Administrative Review Outside UK Tier-1 Ent Initial

[piercebody]

I am also in the same boat. got 95/95 ( Initial Tier 1).
Got refused due to the interviewers interpretation. Planning for AR and some people advised me to go for fresh application. If we don't do AR next time the CW will look at my application with the same suspicious look. 17 Years in the same business but still my answers are interpreted in the negative way.
Experts, please share your suggestions. Thanks.

[marcnath]

Always sorry to hear about refusals especially since I don't think HO/UKVI would be qualified to assess who is a genuine entrepreneur.
Having said that, seeing the number of cases in this forum where people seem to be jumping from T1E to 10 year LR, it is not surprising if HO is more strict on those close to a 10 year LR.
There are at least some people who look at T1E as the means of getting to 10 years and they effectively muddy the waters for all genuine applicants too.
To the specific question, I would always think you should try AR if you feel this is truly a misinterpretation. That is part of what AR is there for - to challenge any errors made by the CW. It is also the less expensive way of doing things.
But I don't think there is any impact of doing a fresh application without AR.

[piercebody]

But I don't think there is any impact of doing a fresh application without AR.
-- Thanks for clearing this issue as I am bit worried about this.
I have applied outside UK and have valid business connection with my dispatch center for last 5 years.(They have issued 10 year business visa also for me ). My only worry is they don't bother to look around the attached proof and simply decided based on a interpreter note.
If I travel again to UK through my Business visa will they raise any issue in entry point because of this refusal..? ( Refusal reason is under Immigration Rule 245DB (f)(h)).
I am asking this here because if any experts answer for this it may be helpful for others who are applying from outside UK. Thanks.

[marcnath]

But I don't think there is any impact of doing a fresh application without AR.
-- Thanks for clearing this issue as I am bit worried about this.
I have applied outside UK and have valid business connection with my dispatch center for last 5 years.(They have issued 10 year business visa also for me ). My only worry is they don't bother to look around the attached proof and simply decided based on a interpreter note.
If I travel again to UK through my Business visa will they raise any issue in entry point because of this refusal..? ( Refusal reason is under Immigration Rule 245DB (f)(h)).
I am asking this here because if any experts answer for this it may be helpful for others who are applying from outside UK. Thanks.

Ok. Your case is very different from the OP. Which is why it is a bad idea to tag to other people's post.
When you travel next, don't be surprised if you get additional scrutiny. But refusal of a visa under those reasons does not fall under an automatic entry refusal.
My daughter had her initial T4 refused due to a documentation error and for a couple of years she always had a couple of questions about that refusal at the entry point but was never refused entry.

[zimba]

Do NOT tag your questions on someone else's post. Your posts have been splitted into its own thread now

[Successlondon]

What is the reason for the refusal.

[piercebody]

What is the reason for the refusal.

Immigration Rule 245DB (f)(h).Basically they catch out few silly points in the tele interview and refused.
I am not trying to open any new business just expanding my existing business in UK. So they suspect my 17 years experience and based on the CW interpreter mistake refused my application.
Example: They said my SQMeter of my proposed premise is very small. Actually I am doing jewelry business and they dnt guess that one hand luggage space is enough to hold 200K of stock.
I am planning to file AR and if you guys know any experience on this please share. Thanks.

[CR001]

Immigration Rule 245DB (f)(h).

For anyone interested in this particular immigration rule.

245DB. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets those requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a)The applicant must not fall for refusal under the general grounds for refusal.
(b)The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
(c)The applicant must have a minimum of 10 points under paragraph 1 to 15 of Appendix B.
(d)The applicant must have a minimum of 10 points under paragraph 1 to 2 ofAppendix C.
(e) An applicant who has, or was last granted, leave as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
(f) Where the applicant is being assessed under Table 4 of Appendix A, the Entry Clearance Officer must be satisfied that:
(i) the applicant genuinely intends and is able to establish, take over or become a director of one or more businesses in the UK within the next six months;
(ii) the applicant genuinely intends to invest the money referred to in Table 4 of Appendix A in the business or businesses referred to in (i);
(iii) that the money referred to in Table 4 of Appendix A is genuinely available to the applicant, and will remain available to him until such time as it is spent for the purposes of his business or businesses;
(iv) if the applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in Table 4 of Appendix A into one or more genuine businesses in the UK;.
(v) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DC.
(g) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
(h) In making the assessment in (f), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:
(i)the evidence the applicant has submitted;
(ii)the viability and credibility of the source of the money referred to in Table 4 of Appendix A;
(iii)the viability and credibility of the applicant’s business plans and market research into their chosen business sector;
(iv)the applicant’s previous educational and business experience (or lack thereof);
(v) the applicant’s immigration history and previous activity in the UK; and
(vi)any other relevant information.

