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I applied ILR on 5 millions turnover base and received refusal last week. I have 3 companies my first company which I start 3 years ago have gross turnover of £6.2m in 3 years my second company which start trading in aprail 2016 have £.5m turnover with 43 full time staff. My 3rd company start trading in December 16 and it's trading better then first and second company. My case worker I don't know what kind of calculater used and she made turnover only £4.5m. I submitted all my final accounts and complete record of vat returns, management accounts accountant letters etc. My case worker give me zero point for investment as she could not identify transactions from my personal to business account. Am on 50,000 scheme but before getting my first visa I invest more then 100k and in last 3 years I brought a lot more money and inject in business. My all companies are in profit from day first. Even I paid tax more then what was required to invest. Case worker also raise question why my name is not in front of director lan. Am the only director of all companies and on 2nd page of accounts is always is my name and the last page will be my signature. Zimba88 can you guide me pls what I should do now at the moment am in process of AR.

Malikwaheed wrote:I applied ILR on 5 millions turnover base and received refusal last week. I have 3 companies my first company which I start 3 years ago have gross turnover of £6.2m in 3 years my second company which start trading in aprail 2016 have £.5m turnover with 43 full time staff. My 3rd company start trading in December 16 and it's trading better then first and second company. My case worker I don't know what kind of calculater used and she made turnover only £4.5m. I submitted all my final accounts and complete record of vat returns, management accounts accountant letters etc. My case worker give me zero point for investment as she could not identify transactions from my personal to business account. Am on 50,000 scheme but before getting my first visa I invest more then 100k and in last 3 years I brought a lot more money and inject in business. My all companies are in profit from day first. Even I paid tax more then what was required to invest. Case worker also raise question why my name is not in front of director lan. Am the only director of all companies and on 2nd page of accounts is always is my name and the last page will be my signature. Zimba88 can you guide me pls what I should do now at the moment am in process of AR.

We are so sorry to hear that,
Your name does not appear in the notes in your annual accounts, is that right? or where?

In front of director loan. I spoke with many accounting firms they said we never seen the name of director in front of director loan and am single director and 100% shareholder of this company

Malikwaheed wrote:In front of director loan. I spoke with many accounting firms they said we never seen the name of director in front of director loan and am single director and 100% shareholder of this company

Immigration Rules say:
Your name has to be mentioned in annual accounts-notes-Director's loan. Otherwise they refuse your investment, you cannot argue for that, but you can make a new copy of your annual accounts, please read the thread:
uk-tier-1-entrepreneur-visas/annual-acc ... 08860.html
and you will understand.
Thanks,

Malik,

You have 2 issues for AR.

1. DL lack of name on accounts. Currently there are many fakers so HO have come up with minutia like this. I think ur strength for AR is 'all the other' investment u made (or made by others). I assume they are share capital so explain this.

2. £5m u should explain in AR that CW was wrong. With detial based on what -you submitted- (why did u not go for ten emoloyees?)

Question to experienced people am in AR process now if home office refuse again in AR then I option for JR if in worse case I loose in jR so can I send my fresh application for extension ???
2 in case of fresh application are we allowed to work as director or not??

The short answer is NO.
JR is outside the immigration rules and you will not be protected under section 3C.
If you apply in-time (before the expiry of your visa) then you are protected under section 3C until AR is concluded only.
When the AR is refused, your section 3C ends and you become an overstayer without ANY right to work in the UK. You can apply for a fresh application within 14 days of this. However If you choose to instead pursue JR and then 14 days are passed, you will not be bale to apply for ANY fresh application inside the UK any more as any application that is made after 14 days of becoming an overstayer will be automatically refused no matter what.

So it's mean I should be mentally ready to close all my businesss in few weeks am really disappointed with the way home office treat me i never thought my business will be on this much risk ever we have no protection at all.

Malikwaheed wrote:So it's mean I should be mentally ready to close all my businesss in few weeks am really disappointed with the way home office treat me i never thought my business will be on this much risk ever we have no protection at all.

No Malik, it doesnt mean you cannot re- apply but you must not go for JR instead go for a fresh application.

This simply means that while you are awaiting HO's decision on AR, be prepared to put in a fresh (second) application (not JR) within 14 days of AR's decision should it come back negative. Now you have the time to go and make the policy guidance your companion. Read it and understand all the requirements (especially your refusal points) and make sure that all the requirements are addresses in your second application.

It's unfortunate that Case Workers dont look at your turnover. They are following a decision tree and once there's a deviation, the application will be refused and sometimes they stop reviewing further. This is the reason why they usually include a caveat in the decision letter that they may need to review your second application all over again because that may also fail in other areas (especially out of date CAR &Maintenance fee bank statement and DL that doesnt meet all the 4 main requirements).

For short, try and get yourself prepared for a fresh application while awaiting AR's decision.

Make sure you follow the policy guidnace to the core and if your accountant(s) are not ready to do what you want/the policy guidance says, be prepared to switch.

I wish you all the best in your AR/second application (if it boils down to that).

Zimba88 what you reqmend she'll I go for again ilr application or extension ???

Malikwaheed wrote:Zimba88 what you reqmend she'll I go for again ilr application or extension ???

It does not matter as both have the same requirements for investment. You must show:

1- Money invested came directly from you in your business account
2- Your name appears opposite of the Director's loan in company accounts.

