the problem.
The problem was that you split one Job into two. Even the paper form has 4 rows in one job table, but it looked like you used three rows and added the last one in a totally new table. In fact, you could have added as many rows as you needed in the same table.

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?

Yes, you can submit a new extension application with 14 days of your AR refusal. But I don't think you will need that.

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

This, unfortunately, I'll have to disagree with.
In fact, there was a recent case where an applicant had two jobs with the same job title (Cashier) that was refused as the CW said only 1 job was created. Fortunately, that was overturned in an AR.
I appreciate that we all want the CW to consider all the possibilities and choose the one that works most favourably for us and that would be a great. But it is unfair to ask them to do that and more subject to mistakes.

The AR gives an opportunity to tell the CW what exactly you intended and I suspect they are fair and will accept it.

[Hardworking]

Marcnath, 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

[marcnath]

Marcnath, 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

I would go for (5)