Extension Refused - Document Lost at HO !!??

[shapoorkhan]

Hi everyone,

I have been notified that my extension application for tier 1 entrepreneur has been refused based on the grounds that I have failed to provide evidence that employment was created for settled workers and they have referred to section 192 of the policy guidance;

You must provide documents which show that the employment was created for settled workers, such as the biometric data page of a passport containing the photograph and personal details of the employee, and where the worker is an overseas national, a copy of any UK Government stamp or endorsement within the passport, or the employees full birth certificate, showing the name of at least one parent.

Now I'm 100% sure that I have sent photocopies of the first page my employees passports (all British, not even EU national)

Only thing that I'm guessing is that maybe they have lost these photocopies somehow.

Now I have two issues here :

1. How to prove that I have supplied them with my documents when I send request of AR ?

2. I applied while I was in my 28 days grace period and now that I have been refused I don't know if I count as an overstayer or not ?

I appreciate your helps and opinions in advance.

[Mrchaany]

Sorry for refusal
If u sent them I agree they may lost.
Only covering letter u can prove that you have enclosed employee passport and biometric copies.

[helpingperson]

Did you send any covering letter stating list of documents? Did you mention anywhere about employees passport copies such on application form?

If yes, then I think it goes in your favour and you can explain in AR, I assume this is only reason for refusal for which you have evidence so decision should be made in your favour. There is no reason why you would not send such basic document which is required by HO so I think your chances are strong.

What you mean by you were in your 28 days grace period? What exactly is this?

Thank you.

[sm12]

When did your visa expire and when did you apply?

Did you mention anywhere on your form that you were sending the passport copies?
If yes, they could have contacted you to ask for it if it was the only issue. I think you should apply for AR clearly indicating you did send passport copy and say that you can send again if needed.

[sm12]

Was there any other reason given by them?

[shapoorkhan]

Did you send any covering letter stating list of documents? Did you mention anywhere about employees passport copies such on application form?

If yes, then I think it goes in your favour and you can explain in AR, I assume this is only reason for refusal for which you have evidence so decision should be made in your favour. There is no reason why you would not send such basic document which is required by HO so I think your chances are strong.

Hi helping person. I didn't send a covering letter but in the checklist section of the application form I have mentioned that I have included passport copies. Could this be sufficient to refer to the checklist on application form and resend the passport copies ?

What if they still don't accept this ? Can I take this to court ?

What you mean by you were in your 28 days grace period? What exactly is this?

Thank you.

my visa expired on 18/03 and I applied on 04/04. By the new immigration rules you get 28 days to apply after your visa has expired. But now that I have been refused and my visa expired on 18/03 I don't know if I'm an overstayer now or not.

Thanks for your help every body

[shapoorkhan]

When did your visa expire and when did you apply?

Did you mention anywhere on your form that you were sending the passport copies?
If yes, they could have contacted you to ask for it if it was the only issue. I think you should apply for AR clearly indicating you did send passport copy and say that you can send again if needed.

Exactly that's what I'm wondering about.

They should have checked my checklist on the application form and contacted me if they could not find the passport copies for any reason ?

Otherwise, this is really stupid they can easily lose your documents and refuse you if they want !!!

[Mrchaany]

Again
This is unique and never heard about this case. I can easily refer your application checklist during your AR.
Second u are not overstay because ukvi did not mentioned in your refusal letter.
Regards
Ik

[sm12]

I have heard of a similar case but that was when appeals were allowed. You should go for AR referring to the form where you clearly pointed out what documents were included.

[Mrchaany]

Sm12 please can u refer that case which u heard
And please cope the link and paste it here in ur comments
Please don't spread wrong informations if your are not able to refer then your comments is not true

[sm12]

The case was for tier one general and was a while ago. I'm not taking about this site.
If you think it's "wrong info" then feel free to ignore me. I was simply saying that I have heard of a case where this kind of problem arose. It doesn't matter whether you believe it or not.

[Mrchaany]

Tier 1 general there is no requirement to show Employee passport copies or anything.
second we are here to get help and don't use wrong information.
the OP is looking for help and if you refer some information you need to provide source and dont just spread wrong information.

we using this forum for ages and gained a lot of knowledge and ready to help if we know the precise answer

regards
IK

[sm12]

Tier 1 general there is no requirement to show Employee passport copies or anything.
second we are here to get help and don't use wrong information.
the OP is looking for help and if you refer some information you need to provide source and dont just spread wrong information.

we using this forum for ages and gained a lot of knowledge and ready to help if we know the precise answer

regards
IK

I never said that person had passport copies lost at HO! He had a different document lost which he believes was misplaced by them. It was a language document.

[sm12]

Did you go for reapplication