Post
by Faheemryk » Wed Jul 11, 2018 8:35 pm
My visa extension application has been refused based on genuineness. Following are three refusal points. My business provides accounting, finance and tax tuition to university students and professional chartered accountancy students. Business provides face to face private tuition to students. Each job/student is different from others. We also provide online lessons using Skype and MS Office.
Here’s what refusal letter states:
Your application has been refused for the following reasons under PARA 245 DD(I) (iv) (v)
The Compliance Officers asked you to show them your lessons plans you were unable to do so. You were also unable to show them evidence of any tutoring you had provided to any of your students slnce your buslness began.We have concerns as to whether you are operating a private tuition business especially as you were unable to show the Compliance Officers any evidence of teaching students, and you were unable to show them any teaching materials, any evidence of marking students work, any work students had done for you or any lessons plans.
Given all of the above we do not consider your business activity is credible.
Compliance officer asked me for lesson plan, I provided her a sample lesson plan for one student. I also showed and printed rough schedule on an excel sheet, I gave it to compliance officer during the interview. That excel sheet shows date, lessons, names of students and times when lessons were scheduled.
Compliance officer didn’t ask me specifically for work done for students. If she would have asked, I have loads of work evidence that I did for students. Each student/job is separate from each other. Most students buy only 2,4,6 hours lesson. Few buy more than 10 hours lesson. Lessons are focused on individual learning needs of students, and these things were explained to compliance officer during interview.
(v) the credibility of the job creation for which you are claiming points
You stated you also employ Employee 1 for 20 hours a week, although she was not present during compliance visit. However we have concerns about your claim because when Compliance Officers asked to see evidence of work she had undertaken you could only show reports stated to have been created by Employee 1 and the Compliance Officers observed that these reports did not demonstrate 20 hour a week of work
I provided them with SAMPLES of work done by employee 1. I told clearly to compliance officer that these are samples of work done by employee 1. I gave her print out as evidence of maintaining our business online advertisements. I also emailed them samples of sales revenue reports produced by employee 1. I was supposed to send samples, and I sent samples, I was not supposed to send all the work produced by employee 1.
During the visit Compliance Officers asked you to provide employee records and documentation for all of your employees, both current and previously employed. However you were unable to show Compliance Officers employees sick records and annual leave records because you do not keep them and you could not show Compliance Officers proper employee attendance records. We have concerns as to why you could not provide this information as consider it a reasonable expectation that employers would be able to show these type of employee records to our during their announced visit.
Yes, I didn’t had employees sick and annual leaves records. However, I showed compliance officer proofs of email communication where employee 1 asked approval for holidays, not sure if compliance officer noted that down properly in interview or not.
During the compliance visit you stated to Compliance Officers that you continue to employ Employee 2 , although she was not present during the compliance visit. You stated that Employee 2 worked for you for 30 hours a week as a tutor but at the present time she was only working about 20 hours a week. You stated she work as a tutor but she currently only had one student called George. However, when Compliance Officer asked you to show them evidence of Employee 2 's tutoring work including any lessons plans she had made for her current student or her previous students you were unable to do so.
Employee 2 came back from abroad just hours before my interview. I gave print out of her ticket to compliance officer. Yes, she had one permanent student George, but I informed compliance officer that we keep receiving student’s enquiries, students take 1,2 lessons, and if their topics are covered, they are gone.
You confirmed that Employee 2 had been a co- director of your company since 2012 but she did not have much effect on the business (q 10) and she resigned her directorship on 17 April 2016. You then state you re-employed her the next day to work for you in an admin role and as a tutor but you also stated to the Compliance Officers that you were still having to train her
She didn’t had much effect on the business. This is a self-drawn conclusion by compliance officer. I told her that I lead business, employee 1 has a supporting role. She tutors upto 1st year students because she s an MBA, not a qualified accountant. I am ACCA affiliate. I tutor at 2nd year, 3rd year , postgraduate, ACA,ACCA,CIMA levels. I am training her for university 2nd and 3rd year tutoring. The conclusion drawn by compliance officer was totally misleading.
We have concerns as to why you would re-employ Employee 2 in an admin role and as a tutor the day after she resigned her directorship when you think she had not had much impact on the business. We have concerns as to why you would have employed Employee 2 as a tutor when you informed Compliance Officers that (two years after she resigned her directorship) you were itill having to train her. We also have concerns as to why your students would want to be tutored by Employee 2 and pay your students tuition fees of {35 to L70 per hour, when she still requires training.
She had not much impact on business? I never said anything like that during interview. As far training is concerned, I explained compliance officer that in our job, we keep learning, so I need to keep polishing communication and tutoring skills, my self and for the other tutor as well. I told them that, in this job, you are always learning.
In view of the above we do not consider that your job creation is credible. Based on the above consideration the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DD(k) when assessing, on the balance of probabilities, the points listed at paragraph 245DD(l) of the Immigration Rules.
I must add that my interview went very well. My marketing was very strong, I had online gumtree ads, our business website, google adwords, then we are working with at four five different tutoring websites who arrange students for us. We have spent significant amount of money on google adwords, commission paid to third parties, I had evidence of that, emailed to compliance officer, showed her how do we manage online ads and get students. We sent them lots of invoices on their request that shows, level of qualification, and topics covered. I had hundreds of students email communication and samples of work done. If compliance officer meant STUDY MATERIAL by LESSON PLAN, then these are two different things. I could have easily shown her that evidence but she didn’t specifically asked me.
I am going to file admin review now. Please help me. You valuable advice will be appreciated. I was very confident after my interview that I’ll be successful in getting my visa extension. However, I am very depressed after getting this refusal.
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