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From the guidance:
Assuming you posted the application and not sent it by courier, yes.
Your business doing bad has nothing to do with your extension application. So I don't understand why you were not confident about business and jobs - they are either genuine or they are not.Bigyou wrote: ↑Mon Nov 25, 2019 8:04 amThe reasons given was with genuiness of business, credibility of business and creation of job.
1. a. Genuiness: due to submission of incorrect information regarding turnover. Based on this information from the visit, its clear you dont have adequate understanding of financial matters of the business.
b. The lack of scope and limited scope of the services that you desribed at interview leads us to question the credibility of the contract you have provided in support of your application and described at interview.
2. Due to lack of evidence provided regarding client and no evidence being provided of the work hours of your current and previous employee. We have concerns whether your business has a genuine need and sizeable workload to justify recruitment of employees.
I have a dependent child who has lived over 7 years continuously here.
In his refusal they said considerations have been given to section 55 of the borders, citizens, and immigration Act 2009. ....
Stating that...
"In this particular case, it has been concluded that the need to maintain the intergrity of the immigration laws outweighs the possible effect on your children that might result from you and your children having to re-establish family life outside the UK".
It is an 11 page refusal and i could only type the important bits. Much of it was from the interview process.entrepreneurman1925 wrote: ↑Mon Nov 25, 2019 12:54 pmHi,
Can you give us a breakdown of the jobs/employees? (dates they were hired, weekly hours etc.).
It would be helpful if you posted the exact refusal wording especially about the jobs.
Thanks @marcnath. This make a lot of sense in arguing for the application. So if my son has lived here for 9 years, he is not guaranteed of a visa?marcnath wrote: ↑Thu Nov 28, 2019 3:39 pmYour business doing bad has nothing to do with your extension application. So I don't understand why you were not confident about business and jobs - they are either genuine or they are not.Bigyou wrote: ↑Mon Nov 25, 2019 8:04 amThe reasons given was with genuiness of business, credibility of business and creation of job.
1. a. Genuiness: due to submission of incorrect information regarding turnover. Based on this information from the visit, its clear you dont have adequate understanding of financial matters of the business.
b. The lack of scope and limited scope of the services that you desribed at interview leads us to question the credibility of the contract you have provided in support of your application and described at interview.
2. Due to lack of evidence provided regarding client and no evidence being provided of the work hours of your current and previous employee. We have concerns whether your business has a genuine need and sizeable workload to justify recruitment of employees.
I have a dependent child who has lived over 7 years continuously here.
In his refusal they said considerations have been given to section 55 of the borders, citizens, and immigration Act 2009. ....
Stating that...
"In this particular case, it has been concluded that the need to maintain the intergrity of the immigration laws outweighs the possible effect on your children that might result from you and your children having to re-establish family life outside the UK".
If they are genuine, you have to fight for it.
Having said that, to the refusal points you put up above:
1. Depending on what the incorrect info was and how far the financial figures were incorrect, you may have grounds to argue. A business owner does not need to know all figures accurately - that is what accountants are for. But it is expected that the entrepreneur understands the overall business and major figures.
2. Again difficult to say without having precise details, but HO shouldn't be the one deciding what the need of the business is. But if there is insufficient evidence of work done, that will be tough.
You can always apply for FLR (FP) on the basis of your child once the AR process is exhausted. But they seem to have already tried to address it in advance, so it is not something that you can be guaranteed of success
marcnath wrote: ↑Thu Nov 28, 2019 3:39 pmYour business doing bad has nothing to do with your extension application. So I don't understand why you were not confident about business and jobs - they are either genuine or they are not.Bigyou wrote: ↑Mon Nov 25, 2019 8:04 amThe reasons given was with genuiness of business, credibility of business and creation of job.
1. a. Genuiness: due to submission of incorrect information regarding turnover. Based on this information from the visit, its clear you dont have adequate understanding of financial matters of the business.
b. The lack of scope and limited scope of the services that you desribed at interview leads us to question the credibility of the contract you have provided in support of your application and described at interview.
2. Due to lack of evidence provided regarding client and no evidence being provided of the work hours of your current and previous employee. We have concerns whether your business has a genuine need and sizeable workload to justify recruitment of employees.
