TIER 1 Extension Refused

[kashif7866]

Hello !

I applied for my Tier 1 Extension application, I missed and important document to scan and upload in the UKVCAS, I did upload the document after I had my biometric done on 8 July.

I received today the email that the document wont go to Home Office. Can anyone please let me know where to send the missing document so that It can be considered for the application I made?

Your response are highly appreciable.

Thanks

[marcnath]

Hello !

I applied for my Tier 1 Extension application, I missed and important document to scan and upload in the UKVCAS, I did upload the document after I had my biometric done on 8 July.

I received today the email that the document wont go to Home Office. Can anyone please let me know where to send the missing document so that It can be considered for the application I made?

Your response are highly appreciable.

Thanks

Send it by post to HO quoting your application reference number

[kashif7866]

Hello !

My Tier 1 extension was refused on the basis of Job creation, I had twon companies from which I have created the Job, below are the details:

Company 1 Job Creation :
Summary of Hours Done by Various Employees between 26/062017 till 31/01/2019


Employee Start Date End Date Hours

Employee 1 01/11/2016 01/01/2019 1542.30
Employee 2 01/01/2019 31/01/2019 20
----------------------------------
1562.30 hours

Above 2 employees hours were combined to make a total number of hours which are counted as equivalent 1 jobs of 1560 hours.


Employee Start Date End Date Hours

Employee 3 26/06/17 30/09/2017 67.30
Employee4 26/06/2017 30/09/2017 196
Employee 5 21/07/2017 30/09/2017 210.50
Employee 6 26/06/17 30/09/2017 145.20
Employee 7 06/07/2017 21/07/2017 173.30
Employee 8 06/07/2017 01/08/2017 27
Employee 9 14/07/2017 01/12/2019 197.35
Employee 10 14/07/2017 01/12/2018 131
Employee 11 06/10/2017 01/12/2018 336.50
Employee 12 01/01/2018 01/12/2018 115.40
--------------------------
For Job 2 1599.5 hours

Company 2

Two full time employee working from 01/02/2019 - 31/05/19. Applied for visa on 16 June,which is equal to 8 months of job considering one job.

Reson for refusal:
You have claimed points on the basis that you have created the equivalent of two new full-time paid jobs for people settled in the UK and that these jobs have each existed for at least 12 months.

Paragraph 49 and 50 of Appendix A of the Immigration Rules lists the specified requirements and evidence that is required to demonstrate the creation of jobs.

The evidence that you have submitted above is not acceptable because you have not demonstrated that you have created 2 full-time jobs.

None of your employee’s have worked for a period 12 months full time either individually or combined.

It is noted that you requested discretion is applied allowing you to show that you have created 3120 hours under the transitional arrangements however discretion has not been applied.

Even if discretion was applied the evidence you have provided does not show at least 3120 hours.

We have therefore been unable to award points for Attributes in accordance with Appendix A.

What should I do now ?

[marcnath]

I haven't done the calculation myself but it looks like HO has done that and concluded you don't meet the requirements.

You very well knew you did not meet it when you asked for discretion.

Total hours of employment is irrelevant in a Tier 1 application.

If you still had employees and you have met the requirement by now, you can submit a fresh application.

Otherwise, you will have to find another visa category to apply for (Tier 2, Innovator visa, Etc.)

[kashif7866]

Hello Marcnath !

Thanks for your reply, I did ask for discretion because Para 49 Appendix A point (g) If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.

Are we not allowed to add part time jobs to make one full time ?
I had multiple employee coming and going but throughout the period I had employees there still working part time in one company from 01/11/16 - 31/01/19 creating a total of 3161 hour

I had two full time employees working on Second company from 01/02/19 till 31/05/19 working 30 hours/week
making 1020 hours from this company, employees still there but the visa was applied on 16 June.

Does it looks like that all the hard work and effort I put in the business and creating jobs all has gone in vain and above all these dont matter ?

Thanks

[kashif7866]

Also Can you please guide me on 1 thing, If I reapply for extension again, For the two jobs concerned, can I show two jobs in my 2 different companies,

Comapny 1 = 1 Full time Job

Company 2 = 1 Full time job

I have been the single director through out whole period for my company.

And also after this refusal can I again re apply for extension ?

Your response is highly appreciable.

Thanks

[marcnath]

Hello Marcnath !

Thanks for your reply, I did ask for discretion because Para 49 Appendix A point (g) If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.

Are we not allowed to add part time jobs to make one full time ?
I had multiple employee coming and going but throughout the period I had employees there still working part time in one company from 01/11/16 - 31/01/19 creating a total of 3161 hour

I had two full time employees working on Second company from 01/02/19 till 31/05/19 working 30 hours/week
making 1020 hours from this company, employees still there but the visa was applied on 16 June.

