tier 1 entrepreneur extension 50k Refused

[punjabian3832]

Urgent Help Needed respected members I applied for tier 1 entrepreneur extension with one dependent I got the decision today and Home Office Refused the application My 10 years have also been completed as I came on 13th of September 2008 This is my first refusal and Home gave me a right to go for Admin Review My question is Can I apply for premium service or super premium service as my application is not pending now I have got the decision although it is refused. or should I go for AR because their point is very weak they refused because I did not provide a document which was not required in the guidance. I stricktly followed the guidance please advise what is the best option for me. Thanks in Advance

[amu123456789]

Hi
what was your timeline.
and yes its possible to go for admin review as something which is out of guidance has to be requested by home office so that you can post them as there are number of documents in tier 1 ent which u can send and applicant might miss out one which might not an imp doc.
my initial visa was refused coz of same reason and was overturned the decision as they refused something which was not imp and not in guidance so we went to admin and they overturned the decision in our favour.

[punjabian3832]

How long the whole process took I mean the Admin Review how long it takes for them to decide on Admin Review?

[punjabian3832]

My TimeLine is as follows :-

Application Posted 25.05.2018
Fee Deducted 01.06.2018
Biometric Given 05.06.2018
IHS Refund £200 02.08.2018
Got Refusal: 07.09.2018
so the whole process took 3 months and 13 days.

[punjabian3832]

Caseworker refused because I did not provide the Director's Loan Agreement. When I applied the valid Guidance was version 01/2018 which clearly said you must need to send Director's Loan if you made the Investment after 19 Nov 2015 While I made the Investment in 2014 that is why I did not send the Director's Loan Agreement case worker emailed me and asked for the document but I sent him the guidance and highlighted the same point. but he refused on the same point that I did not provide him with the Director's Loan Agreement.

[marcnath]

Caseworker refused because I did not provide the Director's Loan Agreement. When I applied the valid Guidance was version 01/2018 which clearly said you must need to send Director's Loan if you made the Investment after 19 Nov 2015 While I made the Investment in 2014 that is why I did not send the Director's Loan Agreement case worker emailed me and asked for the document but I sent him the guidance and highlighted the same point. but he refused on the same point that I did not provide him with the Director's Loan Agreement.

The requirement for Director's loan agreement has been there for ever.

The difference between investment before and after Nov 2015 is only for the bank statements that show transfer from personal to business account.

I have no idea where you got your interpretation from.

Submit a new application with the proper DLA or go for your 10 yr LR. You can only do postal and your application is considered pending until the AR time is over

[zimba]

Caseworker refused because I did not provide the Director's Loan Agreement. When I applied the valid Guidance was version 01/2018 which clearly said you must need to send Director's Loan if you made the Investment after 19 Nov 2015 While I made the Investment in 2014 that is why I did not send the Director's Loan Agreement case worker emailed me and asked for the document but I sent him the guidance and highlighted the same point. but he refused on the same point that I did not provide him with the Director's Loan Agreement.

Also your application will be assessed by the rules in place when application is made, not when you made the investment.
The requirement to send a DL agreement has been there since the very beginning

[amu123456789]

yes !! the admins are absolutely right.
the DL agreement has been the imp doc and is necessary to submit.
my case was refused initially just coz the caseworker saw my contracts with outsourcers was not dated with tenure(Eg:may 2016 - may 2018). he misinterpreted my contract although all the dates were mentioned which i highlighted for admin and i got approval within a week(was surprising).
just reapply if you wish to as you cannot argue with the error you did and might get rejected again if went for admin review, as caseworker gave you a chance before rejection.
Good Luck .

[punjabian3832]

Thank you so much admins please advise me on 1 point if I go for AR and it gets refuse in that case can I apply for ILR on the basis of Long Residence because on 13th of September 2018 my 10 years are completing I came to UK on 13 sept 2008. in case of AR rejection would I become overstayer or Can I make a fresh application in 14 days by post by premium service or super premium service?

[marcnath]

Thank you so much admins please advise me on 1 point if I go for AR and it gets refuse in that case can I apply for ILR on the basis of Long Residence because on 13th of September 2018 my 10 years are completing I came to UK on 13 sept 2008. in case of AR rejection would I become overstayer or Can I make a fresh application in 14 days by post by premium service or super premium service?

You can apply for ILR(LR) now since you can apply 28 days before you complete 10 years.

Whether you wait for AR result or apply now, you will be an overstayer. But that will not have an impact on your application.

You will have to apply by post and then write to them for permission to upgrade to a premium application

[intrusive]

If i was you I would have already applied for ILR. As ILR guidance clearly says u can apply before 28 days, i dont know why u didnt applied or varied your application?? it would have saved you a lot of money and stress.