50k Extension application refused

[zimba]

Hi Zimba and Gurus,

If (god forbid) but AR was refused, can I make a fresh extension application? I am originally PSW to T1 50k route. My solicitor says I cannot make a fresh application as this route is now closed - is this true?

You were a Tier 1E visa holder and you can apply for a fresh extension if you are refused. It is irrelevant you switched from PSW initially

[annoyedatukba]

Hi Zimba and Gurus,

If (god forbid) but AR was refused, can I make a fresh extension application? I am originally PSW to T1 50k route. My solicitor says I cannot make a fresh application as this route is now closed - is this true?

You were a Tier 1E visa holder and you can apply for a fresh extension if you are refused. It is irrelevant you switched from PSW initially

Hi Zimba,

That's what I thought, thanks for confirming this. My solicitor seems to think that because this route is now closed, I am not allowed to do that. I am glad that I could potentially have this option if required.

[annoyedatukba]

Hi Gurus and Guys,

I just received a letter that my AR has been refused.

I now have 14 days to either make a fresh application or to apply for JR. I am not sure which option is the better one. Barrister wants to go for JR.

I had scored full points for all categories except for employee creation because of the format of RTI FPS - is this something that I can potentially rectify? My payroll management company say this is the only format they can provide. Please advise.

Also I am worried about my reporting appointment on Friday at Beckett House. Can I be detained ?

[zimba]

I now have 14 days to either make a fresh application or to apply for JR. I am not sure which option is the better one. Barrister wants to go for JR.

Because he wants to charge you a lot of money for JR. Focus only in a fresh application for now.

I had scored full points for all categories except for employee creation because of the format of RTI FPS - is this something that I can potentially rectify? My payroll management company say this is the only format they can provide. Please advise.

Yes. The fix is easy.
See: uk-tier-1-entrepreneur-visas/manual-fps ... l#p1354039

Also I am worried about my reporting appointment on Friday at Beckett House. Can I be detained ?

No

[annoyedatukba]

I now have 14 days to either make a fresh application or to apply for JR. I am not sure which option is the better one. Barrister wants to go for JR.

Because he wants to charge you a lot of money for JR. Focus only in a fresh application for now.

I had scored full points for all categories except for employee creation because of the format of RTI FPS - is this something that I can potentially rectify? My payroll management company say this is the only format they can provide. Please advise.

Yes. The fix is easy.
See: uk-tier-1-entrepreneur-visas/manual-fps ... l#p1354039

Also I am worried about my reporting appointment on Friday at Beckett House. Can I be detained ?

No

Thank you Zimba as always for providing the information and the link to the software required by the home office.

If my fresh application is refused once again, will I still then have the possibility of AR and JR? I am just trying to asses my options because honestly with the home office you never know.

[zimba]

Yes, you get to apply for AR again if refused. JR is always an option anyway

[annoyedatukba]

Yes, you get to apply for AR again if refused. JR is always an option anyway

Thanks again for the invaluable information.

One last thing, I have been here since 2009, so I am 2 years away from ILR based on 10 year residency rule.

Now that my AR has been refused am I considered an overstayer ? Have I lost my long residency?

If I make a fresh application within the 14 days from AR refusal do I maintain my long residency?

[zimba]

If you apply for a fresh application within 14 days and that application is subsequently successful, your 10 year will remain intact

[annoyedatukba]

If you apply for a fresh application within 14 days and that application is subsequently successful, your 10 year will remain intact

Zimba, you are a godsend. Many thanks for the prompt reply.

I have already started to get things in motion. My 14 day period ends on Good Friday, so I want to get my extension in before that. I'll keep you posted and might come back with some more questions if I get stuck. Better safe than sorry.

[annoyedatukba]

You can make a fresh extension application within 14 days. The route is closed for new applications for the initial visa, not extension.

sm12 - thank you for confirming this. I am in the process of preparing a fresh application. I was awarded full points for all categories except for employee creation because of the RTI - I hope that using moneysoft.co.uk rectifies this issue.

[samaygrg]

You can make a fresh extension application within 14 days. The route is closed for new applications for the initial visa, not extension.

sm12 - thank you for confirming this. I am in the process of preparing a fresh application. I was awarded full points for all categories except for employee creation because of the RTI - I hope that using moneysoft.co.uk rectifies this issue.

All the best!!1

[annoyedatukba]

You can make a fresh extension application within 14 days. The route is closed for new applications for the initial visa, not extension.

sm12 - thank you for confirming this. I am in the process of preparing a fresh application. I was awarded full points for all categories except for employee creation because of the RTI - I hope that using moneysoft.co.uk rectifies this issue.

All the best!!1

Thank you, please send positive vibes my way. I will follow the instructions to the hilt! So does everyone that applies for this use moneysoft? or are there several platforms that can generate these reports?

[jafersadeq]

Hi guys,

Took your advice and started my own thread re this topic - I applied in December 2016 and got my refusal in Febuary 2017. Reason as follows:

"You have provided pay slips, FPS date and Historical payroll details (P11 and P32), however these do not meet the requirements of paragraph 46-SD(h)(i) and 46-SD(h)(iii) as these documents do not indicate the hourly rate of pay or the date that each employee started work."

