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Tier 1 Extension Refused Help Required

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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mudassartaj
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Tier 1 Extension Refused Help Required

Post by mudassartaj » Mon Apr 23, 2018 12:49 am

Hello Members!
I applied for an extension on 22-02-17
Interview on 19-09-17
Refusal received:16-04-18
Any help much appreciated
During ypur interview you were asked by the interviewing officer to provide details with regards to the nature of your business, who your customers are and what service you provide to them.

You responded by naming two of your clients; Xxx Limited and X Y Limited. You then stated that for X Y Limited you set strategies, aims and priorities. You then stated that you hold the progress and review and provide internal and external audits, and you also provide marketing and business plans. You stated that for Xxx Limited you do web design, market research and action plans.

Concerns are raised due to the fact that no details of Xxx Limited can be found on Companies House which match the details stated on your contract with them, or any details you provided about them during your interview.

There is a company named 'Xxx Ltd' on Companies House but their details differ significantly from the details shown on your contract.

The address for them on the contract provided shows as ABC, xxxxxx House, xxxxxx Road, Chelmsford, CM1 , and is signed by Mxxxxxxx. The address for Xxx Ltd 'Xxx Ltd' on Companies House shows as yyyyyy Road, Ilford Essex,and the director is shown as Xyz. In addition to this Companies House shows that 'Xxx Ltd' has not had any other trading addresses since it was incorporated on 10 June 2016. The fact that the above details differ in such a way raises concerns as to the credibility of your contract and the credibility of your business activity in United Kingdom as a whole.

In addition to the above, any Limited company in United Kingdom should be registered with Companies House and the fact that there is only an 'Xxx' listed on Companies House and your claimed client 'Xxx Limited' do not appear to be registered raises further concerns regarding the genuineness of your contract with them.

Following on from the above we are unable to find any other online presence for 'XxxLimited', such as website. The fact that you claime to have conducted web design for them but there is no evidence of them having a web presence further adds to our existing concerns.

Following on from the above you were asked to provide details of any market research you had carried out prior to investing in your business. You responded by stating that you researched local businesses such as X Atlantic Limited, to find out what they need and how you could provide it. When you were asked what the results of your market research were, you stated as follows:

"Very Positive, especially after brexit. All Companies are looking for staff and X Y Limited were very short on staff."

There ere concerns with the above responseprovided as you stated that X Y Limited were short on staff. This response does not correspond with the previous responses you provided and also the contracts you provided with regards to the nature of the work you claim to conduct. Your response gives the impression that you recruit staff for their business which raises conserns as this calls into question the previous responses you provided with regards to the type of work you carry out for your business.
Later on during your interviewyou were asked how long you had been trading from your business premises, to which you responded that you had been trading since May 2016. The visiting officer observed that there was no visible sign at your premises displaying your company name. You were then informed by the visiting officer that Companies House legislation states, " you must erect a sign showing your company name at your registered company address and whereever your business operates." You were then asked to explain why you have not chosen to comply with this requirement, to which you responded by stating that you were waitingfor a sign to be put up, but were not sure when this would be.

There are concerns that you claim to have been trading from your current address since May 2016 but still have no sign erected displaying your company name. By not doing this you are failing to comply with Companies House legislation. And in addition, we would expect you to display a sign in order to make your clients awareof your presence. Your apparent lack of awareness of the relevant legislation and your apparent lack of urgency to erect a sign further adds to our existing concerns regarding the credibilityof your business operations.

During your interview you were asked to provide details as to where your employees work from, to which you responded that they mostly worked from your business premises but occasionally worked from home. You were also asked to provide details regarding any health and safety requirements you have in place at your business premises, to which you responded that you had none. This adds to our existing concerns as we would expect you to have some health and safety requirements in place, especially if you have employees working at your premises
Thanks for reading a lengthy refusal as I want to mention that xxx ltd company does exist on company house as they pay their vat and I did say that I have given my sign board for ammendment and I do have internal health and safety as I don’t need need the compliance as I have a staff of two.
Please help me out thanx

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marcnath
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Re: Tier 1 Extension Refused Help Required

Post by marcnath » Mon Apr 23, 2018 7:33 am

Tough to help without knowing the details of your business.

