visa Refusal

[Dea guy]

I gave them Directorship letter from company house which i got by post from company house. I got it end of May 2017. Do you think i should go AR under the Paraghraph 245AA of immigration rules. Case worker said he did not use flexibility law of Paraghraph 245AA of immigration rules. Do you think i should go in AR??

Below is my documents list.
1- Passport
2- 2 photos
3- visa Application
4- 90 days maintenance Funds
5- Personal Bank state as a proof of transection into company account
6- Business account as a proof of investment from personal account
7- One Year Business Statement
8- Incom Invoices
9- Accounts Filling History
10- Current Appointment Report (Single Page from company house website)
11- Filling History Page of Company
12- Three Years Accounts (They must Show Director and accountant name, Date of Accounts Produce and How much has been invested).
13- Registration of Corporate Tax
14- Copy of CT41G/Complete Tax Return
15- Letter from Company House of Directorship
16- Un audit Reports of Three Years Accounts.
17- Accountant Letter Which Covers The Job Creation and Company.
18- payslips
19- RTI/Paye
20- P60/P45
21- Employees Hours Proof
22- Employees Passport Copy
23- Employees Proof of Address
24- Company Website
25- Company Leaflet
26- Company Visiting Card
27- NI Class 2 Payment Proof
28- Tax Payment Proof
29- UK degree
30- Professional Certificates
31- Accreditation Certificate
32- Business Insurance

[marcnath]

You can go for AR and try. Highly likely to get rejected but you can get a fresh application ready in the meantime. If you don't need to travel the delay should not matter.

[Dea guy]

You can go for AR and try. Highly likely to get rejected but you can get a fresh application ready in the meantime. If you don't need to travel the delay should not matter.

How long will be the AR if i go in AR? MY solicitor send me an email. According to him CW has not seen actual maintenance fund statement nor the company house report which shows i am active director. date was on report 5/5/2017.

[marcnath]

You can go for AR and try. Highly likely to get rejected but you can get a fresh application ready in the meantime. If you don't need to travel the delay should not matter.

How long will be the AR if i go in AR? MY solicitor send me an email. According to him CW has not seen actual maintenance fund statement nor the company house report which shows i am active director. date was on report 5/5/2017.

Any idea how he knows what the CW saw and did not see ?

Unfortunately, the immigration rules (46-SD(g)(ii)) set out two things clearly that were not met:
1. CAR
2. Dated no earlier than 3 months.

And the challenge with the printout of a web page is that it is not the CAR and the date criteria is also not met.
So, in an AR, even if it can be proved the CW has not seen it, it will get sent back and most likely rejected again.

But your solicitor is the professional and this is just my unprofessional advice, so it is your call.

Tough to say how long an AR can go on - there have been posts here where it has taken months

[Dea guy]

You can go for AR and try. Highly likely to get rejected but you can get a fresh application ready in the meantime. If you don't need to travel the delay should not matter.

How long will be the AR if i go in AR? MY solicitor send me an email. According to him CW has not seen actual maintenance fund statement nor the company house report which shows i am active director. date was on report 5/5/2017.

Any idea how he knows what the CW saw and did not see ?

Unfortunately, the immigration rules (46-SD(g)(ii)) set out two things clearly that were not met:
1. CAR
2. Dated no earlier than 3 months.

And the challenge with the printout of a web page is that it is not the CAR and the date criteria is also not met.
So, in an AR, even if it can be proved the CW has not seen it, it will get sent back and most likely rejected again.

But your solicitor is the professional and this is just my unprofessional advice, so it is your call.

Tough to say how long an AR can go on - there have been posts here where it has taken months

Marcnath Thanks a lot for helping me with technical points.
I am going to Re apply. Just two questions Please respond them as well. It will help me and other readers as well.