Does it looks like that all the hard work and effort I put in the business and creating jobs all has gone in vain and above all these dont matter ?

Thanks

Of course you are allowed to add part time jobs to make one full time equivalent. That is the key word. It is not just the total hours. Your combination should still meet the requirements of 30 hrs/week for 52 weeks. And each part time job you use for combining has to have existed for 12 months itself.
From the information you have provided, it can't be determined whether you meet this or not.

Also Can you please guide me on 1 thing, If I reapply for extension again, For the two jobs concerned, can I show two jobs in my 2 different companies,

Comapny 1 = 1 Full time Job

Company 2 = 1 Full time job

I have been the single director through out whole period for my company.

And also after this refusal can I again re apply for extension ?

Your response is highly appreciable.

Thanks

Yes, you can use jobs from two separate companies if you were a director in both for the period you are claiming.
If your second application is refused, you can't apply again. You would have been an overstayer for the period of your second application processing which will be definitely more than the 14 days that is ignored

[kashif7866]

Hello Gurus !

I am planning to apply for the second application rather then going for Admin Review, I would request you to please advise me on the below query of the job creation

Employee A. Sales Manager

01 Aug 18 - 31 Aug 18. 130 hr
01 sep. 18 - 30 Sep 18. 130 hr
01 Oct 18 - 31 Oct 18. 130 hr

Employee A left the job on 1st nov and started again from 01 Feb 19 and also employee B started same day with the same job title for both(sales manager):

employee A. Employee B
01 Feb 19 - 28 Feb 19 130 hr. 130 hr
01 Mar 19 - 31 March 19. 130 hr. 130 hr
01 April 19 - 30 April 19. 130 hr. 130 hr
01 May 19.- 31 May 19. 130 hr. 130 hr
01 June 19 - 30 June 19. Left. 130 hr
01 July 19. - 31 July 19. Left. 130 hr

My question is the above calculation fit to make 1 full time job.
Your response is highly appreciable.

Thanks

[kashif7866]

Hello Gurus ! Sorry the above post look messy, I am writing again to make it look understanable:

I am planning to apply for the second application rather then going for Admin Review, I would request you to please advise me on the below query of the job creation

Employee A. Sales Manager
01 Aug 18 - 31 Aug 18 =130 hr
01 sep. 18 - 30 Sep 18 =130 hr
01 Oct 18 - 31 Oct 18 = 130 hr

Employee A left the job on 1st nov and started again from 01 Feb 19 and also employee B started same day with the same job title for both(sales manager):

01 Feb 19 - 28 Feb 19
Employees A = 130
Employee B = 130

01 Mar 19 -31 mar 19
Employee A = 130 hrs
Employee B = 130 Hrs

01 Apr19-30 Apr 19
Employee A = 130 hrs
Employee B = 130 Hrs

01 May 19 - 31 May19
Employee A = 130 hrs
Employee B = 130 Hrs

01 June 19-30 June 19
Employee A = Left
Employee B = 130 Hrs

01 July 19 - 31 July 19
Employee B = 130 hrs

Job Started on 01 Aug 18 and still continuing but if I apply for fresh application it will be counted till 31 July 19 and I believe it fulfils the criteria for JOB NEEDS TO EXIST FOR 12 MONTH.

Total number of hours worked by both the employees : 1690 Hrs
My question is, can I justify at-least one job for 1560 hours with the way above my employees have worked in this company?
Your response is highly appriciable.
Thanks

[marcnath]

Unfortunately not.
Since there was a period when both employees were working together, you will only be able to show 9 months, at the most.

If you don't have any other option, you can try arguing that the job existed for 12 months as you stated. You were unable to fill in due to lack of suitable candidates, for example.

Immigration rules only states that the Job must be existed for 12 months. It does not say that there has to be an employee occupying that job for the entire 12 months. However, the most logical interpretation is that an employee should be occupying it. But if this is your only option and you are ready to fight, discuss with a lawyer and see if this argument is something that can be made. In all probability, you will need to take it to court if you try this.

[kashif7866]

Hello Gurus !

Thanks for your prompt reply,

My visa expired on 16 JUne and came as a refusal on 6 AUg,

WIth the new application Can the jobs of

01 June19 -30 June 19
01 July 19 to 31july 19

can be counted if I make a new application today ?

Thanks

[marcnath]

Hello Gurus !

Thanks for your prompt reply,

My visa expired on 16 JUne and came as a refusal on 6 AUg,

WIth the new application Can the jobs of

01 June19 -30 June 19
01 July 19 to 31july 19

can be counted if I make a new application today ?

Thanks

Yes, it can. But that does not help you in this case.

[kashif7866]

Hello Marcnath !

I have applied for the administrative review for my refusal today.