1. You obviously got your visa sometime in 2014 and incorporated your business in May 2016. What were you doing for the two years in between ?
2. "xxx ltd company does exist on company house as they pay their vat " - what has one to do with the other ? How do you explain the address difference ?
3. "I did say that I have given my sign board for ammendment " - did you have some evidence for this. Orders and invoices for the original one, for example.
4. "I do have internal health and safety as I don’t need need the compliance as I have a staff of two" - this should be easy to argue and is not your main issue.
5. What exactly is your business ? The two clients seem to have different scope. Do you have other clients ?
6. How many employees do you have ? What are their roles ?
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Tier 1 Extension Refused Help Required

Post by ahsanalishah » Mon Apr 23, 2018 6:16 pm

mudassartaj wrote:
Mon Apr 23, 2018 12:49 am
Hello Members!
I applied for an extension on 22-02-17
Interview on 19-09-17
Refusal received:16-04-18
Any help much appreciated
During ypur interview you were asked by the interviewing officer to provide details with regards to the nature of your business, who your customers are and what service you provide to them.

You responded by naming two of your clients; Xxx Limited and X Y Limited. You then stated that for X Y Limited you set strategies, aims and priorities. You then stated that you hold the progress and review and provide internal and external audits, and you also provide marketing and business plans. You stated that for Xxx Limited you do web design, market research and action plans.

Concerns are raised due to the fact that no details of Xxx Limited can be found on Companies House which match the details stated on your contract with them, or any details you provided about them during your interview.

There is a company named 'Xxx Ltd' on Companies House but their details differ significantly from the details shown on your contract.

The address for them on the contract provided shows as ABC, xxxxxxx House, xxxxx Road, Chelmsford, CM1 , and is signed by XXXXXX. The address for Xxx Ltd 'Xxx Ltd' on Companies House shows as yyyy Road, Ilford Essex,and the director is shown as Xyz. In addition to this Companies House shows that 'Xxx Ltd' has not had any other trading addresses since it was incorporated on 10 June 2016. The fact that the above details differ in such a way raises concerns as to the credibility of your contract and the credibility of your business activity in United Kingdom as a whole.

Sorry to hear your refusal it is very strange so many refusals after interview. My view on this

1- it seems very strange that you were unable to provide the correct details on the contract not signed by the signatory.

In addition to the above, any Limited company in United Kingdom should be registered with Companies House and the fact that there is only an 'Xxx' listed on Companies House and your claimed client 'Xxx Limited' do not appear to be registered raises further concerns regarding the genuineness of your contract with them.

Following on from the above we are unable to find any other online presence for 'XxxLimited', such as website. The fact that you claime to have conducted web design for them but there is no evidence of them having a web presence further adds to our existing concerns.

2-Again this also a very week point to defend if you have designed someone website and that is not available for general people to find it on internet.
This definitely raised question genuine business contract.

Following on from the above you were asked to provide details of any market research you had carried out prior to investing in your business. You responded by stating that you researched local businesses such as X Atlantic Limited, to find out what they need and how you could provide it. When you were asked what the results of your market research were, you stated as follows:

"Very Positive, especially after brexit. All Companies are looking for staff and X Y Limited were very short on staff."

You should have this market research conducted before the brexit. if you did the research in 2014 how did this happens you know that brexit going to happens in two years time.
Hard to defend in AR

There ere concerns with the above responseprovided as you stated that X Y Limited were short on staff. This response does not correspond with the previous responses you provided and also the contracts you provided with regards to the nature of the work you claim to conduct. Your response gives the impression that you recruit staff for their business which raises conserns as this calls into question the previous responses you provided with regards to the type of work you carry out for your business.

This is not a strong reason of refusal easily defend in AR.
Later on during your interviewyou were asked how long you had been trading from your business premises, to which you responded that you had been trading since May 2016. The visiting officer observed that there was no visible sign at your premises displaying your company name. You were then informed by the visiting officer that Companies House legislation states, " you must erect a sign showing your company name at your registered company address and whereever your business operates." You were then asked to explain why you have not chosen to comply with this requirement, to which you responded by stating that you were waitingfor a sign to be put up, but were not sure when this would be.