If maintenance fund was accepted.
could Case Worker have requested additional information ''CAR'' before making decision under Paragraph 245AA of the immigration rules ????
and other question is about case worker statement

"In making the decision to refuse your application. I have considered whether evidential flexibility applies as per set in paragraph 245AA of immigration rules.
Additional information will not be requested where that information would not change the decision. As your application has failed to meet the requirements of the immigration rules for the reasons explained above. As additional information would not change the decision. I have not requested the additional information in relation to your application."
For example if I go in AR and maintenance fund is proved as i am claiming. Will he request the additional information of CAR to overturn his decision. I am asking according to his above statement.

Thanks a lot again. God bless you.

Regards,

[marcnath]

Marcnath Thanks a lot for helping me with technical points.
I am going to Re apply. Just two questions Please respond them as well. It will help me and other readers as well.

If maintenance fund was accepted.
could Case Worker have requested additional information ''CAR'' before making decision under Paragraph 245AA of the immigration rules ????
and other question is about case worker statement

"In making the decision to refuse your application. I have considered whether evidential flexibility applies as per set in paragraph 245AA of immigration rules.
Additional information will not be requested where that information would not change the decision. As your application has failed to meet the requirements of the immigration rules for the reasons explained above. As additional information would not change the decision. I have not requested the additional information in relation to your application."
For example if I go in AR and maintenance fund is proved as i am claiming. Will he request the additional information of CAR to overturn his decision. I am asking according to his above statement.

Thanks a lot again. God bless you.

Regards,

I am no expert on AR, but I have often seen in these forums that sometimes AR decision is to send it back to HO for reconsideration.
And yes, if the AR concludes the maintenance fund was a clear CW mistake, they could just send it back - which would be a reconsideration of the whole application again. So, yes, the CW could use evidential flexibility.
But, in my opinion, unlikely as 245AA(b) starts with If the applicant has submitted the specified documents and you have not submitted the specified document (CAR).
On the other hand, I think the CW has a lot more flexibility and could just conclude that you did submit the document but it was in the wrong format. And could use 245AA to ask for CAR.
Reapplying is a more certain way and likely quicker. But you will be an overstayer between your new application and decision - so, for example, your dependant will lose the right to work.
AR will take longer but there is a chance for you to be successful and if so, you will save considerable money. But you may need to reapply anyway.
Either way, you will probably get your extension, so the end result is likely to be the same.
If I was in your shoes, I would probably go for reapplication - but that is because my business requires me to travel and the longer period of uncertainty would me more stressful for my wife. If those two were not there, I would try AR.
So, boils down to your personal decision.

[Dea guy]

Thanks Marcnath for your help.
I have mind of new Application but will see what solicitor has mind.
Yes one thing is 100% clear that maintenance was vivid mistake of Case Worker. I send my saving account statement for maintenance. I also send one year Business statement. The maintenance which Case worker has considered and mentioned account number that is business statement. Business statement can not be considered maintenance fund statement.
Yes in CAR metter. We did not submit. We send three years filling history documents and one document from company house website which shows i am director. Date is on this document.
We Send CAR information in two different documents.
We also send company house document which shows i company is in corporate and i am active director.
Again thanks Marcnath for really great help.

[Dea guy]

AR has been submitted by my solicitor. He believes that Refusal needs to be addressed properly as we have provided 98 Days maintenance statement which is saving account. CW has considered Business statement as a maintenance fund.
Second we provided Filling history of three years and one company house letter which shows me as an active director of my company. It was taken 5 May 2017 from company. We did not provide CAR with application because filling history and company house document was submitted as an actively engaged in business.

Solicitor's points in AR are below.

