Rejection Tier1E Ext (URGENT Help Please)

[FOCUS]

Hello Zimba and other senior members ,
Below is my case and refusal. please have a look and suggest me the points that I can put forward in my AR ,to explain that the case worker made a mistake.
Applied 1 Feb 2017
Biometrics received and given 9 Feb 2017
Complex letter received after 2 weeks from above date
Refusal decision on 15 June 2017
Received letter 19 June 2017
Points awarded on all other Attributes ,expect INVESTMENT (Share Capital) 50k
Want to go for AR

Reason for Refusal:
According to paragraph 46-SD(b)(4) of Appendix A of the immigration rules states as follows ;
(b) when evidencing the investment;
(4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided.

The evidence you have provided is not sufficient becasue you have not provided AR01 from the companies house or similar document to show the shares amount, value and that they are in your name. we have therefore been unable to award points for attributes.


Evidence I have provided:
- Recent business bank statement and also a letter from bank confirming that the company has a bank account and I am the signatory of the account
- Certified Annual Accountants for the financial year 2016 in which investment is made, with accounts compilation report from certified accountant
- Investment confirmation supporting letter from certified accountant
- Current appointments report from companies house showing the business premises or registered office address in UK
- HMRC Company Tax return form ( CT600)

So the docs I have submitted to prove my investment includes the unaudited accounts which clearly shows the information that the CW is asking for . which is amount ,value and my name. But CW has specifically said that I did not submit the AR01 , which I think is not necessary according to the rules in paragraph (46-SD(b)(4) of Appendix A) for proving share capital investment. As my unaudited accounts are nothing but " the business accounts which showed the shareholder,amount and value " .

All the gurus please can you let me know is it cumplosary to send the AR01 if we submit Unaudited accounts which satisfies the requirement and how strong is my case being successful in AR.can you also suggest me any other valid points I can include in my AR.

I have received the letter yesterday only which is 5th day after the decision date (15/06).so left with just 8 days to go for AR.

So Zimba and all the senior members and any oen with similar experience share your thoughts and suggestions about my case at the earliest possible. It will be a great great help.

Thank you every one

[marcnath]

Hello Zimba and other senior members ,
Below is my case and refusal. please have a look and suggest me the points that I can put forward in my AR ,to explain that the case worker made a mistak

Reason for Refusal:
According to paragraph 46-SD(b)(4) of Appendix A of the immigration rules states as follows ;
(b) when evidencing the investment;
(4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided.

The evidence you have provided is not sufficient becasue you have not provided AR01 from the companies house or similar document to show the shares amount, value and that they are in your name. we have therefore been unable to award points for attributes.


Evidence I have provided:
- Recent business bank statement and also a letter from bank confirming that the company has a bank account and I am the signatory of the account
- Certified Annual Accountants for the financial year 2016 in which investment is made, with accounts compilation report from certified accountant
- Investment confirmation supporting letter from certified accountant
- Current appointments report from companies house showing the business premises or registered office address in UK
- HMRC Company Tax return form ( CT600)

So the docs I have submitted to prove my investment includes the unaudited accounts which clearly shows the information that the CW is asking for . which is amount ,value and my name. But CW has specifically said that I did not submit the AR01 , which I think is not necessary according to the rules in paragraph (46-SD(b)(4) of Appendix A) for proving share capital investment. As my unaudited accounts are nothing but " the business accounts which showed the shareholder,amount and value " .

All the gurus please can you let me know is it cumplosary to send the AR01 if we submit Unaudited accounts which satisfies the requirement and how strong is my case being successful in AR.can you also suggest me any other valid points I can include in my AR.

Thank you every one

Sorry to hear about this.

On the surface, you seem to have case for AR. i have never seen a requirement for AR01

In the AR, clearly point out that the AR01 is not required as your name, shares and amount is clearly stated in the Accounts submitted.

Did you have the compilation statement for your unaudited accounts also ? It should not matter as your investment is already shown in the 2016 accounts. But in the AR refer to the latest accounts for which you have a compilation report.

[Momi]

Most of the times investment is shown in AR01 or CS01 (confirmation statement).
Did you submit CS01?

Hello Zimba and other senior members ,
Below is my case and refusal. please have a look and suggest me the points that I can put forward in my AR ,to explain that the case worker made a mistake.
Applied 1 Feb 2017
Biometrics received and given 9 Feb 2017
Complex letter received after 2 weeks from above date
Refusal decision on 15 June 2017
Received letter 19 June 2017
Points awarded on all other Attributes ,expect INVESTMENT (Share Capital) 50k
Want to go for AR

Reason for Refusal:
According to paragraph 46-SD(b)(4) of Appendix A of the immigration rules states as follows ;
(b) when evidencing the investment;
(4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided.

The evidence you have provided is not sufficient becasue you have not provided AR01 from the companies house or similar document to show the shares amount, value and that they are in your name. we have therefore been unable to award points for attributes.