As per company house regulation if you trading from home then it is not mandatory requirements but if from commercial address you should have the company sign board.

There are concerns that you claim to have been trading from your current address since May 2016 but still have no sign erected displaying your company name. By not doing this you are failing to comply with Companies House legislation. And in addition, we would expect you to display a sign in order to make your clients awareof your presence. Your apparent lack of awareness of the relevant legislation and your apparent lack of urgency to erect a sign further adds to our existing concerns regarding the credibilityof your business operations.

Your answeres you have ordered this signs board and waiting for delivery (It may lead them that you just order it for the interview and again your business genuineness was concerned)
During your interview you were asked to provide details as to where your employees work from, to which you responded that they mostly worked from your business premises but occasionally worked from home. You were also asked to provide details regarding any health and safety requirements you have in place at your business premises, to which you responded that you had none. This adds to our existing concerns as we would expect you to have some health and safety requirements in place, especially if you have employees working at your premises
Thanks for reading a lengthy refusal as I want to mention that xxx ltd company does exist on company house as they pay their vat and I did say that I have given my sign board for ammendment and I do have internal health and safety as I don’t need need the compliance as I have a staff of two.
Please help me out thanx
My take on this is to please go for AR then submit fresh application by removing all these refusal points. AR approval chances are low. but try your luck.

Your interview didn't went well. But this is not end of life. Try your luck in AR then go for fresh application by removing all these points.

mudassartaj
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Re: Tier 1 Extension Refused Help Required

Post by mudassartaj » Mon Apr 23, 2018 6:47 pm

marcnath wrote:
Mon Apr 23, 2018 7:33 am
Tough to help without knowing the details of your business.

1. You obviously got your visa sometime in 2014 and incorporated your business in May 2016. What were you doing for the two years in between ?
2. "xxx ltd company does exist on company house as they pay their vat " - what has one to do with the other ? How do you explain the address difference ?
3. "I did say that I have given my sign board for ammendment " - did you have some evidence for this. Orders and invoices for the original one, for example.
4. "I do have internal health and safety as I don’t need need the compliance as I have a staff of two" - this should be easy to argue and is not your main issue.
5. What exactly is your business ? The two clients seem to have different scope. Do you have other clients ?
6. How many employees do you have ? What are their roles ?
Hello!

1.The company I had a contract was incorporated in May 2016 ...not my company.
2. The nature of my business is Marketing consultancy.
3. I do have the bank transaction and all the services I provided to prove.
4.Their trading address was in Chelmsford and their registered address on company house in Ilford and it was mentioned.
5. I designed their website and my contract was till December 2017, and home Office didn’t find their presence and n April 2018.As in April they relocated on different office in the same building and their changed their hosting so I designed their website as I was not responsible for their hosting.
6.The interviewers were talking about the general market conditions after the Brexit.
Market research was carried out in 2013.
7. I do have previous invoices of my sign board.
8.I do have all the invoices with my clients whom I provided services.

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Re: Tier 1 Extension Refused Help Required

Post by ahsanalishah » Mon Apr 23, 2018 8:54 pm

The problem is you should have supplied this information at the time of interview? Did you supplied this information?

if you have all these documentary information ready then send these documents over to HO with your AR. If HO consider these additional evidence then there is a huge chances of Success in AR.

I still cant understand the market research part as it conducted in 2013 and your get results of Br-exit before the referendum? This is a worrying point for me. What do you mean by general discussion?

If your AR still negative then as you have mentioned you got the previous invoices of sign boards that would certainly help you in fresh application & JR. You can either have a letter from the company you had website designing contract as an additional supporting evidence to prove yourself and your business activities with them genuine or send the bank statements highlight with the payment received from this client . I still believe in AR they may not consider these additional documents. In fresh application certainly you can add these documentary evidence to get your visa Approved.