''The first basis of the refusal is that it is said that the applicant had not demonstrated that he is still actively trading. This decision was based on consideration of one document from Companies House. In fact, the applicant had submitted 2 documents from Companies House, the second of which has not been considered by the decision maker. This document, dated 5th May 2017, clearly states that the applicant is currently a director of ........COMPANY, company Number......, and had been appointed a director on 23 April 201.
The decision maker has omitted to consider this document. It is submitted that 15 points ought to have been awarded for the applicant being engaged in business activity at the time of the application.
Secondly, the application was refused on The basis that it is said that the maintenance criteria had not been met for the himself and his two dependents. The decision maker referred to Barclays Bank statements for the account ending ABCD.
In fact, the applicant had submitted, in addition, Barclays Everday Saver accounts, ending XYZ...., which from 27th February 2017, had funds in excess of the £2835 required to cover the principal applicant plus 2 dependents.
The decision maker has failed to have regard to this bank account. It is therefore submitted that 10 points ought to have been awarded for maintenance.
In the alternative, it is submitted that, if either of these documents, or series of documents were deficient, then pursuant to paragraph 245AA, the decision maker had discretion to request further documentation to perfect the application.

[marcnath]

Looks good.

All the best.

[Dea guy]

I was reading Appendix A of Immigration Rules. I read paragraph and want to double check the right documents.

''If the applicant was a director of a new or existing company or member of a new or existing limited liability partnership, he must provide a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of his appointment as a director of that company or member of that limited liability partnership, which must be no more than 8 months after the specified date in the relevant table.''

According to above paragraph
Applicant needs Three Years Filling History of Company and Current appointment Report??
Does CAR cover the Personal Appointment History of Applicant (As a Director)???
Thanks.

[zimba]

Applicant needs Three Years Filling History of Company and Current appointment Report??

No

Does CAR cover the Personal Appointment History of Applicant (As a Director)???

CAR has a history page at the end

[Dea guy]

Hi Zimba88,

Thanks for kindness.
Below sentence is from Appendix A. It is about new business and director..... which document covers below point in application?


''he must provide a printout from Companies House of the company’s filing history page''

Thanks.

[marcnath]

Hi Zimba88,

Thanks for kindness.
Below sentence is from Appendix A. It is about new business and director..... which document covers below point in application?


''he must provide a printout from Companies House of the company’s filing history page''

Thanks.

The CAR meets that requirement

[Dea guy]

Applicant needs Three Years Filling History of Company and Current appointment Report??

No

Does CAR cover the Personal Appointment History of Applicant (As a Director)???

CAR has a history page at the end

Hi Zimba88,

Thanks for kindness.
Below sentence is from Appendix A. It is about new business and director..... which document covers below point in application?


''he must provide a printout from Companies House of the company’s filing history page''

Thanks.

The CAR meets that requirement
non working weblink removed.
Is it acceptable as a CAR?

[Dea guy]

I have applied AR. 22 days have passed. Does anybody know the normal processing time of AR and Success rate of AR applications?

[zimba]

I have applied AR. 22 days have passed. Does anybody know the normal processing time of AR and Success rate of AR applications?

Takes up to a month and has low success rate unless HO made an obvious mistake

[Dea guy]

I have applied AR. 22 days have passed. Does anybody know the normal processing time of AR and Success rate of AR applications?

Takes up to a month and has low success rate unless HO made an obvious mistake

Again question. I am in a stress situation that is why asking again.

I got two refusal point. 1. Maitenance fund and second currently actively engaged in business within three months.
1- i provided end of personal saving account statement from February 2017 to 6 June 2017 as a maintenance fund. I also provided June 2016 to May 2017. Business statement with invoice as a proof of Business transaction.
Case Worker took business statement from January 2017 to 30 April 2017 business statement and said maintenance fund is more than 31 days at the time of application.
2- i provided three years Filling history(AR01 2014-15 , 2015-16& CS01 2016-17) and one page of current appointments/officers from Company House Beta.
Case worker said i have not provided CAR.

My solicitor has applied admin and said we have provided another company house document which shows i am currently active director from ....2013 and date on page is 5/5/2017.
My question to Zimba88 and other brothers. Is there any chances for me to win in Admin Review???
Solicitor has cleared points and request to consider 245AA as well.

