Tier 1 Enterp. Extension Refused

[Manu_cal]

Hello Everyone,
Visa applied on 29th March , got a Refusal yesterday 20th Oct.
Reasons stating - 1) Printout from companies house filing History not provided showing the date of appointment as a director.
I am sure I have provided Directors Current appointment letter as It is mentioned in Covering letter but the Case worker has said that I have provided AR 01 Annual return form and a company Information Report.

2) " Start Dates of employees on FPS missing .
As this was not in my accountants control since the software he uses does not have the start dates so we provided P11 for all the employees which show the start dates. The accountant also mentioned on the job creation letter Job start date ( As per RTI ).

I had no complex issue letter and no interview and was awarded points for the rest .
Now the big question to all the experienced gurus what are my chances in AR. Should I just Reapply without risking being overstayer if AR refused.
Thanks in advance

[moongesture]

In my opinion, a new application with a careful consideration to All paperwork is needed.

FPS showing start date is mandatory, only in other circumstances a P-45 or P-46 is acceptable and again it has been mentioned for Pre 5/10/13 cases.

Filing page is also needed for T1 case separately along with CAR which can be download from Companies House website through online ordering.

You can raise the later point in AR if you have provided the documents mentioned above but for earlier point, it is better to speak to the software provider of your accountant and they will be able to help you.

[rahul190]

You can try asking to other ca who can produce in sage or moneysoft software

[Manu_cal]

Thanks for the replies . Is there no possibilities of explanation considering I have submitted P11 or Employee pay record with all the start dates and P45 for employees who have left during this period .
I think I will try AR and start preparing for a new application .

[marcnath]

Unfortunately, when there are specifics laid out in the immigration rules, there is very little leeway for the CW to use their discretion.
It works both ways, the CW can't used their discretion to refuse points if you have provided proper documentation either.
You should go for an AR if you are sure you have submitted the CAR (you mention Current appointment letter which I hope is the same thing). Why did you submit the AR01, which is not a required document ?
I guess you have not been following this forum too much, but there has been quite a lot of discussion on the FPS with start date. P11 and accountant's letters are not required documents and cannot substitute for the FPS.
The CW decision, on at least the second point, is correct. Which means that your AR is unlikely to succeed.
But you can try anyway - there is no difference in the immigration status. Once you reapply, you become an overstayer (I assume the initial visa has expired) from the date of application irrespective of whether you applied for AR or not.

[Manu_cal]

Thanks for the reply Marcnath. After a lot of research I have found something that looks positive to me and a similar like situation.
The post is here
uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1363128
A similar CAR issue with dates and FPS which I have also mentioned in my covering letter and after looking into Raj.m 's Post I saw the 245AA rule which infact states that - " (d) If the applicant has submitted a specified document:
(i) in the wrong format; or
(ii) which is a copy and not an original document; or
(iii) which does not contain all of the specified information, but the missing information is verifiable from:
(1) other documents submitted with the application; or
(2) the website of the organisation which issued the document; or
(3) the website of the appropriate regulatory body;
the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules. "

[marcnath]

That is definitely good news and can be used to argue your AR.
And, based on the previous case, the chances of getting through are high.
However, it is not a 100% as the clause says "may", which leaves the discretion with the CW and is therefore it is not an incorrect decision.
But I suspect HO may be flexible.

[Manu_cal]

Hello Everyone,
My AR was successful today. Got back my documents and approval letter today. Short of words really. Special thanks to Raj.m and everyone who did give the words of encouragement when I needed them most. Thanks to this website by which I got in touch with everyone. Finally there was light at the end of the tunnel.
If your business is genuine and paperwork is good enough to prove that , you dont need to worry about anything.
Take Care good people.

[annoyedatukba]

Congratulations.

I am glad that you were able to overturn the decision at the AR stage and that you didn't have to go down the fresh application route and incur the extra expenses.

Good luck with the next portion.

[marcnath]

Hello Everyone,
My AR was successful today. Got back my documents and approval letter today. Short of words really. Special thanks to Raj.m and everyone who did give the words of encouragement when I needed them most. Thanks to this website by which I got in touch with everyone. Finally there was light at the end of the tunnel.
If your business is genuine and paperwork is good enough to prove that , you dont need to worry about anything.
Take Care good people.

Congratulations and thanks for sharing.

This is good news for everyone who may get into this kind of situation.

[bizman]

Congratulations mate. Goodnews indeed. Wish you all the best for the next stage.

[Manu_cal]

Thanks for the good wishes everyone.
I guess I always look at positive things , keep out the negative vibes. That is the key to success , you need to have a plan B and C and even D but being positive makes all the difference . I know this forum helps a lot and the guys who have experience do an excellent job in helping other people.
Also I would like to request the experience guys not to demotivate someone who is already in stressful situation . Sorry if it offends anyone but had to get that off my chest. We are human beings we can make mistakes its not the end of the world.
Overall my experience of Tier 1 was not good as people who have a genuine business providing lively hood to other people are being traumatized for silly missing information on a piece of paper while the bigger picture of the business and its existence is ignored.
But All is well that ends well.
Stay positive good people
Take Care.

[bizman]

Hello Everyone,
My AR was successful today. Got back my documents and approval letter today. Short of words really. Special thanks to Raj.m and everyone who did give the words of encouragement when I needed them most. Thanks to this website by which I got in touch with everyone. Finally there was light at the end of the tunnel.
If your business is genuine and paperwork is good enough to prove that , you dont need to worry about anything.
Take Care good people.

@manu cal what was your online status when you got your visa. was is updated or was not recognised. Kindly confirm.

[zimba]

uk-tier-1-entrepreneur-visas/interestin ... 44228.html