Tier 1 Entrepreneur refusal - Job creation matter

[Faheemryk]

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone

Partial refund, in most cases, means visa approval. congratulations in advance

[HMG]

Hi
I received today £200 the refund of the Health Surcharge. Did not receive the AR decision yet but will update you when I receive it.

Thank you HMG. Is a refund generally a good sign? What does it mean?

You welcome. Not sure but the general advice is to wait for the decision, once I got it will update everyone

Partial refund, in most cases, means visa approval. congratulations in advance

Thanks a lot and I hope it is as you said

[HMG]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

[marcnath]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

And it is going to be a relief to others who have been on the 120 hrs/month for FT.

I expect HO to update the documents, but until then you have shown there is hope for those who only have 120 hrs/month.

[HMG]

I had three points relied on for my AR

First the 120 hours/ month
Second transitional period
Third in the interview I gave them more payslips to proof the two jobs is maintained after I submitted the application.

In addition to this: I submitted with my extension application, more payslips for employees who worked for me but for another company. I did not claim any employment of them because I thought the employment of the other company is enough. I did not mention this in the AR but who knows, they might consider this themselves, specially I submitted all the relevant documents of the second company with the extension application.

This was my whole package to defend my application against the decision.
I did not receive any letter yet to tell which one they overturned the decision for and if I got any, I will share the content so others can benefit from it.

The most important point I got from what happened is, there is still a hope with the AR, as I personally and like many others thought they would never overturn there decision for any reason.

The last thing, my advice to everyone is to seek advice form more than one solicitor, in addition to the advices from the reliable websites like this respected website. I am saying this because my AR was a combination of two ARs I got from two different solicitors and I combined them together to come up with a better one.

[HMG]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

And it is going to be a relief to others who have been on the 120 hrs/month for FT.

I expect HO to update the documents, but until then you have shown there is hope for those who only have 120 hrs/month.

Thanks a lot. I contacted the HO and they said they took note of the point of 120 hours per month, and they said they will consider this with the new update. I think they will remove it as they prefer the 30 hours/ week, so let's see what will happen in the new update of the guidance

[zimba]

Congratulations. That is very good news.
As the full time requirement is 30 hours per week, the monthly calculations are contradictory to this rule. 120 hours is misleading number as a month is not 4 weeks. I believe this will be removed later

[Faheemryk]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations ... as I said

[tier1entrepreneur-A]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

All my best wishes for you, you should be close to apply for ILR, which you should start preparing for it

Congratulations.

[miumiuuk]

Congrats.
And thank you for sharing your experiences.

[HMG]

Congratulations. That is very good news.
As the full time requirement is 30 hours per week, the monthly calculations are contradictory to this rule. 120 hours is misleading number as a month is not 4 weeks. I believe this will be removed later

Thanks a lot. Yes it is contradictory. I think you are right, they might remove it soon. I contacted HO regarding it and they said they will consider this feedback.

[HMG]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations ... as I said

Thanks a lot. Yes as you said

[HMG]

Thanks God then thanks to all of you, the Admin Review succeeded and the decision overturned. I received my visa today.

Congratulations !! Very happy for you.

All my best wishes for you, you should be close to apply for ILR, which you should start preparing for it

Congratulations.

Thanks a lot. Yes around a year so I will start to prepare soon

[HMG]

Congrats.
And thank you for sharing your experiences.

Thanks a lot. You welcome

[mshakeel2002]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

[zimba]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

You cannot add new documents in AR. AR will be based on what you submitted

[marcnath]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

There seems to be two separate issues in your question.
1) Will payslips generated after application be considered ? - the answer to that is Yes based on various cases reported in this forum. Documents submitted very close to decision date still seem to have been taken into account.
2) Will additional documents submitted AFTER DECISION be considered in an AR ?- the answer to that is very clearly NO.

[mshakeel2002]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

There seems to be two separate issues in your question.
1) Will payslips generated after application be considered ? - the answer to that is Yes based on various cases reported in this forum. Documents submitted very close to decision date still seem to have been taken into account.
2) Will additional documents submitted AFTER DECISION be considered in an AR ?- the answer to that is very clearly NO.

Thanks , so what you are saying is that any document generated DURING application is in process which can help in obtaining visa , if sent to HO in shape of additional documents BEFORE HO has given any decision is accepted and considered by HO.... Here i am talking about FPS & Payslips.

