T1E extension refused . Need advise for AR

[dwchoi1212]

Did you submit the original letter from the bank abroad showing funds in your account and are readily available which you showed during your initial application?

Not this time. It was submitted for the initial application 3 and half years ago.

[dwchoi1212]

I am going to submit AR today. Is it only by online?

[rajbhanu300]

I think, if you have submitted that letter which you submitted during yr initial application, you would have strong reason to defend yourself as it clearly proves that the money was yours and the same has been transferred.

[dwchoi1212]

Sorry to here that ..

Could you please update your timeline (application date and decision date) and the route (50k or 200k) ?

200k
20/10/2016 Applied
9 weeks : IHS partial refund ==> gave me a false hope
12 weeks + 5 days : Refusal received

[dwchoi1212]

By following Accounting standard it is possible to change Director's Equity position from Director Loan to Share Capital, however, that is not how it works in the world of immigration rules!

Immigration Rules required the Investment to be made during the initial period and changing the Equity position from DL to SC won't be acceptable now as the applicant has to submit a statement of confirmation to issue the additional required number of shares in current date as he can't issue the shares in past date!

Agreed to ukbiz,

Instead OP can go to fulfill the requirement DL(50k) by investing required funds during AR process.If its for trying why not this?

HO already have the reason for refusal.DL to SC might be a blunder.

Can you explain your suggestion a bit more please? I couldn't understand it.

[Jazz2007]

By following Accounting standard it is possible to change Director's Equity position from Director Loan to Share Capital, however, that is not how it works in the world of immigration rules!

Immigration Rules required the Investment to be made during the initial period and changing the Equity position from DL to SC won't be acceptable now as the applicant has to submit a statement of confirmation to issue the additional required number of shares in current date as he can't issue the shares in past date!

Agreed to ukbiz,

Instead OP can go to fulfill the requirement DL(50k) by investing required funds during AR process.If its for trying why not this?

HO already have the reason for refusal. DL to SC might be a blunder.

Can you explain your suggestion a bit more please? I couldn't understand it.

If you have transferred full or part investment into the business account through your wife's account, You can reinvest those funds from your Personal Bank account and submit fresh application in case of AR refusal.

Although, Its not guaranteed that this fresh investment will count as your initial grant
of visa has expired.

If you choose Share Capital Investment as suggested by other members, Your application could be assessed with your old refusal and maybe followed by interview.

My suggestion is to stick to DL and try to invest from as suggested above.Maybe Caseworker will consider it.

Finally, In your case I don't want to give you false hope for your AR. Start preparing for Fresh application as HO require you to invest not your wife unless she is your Partner(Director).

[itpba]

I think you have failed to understand the HO requirements for investment. If the same money from wife account was transferred to your personal acc and then transferred to your business account would have been acceptable by HO but money has come from someone else ( ur wife) acc who is not applicant

[dwchoi1212]

After AR, for a fresh application, can I do it in UK? My visa has expired in Dec while waiting for the decision.

[rajbhanu300]

Have you applied for your AR?

[Aab1988]

Hi,

I am in a same boat like you ( some other investment issue)I have reinvested the money and applied for the fresh application, try to reinvest the money ASAP. I know one guy who has invested from his personal account also he bought fixture and fittings money went to the previous owner visa got refused he reinvested the money and got the visa within 7 weeks.

So I guess if he can get visa then why can't we

[dwchoi1212]

Hi,

I am in a same boat like you ( some other investment issue)I have reinvested the money and applied for the fresh application, try to reinvest the money ASAP. I know one guy who has invested from his personal account also he bought fixture and fittings money went to the previous owner visa got refused he reinvested the money and got the visa within 7 weeks.

So I guess if he can get visa then why can't we

Do they count the money transferred after refusal (I mean after expiry of the initial VISA) as a valid investment? You, then need accounts for this too?
For a fresh application, you needed to get new company Current Appointment Report + personal bank statements (for Maintenance). What else?

Do you need a letter from the bank showing that you are the signatory, again?

Do you need to do biometric check again at a postoffice?

[Aab1988]

Hi

you can reinvest in your existing company in which you have already shown the investment.I had applied within 28days after my admin review was refused now it's 14 days from 24th November to apply for a fresh application(please double confirm from senior members that you have 14 days for The fresh application after admin review). First I was thinking of going for pre action letter (JR)straight away after my admin review was refused but I found out someone has got the visa after reinvesting the money.

If you decide to go ahead with the fresh application make sure you mention everything regarding your previous investment in the covering letter along with the evidence and why you made this fresh investment also send the bank statement DL agreement latest accounts showing your name and investment etc for investment points and all other documents again to score for maintainance English etc as its a fresh application

I am not an expert but that's what I have done my application is still in process I might be wrong please also take advice from Zimba and other senior members before making any decision.

[dwchoi1212]

Hi

you can reinvest in your existing company in which you have already shown the investment.I had applied within 28days after my admin review was refused now it's 14 days from 24th November to apply for a fresh application(please double confirm from senior members that you have 14 days for The fresh application after admin review). First I was thinking of going for pre action letter (JR)straight away after my admin review was refused but I found out someone has got the visa after reinvesting the money.

