T1 Extension refused, employees hours, URGENT HELP PLEASE

[Faheemryk]

The law states :
Where your last grant of entry clearance or leave was as a Tier 1 (Entrepreneur) migrant, the jobs must have existed for at least 12 months during the period for which the most recent leave was granted.

Section 3C is not part of the period for which the most recent leave was granted.

Having looked at the other threads and reviewed the Immigration law text that states - "The leave is extended by virtue of this section... " I think the underlined statement above was not correct.

It seems logical that Section 3C, having extended the leave, can be considered to be part of the period of leave granted.

That should be a big relief of OP Faheemryk as the job creation points can be easily met.

I hope the maintenance fund has been left in the bank account for the period.

Hello Sir
From January 2017 to May 2017, Employees are still working, However their working hours are
Employee 2 50 hours per month
Employee 3 80 hours per month

for 5 Months.

Do you think I'd be able to meet requirements now ?

[marcnath]

Hello Sir
From January 2017 to May 2017, Employees are still working, However their working hours are
Employee 2 50 hours per month
Employee 3 80 hours per month

for 5 Months.

Do you think I'd be able to meet requirements now ?

Ignore the hours per month. Check the hours per week and count the number of weeks.

As long as you 104 weeks, each with 30 hours, you are ok.

[Faheemryk]

Hello Sir
From January 2017 to May 2017, Employees are still working, However their working hours are
Employee 2 50 hours per month
Employee 3 80 hours per month

for 5 Months.

Do you think I'd be able to meet requirements now ?

Ignore the hours per month. Check the hours per week and count the number of weeks.

As long as you 104 weeks, each with 30 hours, you are ok.

Thank you so much sir. I have spoke to an immigration consultant in city and he said the similar thing that you said yesterday, I can probably claim employment hours after my visa application and before refusal.

[Faheemryk]

What will be procedure for fresh application?
I know I have to get payroll documents, salary slips, FPS, RTI reports etc.
I need maintenance funds.

If I have these documents, then how I'll make fresh application ?

[Faheemryk]

Dear Gurus and members

What will be procedure for making fresh application?
I know I have to get documents to address refusal issue, in my case, these will be salary slips, fps and RTI etc.
I need maintenance funds.

If I have these documents, then how I'll make fresh application ?
Do I have to make a covering letter and explain all issues in that ?
Put a reference of my case ?

If you can tell me how to make a fresh application. I'd be grateful.

[zimba]

Posts merged. No need to start a new thread

[sm12]

Are you going for AR first?

Since the deadline for a fresh application is just 14 days after the decision is served, not sure if you have enough time to prepare all documents.

[Faheemryk]

Are you going for AR first?

Since the deadline for a fresh application is just 14 days after the decision is served, not sure if you have enough time to prepare all documents.

I dont want to go for admin review.
I want to go for fresh application.
My supporting documents are payroll slips, FPS RTI etc, which relate to refusal.

I also have maintenance funds bank statements ready.

What else I'd need ? please tell me .

[marcnath]

What will be procedure for fresh application?
I know I have to get payroll documents, salary slips, FPS, RTI reports etc.
I need maintenance funds.

If I have these documents, then how I'll make fresh application ?

You will make your fresh application exactly as you made your original application - same form, same documents, same payment, etc.
The only thing that is different is that you would refer to your original application for the documents that is still with HO. The form has a provision for that in many cases. If not, just refer to that in the cover letter.

[sm12]

Yes, all documents that you submitted for your first application, including investment related documents like accounts and director's loan agreement, business bank statements, current appointment report, tax registration or tax return, document to show you meet English level requirements, all employee related documents, etc.
The only thing that you don't have is the passport, which is already with them.

[Faheemryk]

Yes, all documents that you submitted for your first application, including investment related documents like accounts and director's loan agreement, business bank statements, current appointment report, tax registration or tax return, document to show you meet English level requirements, all employee related documents, etc.
The only thing that you don't have is the passport, which is already with them.

Thank you guys.
I can print form and fill it.
I can take accounts and accounting documents from my accountant.
There will be no changes to accounts because they have already awarded me points for investment. But do I need to prepare management accounts upto may 2017 ?
Last set of accounts that I submitted were upto 30-11-2016.
Employee hours will change because I am adding hours that employees worked during january 2017 to may 2017.
I have maintenance funds bank statement.

In covering letter, do I need to mention reference number of previous case ?

[marcnath]

Yes, all documents that you submitted for your first application, including investment related documents like accounts and director's loan agreement, business bank statements, current appointment report, tax registration or tax return, document to show you meet English level requirements, all employee related documents, etc.
The only thing that you don't have is the passport, which is already with them.

Thank you guys.
I can print form and fill it.
I can take accounts and accounting documents from my accountant.
There will be no changes to accounts because they have already awarded me points for investment. But do I need to prepare management accounts upto may 2017 ?
Last set of accounts that I submitted were upto 30-11-2016.
Employee hours will change because I am adding hours that employees worked during january 2017 to may 2017.
I have maintenance funds bank statement.

In covering letter, do I need to mention reference number of previous case ?

There is no need to submit additional accounts. Resubmit the same ones you did the first time as that was accepted.
Job creation evidence changes and you have to have a new maintenance fund statement as it has to be for the last 90 days.

[Faheemryk]

Yes, all documents that you submitted for your first application, including investment related documents like accounts and director's loan agreement, business bank statements, current appointment report, tax registration or tax return, document to show you meet English level requirements, all employee related documents, etc.
The only thing that you don't have is the passport, which is already with them.