Evidence I have provided:
- Recent business bank statement and also a letter from bank confirming that the company has a bank account and I am the signatory of the account
- Certified Annual Accountants for the financial year 2016 in which investment is made, with accounts compilation report from certified accountant
- Investment confirmation supporting letter from certified accountant
- Current appointments report from companies house showing the business premises or registered office address in UK
- HMRC Company Tax return form ( CT600)

So the docs I have submitted to prove my investment includes the unaudited accounts which clearly shows the information that the CW is asking for . which is amount ,value and my name. But CW has specifically said that I did not submit the AR01 , which I think is not necessary according to the rules in paragraph (46-SD(b)(4) of Appendix A) for proving share capital investment. As my unaudited accounts are nothing but " the business accounts which showed the shareholder,amount and value " .

All the gurus please can you let me know is it cumplosary to send the AR01 if we submit Unaudited accounts which satisfies the requirement and how strong is my case being successful in AR.can you also suggest me any other valid points I can include in my AR.

I have received the letter yesterday only which is 5th day after the decision date (15/06).so left with just 8 days to go for AR.

So Zimba and all the senior members and any oen with similar experience share your thoughts and suggestions about my case at the earliest possible. It will be a great great help.

Thank you every one

[zimba]

The 46-SD(b)(4) says:

If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided,

If your accounts show your name as shareholder, number of shares allocated and value of each share on the purchase date, then the case worker made a mistake as there is no requirement to send company’s register of members and you should argue this in AR.

[jobberman1]

Sorry to hear about your rejection. I think you should check the guide properly. It looks like the register of members is what replaced the earlier requirement of share certificate.
The requirement says: ...''if the value of their share capital is not shown in their accounts, then they must supply a copy of the company register of members from company house''.
Did you show the value of the company shares in your account? Note that value or the shares may not necessarily be the monetary value of investment.

[bubbly123]

Hi Focus,
Sorry about your refusal.

Did you submit the CS01 confirmation statement from company company house? Investments will be clearly mentioned on that.

AR01 is replaced by CS01.
No more AR01 and you can easily turn the decision in AR.
But wait for the advice from the senior members.

[heyaheya]

if your accounts show your name the amount and value of the shares on the date of purchase on ur accounts then you dont need to worry bout anything.. as thats what it says in 46-sd B4.. either this or print out of company's register of members from companies house which i dont think is AR01. As Ar01 print out which is been said by caseworker in ur refusal letter is Annual return .. which was back until 2016 and nw it has been changed into Confirmation statement. so i am nt sure as well what actually ''print out of company's register of members from companies house'' is .. lets see what moderators say.. good luck

[Momi]

Yes. No more AR01 on company house.
CS01 shows everything and even more clearly than annual accounts.

if your accounts show your name the amount and value of the shares on the date of purchase on ur accounts then you dont need to worry bout anything.. as thats what it says in 46-sd B4.. either this or print out of company's register of members from companies house which i dont think is AR01. As Ar01 print out which is been said by caseworker in ur refusal letter is Annual return .. which was back until 2016 and nw it has been changed into Confirmation statement. so i am nt sure as well what actually ''print out of company's register of members from companies house'' is .. lets see what moderators say.. good luck

[FOCUS]

Thank you every for your Quick Replies

@ marcnath : Yes I have made my investment in 2016 and submitted unaudited accounts only for the year that I made the investment, which also includes the compilation report .

@ momi & @bubly123 : No momi I have not submitted CSo1and I tried to avoid extra documents , as the requirment only states the investment should be visible in business accounts with shareholders, the amount and value of the shares , which I think I satisfied.
@heyaheya : Thank you for the message

@ Zimba: Hi Zimba yes I did all that you stated above. But now I got a doubt here in the below higlited line.Dont know my interpetation is right or not ?

" Accounts show your name as shareholder,number of shares allocated and value of each share on the purchase date "
so should we also mention the purchase date ? I feel they are asking Mainly only Value of share ,on the purchase date, please correct me if iam wrong .So my value of share is £1 each on purchase date. Does it mean the purchase date should also be included in the accounts ? I havent done that and I have invested in my company in 5 different transcations and the last transcation is on 10 dec and updated to companies house on 21st dec, which is shown in my Current appointments report filing history page.

I have showed in the Notes of my Accounts as follows:

Share capital:
Nominal value 2016 2016 2015
Number £(Amount) £(Amount)
Allocated,called up fully paid:
MR xxxx
Ordinary shares £1 each 65,200 65000 200

Shares issued during the
period :
To Mr xxxxx
Ordinary shares £1 each 65,000 65000

I havent particulary given any purchase date , am I fine with the above or should I complusorly include the purchase date?

please let me know, Thank you very much

[FOCUS]

pls look at how I showed in my accounts , its not clear in the my above message

[zimba]

To me this should be perfectly fine.

[FOCUS]

@ Thank you Jobber for the message, Share certificate is never an acceptable form of evidence for share capital investment. yes I have shown the value of share in accounts .