I have indicated the hourly rate and the start dates of the employees on the actual application form. So the information is there, just not on in the way that they wanted it.

What are my chances at AR? Does this fall under evidential flexibility?

Gurus . your advice is urgently needed - thanks.

They refused you for FPS issue (Does not show the starting date of your employees), and the second issue was (Hourly Rate)
Could you please clarify that, you may be do it again,
Thanks

[annoyedatukba]

Dear Gurus,

Just got off the phone with my solicitor

He says that we will have to re submit the RTI FPS to HMRC again if we use Moneysoft, which will have tax implications. Because the T1 extension guidelines state that you need to submit to the Home office the same RTI FPS that you submit to HMRC . Is this correct?

Will they check them against the old RTI FPS (the ones the the home office didn't accept).

I do realise that I am using Moneysoft as a "hack" for lack of a better word, to generate the RTI FPS in the format required by the Home office and NOT to re submit again to HMRC.

Please advise.

[KAKA-MAG]

Dear Gurus,

Just got off the phone with my solicitor

He says that we will have to re submit the RTI FPS to HMRC again if we use Moneysoft, which will have tax implications. Because the T1 extension guidelines state that you need to submit to the Home office the same RTI FPS that you submit to HMRC . Is this correct?

Will they check them against the old RTI FPS (the ones the the home office didn't accept).

I do realise that I am using Moneysoft as a "hack" for lack of a better word, to generate the RTI FPS in the format required by the Home office and NOT to re submit again to HMRC.

Please advise.

HMRC System does not allow to submit RTI for tax 15-16, or before , , you only option you have submit Earlier year update , by using HMRC basic tools, then print out FPS report from moneysoft. Your FPS should match what you will you submit through earlier year update.

Tax year 16-17 you can submit revised FPS through moneysoft software. HMRC system will accept that , You only have time till 19-04-2017.

Good Luck

[jafersadeq]

Dear Gurus,

Just got off the phone with my solicitor

He says that we will have to re submit the RTI FPS to HMRC again if we use Moneysoft, which will have tax implications. Because the T1 extension guidelines state that you need to submit to the Home office the same RTI FPS that you submit to HMRC . Is this correct?

Will they check them against the old RTI FPS (the ones the the home office didn't accept).

I do realise that I am using Moneysoft as a "hack" for lack of a better word, to generate the RTI FPS in the format required by the Home office and NOT to re submit again to HMRC.

Please advise.

I ask you a question,
If you lost all data from your computer, and HMRC refused to provide you the data you submitted before, what will you do??
I tell you, you go to the nearest accountant and ask him to produce new reports..Is that right?
he will not re-submit it to HMRC, even if you ask him, because he knows that HMRC just receives tax, NI and the other deductions, no more..
What is the difference if you used moneysoft or sage, do you pay HMRC different payment? NO, you will say..same..
HO says" printout report, shows tax, NI, ...start date.." they did not say" it should be from a software we accept it, or it should be with a logo" , you need to show them "How much you paid each month for each employee".
Your solicitor does not know in accountancy works.
Ask a good accountant to produce FPS with SAME DATA SUBMITTED, in summary, to show tax, NI, deductions, start date, leave date,.. that's it.

[jafersadeq]

FYI, all FPSs do not show the software which produced it, look at your old FPS, does it contain a logo?
take all your old FPS and find another accountant to produce new reports, leave your solicitor, go to another one.

[annoyedatukba]

Dear Gurus,

Just got off the phone with my solicitor

He says that we will have to re submit the RTI FPS to HMRC again if we use Moneysoft, which will have tax implications. Because the T1 extension guidelines state that you need to submit to the Home office the same RTI FPS that you submit to HMRC . Is this correct?

Will they check them against the old RTI FPS (the ones the the home office didn't accept).

I do realise that I am using Moneysoft as a "hack" for lack of a better word, to generate the RTI FPS in the format required by the Home office and NOT to re submit again to HMRC.

Please advise.

Thank you for this.

No it does not show any logo at all. So basically what we need to do is generate the FPS RTI in a format that is accepted by the Home Office. This is accomplished via Moneysoft as Zimba pointed out earlier.
I ask you a question,
If you lost all data from your computer, and HMRC refused to provide you the data you submitted before, what will you do??
I tell you, you go to the nearest accountant and ask him to produce new reports..Is that right?
he will not re-submit it to HMRC, even if you ask him, because he knows that HMRC just receives tax, NI and the other deductions, no more..
What is the difference if you used moneysoft or sage, do you pay HMRC different payment? NO, you will say..same..
HO says" printout report, shows tax, NI, ...start date.." they did not say" it should be from a software we accept it, or it should be with a logo" , you need to show them "How much you paid each month for each employee".
Your solicitor does not know in accountancy works.
Ask a good accountant to produce FPS with SAME DATA SUBMITTED, in summary, to show tax, NI, deductions, start date, leave date,.. that's it.

[annoyedatukba]

FYI, all FPSs do not show the software which produced it, look at your old FPS, does it contain a logo?
take all your old FPS and find another accountant to produce new reports, leave your solicitor, go to another one.

