ILR Refusal

[zainii88]

Hello to all members and moderators , i am a silent reader of this forum now ,
I need suggetion from members and moderators , i applied ILR through ent 200k 5 year route yesterday i got refusal letter because of employee hours didnt meet the requirements , actually i didnt give last 6 month fps cuz of misunderstanding so HO didnt calculate the hours , so now what can i do ,should i go for AR or i submit fresh applictaion with fps ? please give me some advice

[zainii88]

Please give me some advice ???

[CR001]

Start by stating your full immigration history including visa start/expiry dates, dates of extension applications etc and then state the exact wording of the refusal, taking out any personal information.

Then maybe list your employee hours and state why you did not submit FPS and what the 'misunderstanding' was.

You have no posting history on the forum for anyone to look back on and read, or should we guess

[zainii88]

I came uk on 9 july 2012 ent route ,then got extension on 23 dec 2015 and then i applied ilr on 7 dec and i got refusal yesterday dated 1 feb 2017.
Refusal reason :we have considered your application for settlement in the ukas a tier 1 ent migrant on behalf of secretary of state your application has been refused under paragraph 245 DF of immigration rule as it is considered that you have failed to meet the requirement of paragraph 245DF

Ho give all point excet job creation in which they wrote :
1 emloye 780 hours
2 employe 2080 hours
3 emloyee 0 hours
The hours calculated did not meet the required 3120 hours for 2 jobs for 12 months
The evidence you have provided did not meet the requirement
No start date given for employe 3 and therefore no hors could be calculated

[zainii88]

I want to know if i apply AR and got same refusal so can i submit fresh application ? Without breaking my 5 year ent ilr route ?
Or if i apply new application my document with home office so how can i apply without documents ?

[CR001]

AR is for when HO has made an error. It appears they have not, so AR will also be refused. You would only be buying time to be honest. Presumably your visa has already expired?

[zainii88]

Yes my visa is expired on 23 dec
So if i can submit fresh application how can i submit documents cuz they are with home office , what can i do for that ?

[zainii88]

Any suggetion guys i am stuck what i can do now

[Yellow rose]

I am so sorry to hear that , you didn't mention why home office doesn't recognize your third employee ?

[zainii88]

Ho said , there is no start date mention but i clearly mention in form and give p45 of that employee

[zimba]

Ho said , there is no start date mention but i clearly mention in form and give p45 of that employee

You said above that you didn't provide the FPS required for the whole period. Under the rules before 11 Jan 2018, your FPS must have had all the starting date of your employees too

[zainii88]

Yeah i didnt provide fps for last 8 month but i give fps for that employee 3 which ho didnt count and that employee leave job 10 months before application date

[zimba]

Yeah i didnt provide fps for last 8 month but i give fps for that employee 3 which ho didnt count and that employee leave job 10 months before application date

Did the FPS show the start date ?

[zainii88]

No fps didnt show the start date

[zainii88]

Please guide me in this situation now i want to submit new application but my all docx with HO so can i submit photocopies of that document ? Or just submit the evidence of job creation ?
When i submit new application and give ref of previous refusal so case worker only check refusal points or they can see all points , i am worried about new rule chnge in jan for counting absence ??

[zimba]

Please guide me in this situation now i want to submit new application but my all docx with HO so can i submit photocopies of that document ? Or just submit the evidence of job creation ?
When i submit new application and give ref of previous refusal so case worker only check refusal points or they can see all points , i am worried about new rule chnge in jan for counting absence ??

You must provide FPS (the starting date requirement is not an issue anymore). You can write in your covering letter that your documents are with HO and have not been returned yet. Do you have absences of more than 180 days ??

[zainii88]

I dont have asence issue if they count 12 months in 5 groups but if they count 12 month in any 5 year (rollover) then there is some issue ?

[zimba]

I dont have asence issue if they count 12 months in 5 groups but if they count 12 month in any 5 year (rollover) then there is some issue ?

The new rules do NOT allow ANY continuous period of absence of more than 180 days during your 5 year period.

[zainii88]

I dont understand 180 days in 5 years or 180 days in 12 months ?

[CR001]

I dont understand 180 days in 5 years or 180 days in 12 months ?

You cannot have more than 180 days absence in ANY rolling 12 month period.

Previously, you could split the absence across 2 differen 12 month periods. You cannot do this anymore as I understand it.

[zainii88]

So it could be refusal if they checked in rollover
In another situation can i submit fps in admin review ?

[zimba]

I dont understand 180 days in 5 years or 180 days in 12 months ?

ANY gap that is more than 180 days

[zainii88]

I dont understand 180 days in 5 years or 180 days in 12 months ?

ANY gap that is more than 180 days

you mean to say no more 180 days in one period like we can go out 100 days in six month and then 100 days in another six month ?

[CR001]

So it could be refusal if they checked in rollover
In another situation can i submit fps in admin review ?

You cannot submit new evidence in AR.

[zimba]

you mean to say no more 180 days in one period like we can go out 100 days in six month and then 100 days in another six month ?

Imagine the 5 year period. Is there any consecutive gap of more than 180 days ANYWHERE ???? Then NOT GOOD, NO ILR