As you mentioned earlier that even if the administrative review is refused I can still apply for a new application , if it is approved 3C willl continue else I would be a overstayer.

I would also like to bring to your notice that I have an open heart surgery on 21 Aug which is major heart surgery and requires a 3 month recovery period. In case I could not file a fresh application after the administrative review refused within 14 days, will I be an illegal citizen in this country?

Can I get some time based on exceptional circumstances to file a new application ? as my recovery would complete in 3 months from 21Aug19.

Do i need to inform the home office about my circumstance?

Please guide me to right way.

Thanks

[marcnath]

Hello Marcnath !

I have applied for the administrative review for my refusal today.

As you mentioned earlier that even if the administrative review is refused I can still apply for a new application , if it is approved 3C willl continue else I would be a overstayer.

I would also like to bring to your notice that I have an open heart surgery on 21 Aug which is major heart surgery and requires a 3 month recovery period. In case I could not file a fresh application after the administrative review refused within 14 days, will I be an illegal citizen in this country?

Can I get some time based on exceptional circumstances to file a new application ? as my recovery would complete in 3 months from 21Aug19.

Do i need to inform the home office about my circumstance?

Please guide me to right way.

Thanks

Sorry to hear about your surgery- Wishing you all the best and a speedy recovery.

Not sure what you mean by " if it is approved 3C willl continue". Once you lose 3C protection, there is no condition under which it can be reinstated. You will be an overstayer until the new/extension visa is granted.

Unfortunately, under the immigration rules, you will be an overstayer if your AR is refused. It does not matter whether you file a new application within 14 days or not.

However, if you don't file a new application within 14 days, any future application will be subject to automatic refusal as an out of time application.

There is nothing in the rules that gives allowance for the medical situation automatically. HO always has the authority to make exceptions and you can try to plead for that.

However, your better option will be to prepare an entirely new application before the surgery and have someone do the actual submission if the current application is refused. You should be having all the documents, etc. I know it may be impractical given your circumstance, but that is the best I can think of.

[kashif7866]

Hello Guru

Not sure what you mean by " if it is approved 3C willl continue". Once you lose 3C protection, there is no condition under which it can be reinstated. You will be an overstayer until the new/extension visa is granted.:

Do you mean if the fresh application is accepted then Also 3C is not restored?

IN case the fresh application is Tier 1 Extension and it get approved, will it be counted as 5 year route of Tier 1 extension?

Or if the fresh application is accepted, do the 10 year route will start from begining?

Please share your thoughts.

Thanks

[kashif7866]

Hello Guru

Not sure what you mean by " if it is approved 3C willl continue". Once you lose 3C protection, there is no condition under which it can be reinstated. You will be an overstayer until the new/extension visa is granted.:

Do you mean if the fresh application is accepted then Also 3C is not restored?

IN case the fresh application is Tier 1 Extension and it get approved, will it be counted as 5 year route of Tier 1 extension?

Or if the fresh application is accepted, do the 10 year route will start from begining?

Please share your thoughts.

Thanks

[marcnath]

Hello Guru

Not sure what you mean by " if it is approved 3C willl continue". Once you lose 3C protection, there is no condition under which it can be reinstated. You will be an overstayer until the new/extension visa is granted.:

Do you mean if the fresh application is accepted then Also 3C is not restored?

IN case the fresh application is Tier 1 Extension and it get approved, will it be counted as 5 year route of Tier 1 extension?

Or if the fresh application is accepted, do the 10 year route will start from begining?

Please share your thoughts.

Thanks

There is no provision of 3C to be restored - does not matter what the situation is.

If the fresh application is approved, all the time between (including the overstay) can be counted towards the 5 year route.

[kashif7866]

Hello Gurus !

My Tier extension has been approved today, it was the second application, the first one got refused to job creation. I am thankful to the advise given by the Gurus as I was able to rectify the error and managed to got the second application approved.

I would be again thankful if you can please advise me further:
I had my extension approved till Nov 2021, but my 10 years is completing on Jan 2021. What route should i go for settlement considering the fact that my first application for extension was refused, then the admin was refused and finally I got my visa approved in Second application?

Thanks
Regards

[marcnath]

Hello Gurus !

My Tier extension has been approved today, it was the second application, the first one got refused to job creation. I am thankful to the advise given by the Gurus as I was able to rectify the error and managed to got the second application approved.

I would be again thankful if you can please advise me further:
I had my extension approved till Nov 2021, but my 10 years is completing on Jan 2021. What route should i go for settlement considering the fact that my first application for extension was refused, then the admin was refused and finally I got my visa approved in Second application?

Thanks
Regards

Congratulations.

Your previous history should not have much of an impact.
10 year route is a lot easier from the paperwork point of view. However, if you have dependants, their 5 year clock gets reset, so using the 5 year route is better