T1E extension refused. Advice needed.

[marcnath]

I now presume my faults are my misunderstanding to hours calculation, and that my account has put "creditor" instead of "director's loan" on the unaudited account.

I often read on this forum when someone think their Administration Review is very likely to fail, one option is to apply fresh application. May I ask does this means a fresh T1E or a fresh T1E extension? Should we send the application during the wait for AR decision or should we wait until the decision is received to not break my legal stay in UK?

I know it's better to ask these to solicitors, but at the moment, I guess a lot of them are almost going to close for holiday, so I get almost no replies from any solicitor firm... So it will be helpful if you can give me some experience so I can prepare for it. Much appreciated.

Creditor or Director's loan in the accounts does not matter. What matters is that your name should be there explicitly in the accounts.

A fresh application is just a repeat of the extension application with the maintenance funds updated and of course, errors corrected. Your legal stay will end on one of the following:
1. Date of refusal decision if you do not apply for AR
2. Date of refusal of AR, whenever that happens
3. You submit the new application

So your legal stay is not dependant on whether you go for AR or not. It will end, the only question is when it happens. Going for an AR gives you some more time to prepare the new application as the new application has to be made with 14 days of the end of legal stay.

But the more important question is how are you going to address the shortage of job creation ? Have the employees continued to work ?

[iveelu]

Hi members, I come back to update my AR result for T1E extension application.

My application for AR has succeeded, the Home Office also overturned the decision to refuse my application and now granted my leave to remain.

My solicitor made a very thorough cover letter to explain again how we meet the requirement for investment and job creation calculation. He also mentioned that there is no requirement that the jobs must be carried out concurrently or consecutively. Although there is still no clue how Home Office calculate job creation, at least this time it seems our employment in a whole met their requirement.

Updated timeline:
Extension applied: 22/OCT/2018
Fee deducted: 24/OCT/2018
BRP application: 02/NOV/2018
IHS refunded in full: No. (But my partner received this on 04/DEC/2018)
Refusal decision made(on the refusal letter): 04/DEC/2018
Refusal letter received: 13/DEC/2018
AR application: 20/DEC/2018
AR decision made(on the decision letter): 14/JAN/2019
Passport, documents and refusal letter received: 16/JAN/2019
Waiting for BRP.

Thank you for your comments and help. Good luck to everyone who need good news from Home Office.

[marcnath]

Congratulations.