Even this could also help you in JR but it is yours own choice what would you prefer?

mudassartaj
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Re: Tier 1 Extension Refused Help Required

Post by mudassartaj » Mon Apr 23, 2018 10:10 pm

I did show him all the invoices and the worrying thing you are saying about Brexit is ... he generally said that how is market after the Brexit and I said to him that people are short of staff and I provide consultancy to the sales team and he got the perception that I recruit the staff for them that was all.
And I do have all the previous invoices of my sign board.

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Re: Tier 1 Extension Refused Help Required

Post by miumiuuk » Mon Apr 23, 2018 10:56 pm

you should have had provided the decent companies in the interview. According to other members posts and experience, HO used to question and refused entrepreneurs had done businesses with dormant companies.Yours are even worse, you did business with the companies that cannot be found on company house? You might need to provide more contracts with registered companies to make them believe your business genuineness. these two companies were not your major clients.

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marcnath
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Re: Tier 1 Extension Refused Help Required

Post by marcnath » Mon Apr 23, 2018 11:04 pm

mudassartaj wrote:
Mon Apr 23, 2018 6:47 pm
marcnath wrote:
Mon Apr 23, 2018 7:33 am
Tough to help without knowing the details of your business.

1. You obviously got your visa sometime in 2014 and incorporated your business in May 2016. What were you doing for the two years in between ?
2. "xxx ltd company does exist on company house as they pay their vat " - what has one to do with the other ? How do you explain the address difference ?
3. "I did say that I have given my sign board for ammendment " - did you have some evidence for this. Orders and invoices for the original one, for example.
4. "I do have internal health and safety as I don’t need need the compliance as I have a staff of two" - this should be easy to argue and is not your main issue.
5. What exactly is your business ? The two clients seem to have different scope. Do you have other clients ?
6. How many employees do you have ? What are their roles ?
Hello!

1.The company I had a contract was incorporated in May 2016 ...not my company.
2. The nature of my business is Marketing consultancy.
3. I do have the bank transaction and all the services I provided to prove.
4.Their trading address was in Chelmsford and their registered address on company house in Ilford and it was mentioned.
5. I designed their website and my contract was till December 2017, and home Office didn’t find their presence and n April 2018.As in April they relocated on different office in the same building and their changed their hosting so I designed their website as I was not responsible for their hosting.
6.The interviewers were talking about the general market conditions after the Brexit.
Market research was carried out in 2013.
7. I do have previous invoices of my sign board.
8.I do have all the invoices with my clients whom I provided services.
The refusal letter said you were operating from the current premises from May 16. Where were you operating from before ?
You didn’t answer some of the other questions
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

mudassartaj
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Re: Tier 1 Extension Refused Help Required

Post by mudassartaj » Mon Apr 23, 2018 11:15 pm

I was operating from home before May 2016 and I did provide the contracts with the other companies and all the accounts matched with bank statement and I did show them the amendment sign board invoices and ...miumiuuk I hadn’t used any dormant company as this company is currently active and they do pay their VAT and a proper registered company and these two companies are proper major companies and showed more contracts and invoices.

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marcnath
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Re: Tier 1 Extension Refused Help Required

Post by marcnath » Tue Apr 24, 2018 10:23 am

marcnath wrote:
Mon Apr 23, 2018 11:04 pm
5. What exactly is your business ? The two clients seem to have different scope. Do you have other clients ?
6. How many employees do you have ? What are their roles ? How long have they been employed ?

The refusal letter said you were operating from the current premises from May 16.
Where were you operating from before ?
When did you start your business ?
What has the revenue/profit been in the past three years ?
With more of a background, it may be possible to guide the AR arguments. But without the answers, I have no idea what to suggest.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Tier 1 Extension Refused Help Required

Post by ahsanalishah » Tue Apr 24, 2018 11:42 am

Yes he should have tell us the background of his application and business nature and his exact answers to complacence officer. By just typing the refusal points none can help him correctly to draft the AR. please tell us the background;
and also why you think these refusal points are not correct?
what was your exact answers to these interview questions.?
Health and safety?
signs broads?
Market research?
Business Contracts ? etc

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kaps84
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Re: Tier 1 Extension Refused Help Required

Post by kaps84 » Tue Apr 24, 2018 12:38 pm

Reading the information you have provided so far.. it seems to move in the right direction for AR. You need to keep replying to the questions and you will receive better guidance from seniors with regards to AR.

