AR refused_Preaction protocol or Fresh application ?

[shine1234]

Dear All member,

I need urgent help in regards to my extension. HO refused my admin review.
Reason:
You are required to submit real time information documentation as required under under paragraph 46-SDhi. Whilst it is accepted you have further provided FPS submission receipts, these do not show the information required under paragraph 46-SDhi. On this basis, the hours you have claimed for your employees will be discounted and you will not be awarded points for job creation. As stated in your refusal you fail to satisfy paragraph 245DD as you fail to meet the requirement of paragraph 245DD and under appendix A.
(I had submitted docs including P60, P11, job contract, FPS receipts for all months, RTI series summery, EPS, accountant letter, spreadsheet of hours calculation.)

I met couple of solicitors one of them advising to do pre action protocol and make a fresh application as well at the same time. I am really confused at this state what shall i do ?

All experts your advise highly appreciated.

[awan905]

Strange decision, because on this forum another guy submitted the same info and got successful in the admin review.

[shine1234]

Hi Awan,

I think the raj one ? What shall i do now ? Shall i submit the preaction protocol or fresh application ? or Both at the same time ?

If i do fresh application, do i have to submit the management account till dated or the previous year Jan 2015-Jan 2016 will be fine ? as i am not going to claim any point for this years business activities.

[zimba]

You must submit FPS reports showing money and tax payments. There are many many topics on the same subject of the forum.

This is what 46-SD(h)(i) in the immigration rules:

(i) evidence to show the applicant is reporting Pay As You Earn (PAYE ) income tax appropriately to HM Revenue & Customs (HMRC), such as printouts of Employee Payment Records, Real Time-Full Payment Submissions (either a series of individual monthly submissions including the first submission or summaries), or original HM Revenue & Customs P45 or P46, which either together or individually show the total payments made to the settled workers, as well as the tax deducted and date which they started work with the applicant’s business;

The FPS reports are the ONLY documentation they accept that shows the information they require, not FPS receipts or P11 or whatever !!
I have repeated many times on this forum that NONE OF THESE ARE ACCEPTABLE EVIDENCE as they do not appear in the rules:
P60, P11, job contract, FPS receipts for all months, RTI series summery, EPS, accountant letter, spreadsheet of hours calculation.

This has been clarified in the upcoming rule changes too. (See: http://www.immigrationboards.com/uk-tie ... 19351.html)

[shine1234]

Zimba thanks for your reply. I have attached the FPS RTI here, can you please have a look into this hope i am going to submit the correct the one this time. I am trying to upload image but seems error in my pc or i dont know how to do it.

Can i submit pre-action protocol and fresh application at the same time ? I have meeting with solicitor tomorrow and he is advising to do both at the same time.

[zimba]

Acceptable FPS reports look something like this: http://www.moneysoft.co.uk/images/guide ... 55x604.png
And why is your solicitor advising you to apply for JR ?? Makes no sense !

[shine1234]

Zimba thanks for your prompt reply.
I have checked the fpsrti what i am going to submit this time it looks similar, in addition its shows total hours and hourly paid. However i missed last time.

Do i have to submit management account for this year as account is not due yet and i am not claiming any points for this year ? e.g. account filled till Feb 2016. Do i require for period Feb 2016 to till dated management account.

Thanks

[Ams2013]

Zimba thanks for your prompt reply.
I have checked the fpsrti what i am going to submit this time it looks similar, in addition its shows total hours and hourly paid. However i missed last time.

Do i have to submit management account for this year as account is not due yet and i am not claiming any points for this year ? e.g. account filled till Feb 2016. Do i require for period Feb 2016 to till dated management account.

Thanks

Hi Shine,

Did you have your interview in first extension application ?


Which Payroll software's FPS you submitted in refused application and what information has in your refused FPS.

[softwareluv]

Hi Shine1234,

Did you only submit submission receipts or included any details of employees, pay period, pay details etc?
I think after AR refusal, it is best to go for fresh application only without wasting time in JR but make sure you submit FPS with all details on them. HO wants to establish no of hours and rate from FPS I think so it is important to show clearly in FPS.