Yes you definitely have a point there. Particularly about loosing the statements and generating new ones.

I am hoping that this Moneysoft hack does the trick.

[jafersadeq]

FYI,
HMRC duty is "receiving the correct data" and they put it in your record, you as an employer should have all those data, you can print those data on a plain black and white paper, I see many softwares produce FPS like an Excel format or word format, nothing shows it is from a software, easy to understand its contents,
FOCUS on those data,

And HO will calculate the sum of Tax,NI, Deductions, which is on your FPS, and they check your record with HMRC, they count it for each month, and they get a summation of that year, they will see the same data in your HMRC record, so you should be fine.
One of our friends in this forum called "itpba" did re-producing FPS and he got his visa.
I hope he can guide you for the correct way, ...
Many members if they get their visa extension they leave this forum, and they come back when they face problems, and most of silent members take information and do not give even one information,, they prefer to buy and do not sell,,,many many of them sees the forum everyday and he does not have an account, when he faces a problem,,, suddenly you see a new member his extension application refused, and he asks Zimba88 to help him,,he goes direct to a known moderator,, we are here to help each other,,, we do not have to be selfish,,, the moderators here are helping us and they guide us,, they are our guiders here, without them we are blinds.

Good luck

[annoyedatukba]

FYI,
HMRC duty is "receiving the correct data" and they put it in your record, you as an employer should have all those data, you can print those data on a plain black and white paper, I see many softwares produce FPS like an Excel format or word format, nothing shows it is from a software, easy to understand its contents,
FOCUS on those data,

And HO will calculate the sum of Tax,NI, Deductions, which is on your FPS, and they check your record with HMRC, they count it for each month, and they get a summation of that year, they will see the same data in your HMRC record, so you should be fine.
One of our friends in this forum called "itpba" did re-producing FPS and he got his visa.
I hope he can guide you for the correct way, ...
Many members if they get their visa extension they leave this forum, and they come back when they face problems, and most of silent members take information and do not give even one information,, they prefer to buy and do not sell,,,many many of them sees the forum everyday and he does not have an account, when he faces a problem,,, suddenly you see a new member his extension application refused, and he asks Zimba88 to help him,,he goes direct to a known moderator,, we are here to help each other,,, we do not have to be selfish,,, the moderators here are helping us and they guide us,, they are our guiders here, without them we are blinds.

Good luck

Jafersadeq,

Thank you very much for this information and confirming that "itpba" managed to reproduce and get it. I am trying to search for that thread and I am unable to get find. Would appreciate if you could send me the link.

Also my solicitor came came with this "We are not able to include hours worked or changes in the hourly rate however we will be able to show an individual breakdown in the FPS.

We have talked to other leading barristers who state that they have used additional evidence from the accountant to confirm the missing information on the hourly rate. Apart from that, we are able to include everything else in the FPS"

Would that work you think? or would the hours worked / changes in hourly rate need to be included too?

[CR001]

Thank you very much for this information and confirming that "itpba" managed to reproduce and get it. I am trying to search for that thread and I am unable to get find. Would appreciate if you could send me the link.

uk-tier-1-entrepreneur-visas/extension- ... a#p1431290

[annoyedatukba]

Thank you very much for this information and confirming that "itpba" managed to reproduce and get it. I am trying to search for that thread and I am unable to get find. Would appreciate if you could send me the link.

uk-tier-1-entrepreneur-visas/extension- ... a#p1431290

Thank you for sending this through. I managed to find the RTI FPS thread through it.

[jafersadeq]

RTI-FPS submission includes hours worked in a symbol "D" that means the hours worked were from 30 and over, it may be 30 or 35 , or 40 or 45..etc, and nothing about hourly rate in the RTI-FPS,
You have two options to show Hourly Rate:
1- In payslips
2-Accountant letter confirms that.
If you want to show hours worked in the FPS, it is possible, you can use a layout named (Hours worked) OR (Hourly Rate) to show these details in the FPS. But you do not need that, because they want to see another details on the FPS, such as tax, NI, deductions, start/leave date.
Re-produce your payslips if you wish to show Hourly Rate, or ask your accountant to write a letter.

[annoyedatukba]

RTI-FPS submission includes hours worked in a symbol "D" that means the hours worked were from 30 and over, it may be 30 or 35 , or 40 or 45..etc, and nothing about hourly rate in the RTI-FPS,
You have two options to show Hourly Rate:
1- In payslips
2-Accountant letter confirms that.
If you want to show hours worked in the FPS, it is possible, you can use a layout named (Hours worked) OR (Hourly Rate) to show these details in the FPS. But you do not need that, because they want to see another details on the FPS, such as tax, NI, deductions, start/leave date.
Re-produce your payslips if you wish to show Hourly Rate, or ask your accountant to write a letter.

Once again, than you very much for the invaluable information and insight that you are bringing to the table. I really appreciate all the help.

Once last thing, my accountant claims that there is no way to use moneysoft software to generate RTI FPS WITHOUT re submitting to HMRC - he says that the software is designed in a way where you can't move to the next month before you submit the current month to HMRC - is this correct? If so is there a way around it?