Thank you guys.
I can print form and fill it.
I can take accounts and accounting documents from my accountant.
There will be no changes to accounts because they have already awarded me points for investment. But do I need to prepare management accounts upto may 2017 ?
Last set of accounts that I submitted were upto 30-11-2016.
Employee hours will change because I am adding hours that employees worked during january 2017 to may 2017.
I have maintenance funds bank statement.

In covering letter, do I need to mention reference number of previous case ?

There is no need to submit additional accounts. Resubmit the same ones you did the first time as that was accepted.
Job creation evidence changes and you have to have a new maintenance fund statement as it has to be for the last 90 days.

Do I need to send bank statements showing transfers from my personal account to my business account?
UKVI already awarded me points for investment.

I dont even have those bank statements. I have already sent originals to UKVI with my initial application.

I'll have to order duplicates, but do I really need to send them ?

[sm12]

You mean your business bank statements showing the funds coming from your personal account?
Yes, you will have to send every document all over again, because the caseworker will only look at the documents you send with this application. The documents sent earlier with the first application will not be considered, irrespective of having got the points in the first application.
So yes, you should obtain the duplicates.

[Faheemryk]

You mean your business bank statements showing the funds coming from your personal account?
Yes, you will have to send every document all over again, because the caseworker will only look at the documents you send with this application. The documents sent earlier with the first application will not be considered, irrespective of having got the points in the first application.
So yes, you should obtain the duplicates.

Thank you so much Sir. Much appreciated

[jobberman1]

You can refer to the original documents that are still with HO in your cover letter in your fresh application. Indicate the reference number of the previous application

[Faheemryk]

Thank you so much members.

I have contacted an immigration lawyer. He advised me to go for admin review so that we get get some time, not to win. During that time we'll prepare fresh application and file it with updated employment hours documents.

Is it a good option ?

[marcnath]

Thank you so much members.

I have contacted an immigration lawyer. He advised me to go for admin review so that we get get some time, not to win. During that time we'll prepare fresh application and file it with updated employment hours documents.

Is it a good option ?

I think someone here gave you that advice before.

Yes, if you need more time, that is the only option. But don't depend on it to give you too much time. They could turn around an AR rejection quite quickly

[Faheemryk]

Thank you so much members.

I have contacted an immigration lawyer. He advised me to go for admin review so that we get get some time, not to win. During that time we'll prepare fresh application and file it with updated employment hours documents.

Is it a good option ?

I think someone here gave you that advice before.

Yes, if you need more time, that is the only option. But don't depend on it to give you too much time. They could turn around an AR rejection quite quickly

Thank you Marcnath

[Faheemryk]

Solicitor told me that minimum hours worked by employee should be 15 per week in order to claim points for job creation. Is that true ????

One of my employee had been working for 12 hours per week and solicitor said we cannot claim points for that employee s working hours because it's less than 15 hours per week

[zimba]

Part time means anything less than 30 hours a week. You can add part time jobs to reach 30 hours a week mark as per rules.
Your solicitor does not even know anything about the Immigration rules Appendix A:

49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job, and may score points in Tables 5 and 6, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job. If jobs are being combined, the employees being relied upon must be clearly identified by the applicant in their application. Jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period.

The paragraph above obviously imposes the 12 months rule (post April 2014 requirement). Under transitional arrangements, this is not a requirement.

[Faheemryk]

One more question

I got refusal letter on 15th June 2017.
I sent fresh application on 26 June 2017.

My question is

Am I an overstayer now ?

Can I still be employed and draw salary from my own company?

The same company for which I have entrepreneur visa ?

[sm12]

One more question

I got refusal letter on 15th June 2017.
I sent fresh application on 26 June 2017.

My question is

Am I an overstayer now ?

Unfortunately, yes.

Can I still be employed and draw salary from my own company?

You should not be employed/draw a salary during this period.

The same company for which I have entrepreneur visa ?

[marcnath]

One more question

The same company for which I have entrepreneur visa ?

To add to sm12's replies - You do not have an entrepreneur visa now. And anyway, the T1E is not tied to a company

[Faheemryk]

One more question

One of my employee was former director. She was on payroll since April 2014.
She got her ILR on 16-4-2016.
From 18-4-2016, we removed her from directorship and made her manager/employee because she qualified as a settled worker by then.

We didnt issue her P45, we just changed her role. On my failed first application, UKVI considered her working hours, possibly they ignored the fact that fps was not with start date. UKVI refused me for not awarding points for hours above 130.

Now I am just thinking that we claimed points for her employment from 18-4-2016, but FPS for that month doesnt show her start date. We just swtich her roles, she didnt leave and rejoined.

I changed my accountant in Nov 2014 because old accountant was really incompetent. I cannot even contact him now.

Now I have already sent my application but I am just thinking if UKVI asks for FPS with start date.
Before sending this application, my solicitor asked me for it and maximum we could do was an EARLY YEAR UPDATE generated from the accounting software that is in the same format as FPS, but its not an FPS, its an EYU report. My solicitor said that we will explain in covering letter that she was already a director, her job role was switched once she received her ILR but she continued working for the company.

I am wondering what shall I do. I know people use money soft software to generate FPS in format required by home office. we have other information. Shall we use software to generate her FPS for the month of April 2014 and send it to home office?

It s my second application, I am thinking if FPS generated by money soft software will help me avoid possible objection?

shall I enter relevant information in money soft software, generate FPS for april 2014 and send it to UKVI ? with reference to my application which is already with them?