[CR001]

What is the reason for the refusal.

Immigration Rule 245DB (f)(h).Basically they catch out few silly points in the tele interview and refused.
I am not trying to open any new business just expanding my existing business in UK. So they suspect my 17 years experience and based on the CW interpreter mistake refused my application.
Example: They said my SQMeter of my proposed premise is very small. Actually I am doing jewelry business and they dnt guess that one hand luggage space is enough to hold 200K of stock.
I am planning to file AR and if you guys know any experience on this please share. Thanks.

Would be useful if you could post the exact refusal text taking out any personal information.

[piercebody]

What is the reason for the refusal.

Immigration Rule 245DB (f)(h).Basically they catch out few silly points in the tele interview and refused.
I am not trying to open any new business just expanding my existing business in UK. So they suspect my 17 years experience and based on the CW interpreter mistake refused my application.
Example: They said my SQMeter of my proposed premise is very small. Actually I am doing jewelry business and they dnt guess that one hand luggage space is enough to hold 200K of stock.
I am planning to file AR and if you guys know any experience on this please share. Thanks.

Would be useful if you could post the exact refusal text taking out any personal information.

Thanks for referring this here. The main reason is here.
(iii)the viability and credibility of the applicant’s business plans and market research into their chosen business sector;

I don't want to expose the content fully to avoid any legal issues until my visa is approved as this forum is very popular for the related visas.
But I can make it quite general
" Your premises is small and this does not seem plausible given your limited storage space.
This undermines the creditability and viability of your business plan."

This is main reason and finally they included 245Db (f) (h) FYI I got 95/95.
Any one gone through AR Process. Please share your experiences. Thanks

[piercebody]

My Kind advice to all specially in the interview.
"DONT ever use the word friend for any references/partners/clients even they are your very close friend".
Once they hear friend it means you are not doing anything and taking decision based on your friends.
My client is my friend. I said he is my friend and got an office nearer to my proposed premises.
All turned out in negative way. Actually I have asked him about the rent/security kind of doubts for the proposed premise. Hope this is one of the good point to take care in the interviews. Thanks.

[piercebody]

Dear All,
My first time visa got refused and going to file my AR soon. If the outcome of my AR is not positive I am planning to submit a fresh application. Can you please advise me which option is good.

Option1: Apply with the same document as previous application and just fix few points of the interview answers.
Option2: Open a company by visiting UK/online ( I have 10 year business visa) and submit with the company registration document. Will it add a value to my application or HO may think why I open the company prior to my Tier 1 Approval..??

Experts,Please share your suggestions. Thanks

[marcnath]

I don't believe registering a company is going to add any value. Anyone can open a company with a few 10s of GBP and I am sure CWs are aware of that.

[piercebody]

Thanks for your suggestion which I agree 100%.
I have started some marketing with the expectation of T1 Approval and my business started to getting few orders.So once I start ( with my British customer on partnership) my company I will see the some real bank transactions. So it will not look like a company with just only a name.

So my doubt here is even it not help my Tier 1 will it affect my fresh application in negative way..? I don't want to end up getting refusal because of this..?? as I see so many rules of immigration which I afraid it will back fire me. I have discussed this with few lawyers and most of their intention is to get a business out of my inquiry and process.
You have been very supportive to me and please share your ideas.
Thanks again.

[marcnath]

Thanks for your suggestion which I agree 100%.
I have started some marketing with the expectation of T1 Approval and my business started to getting few orders.So once I start ( with my British customer on partnership) my company I will see the some real bank transactions. So it will not look like a company with just only a name.

So my doubt here is even it not help my Tier 1 will it affect my fresh application in negative way..? I don't want to end up getting refusal because of this..?? as I see so many rules of immigration which I afraid it will back fire me. I have discussed this with few lawyers and most of their intention is to get a business out of my inquiry and process.
You have been very supportive to me and please share your ideas.
Thanks again.