Why do you think the refusal is not correct point by point?
-- Kaps84

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Re: Tier 1 Extension Refused Help Required

Post by mudassartaj » Tue Apr 24, 2018 1:05 pm

1.The home Office say the company doesn’t exist on company House website at their company name ends with like “ltd” not Limited and their registered address was different from their trading address so I do have a client reference letter.

2.Compliance Officer asked me have you done the market research before incorporating your business and I did reply yes.

3.Brexit was a general discussion and they affiliated with the other company.

4. The sign board was given for an amendment as previously I did had the sign board and a proof of invoices.

5.The contract was signed by the authorised manager why not with the director.
6.They asked me do you have health and safety and I said yes and then he said do you have a compliance of health and safety I said no as I do have internal health and safety as I have a staff of two and did show him fire exit and fire extinguishers.

7.They also raised a point we have a concern that office is small as the office was 17 feet 5 inches long any 10 feet 5 inches width.

8.The nature of the is marketing consultancy.

9.Employees are still working since 2015 and the total staff of three as 2 were full time and one was part time.

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Re: Tier 1 Extension Refused Help Required

Post by kaps84 » Tue Apr 24, 2018 1:09 pm

miumiuuk wrote:
Mon Apr 23, 2018 10:56 pm
you did business with the companies that cannot be found on company house?
@miumiuuk, client not found on the companies house is possible (if its not a limited company but a partnership). @Seniors to confirm!
-- Kaps84

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Re: Tier 1 Extension Refused Help Required

Post by miumiuuk » Tue Apr 24, 2018 3:47 pm

kaps84 wrote:
Tue Apr 24, 2018 1:09 pm
miumiuuk wrote:
Mon Apr 23, 2018 10:56 pm
you did business with the companies that cannot be found on company house?
@miumiuuk, client not found on the companies house is possible (if its not a limited company but a partnership). @Seniors to confirm!
thanks for the information. I would like to learn how to do that. Seems a good way to hide personal and the company information from the public.

op confirmed the companies are properly registered with company house.That's good stuff. Background check with those companies was inaccurate, and it led to the wrong judgement by HO.You can easily overturn the refusal point.

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Re: Tier 1 Extension Refused Help Required

Post by nali78 » Tue Apr 24, 2018 4:46 pm

Have recieved Ihs refund before refusal ?

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Re: Tier 1 Extension Refused Help Required

Post by mudassartaj » Wed Apr 25, 2018 11:20 am

No IHS refunded yet.

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Re: Tier 1 Extension Refused Help Required

Post by ahsanalishah » Wed Apr 25, 2018 12:37 pm

mudassartaj wrote:
Tue Apr 24, 2018 1:05 pm
1.The home Office say the company doesn’t exist on company House website at their company name ends with like “ltd” not Limited and their registered address was different from their trading address so I do have a client reference letter.

2.Compliance Officer asked me have you done the market research before incorporating your business and I did reply yes.

3.Brexit was a general discussion and they affiliated with the other company.

4. The sign board was given for an amendment as previously I did had the sign board and a proof of invoices.

5.The contract was signed by the authorised manager why not with the director.
6.They asked me do you have health and safety and I said yes and then he said do you have a compliance of health and safety I said no as I do have internal health and safety as I have a staff of two and did show him fire exit and fire extinguishers.

7.They also raised a point we have a concern that office is small as the office was 17 feet 5 inches long any 10 feet 5 inches width.

8.The nature of the is marketing consultancy.

9.Employees are still working since 2015 and the total staff of three as 2 were full time and one was part time.
ohh dare that mean you are the victim of poor judgement and poor understanding of the caseworker. i belive these points can be overturn if whatever you have written above is true and you had explained this as is it during the interview.
you should have asked for the interview transcript. That would help you for fresh application & JR.

