Wrong Interpretation of law by HomeOffice or wrong app?

[T1EAccelerated]

Dear All,

Need some urgent input from the seniors and others.

Here is my case history:

Applied for Tier 1 Entrepreneur in July 2012, Granted entry in August 2012.
Entered UK in Sep 2012.
Visa Valid Until Dec 2012.

Aug 2015, Eligible for ILR based on Tier 1 Entrepreneur Accelerated Route, and applied for ILR.

ILR Rejected due to some silly mistakes, like balance sheet not signed, so not admissible.

Spoke to many solicitor firms and took advice here on forum as well, was recommended for apply for an extension for the time being, and then apply for ILR thereafter, to save the risk of overstaying.

Applied for Extension in Jan 2016, and got extension within 15 days.

Applied for ILR Again on accelerated route in Jan 2016 itself, and recently got the refusal decision from home office.


The refusal states,

With regards to Row 3 of Table 6 Above, you are required to demonstrate that you have created the equivalent of 2 full time jobs for persons settled in UK and that these jobs have existed for atlas 12 months during the last period of leave granted to you as Tier 1 Entrepreneur Migrant.

you have claimed points for job creation for the following employees:


Employee 1
Employee 2
Employee 3
Employee 4
Employee 5
Employee 6
etc etc



All your employees have has their hours discounted from the hours of employment claimed as they existed prior to your last grant of leave which started on ___ Jan 2016 and also therefore did not exist for 12 months during that last grant of leave.

Insufficient evidence was provided to demonstrate that you have created 2 full time jobs that have existed for 12 months during the last grant of leave.

You have therefore been awarded 0 points under Row 3 of Table 6 of Appendix A of the immigration rules with regards to job creation.




I was awarded rest if 55 points except the 20 points for the reason mentioned above.



My understanding was as follows:


We applied on Accelerated route based on the original grant of leave granted in 2012, if the above mentioned was the case, they could have rejected the application as invalid, as if they needed 12 months of employment after Jab 2016, and i filed for ILR in Feb 2016, it can never be 12 months of Job creation in that period, the application was therefore invalid and should have been returned to me shortly, to determine this, they took nearly 10 months.


I have been given the rights of administrative review, and in touch with few solicitors, everyone has different opinion, some of them asking me to challenge this decision, while other recommending to file another ILR application in Jan 2017 (when i have completed 12 months of employment again), just to mention, i have about 6 employees working for me from last years, all British and settled.

It looks very unfair how this application has been dealt by home office, is there a way i can challenge this decision.

Look forward for an expert opinion on the same.