What was the reason for your rejection ?

[piercebody]

The details are discussed here ( don't want to paste it here).
uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1566168

It is mainly refusal based on tele interview IR 245DB (f)(h)
Please check and suggest me. Thanks

[marcnath]

Why did you start a new post if you already have a thread going ?
Your best bet would be to go for AR and try to explain the misinterpretation.
If that is refused, then you can go for a fresh application.
If you already have orders and so on, then it makes sense to set up the company and show the business in your next application.

[piercebody]

Thank you so much I feel bit relieved now from all my speculations.
I am not the OP creator of the previous thread and I got so many warnings on posting some one's POST.
So I have created new post for my questions to avoid any other penalty.
( Admins Please excuse me as it is my first time using forums ( I only read) to write and ask. Thanks).

[piercebody]

I am about to submit my AR in a couple of days. I have searched all over the forums not found useful information for the outside UK AR process. I got the form to send via email and its guide notes.
Form to Submit
https://www.dropbox.com/s/m2ozr4wiosvxp ... 8.png?dl=0
Guide to Fill it
https://www.dropbox.com/s/661ifqur8cuna ... 3.png?dl=0

Do I need to fill the full refusal reasons and my explnation for the reason in the box..?
The box is small and even if I enter the refusal reason there is no place for my explanation.
Can I make a short title for the reason ( My reason is not listed in their general default reason) and enter my explnation in the box..
Can one of you please send me your suggestions..??
Thanks in advance.

[piercebody]

Finally I have submitted my AR yesterday and got an ack email from HO.
I will keep you updated if any new status. The reason I claimed an error from ECO's decision making process.
I don't know whether they will consider this as a valid point for AR.
Let us hope the best. Thanks for all your supports.

[piercebody]

Dear Mr ***
Administrative Review under the Points Based System (PBS)
You applied for entry clearance to the United Kingdom as a Tier 1 Entrepreneur under the Points Based System. Your application failed to meet the qualifying criteria and was refused on 16/11/2017. Your request for Administrative Review was received by this office on 11/12/2017.
I am writing to inform you that we are currently conducting further checks regarding your application and I will write to you again once these have been completed. I apologise for any inconvenience caused by the delay in sending you a substantive response.
Yours sincerely,
**
Administrative Reviewer

Can anyone please advice me the purpose of this email. Is it means that if further checks are clear will they turnaround the decision or it is a simply pro-forma template response to cover the delay.
Hope to get your ideas on this. Can I expect the result in 28 days or may take longer.?
Thanks.

[marcnath]

It appears to be a pretty standard letter. Nothing much to read into it.

[piercebody]

I got the below letter and replied with the business plan. Can you please suggest is this the usual way how the AR system works.? Do you predict anything out from this letter..?? 28 days crossed already. Do they give any expedite priority to my case.??
Thanks again for all your suggestions.

Administrative Review under the Points Based System (PBS)
I am writing further to my letter dated 28/12/2017 with regard to your request for an Administrative Review of the decision to refuse your application for a visa. I am sorry that the decision making centre has not retained copies of all the documents you submitted with your application. To enable me to consider the review request please would you re-submit the business plan you submitted in support of your original application. Please do so by sending scans by email to **** and write “for the urgent attention of ICQAT” in the subject line and the reference ****. I apologise for any inconvenience caused and for any delay to the processing of the review. Please respond within 7 days of this email. If we do not hear from you by then your review will be considered on the current documents.
Yours sincerely,
****
Administrative Reviewer

[marcnath]

Nothing other than that someone started looking at your application.

[piercebody]

Nothing other than that someone started looking at your application.

Thanks a lot for your quick as usual useful reply. I am sorry for keep asking for the predictions as this is my first time dealing with HO and any official visa procedures in direct.
Can I assume that my AR request crossed the dismissal stage to consider stage as there is no need for them to ask further information if they wanted to reject it in first look. They have asked me to mention "for the urgent attention of ICQAT" does it mean they may process quicker than the rest of the AR Requests in queue.
I cant plan (travel) anything due to their delay in response as one month is already over after my AR Request.
Please share if you have any views on this. Thanks again.