Urgent refusal

[1bradymate]

Hi I just noticed my wife’s passport is expired and we applied for Ar what should I do. Thanx

[Momi]

Hi I just noticed my wife’s passport is expired and we applied for Ar what should I do. Thanx

Don't worry about her passport.
It only matters when apply for visa but your wife passport is already with home office so your wife can renew it once you get approval.

[1bradymate]

Hi

Just want to know I have applied for AR and if AR get rejected do I need to resign as Director and and also my dependent wife also have to resign from her job or if I apply fresh application she can work

[Momi]

Hi

Just want to know I have applied for AR and if AR get rejected do I need to resign as Director and and also my dependent wife also have to resign from her job or if I apply fresh application she can work

When you completing your 10 years?
You seriously need professional advice. You know nothing about this category.
You don't need to resign but yes your wife right to work will end until you get approval.

[1bradymate]

I know at least this that I can’t be on payroll of my company and my wife has to resign tell me if I m wrong

[1bradymate]

We want to highlight that Home Office made a mistake in considering the dates as they have mentioned 10/09/2017 but it was 10/09/2014. Home office also wrongly calculates the total of £21406.80 which was returned during September 2016 to November 2017 to XYZ LTD

In fact, there was £21551.00 was returned to XYZ LTD between July-2014 to July-2016 as purchase of telecom vouchers. There was no other payment was returned except refund of overpayment of invoice. We can provide an evidence to justify if required by the home office.


Question No (37) - Mr A has answered referring the transaction dated 10/09/2014 which was returned to XYZ ltd with amount of £1541.80. Same amount was received twice on 15/08/2014 and 03/09/2014 from XYZ ltd so it was supposed to be returned as overpayment and it was refunded on 10/09/2014 to XYZ ltd . We don’t think returning overpayment would add a doubt or any concerns to the genuineness of the business.

Mr B has answered covering the transaction referred during 2014 and 2016 where they were buying the vouchers to sell along with promotion. When they made their first application for Tier 1 entrepreneur, it was refused because of confusion in trading activity which was mainly promotion and marketing but also include the sales and purchase of telecom voucher which was later clarified during appeal process and home office grant the permission to continue business.

Since then they have been gradually decided to reduce the sales of the voucher and will only focus on promotion and marketing of the telecom products of their


Please check macgrath this is justification we have for the point you highlighted for AR

[marcnath]

Yes, it looks like you have a good justification and the explanations look good.

[1bradymate]

Hi
Just want to know macgrath if my AR Refused And apply fresh application With in 14 days , I still have 2 employees working with me and my 5 year is finishing In jan 19 so if my fresh application stays under process till Dec 19 can I vary to ilr or I have to get approval

[marcnath]

Hi
Just want to know macgrath if my AR Refused And apply fresh application With in 14 days , I still have 2 employees working with me and my 5 year is finishing In jan 19 so if my fresh application stays under process till Dec 19 can I vary to ilr or I have to get approval

That is not absolutely clear, but I think you can. At least there have been many cases in this forum where a pending extension application was successfully varied to ILR. Though these were varying it to 10 year ILR, the rules should be the same, so I think varying it to 5 year ILR should be fine too.

[1bradymate]

Thanx macgrath an also have question on employment one employee for 12 month one employee 4 month and one for 8 month considered

[marcnath]

Thanx macgrath an also have question on employment one employee for 12 month one employee 4 month and one for 8 month considered

It is not employees that matter, but jobs.

[1bradymate]

I mean combined jobs

[1bradymate]

Hi
Zimba also please put some input for my chances

[1bradymate]

I think once my AR refuses I will be treated overstayer even if I apply fresh application within 14 days so if my fresh application is pending till Dec and if I satisfied job requirement can I vary to ilr please zimba macgrath is there any way we can confirm this for sure

[marcnath]

I think once my AR refuses I will be treated overstayer even if I apply fresh application within 14 days so if my fresh application is pending till Dec and if I satisfied job requirement can I vary to ilr please zimba macgrath is there any way we can confirm this for sure

There is no way to confirm for sure but reading the rules I am more than 75% confident that it can be done.

[1bradymate]

Hi

We have applied for AR but in case AR refuses and my partner apply for ilr on 10 years can I go to JR alone

[1bradymate]

Please macgrath reply

[marcnath]

Hi

We have applied for AR but in case AR refuses and my partner apply for ilr on 10 years can I go to JR alone

Yes, you can go on JR on your own.

[1bradymate]

Macgrath we are waiting for AR and my wife’s passport expired and if AR refuses and we decide to leave country what will happen and if we apply fresh application should I renew passport

[marcnath]

Macgrath we are waiting for AR and my wife’s passport expired and if AR refuses and we decide to leave country what will happen and if we apply fresh application should I renew passport

Talk to your embassy to check for the options.

[arnomarga]

Hi,

I have read your refusal and it seems you are in really tough position to justify your situation.

Regarding the different answers for advertisement costs should not be a tough one as a business owner your main focus is to growth and smoothly run the business so you can explain this easily.

What about not showing these marketing expenditures in your accounts?

My accountant ask me about every single transaction in our bank statement and then he put those under their heads plus he wants to see the original receipts but you can combine same kind of expenses into one head e.g Marketing, Advertisement, Website, Leafleting etc.,

Did your accountant display those expenditures somewhere in your unaudited accounts? But still it should not raises concerns with regards to the credibility of your unaudited accounts.

As per HO refusal letter:

We do not find this response credible, as your business bank statements show a total of £21.406.80 being transferred to XYZ Ltd between September 2016 and November 2017. We would therefore not expect you client to over pay you by such a significant amount.

Its a bit strange and not realistic that your client made such a big over payment and then it took you so many months to return?

Every month we receive payments from our clients and only once one of our clients make a double payment due to some glitch in their online banking which was returned very next day. Sometimes we have to buy equipments for our clients and if the payment is above £5k they need the approval from the directors.

Once I have to attend a civil case hearing for my friend and YES court takes spelling mistakes seriously and doubt your credibility but don't know if HO takes this seriously.

Your best bet would be if you can provide any documentary evidence of this overpayment to your client.

Best of Luck!!!

[1bradymate]

We have justified all the points in genuine way we have not reverse all this money but we actually bought stock from them as we also do buying and selling business which we showed in initial application they refused and lately we clear our business model in court and home office permitted and about website during interview we clearly mention that we don’t rely on website as we are only focusing on one major client

[marcnath]

We have justified all the points in genuine way we have not reverse all this money but we actually bought stock from them as we also do buying and selling business which we showed in initial application they refused and lately we clear our business model in court and home office permitted and about website during interview we clearly mention that we don’t rely on website as we are only focusing on one major client

Of course, you have the option to pursue this in a JR. Depends on your confidence level - since it is an expensive route, it is something to be decided with care.
I am sure the genuineness test requirement and its evaluation will be challenged in court, but it is a question of who will take the risk.
I wouldn't be surprised if HO would reverse its decision when challenged.
This can go on in parallel to your fresh application if that is what you are pursuing.

[1bradymate]

Hi macgrath

Incase my AR refuses I am planning to apply JR and Fresh Application together within 14 days but my question is do I need to send all the documents again which they already have or just add up since I applied

[marcnath]

Hi macgrath

Incase my AR refuses I am planning to apply JR and Fresh Application together within 14 days but my question is do I need to send all the documents again which they already have or just add up since I applied

You need to send all documents again except for the originals that cannot be obtained such as passports etc