2nd Application refused after interview.

[nawzir]

Hi dear respected members and mentors

I am a silent member of the group. This is the first time I am looking for your kind advice regarding
My Tier 1 Ent 2nd Application which has been refused today after interview.
My 2nd application interview was conducted at my business place in April 2019
And almost after 8 months received refusal letter on 11th December 2019

Immigration History

1. I came to UK in end of Jan 2010 on Student visa
2. Having completed masters successfully. PSW visa was granted until 2014
3. Applied for Tier 1 within PSW visa and after interview T1E visa was granted in Jan 2015 for 3 years
4. Having completed 3 years on T1E, Applied for extension in end of 2017
5. Visa was refused based on Job creation and Investment (accountant mistake)
6. Went for AR, Visa refused again
7. Within 14 days of AR, submitted 2nd application in mid-2018.
8. had interview in April 2019
9. They refused 2nd Application again based on Investment and Job creation.

The question is my 10 years will be completing in Dec 2019
if I go for AR and submit it on last (14) day of AR. Date will be about 24th Dec.
And then Vary my application to SET(LR) during AR decision time?

Am I eligible to do that? Advise please. Thanks

[CR001]

You cannot vary to ilr from AR. You can only vary an immigration application that is pending and you don't have one pending.

You also likely don't have 10 years legal stay to qualify for ilr based on long residence as both your extension applications have been refused and you have no section 3c protection.

[nawzir]

Thanks CR001 for your kind and quickest response.

This is what my solicitor advised.

What other options can i have if you can advise please. I have applied with my wife and 3YO daughter as a dependant.

[marcnath]

Thanks CR001 for your kind and quickest response.

This is what my solicitor advised.

What other options can i have if you can advise please. I have applied with my wife and 3YO daughter as a dependant.

Unfortunately not too much.

I am surprised the reasons from the refusal on both applications are the same - did you not correct the accountants mistake from the 1st time ?

I get the impression from your reply that you think the refusal is valid - and if that is the case, there really is no option.

[nawzir]

Hi Marcnath

Thanks for your kind response.

I will share my refusal letter and detailed response here later.

However i do not think the reason for refusal is right.

they did not award me points on 3 areas.

1st Investment
2nd Job creations
3rd Genuineness

Investment
in my 1st Application accountant used Creditors instead of Director loan in accounts
However, in my 2nd application we have amended as per rules and change it to Director Loans.
In my 2nd Application refusal they quoted wrong figure in letter for investment. also I informed them i have invested approx money figure on my equipment which was in front of them. But some of invoices were missing.


Job Creation in my 1st application i got refusal because accountant did not calculate hours as per rule only for 1 employee and for very 1st month.

In my 2nd Application, everything was fulfilled, Only they were not present during interview although i informed CO. they are out for their Marketing and Sales work. provided them time sheets. where they work in holidays as well. They said they did not take holidays.

Genuineness
I am a genuine ent from the same field and done the same field degree in which m doing my business.
they said i am not genuine. I have shown my website and all the portfolio at the time of interview. and handed them my marketing brochure.

Clients contracts and employee contracts have been provided. they did not ask for invoices.

They mentioned that i am the sole director of the company But i am not. its limited
we are 2 partners, He has never got his visa. Thanks

[marcnath]

Well if you are confident as above then your only option is to go to court. It is expensive so consult with a solicitor and decide