The item 2 can be fixed, however do you have evidence that money came from you directly ??

Thanks Zimba and all other for your advice zimba I have all money trail I received money in my personal account then I transferred to my business account in short before I got my 3 year visa I already invested 110 k in business and I submit all evidence with first application with highlighted bank statement but still case worker could not see transection in my both accounts
Can any body guide me if I send fresh application after AR and also can I apply For JR as my Soliciter is saying we can do both at same time??

Then that hopefully will be withdrawn in AR, you need to wait for the AR results.
For the item 2 and in case that is upheld, you simply need to amend the accounts and put your name in front of the DL amount for the fresh application.
See: uk-tier-1-entrepreneur-visas/annual-acc ... 08860.html

As I stated above your barrister is after your money and that is why he is pushing for JR. I would not recommend to pursue JR on case, particularly when your evidence did not show the information as required in the rules. You have pretty much no case in that situation.
JR is not some magic bullet for success, it is in fact challenging a public body like HO in the court by arguing that their actions were illegal.

zimba88 wrote:Then that hopefully will be withdrawn in AR, you need to wait for the AR results.
For the item 2 and in case that is upheld, you simply need to amend the accounts and put your name in front of the DL amount for the fresh application.
See: uk-tier-1-entrepreneur-visas/annual-acc ... 08860.html

As I stated above your barrister is after your money and that is why he is pushing for JR. I would not recommend to pursue JR on case, particularly when your evidence did not show the information as required in the rules. You have pretty much no case in that situation.
JR is not some magic bullet for success, it is in fact challenging a public body like HO in the court by arguing that their actions were illegal.

Sorry I have a questions about the JR process. If one submits a pre action protocol document 2 days after AR refusal. Can they still make a fresh application within the 14 day window?

Would they need to withdraw the Pre Action Protocol? or does the fresh application cancel it automatically?

annoyedatukba wrote:

zimba88 wrote:Then that hopefully will be withdrawn in AR, you need to wait for the AR results.
For the item 2 and in case that is upheld, you simply need to amend the accounts and put your name in front of the DL amount for the fresh application.
See: uk-tier-1-entrepreneur-visas/annual-acc ... 08860.html

As I stated above your barrister is after your money and that is why he is pushing for JR. I would not recommend to pursue JR on case, particularly when your evidence did not show the information as required in the rules. You have pretty much no case in that situation.
JR is not some magic bullet for success, it is in fact challenging a public body like HO in the court by arguing that their actions were illegal.

Sorry I have a questions about the JR process. If one submits a pre action protocol document 2 days after AR refusal. Can they still make a fresh application within the 14 day window?

Would they need to withdraw the Pre Action Protocol? or does the fresh application cancel it automatically?

can someone apply for fresh application after the PAP refusal or while PAP is in process ??

As I repeated several times, JR process HAS NOTHING TO DO WITH the immigration rules. Judicial review is to decide if a public body has acted ultra vires, outside the scope of their powers.
You can pursue a JR based on your refused application while apply for a fresh application in your 14 days window after AR is concluded. They are NOT linked !

zimba88 wrote:As I repeated several times, JR process HAS NOTHING TO DO WITH the immigration rules. Judicial review is to decide if a public body has acted ultra vires, outside the scope of their powers.
You can pursue a JR based on your refused application while apply for a fresh application in your 14 days window after AR is concluded. They are NOT linked !

Hi Zimba, many thanks once again for clarifying this point. Hope you've had a great weekend.

Zimba88 and seniors pls last help am preparing fresh applicatin application one of my Accountent reqmend me to increase share capital to 50,000 and what you guys are reqmending pls guide me

Malikwaheed wrote:Zimba88 and seniors pls last help am preparing fresh applicatin application one of my Accountent reqmend me to increase share capital to 50,000 and what you guys are reqmending pls guide me

I don't get this

Update on my AR today in morning I received a FAX from home office for more time will be taken on AR decision

Today I received my AR decision they remove all other aligation and kept only 1 turnover stating they could not find my management accounts after 31 may so they will ignore 6 month sale guys pls advise me what I should do she'll I submit fresh appplicatin in same category for ilr or go for extension??

It is up to you. If you are sure that ILR will be in reach and there is NO other reasons for refusal you can apply for ILR with the management accounts. If you are not quite so sure, go for extension

I could not find my today post Zimba can you advise me pls as my AR refused yesterday and they remove all other aligation and kept hold turnover case worker is stick with 4.5m because they could not find management accounts and vat returns Zimba and seniors she'll I apply again ilr or she'll I go for 2 year extension??

Malikwaheed wrote:I could not find my today post Zimba can you advise me pls as my AR refused yesterday and they remove all other aligation and kept hold turnover case worker is stick with 4.5m because they could not find management accounts and vat returns Zimba and seniors she'll I apply again ilr or she'll I go for 2 year extension??

it was merged with this long topic with you history. Do you not see it above zimba88's most recent post???

Zimba and seniors as for your guide am in process of fresh application and waiting for decision since 8 month. In my last application they award me 60 point total. 20 point for investment + 20 point for job creation + 20 point to engage with Business with in 6 month of getting visa . Guys what could be possible refusal reasons in my 2nd application so I can send further documents as they did not decide my application yet????.
Thanks