@ Zimba : Thanks alot zimba that gives a lot of relief, dont mind me asking again, so there is no need for purchase date on the note of the accounts . It is the value only that should be visible , isn't it ?

[marcnath]

@ Thank you Jobber for the message, Share certificate is never an acceptable form of evidence for share capital investment. yes I have shown the value of share in accounts .

@ Zimba : Thanks alot zimba that gives a lot of relief, dont mind me asking again, so there is no need for purchase date on the note of the accounts . It is the value only that should be visible , isn't it ?

There is no need to show purchase date

[sm12]

Very sorry to hear about this.
There have been a number of share capital applicants on this website, and I don't recall anyone being asked for or rejected for not submitting the annual return or confirmation statement.
You have a strong case for Admin Review, as your accounts clearly meet the requirement. Maybe the caseworker failed to see the notes to the accounts? Point the page number and note number out in the admin review application and explain how it meets the requirement as per immigration rules.

[FOCUS]

@marcnath - Thank you
@sm12 : Thank you for you suggestions ,feeling hope

[FOCUS]

Hello members ,
May I please know, I have applied with my dependant. So can I apply one AR with single fee for both of us or should I do it seperately .
And as I see in the rejection letter , I can apply for AR through online only or can I do it as paper based ?

Thank you

[bajo85]

Dear Focus,

Sorry to hear about your refusal,

I've seen the picture you shared, I think LIST OF SHAREHOLDERS is missing in it, though you're the sole shareholder but your accounts still need to show the list of shareholders.

something like:

Following is the list of fully paid ordinary equity shareholders of the company as at 31/12/2016.

Serial No. | Name of Shareholder| No. of Shares | Nominal Value per Share | Full Value of Investment

1 | Mr. FOCUS | 65,200 | £1 | £65,200

Please focus on " The business accounts must show the shareholders"

I hope it'll help.

Regards,

Bajo

[sm12]

Dear Focus,

Sorry to hear about your refusal,

I've seen the picture you shared, I think LIST OF SHAREHOLDERS is missing in it, though you're the sole shareholder but your accounts still need to show the list of shareholders.

something like:

Following is the list of fully paid ordinary equity shareholders of the company as at 31/12/2016.

Serial No. | Name of Shareholder| No. of Shares | Nominal Value per Share | Full Value of Investment

1 | Mr. FOCUS | 65,200 | £1 | £65,200

Please focus on " The business accounts must show the shareholders"

I hope it'll help.

Regards,

Bajo

His attachment says Mr XXX, which is probably where his name was in the accounts.

[bajo85]

Dear Focus,

Sorry to hear about your refusal,

I've seen the picture you shared, I think LIST OF SHAREHOLDERS is missing in it, though you're the sole shareholder but your accounts still need to show the list of shareholders.

something like:

Following is the list of fully paid ordinary equity shareholders of the company as at 31/12/2016.

Serial No. | Name of Shareholder| No. of Shares | Nominal Value per Share | Full Value of Investment

1 | Mr. FOCUS | 65,200 | £1 | £65,200

Please focus on " The business accounts must show the shareholders"

I hope it'll help.

Regards,

Bajo

His attachment says Mr XXX, which is probably where his name was in the accounts.

you're right but that's not the complete shareholders information. They need the register of shareholders even you're sole shareholder

[marcnath]

you're right but that's not the complete shareholders information. They need the register of shareholders even you're sole shareholder

Where is the requirement for a register of shareholders set out ? I have not seen that anywhere

[FOCUS]

hi Bajo thank you for the message
Yes it is mentioned in my accounts in the Directors report and also in the note section as the last point .
It has been mentioned that iam the only 100% share holder .

Can any one please let me know about my above query who applied AR with a Dependant

"May I please know, I have applied with my dependant so can I apply one AR with single fee for both of us or should I do it seperately .
And as I see in the rejection letter , I can apply for AR through online only or can I do it as paper based ? "

Thank you

[bajo85]

Sir,

"If the applicant has invested by way of share capital the business accounts must show the shareholders"

Mr FOCUS has provided all other details but not list of shareholders in the business accounts (my thought), this might be the reason the CW needed AR01 or CS01.

regards

[gt23]

Hi

Sorry for your refusal. Did you hsve to sign for the dovuments?
My understanding was AR can be applied wothin 14 days from the time decision letter is recieved not from the letter dated.

Is that right? Senior members can help.

Thanks

[Jazz2007]

Dear Focus,

You have a strong case although purchase date is not mentioned clearly.

If i read it right, You have submitted only Accounts when you made your Investment.
If you have added your current accounts which was carried forward to your respective accounts provided would have been better.All these info HO can easily get from Companies House but they require us to provide with the application and eventually help CW to award points.

I think if you argue on the requirement which you have already provided then you should be fine and decision can be overturned.

[FOCUS]

@gt23- Yes I got the docs as signed for delivery . It was stated in the letter that 14 calendar days from the decision made date on the letter
@ sayeed0083- Thank you for the reply. yes trying to put things together