If you decide to go ahead with the fresh application make sure you mention everything regarding your previous investment in the covering letter along with the evidence and why you made this fresh investment also send the bank statement DL agreement latest accounts showing your name and investment etc for investment points and all other documents again to score for maintainance English etc as its a fresh application

I am not an expert but that's what I have done my application is still in process I might be wrong please also take advice from Zimba and other senior members before making any decision.

Can seniors give some more advice regarding reinvestment and submitting a fresh application please?
I would like to know if some of documents held in HO can be used for the fresh application. Then what are they?
So far, I have been doing it for myself. Wonder if I need to have a solicitor for AR and a fresh application.

[zimba]

Investment must be done during initial visa time frame otherwise will not be accepted.
I suggest to rely only on original documents with HO for fresh application and send new copies for others.

[dwchoi1212]

Investment must be done during initial visa time frame otherwise will not be accepted.
I suggest to rely only on original documents with HO for fresh application and send new copies for others.

What about share capital option then?
Accountant said they can do it backdated in accounts.
What evidences do I need to submit for this? Only accounts or do I need bank statements too?
What about share record from company house? Obviously this record could not be backdated. Do I need to submit this?

[zimba]

I am not repeating myself as I already gave my views on this before on this thread. Read the guide if you need to know what they expect from you

[Meesha]

I think you should go for share capital if HO does not accept investment made after initial visa expiry. Your accountant will do it for u; convert DL into share capital, prepare new accounts, amend with companies house. About confirmation report you can ask companies house if required to be amended.
No business bank statements required for share capital but do provide one/two to secure points for business being in UK section.
You will need new CAR (within 90days requirement) and fresh personal bank statements for maintenance (within 31 days of application).
Good luck

Investment must be done during initial visa time frame otherwise will not be accepted.
I suggest to rely only on original documents with HO for fresh application and send new copies for others.

What about share capital option then?
Accountant said they can do it backdated in accounts.
What evidences do I need to submit for this? Only accounts or do I need bank statements too?
What about share record from company house? Obviously this record could not be backdated. Do I need to submit this?

[dwchoi1212]

I think you should go for share capital if HO does not accept investment made after initial visa expiry. Your accountant will do it for u; convert DL into share capital, prepare new accounts, amend with companies house. About confirmation report you can ask companies house if required to be amended.
No business bank statements required for share capital but do provide one/two to secure points for business being in UK section.
You will need new CAR (within 90days requirement) and fresh personal bank statements for maintenance (within 31 days of application).
Good luck

Wouldn't there be any tricky issue that HO might tackle? Would the be any date issue here on new accounts or companies house report?

[dwchoi1212]

Hi,

I am in a same boat like you ( some other investment issue)I have reinvested the money and applied for the fresh application, try to reinvest the money ASAP. I know one guy who has invested from his personal account also he bought fixture and fittings money went to the previous owner visa got refused he reinvested the money and got the visa within 7 weeks.

So I guess if he can get visa then why can't we

When did you apply for the fresh one? Expecting the result soon?

[Aab1988]

Hi

I applied mid of last month its my 2nd application so hopefully will hear soon from them I have seen ppl on this forum getting the decision in almost 2 months after making the fresh application but it all depends on HO. As soon as I hear anything from them I will let u know.

[dwchoi1212]

Hi

I applied mid of last month its my 2nd application so hopefully will hear soon from them I have seen ppl on this forum getting the decision in almost 2 months after making the fresh application but it all depends on HO. As soon as I hear anything from them I will let u know.

Do you have news yet regarding re-investment after initial period?

[Atif786]

The rules require you to transfer the money from your own account for DL. Alternative ways are NOT accepted.
I suggest to instead claim that you have invested via share capital, change the accounts, prepare the required documents and apply afresh

Hi Zimba, I hope you are well, i have a similar question, i transferred money in 2015 from my personal account to Business account , the 1st transactions was a bacs payment of 20k with reference director loan and it's showing in business account that 20k from ( My Name and payment Reference ) , next day i have made 2 payments of 20k and 10k but this time it was not bacs payment it was internal transfer from NAtwest Personal Account to Natwest Business account, now personal account shows only account number, money transferred to which is my business account number and Business Account Shows Payment received my personal account Number , so 2 transactions of 20k and 10 k not showing my name, however i can get a letter from bank stating that money was transferred on the said dates and account numbers of my personal and business account.
will that be fine or can case worker raise any issues as my name not appearing in the bank statements.
thanks in advance.

[zimba]

You are fine. Just supply the personal bank statements with the corresponding transactions, showing all the money came directly from you

[rajbhanu300]

Hi dwchoi1212,

Did you applied for your fresh application? and was it with new director loan(topping up investment funds) or with share capital?

[Digpal]

Hi,

I am in a same boat like you ( some other investment issue)I have reinvested the money and applied for the fresh application, try to reinvest the money ASAP. I know one guy who has invested from his personal account also he bought fixture and fittings money went to the previous owner visa got refused he reinvested the money and got the visa within 7 weeks.

So I guess if he can get visa then why can't we

Hi Aab1988,

Did you get any reply from home office regarding your application.
Also "dwchoi1212" please provide the update if possible.
Thanks