[marcnath]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

There seems to be two separate issues in your question.
1) Will payslips generated after application be considered ? - the answer to that is Yes based on various cases reported in this forum. Documents submitted very close to decision date still seem to have been taken into account.
2) Will additional documents submitted AFTER DECISION be considered in an AR ?- the answer to that is very clearly NO.

Thanks , so what you are saying is that any document generated DURING application is in process which can help in obtaining visa , if sent to HO in shape of additional documents BEFORE HO has given any decision is accepted and considered by HO.... Here i am talking about FPS & Payslips.

Yes, that's right. That is how it seems to have been working.
However, it is not a guaranteed thing.
The immigration rules only require the CW to take into account documents available before the application is CONSIDERED.


Section 245AA (a) says:
the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.

Date the application is considered IS NOT necessarily the date that it is decided.

So, generally, yes documents submitted during the application process will be taken into account but make sure you send them as early as possible.

[HMG]

Hi:
Congratulations,
Do you have any authentic information that any payslips generated AFTER application is submitted is considered in AR towards jobs creation?

Thanks

Thanks a lot,

For AR, you can not submit any extra documents. You just can ask them to consider any documents you submitted with your application but they did not consider.

[HMG]

I want to explain a very important point which is, I did not submit only 120 hours a month for every job, I submitted hours more than the required, but the only issue was, how we combined them and how the CW decided to combine them. I am saying this because I consulted around 5 solicitors between paid ones and friends, regarding my case, and all of them told me that, the decision of the refusal is wrong; and all of them were very confident that the decision will be overturned.

I am saying this because I do not want anyone to misunderstand this thread and claim just 120 hours a month per job then get refusal, although the guidance is saying this, but they do not seem to apply it. To be in the safe side, submit 130 hours a month for 12 months per job or 30 hours a week for 52 weeks per job.

[HMG]

For job creation points, my advice is as below

Firstly, follow the weekly method 30 hours per week or 130 hours a month
Secondly, if you are not a post April 2014 so make sure you created two jobs for at least 12 months which is 52 weeks each
Thirdly, Jobs are not employees so make sure the jobs are there and move the employees the way you like
Fourthly, Try to create the jobs for a bit more than the minimum requirement so if something went wrong so you have spare that you can use to redeem what you missed
Fifthly, always ask for second opinion and never leave yourself fully to one solicitor, as they are human too, and they do mistakes.
Sixthly, Your cover letter of your application is around 25% of the decision, so explain anything you need to explain there. And highlight whatever you want the CW to give extra care. In addition to, clarify in it anything that might lead to any confusion.
Seventhly, the interview is not a bad thing, it is a very good opportunity to proof yourself and give extra confident to the CW to offer you the visa, and also a good chance to submit any extra documents that might help you to get the visa (Is not guaranteed that they will consider the documents in that case, but no harm to try); just prepare well for the interview and do not stress yourself about it.
Finally, consider the other points that stated in the guidance, this website or any other authentic website.

[mshakeel2002]

Thirdly, Jobs are not employees so make sure the jobs are there and move the employees the way you like

If one company has two branches , can one JOB be split in two branches, E.g. in leeds an admin officer is hired for 6 months and in london another admin officer is hired and he works for 6 months, although total will be 12 months, but will it be considered as one job since its split in two locations?

[marcnath]

Thirdly, Jobs are not employees so make sure the jobs are there and move the employees the way you like

If one company has two branches , can one JOB be split in two branches, E.g. in leeds an admin officer is hired for 6 months and in london another admin officer is hired and he works for 6 months, although total will be 12 months, but will it be considered as one job since its split in two locations?

It is up to you to justify it. I don't see why not - companies can have jobs with flexible location and hire the best person at the location that fits. Or there may be a business reason to move the job from one location to another - it is still the same job.
You can expect HO to question it, but I can't see it as an automatic reason to refuse that as one job

[HMG]

Thirdly, Jobs are not employees so make sure the jobs are there and move the employees the way you like

If one company has two branches , can one JOB be split in two branches, E.g. in leeds an admin officer is hired for 6 months and in london another admin officer is hired and he works for 6 months, although total will be 12 months, but will it be considered as one job since its split in two locations?

Did you mean the two jobs will exist at the same time for 6 months in two branches; or you meant 6 months at a branch then at the end of the 6 months the job will be moved to another branch. I am not expert but I think if you clarify this, the moderators will be able to help you more I guess