I have a dependent child who has lived over 7 years continuously here.
In his refusal they said considerations have been given to section 55 of the borders, citizens, and immigration Act 2009. ....
Stating that...
"In this particular case, it has been concluded that the need to maintain the intergrity of the immigration laws outweighs the possible effect on your children that might result from you and your children having to re-establish family life outside the UK".
If they are genuine, you have to fight for it.
Having said that, to the refusal points you put up above:
1. Depending on what the incorrect info was and how far the financial figures were incorrect, you may have grounds to argue. A business owner does not need to know all figures accurately - that is what accountants are for. But it is expected that the entrepreneur understands the overall business and major figures.
2. Again difficult to say without having precise details, but HO shouldn't be the one deciding what the need of the business is. But if there is insufficient evidence of work done, that will be tough.
You can always apply for FLR (FP) on the basis of your child once the AR process is exhausted. But they seem to have already tried to address it in advance, so it is not something that you can be guaranteed of success
Sorry to say there are no guarantees just because your son has lived here for 9 years.Bigyou wrote: ↑Sat Nov 30, 2019 12:17 pmThanks @marcnath. This make a lot of sense in arguing for the application. So if my son has lived here for 9 years, he is not guaranteed of a visa?marcnath wrote: ↑Thu Nov 28, 2019 3:39 pmYour business doing bad has nothing to do with your extension application. So I don't understand why you were not confident about business and jobs - they are either genuine or they are not.Bigyou wrote: ↑Mon Nov 25, 2019 8:04 amThe reasons given was with genuiness of business, credibility of business and creation of job.
1. a. Genuiness: due to submission of incorrect information regarding turnover. Based on this information from the visit, its clear you dont have adequate understanding of financial matters of the business.
b. The lack of scope and limited scope of the services that you desribed at interview leads us to question the credibility of the contract you have provided in support of your application and described at interview.
2. Due to lack of evidence provided regarding client and no evidence being provided of the work hours of your current and previous employee. We have concerns whether your business has a genuine need and sizeable workload to justify recruitment of employees.
I have a dependent child who has lived over 7 years continuously here.
In his refusal they said considerations have been given to section 55 of the borders, citizens, and immigration Act 2009. ....
Stating that...
"In this particular case, it has been concluded that the need to maintain the intergrity of the immigration laws outweighs the possible effect on your children that might result from you and your children having to re-establish family life outside the UK".
If they are genuine, you have to fight for it.
Having said that, to the refusal points you put up above:
1. Depending on what the incorrect info was and how far the financial figures were incorrect, you may have grounds to argue. A business owner does not need to know all figures accurately - that is what accountants are for. But it is expected that the entrepreneur understands the overall business and major figures.
2. Again difficult to say without having precise details, but HO shouldn't be the one deciding what the need of the business is. But if there is insufficient evidence of work done, that will be tough.
You can always apply for FLR (FP) on the basis of your child once the AR process is exhausted. But they seem to have already tried to address it in advance, so it is not something that you can be guaranteed of success
Is that what the clause in section 55 quoted means?
Thanks again
When you make a new application, the old one is considered withdrawn automatically - two immigration applications cannot exist at the same time. Once the new application is in, you become an overstayer. If the subsequent application is successful, then the overstay will be ignoredBigyou wrote: ↑Sat Dec 07, 2019 5:08 amHello all,
I am still in a dilemma. I have 2 options to apply with as i have applied for Administrative review and want to withdraw it before they make a decision.
a. to reapply as entrepreneur before AR is decided. What do i need to make a fresh application in this category? I already have point in other areas except genuiness of business and creation of job. Do i have to make a fresh application meeting all other criteria again or just addressing the points where i did not get point. Creation of job i had 2 staff up till march and 1 staff till August this year.
b. To reapply on basis of my son - assuming i put in for this and it is denied but i keep pushing for it to get me to the 10years route for indefinite will i be able to apply fir ILR in Nov?
Secondly, I have put in an AR but would desperately want to protect the 9 years. I want to withdraw the AR and put in one of this option above for my application. Will withdrawing the AR and putting in another application protect the 9 years i have already?
Please help!
I am sorry but I cannot advice you.