[marcnath]

It is tough to say.
Your maintenance fund is a clear case of CW error, so that will be overturned.
For the second part, quite likely that it will not be granted - and if so, the overall rejection will stand.
But there is a chance you are lucky and get through and if so, it would be really great.
This is out of your hands now, so no point getting stressed.
Hope for the best but be prepared for the worst.
The worst is not all that terrible as a fresh application should be successful.
Good luck

[Dea guy]

It is tough to say.
Your maintenance fund is a clear case of CW error, so that will be overturned.
For the second part, quite likely that it will not be granted - and if so, the overall rejection will stand.
But there is a chance you are lucky and get through and if so, it would be really great.
This is out of your hands now, so no point getting stressed.
Hope for the best but be prepared for the worst.
The worst is not all that terrible as a fresh application should be successful.
Good luck

Thanks Macnarth,
You are right.
can we say three years filling history and current appointment document of one page is wrong format of CAR?

[marcnath]

You can't. If you are lucky, the CW will say that - it is entirely their decision to make.

[Ahmd_64]

Can i have tamplet of Covering letter? I m trying to make it and need to see other for better as i might have to go new Application in case AR goes against me.

[Dea guy]

29 days have gone but no reply of AR. Still waiting. No further time letter/document request from HO. is it bad sign?

[heyaheya]

It is tough to say.
Your maintenance fund is a clear case of CW error, so that will be overturned.
For the second part, quite likely that it will not be granted - and if so, the overall rejection will stand.
But there is a chance you are lucky and get through and if so, it would be really great.
This is out of your hands now, so no point getting stressed.
Hope for the best but be prepared for the worst.
The worst is not all that terrible as a fresh application should be successful.
Good luck

Marchnath if deaguy povided current appointment report and filing history.. according to guidance thats only what is needed to calim points So why got rejected. Maybe u dint understand right. But if car has been sent .. they Ar should be overturned. Good luck deaguy.. i had a friend he applied for Ar and got reply after like month or so u should be getting soon . Regards,

[heyaheya]

It is tough to say.
Your maintenance fund is a clear case of CW error, so that will be overturned.
For the second part, quite likely that it will not be granted - and if so, the overall rejection will stand.
But there is a chance you are lucky and get through and if so, it would be really great.
This is out of your hands now, so no point getting stressed.
Hope for the best but be prepared for the worst.
The worst is not all that terrible as a fresh application should be successful.
Good luck

Marchnath if deaguy povided current appointment report and filing history.. according to guidance thats only what is needed to calim points So why got rejected. Maybe u dint understand right. But if car has been sent .. they Ar should be overturned. Good luck deaguy.. i had a friend he applied for Ar and got reply after like month or so.... u should be getting soon . Regards,

I meant to ssay maybe I DID NOT UNDERSTAND RIGHT NOT U .. sorrry for that. i

[Dea guy]

It is tough to say.
Your maintenance fund is a clear case of CW error, so that will be overturned.
For the second part, quite likely that it will not be granted - and if so, the overall rejection will stand.
But there is a chance you are lucky and get through and if so, it would be really great.
This is out of your hands now, so no point getting stressed.
Hope for the best but be prepared for the worst.
The worst is not all that terrible as a fresh application should be successful.
Good luck

Marchnath if deaguy povided current appointment report and filing history.. according to guidance thats only what is needed to calim points So why got rejected. Maybe u dint understand right. But if car has been sent .. they Ar should be overturned. Good luck deaguy.. i had a friend he applied for Ar and got reply after like month or so.... u should be getting soon . Regards,

I meant to ssay maybe I DID NOT UNDERSTAND RIGHT NOT U .. sorrry for that. i

I provided three years Filling history separate and Company House Beta Document of one page that clearly shows my first date of directorship which is April. This document was printed out on 5/5/2017.
My name, active Role, company name and number, nature of business, address all is on this page.
My accountant said it is CAR. So other words you can say CAR has been send in two parts. One is 3 years filling history and second one page information of company, address, first day of director appointment till now.... etc. Date of created this document on page is 5/5/2017.