Urgent Help Please regarding Reentry Ban????

[joe12345]

Hi Zimba,

In Tier 1 Entrepreneur Visa Guidance, there is no paragraph 39E at all. But there are paragraph 39B

paragraph 39E has lot more restriction than mentioned in Tier 1 Entrepreneur Visa.

In this Tier 1 Entrepreneur Visa Guidance, they haven't given such higher level of restriction. It seems applicant can apply for Tier 1 Entrepreneur or its Extension n number of time as long as they apply within 14 calendar days of HO's decision for each application.

I think this is applicable only for Tier 1 Entrepreneur & Ext Visa

but paragraph 39E only applicable for other visas like SET(O), SET(LR), etc.,

If I am wrong, please correct me.

[joe12345]

Hi Zimba,

I found below overstayers restriction.

https://www.gov.uk/government/uploads/s ... ers-v7.pdf

It seems the restriction you mentioned paragraph 39E & 39D will apply for below:

The routes it covers are:
• all work and study, including the points-based system
• visitors
• long residency
• UK ancestry
• most discharged Her Majesty’s (HM) forces

It doesn't apply to entrepreneur I think.

[zimba]

huh ??? Tier 1E is a point based work visa. I think you want to believe that you can apply as long as you like.
The guide is simply a document to assist you to prepare your application. It is not a rule book. The ONLY reliable source is the immigration rules which governs the entire visa system!

[joe12345]

Hi Zimba

I may be wrong! This is my doubt

When i look policy guidance of Tier 1 E , Tier 1 Graduade Entrepreneur,

Overstayers restrictions are different.

Entreprenuer
https://www.gov.uk/government/uploads/s ... 1_2016.pdf

page 7

Graduate Ent
https://www.gov.uk/government/uploads/s ... 1_2016.pdf

page 30

invester
https://www.gov.uk/government/uploads/s ... 2_2016.pdf

page 5

Exceptional talent

https://www.gov.uk/government/uploads/s ... 2_2016.pdf

page 38

When I look policy guidance of Tier 4 visa

Overstayers restrictions are different

student
https://www.gov.uk/government/uploads/s ... r-2016.pdf

page 35

Tier 5 is also different

https://www.gov.uk/government/uploads/s ... y_2017.pdf

page 10

How all Tier 1 reads one kind text for overstayers and Tier 2, Tier 5, Tier 4 guidance are different ?

I find this difference. but if every one finds this difference does not mean one can apply many times for leave to remain in Tier 1 category, i will also believe the same.

So, I don't have any chance now to extend. I lost so much money in this country now & lost the business.

[zimba]

If you want to be sure apply for a new application

[Advisor]

ILR is refused because no audited/unaudited accounts submitted, incomplete company filing history and RTI information.

Tier 1 Extension is refused because eventhough unaudited account is submitted, no transfer of money £50k to business bank account; no RTI and finally not satisfied Maintenance.

Investment problem for Tier 1 Extension:

I transfered £20k from one business to self employed business (50-50 partnership cmpy). I have Unaudited account which shows my name and mentioned that I introduced £54k capital into business. Partner hasn't invested any money. I submitted Accounts' compilation report as well as from accountant. I mentioned I transfered £20k and rest £34k, I directly invested by cash. All are accounted and compiled in Unaudited account. I provided invoices also for £30k. I also submited partnership agreement.

Caseworker stated that in your business bank statemnets you have made a transfer from one of your othrt business of £20,000 into the business accounts. You have also stated you have invested by the way of putting cash into the same account but these were not listed as readily identifiable transactions on your bank statements. You have also provided invoices stating containing the information regarding the stock you have brought for your business unfortunately we are unable to count stock towards your investment into the company.

The documents you have supplied to demonstrate the above do not meet the requirements as specified under Appendix A of the Immigration Rules because we have not received sufficient evidence to show that you have investment £50,000.

Maintenance fund problem :

I maintained £2000 for 3 consecutive days in bank and remaining immediate 87 days I maintained £5000 in another bank account.

But the case worker took least amount maintained in both account separately lets £180 in one account and £300 in another account and added these two least amount. He says you maintained only 480 in 90 consecutive days and not awarded points.

Please help me urgently ! How to go for admin review and if admin review is unsuccessful, can i able to reapply for Tier 1 extension again ?

Sorry to hear about your case and unfortunately Home Office decision appears to be right. Your accountant should have advise you on investment. When I appointed my accountant we had a very brief initial meeting and he gave me all the information on how Home Office will assess my investment and how should I prove it. Having a good accountant is essential for the success of your case. You should have also read the Home Office guidance before applying for an extension. The Home Office doesn't accept the cash investment and that where you have a problem and your accountant should have advise you on this.

[businessmen aces]

If you want to be sure apply for a new application

Keep us posted about the result of new application may be we all get a Surprise

[joe12345]

Hi,

Please help me urgently.

1st application refused - 11 October 2016
1st refusal - 13 October 2016
Admin review applied - 26 October 2016
2nd application applied - 12th November 2016 (while admin review pending)
Admin review withdrawn - 22nd November 2016
2nd application refused - 30th January 2017

If I leave UK using volundary departure on 19th February 2017, is there any reentry ban for 1 year?

Can anyone please help me urgently please?

[zimba]

90 days when leaving voluntarily

[joe12345]

90 days when leaving voluntarily

Hi Zimba,

just to make sure, 90 days from which date?

Can I make fresh application from my home country after one month?

[zimba]

From the date of becoming an overstayer. That is 14 days after visa refusal if you do not apply for AR OR two working days after your AR is failed.
You an apply from home country for an initial application only. If you invested your funds more than 12 months ago, you need fresh 200K to apply.

[joe12345]

Hi Zimba,

Once I left UK, is it possible for my dependant to apply for Tier 4 Student visa from my country?

And also is it possible for me to apply for Tier 4 Dependant from my country?

[samaygrg]

Hi Zimba,

Once I left UK, is it possible for my dependant to apply for Tier 4 Student visa from my country?

And also is it possible for me to apply for Tier 4 Dependant from my country?

Yes of course, if there is 'no ban'.

[joe12345]

From the date of becoming an overstayer. That is 14 days after visa refusal if you do not apply for AR OR two working days after your AR is failed.
You an apply from home country for an initial application only. If you invested your funds more than 12 months ago, you need fresh 200K to apply.

Thanks Zimba & SAMAs

Can you please tell me in my example, from which date my overstaying period starts?

Because I am really confused. Is it start from 1st AR withdrawn which is 22nd November 2016 or from 2nd application refused on 30 Jan 2016?

[CR001]

If you withdrew your AR, then you are deemed an overstayer from when your visa expired or your were refused.

[zimba]

Section 3C guide: https://www.gov.uk/government/uploads/s ... ave_v7.pdf

[joe12345]

Hi Zimba,

I saw this guidance. Thank you.

I am leaving UK through voluntary departure. What they will do incase if there is 1 year reentry ban when i leave UK.

Will they give paperwork stating or conducting interview before I leave in case they ban for 1 year please?

Any previous experience please?