Also can I ask, when did you submit your AR and when did you receive decision on AR?
Did you receive decision by post or by email?

[shine1234]

Please refer my timeline as below:
Ext. applications sent: 14 April 2016
Bio. Given: 29th April 2016
Interview date: 9th July 2016
Refusel letter dated: 28th Sep 2016
Admin review on: 11th Oct 2016
ADMIN refusal letter dated: 11th Nov 2016
Received on 17th Nov 2016

Please be helpful to eachother to come out from this stressful phase of life.

[Ams2013]

Please refer my timeline as below:
Ext. applications sent: 14 April 2016
Bio. Given: 29th April 2016
Interview date: 9th July 2016
Refusel letter dated: 28th Sep 2016
Admin review on: 11th Oct 2016
ADMIN refusal letter dated: 11th Nov 2016
Received on 17th Nov 2016

Please be helpful to eachother to come out from this stressful phase of life.

This very unfortunate as after interview you were being refused , May You get success in fresh application.

Could you kindly share what information you sent in FPS in refused application ,was it only submission logs with submission date , time and submission ID and you did not send any other information of Employees and which software it was ?


For Fresh application , if you have already scored investment points in refused application then you don't need to send current management accounts as I suggest if your already scored investment point keep it simple and try to avoid any potential issue with new investment documents.

Kindly clear the FPS query.

[shine1234]

Thanks for your prompt response.

According to my timeline, can you please guide me what is the deadline for me to submit the fresh application?

Thanks

[softwareluv]

Thanks for your prompt response.

According to my timeline, can you please guide me what is the deadline for me to submit the fresh application?

Thanks

I believe it should be written in refusal letter, isnt it? It should be either 14 or 28 days. It should also say if it starts from the date of letter or date when you received it.

I would imagine it should be date when you received because they send it via 2nd class and there is no guarantee of when it will be delivered, you literally got it 6 days later. so I don't think it should be your fault.

[Ams2013]

Thanks for your prompt response.

According to my timeline, can you please guide me what is the deadline for me to submit the fresh application?

Thanks

It should be 28 days from date on letter AR refusal , 28 days as you receive AR refusal before 27 Nov when the rules will be changed for overstayer period .(please check with lawyers as well).

Could you answer the FPS query , if you submitted just FPS submission logs without any employees details and what was the format of those submitted FPS ?

[zimba]

Do i have to submit management account for this year as account is not due yet and i am not claiming any points for this year ? e.g. account filled till Feb 2016. Do i require for period Feb 2016 to till dated management account.

No

[shine1234]

Thanks all for your help. You guys are awesome .

Is there any guide in regards to calculate working hours ? FPS does shows hours for all employees would it be enough for case workers to awards the points ? Is there any particular document they want to see ?

I am going to submit following docs this time to claim job creation points:
- Accountant letter confirming my firm has created more than two full time jobs og 30 working hours a week at or above national minimum wage
- Payslips for all employees for period Feb 2015 to till dated (Two partime showing hours on payslip, one full time's showing amount as basic pay)
- Downloaded Online HMRC report showing tables for tax paid for last 3 year (Docs title: Current position, All real time information(RTI) tax payers )
- RTI Full payment submission (FPS) For period since job created Feb 2015 to till dated
- One report given by my accountant title: Internet Filling history report showing entries of on line FPS submission From Aug 2013. (colums on it: Date/FPS submission/ Employee id/Type/Sent/ IR Mark
-P60 (For year 2014-2015, 2015-2016) received from accountant
- P11
- All employees passport photocopies and NI card
- Employment contract

Please let me know if i am missing any docs or any above document needs any amendment. Your reply will be highly appreciated.

[zimba]

Is there any guide in regards to calculate working hours ? FPS does shows hours for all employees would it be enough for case workers to awards the points ? Is there any particular document they want to see ?

