tier 1 entrepreneur administration review refused

[jianhong gu]

Tier 1 Entrepreneur (team) visa extension application refused on 12 Sep 2017, Administration Review refused on 22 Oct 2017
Reason for refusal: Creation of jobs in the UK, points awarded 0
As evidence to demostrate for xxx restaurant, you have supplied:
1. copies of ID's for xxx and xxx
2. Copies of wage slips for xxx and xxx
3. P45
4. P32

The evidence you have suppplied does not show the real time full payment submissions to confirm PAYE income tax and National Insurance payments for your employees, as well as a start date for each employee, therefore, no hours will be counted for any employee submitted for xxx restuarant;


Grounds for adminstration review:
1. We have submitted a bundle of signed and dated weekly' period summary' for resident workers we employed by the restaurant, which were prepared by charted accountant. The accountant confirmed that period summaries are the equivalent of FPS that were submitted to the HMRC from their system.
2. Accountant letter confirmed starting and ending date, PAYE, NI payment for each emplyee from the restaurant.
3. P11 had also sumbitted as corroborating evidence


We are going to challenge the home office unfair decision through Judicial review.

[umer.shahzad1]

Well you have to Submit RTI ( Real time information) with Full paye Submission



RIT+ Submission logs will solve the case going for judical review apply for fresh application & ask ur accountant to give u RTI From his Software whatever software he is using



1-Sage or Money soft

[marcnath]

Tier 1 Entrepreneur (team) visa extension application refused on 12 Sep 2017, Administration Review refused on 22 Oct 2017
Reason for refusal: Creation of jobs in the UK, points awarded 0
As evidence to demostrate for xxx restaurant, you have supplied:
1. copies of ID's for xxx and xxx
2. Copies of wage slips for xxx and xxx
3. P45
4. P32

The evidence you have suppplied does not show the real time full payment submissions to confirm PAYE income tax and National Insurance payments for your employees, as well as a start date for each employee, therefore, no hours will be counted for any employee submitted for xxx restuarant;


Grounds for adminstration review:
1. We have submitted a bundle of signed and dated weekly' period summary' for resident workers we employed by the restaurant, which were prepared by charted accountant. The accountant confirmed that period summaries are the equivalent of FPS that were submitted to the HMRC from their system.
2. Accountant letter confirmed starting and ending date, PAYE, NI payment for each emplyee from the restaurant.
3. P11 had also sumbitted as corroborating evidence


We are going to challenge the home office unfair decision through Judicial review.

I wish you all the best. Since you have made the decision, it is obviously a fight you can afford to fight. If you are successful, it will be a precedent that will help others.

Having said that, I am sure you have considered the following:
1. The immigration rules are very explicit on the requirement of submission of the FPS.
2. A judicial review is going to take considerable time, during which time you will be an overstayer.
3. If the judicial review is unsuccesful, you will then automatically be disqualified from further application (s).

In my personal opinion, you are better of submitting a fresh application. And if you have a written record of the advice of your accountant, you are possibly better of suing your accountant.

[miumiuuk]

Is RTI different from FPS???? I thought they were the same thing with different names.
Is submission logs a required document for a must?
thx

Well you have to Submit RTI ( Real time information) with Full paye Submission



RIT+ Submission logs will solve the case going for judical review apply for fresh application & ask ur accountant to give u RTI From his Software whatever software he is using



1-Sage or Money soft

[sm12]

Is RTI different from FPS???? I thought they were the same thing with different names.
Is submission logs a required document for a must?
thx

Well you have to Submit RTI ( Real time information) with Full paye Submission



RIT+ Submission logs will solve the case going for judical review apply for fresh application & ask ur accountant to give u RTI From his Software whatever software he is using



1-Sage or Money soft

RTI refers to real time information which is submitted in the form of an FPS.

[miumiuuk]

thx, which is meant submission logs is not required.

Is RTI different from FPS???? I thought they were the same thing with different names.
Is submission logs a required document for a must?
thx

Well you have to Submit RTI ( Real time information) with Full paye Submission



RIT+ Submission logs will solve the case going for judical review apply for fresh application & ask ur accountant to give u RTI From his Software whatever software he is using



1-Sage or Money soft

RTI refers to real time information which is submitted in the form of an FPS.

[marcnath]

thx, which is meant submission logs is not required.

Correct

[mohsensari]

Tier 1 Entrepreneur (team) visa extension application refused on 12 Sep 2017, Administration Review refused on 22 Oct 2017
Reason for refusal: Creation of jobs in the UK, points awarded 0
As evidence to demostrate for xxx restaurant, you have supplied:
1. copies of ID's for xxx and xxx
2. Copies of wage slips for xxx and xxx
3. P45
4. P32

The evidence you have suppplied does not show the real time full payment submissions to confirm PAYE income tax and National Insurance payments for your employees, as well as a start date for each employee, therefore, no hours will be counted for any employee submitted for xxx restuarant;


Grounds for adminstration review:
1. We have submitted a bundle of signed and dated weekly' period summary' for resident workers we employed by the restaurant, which were prepared by charted accountant. The accountant confirmed that period summaries are the equivalent of FPS that were submitted to the HMRC from their system.
2. Accountant letter confirmed starting and ending date, PAYE, NI payment for each emplyee from the restaurant.
3. P11 had also sumbitted as corroborating evidence


We are going to challenge the home office unfair decision through Judicial review.

You don’t have any chance to win JR.
The best option for you is fresh application with submission of RTI which has employee start date and monthly or weekly payslips.

[annoyedatukba]

I agree, that you won't have a chance to win JR. It will be a waste of time and money.

You should definitely prepare a fresh application with RTI which includes all the missing information. This would be the best way forward.

As for PAP and JR - you can do that at any point in time.

[sm12]

I think JR and a new application can be pursued simultaneously, unlike an AR and a new application.
So you could do both. However, it would be very expensive. More importantly, since you did not provide a mandatory document, going for JR may not be worthwhile. It's true that all the information about NI and tax can be found in the documents you submitted, but the HO only accepts FPS reports.

[itk]

Quite sorry to hear about your refusal. I know at this moment it must be quite tough and challenging for you. This is no time to panic, the chip is already down. Take a deep moment of reflection and put yourself together and do everything possible to put in a fresh application to include the missing RTI/FPS which is a MADATORY requirement in the policy guidance. In case your accountant is not able to produce them, you can download MoneySoft and reproduce them yourself using the same information on the ones your accountant already submitted to HMRC. All the best and may God give you the grace to triumph.

[Manu_cal]

Quite sorry to hear about your refusal. I know at this moment it must be quite tough and challenging for you. This is no time to panic, the chip is already down. Take a deep moment of reflection and put yourself together and do everything possible to put in a fresh application to include the missing RTI/FPS which is a MADATORY requirement in the policy guidance. In case your accountant is not able to produce them, you can download MoneySoft and reproduce them yourself using the same information on the ones your accountant already submitted to HMRC. All the best and may God give you the grace to triumph.

Very well said. Couldn't agree more. I am in the same situation but I did provide the FPS and the only thing missing was start dates on them and it is a software issue which dosent give the employees start dates . I thought about JR and honestly I have a stronger case than you but still I would go for a second application.
I have applied for the AR . Waiting for a reply but I have done the FPS in Moneysoft in the mean time and prepared a new application.
Don't take a chance in JR no matter what your accountant or solicitor is saying. Some of these clowns just make their own immigration rules in their warm and cosy offices.
Good luck .

[teddybear79]

we are businessmen not accountants
Homeoffice should make it simple but requesting HMRC issue the information