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Re: Tier 1 Extension Refused Help Required

Post by miumiuuk » Wed Apr 25, 2018 1:30 pm

mudassartaj wrote:
Tue Apr 24, 2018 1:05 pm
1.The home Office say the company doesn’t exist on company House website at their company name ends with like “ltd” not Limited and their registered address was different from their trading address so I do have a client reference letter.

so they thought "ABC ltd " was different from "ABC limited"??? lol damn, was this Case worker able to complete A level? Send them back to school. Don't let the idiots ruin the country.Complain seems not working now, as HO still keeping the newbie's officers in a crucial position to make a final judgment. maybe try to file a complain againt this caseworker still,or bring this to the media


2.Compliance Officer asked me have you done the market research before incorporating your business and I did reply yes.
Tell them market research is useless for a company has been running over 3 years.sugest them take this question off to the questionnaire.

3.Brexit was a general discussion and they affiliated with the other company.

4. The sign board was given for an amendment as previously I did had the sign board and a proof of invoices.

5.The contract was signed by the authorised manager why not with the director.
you need to prove, the manager is the right the person to sign a contract on behald of the company.

6.They asked me do you have health and safety and I said yes and then he said do you have a compliance of health and safety I said no as I do have internal health and safety as I have a staff of two and did show him fire exit and fire extinguishers.
buy one asap, this is compulsory by law and only cost hundred pounds.

7.They also raised a point we have a concern that office is small as the office was 17 feet 5 inches long any 10 feet 5 inches width.

i don't know how to argue this.sorry. silly refusal point by a newbie

8.The nature of the is marketing consultancy.

9.Employees are still working since 2015 and the total staff of three as 2 were full time and one was part time.

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Re: Tier 1 Extension Refused Help Required

Post by kaps84 » Wed Apr 25, 2018 4:42 pm

miumiuuk wrote:
Wed Apr 25, 2018 1:30 pm

buy one asap, this is compulsory by law and only cost hundred pounds.
Hi @miumiuuk, Could you please elaborate on this a bit? Can we H&S compliance?
-- Kaps84

miumiuuk
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Re: Tier 1 Extension Refused Help Required

Post by miumiuuk » Wed Apr 25, 2018 5:32 pm

kaps84 wrote:
Wed Apr 25, 2018 4:42 pm
miumiuuk wrote:
Wed Apr 25, 2018 1:30 pm

buy one asap, this is compulsory by law and only cost hundred pounds.
Hi @miumiuuk, Could you please elaborate on this a bit? Can we H&S compliance?
I don't see any reason to void business insurance?

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Re: Tier 1 Extension Refused Help Required

Post by kaps84 » Thu Apr 26, 2018 10:23 am

With no intention to high-jack the OP's thread but just for the clarification purposes:

Sorry but with my initial question, i meant 'Can we buy H&S compliance?'
miumiuuk wrote:
Wed Apr 25, 2018 5:32 pm
kaps84 wrote:
Wed Apr 25, 2018 4:42 pm
Hi @miumiuuk, Could you please elaborate on this a bit? Can we (word missed) H&S compliance?
I don't see any reason to void business insurance?
Having read your response, it seems you are confusing the H&S compliance with business insurance. Business insurance does not cover H&S (Health & Safety). Please correct me if I am wrong or maybe you meant something else?
-- Kaps84

miumiuuk
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Re: Tier 1 Extension Refused Help Required

Post by miumiuuk » Thu Apr 26, 2018 12:58 pm

kaps84 wrote:
Thu Apr 26, 2018 10:23 am
With no intention to high-jack the OP's thread but just for the clarification purposes:

Sorry but with my initial question, i meant 'Can we buy H&S compliance?'
miumiuuk wrote:
Wed Apr 25, 2018 5:32 pm
kaps84 wrote:
Wed Apr 25, 2018 4:42 pm
Hi @miumiuuk, Could you please elaborate on this a bit? Can we (word missed) H&S compliance?
I don't see any reason to void business insurance?
Having read your response, it seems you are confusing the H&S compliance with business insurance. Business insurance does not cover H&S (Health & Safety). Please correct me if I am wrong or maybe you meant something else?

sorry, I thought these are all coverd by business insurance.

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