FPS report is required to show you are reporting PAYE and starting/leaving date. No relevance to hours.
To calculate your hourly rate for a employee you need to do this: Salary paid / total hours worked = hourly rate
Example: £20,000 per annum / (52 weeks a year x 30 hours work each week) = £12.8 hourly rate
You simply need to put this hourly rate on the form.

Acceptable required evidence:

- Payslips for all employees for period Feb 2015 to till dated (Two partime showing hours on payslip, one full time's showing amount as basic pay)
- RTI Full payment submission (FPS) For period since job created Feb 2015 to till dated (Should be FPS reports as explained above)
- All employees passport photocopies and NI card

Unacceptable evidence, you get NO points for these:

- Accountant letter confirming my firm has created more than two full time jobs og 30 working hours a week at or above national minimum wage
- Downloaded Online HMRC report showing tables for tax paid for last 3 year (Docs title: Current position, All real time information(RTI) tax payers )
- One report given by my accountant title: Internet Filling history report showing entries of on line FPS submission From Aug 2013. (colums on it: Date/FPS submission/ Employee id/Type/Sent/ IR Mark
-P60 (For year 2014-2015, 2015-2016) received from accountant
- P11
- Employment contract

[shine1234]

Thanks zimba for your prompt reply.
Hope i have enough docs to claim job creation points.
Do you consider that the case worker will award the points in my case ?
I want to upload my fps rti here any guidance how to do that ? i been trying by clicking image option but its not happening..

[Ams2013]

Hi Shine,

There is no FPS report which gives you hours worked , the most important thing which you should not miss is employees START DATE & TAX/NIC Payments rest are not mandatory.

Secondly, you have not answered my query which I am now asking for the Third time , would you be kind enough to tell what FPS format you sent in your first application , was them just submission receipts with time date and submission ID only and did you not send any employee information in FPS submitted previously ?

[shine1234]

Hi there,
With my previous application I had submitted the FPS RTI history from 2013 to 2016. It was on 3 piece of paper and i had also submitted tax and ni monthly report which doesn't show employees details but it had all the figures in regards to tax n NI plus there was 13 FPS submission receipts was received online when my accountant submit monthly FPS online.
Hope i have clarify your query.

[shine1234]

Dear seniors,

Any cover letter template ? I am making my fresh application and planning to submit cover letter including reason for refusal and with list of docs what i m going to submit. Please refer any thred already active on this or if someone can suggest any format.
Thanks

[zimba]

Thanks zimba for your prompt reply.
Hope i have enough docs to claim job creation points.
Do you consider that the case worker will award the points in my case ?
I want to upload my fps rti here any guidance how to do that ? i been trying by clicking image option but its not happening..

Your problem was that you did NOT send FPS reports. Assuming everything else is good, you should be fine.

Dear seniors,
Any cover letter template ? I am making my fresh application and planning to submit cover letter including reason for refusal and with list of docs what i m going to submit. Please refer any thred already active on this or if someone can suggest any format.
Thanks

There is no such template. I guess an entrepreneur should be able to write with ease.

[hamalt66]

Dear seniors,

Any cover letter template ? I am making my fresh application and planning to submit cover letter including reason for refusal and with list of docs what i m going to submit. Please refer any thred already active on this or if someone can suggest any format.
Thanks

Write exactly what you just said above ^^

[shine1234]

Dear all,
Just to update you, i have prepared my file and ready to submit for tomorrow. Hoping positive response from ukvi.
Thanks you all for your great support, you guys are star

[shine1234]

Dear Gurus,

Urgent query in regards to my fresh application form which i am going to post tomorrow. According to one of my friend's opinion i have to use the new application form if i am going to submit my file tomorrow.
I have tried to search for new form but couldn't find one, the last version of the form available is April 2016.

https://www.gov.uk/government/publicati ... trepreneur

The above link shows last updated on 23rd Nov 2016 but can not rectify the difference between two form (the one i filled up and this one)

Guys please advise urgently as i am going to submit my fresh application tomorrow and dont want to make any silly mistake as each application costing lots of money.