Fresh application after a refusal

[randolfcarter]

Dear all,
I got refused my extension of a 50K route. I applied for AR but that was refused as well. They had two problems with the application. One is maintenance (I missed the fact that one of my barclays printouts doesn't have a date). Another could have been solved by them requesting a newer document based on publicly available information (I somehow sent an old companies house appointment report and it shouldn't be older than 3 months obviously). I received the rest of the point so I believe that a fresh application with fixes for the aforementioned can be successful.
I have a couple of questions though:
- D1. What is your current immigration status in the United Kingdom? Not sure what to write here. In fact Section D overall is slightly confusing. Like D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave? is clearly yes as I'm overstaying now.
- Job creation. My employees are still with me. So the table will contain 2 jobs for two years (I was waiting for my visa application result for almost a year). It sounds like it's a good thing but as I'm not sure. Basically I'm worried that this new application will be different because a whole year has passed since I applied for the first time and that this somehow will be a problem.

[marcnath]

Dear all,
I got refused my extension of a 50K route. I applied for AR but that was refused as well. They had two problems with the application. One is maintenance (I missed the fact that one of my barclays printouts doesn't have a date). Another could have been solved by them requesting a newer document based on publicly available information (I somehow sent an old companies house appointment report and it shouldn't be older than 3 months obviously). I received the rest of the point so I believe that a fresh application with fixes for the aforementioned can be successful.
I have a couple of questions though:
- D1. What is your current immigration status in the United Kingdom? Not sure what to write here. In fact Section D overall is slightly confusing. Like D8. Have you ever stayed in the United Kingdom beyond the end of your period of leave? is clearly yes as I'm overstaying now.
- Job creation. My employees are still with me. So the table will contain 2 jobs for two years (I was waiting for my visa application result for almost a year). It sounds like it's a good thing but as I'm not sure. Basically I'm worried that this new application will be different because a whole year has passed since I applied for the first time and that this somehow will be a problem.

That is unfortunate.

What did you argue in the AR.
Yours is a classic case where they should have used discretion in the evidence under Section 245AA. Did you argue using that as a basis ? It would good to know if they are refusing ARs in spite of that.
Anyway, now that is past.
Yes, you are clearly overstaying now, so the answer is yes. However, if your fresh application goes in within 14 days of refusal, then the overstay has no impact on your application.
Job creation - is definitely a good thing. Why are you not sure ? In fact, given that you are now past 4 years on your T1E, if your employees are still with you, you will be able to apply for ILR in under a year from now.

[randolfcarter]

Thank you for replying!

I argued using " discretion in the evidence" however they replied that taking the maintenance problem into account I would have been refused anyway so they didn't contact me.

As for overstaying and section D. I assume the reason I should put is "application refusal" and my case number?

[marcnath]

I argued using " discretion in the evidence" however they replied that taking the maintenance problem into account I would have been refused anyway so they didn't contact me.

If I got your initial post correct, only one of the pages of bank statement was missing a date. That should still have qualified under 245AA.

As for overstaying and section D. I assume the reason I should put is "application refusal" and my case number?

Yes

[randolfcarter]

They claim that because of the date not being there and other they used other provided statements as the source of truth. And that only covered 89 days.
Another question I have — my maintenance is covered by a savings account which was at the same level for the past year and three months. Should I provide a bank statement for my A/C that have some day-to-day transactions and my salary coming in? Last time I sent all my accounts statements because the maintenance was actually moving around. But now I have it all covered by one statement. The lack of transactions is worrying for me though.

[marcnath]

They claim that because of the date not being there and other they used other provided statements as the source of truth. And that only covered 89 days.
Another question I have — my maintenance is covered by a savings account which was at the same level for the past year and three months. Should I provide a bank statement for my A/C that have some day-to-day transactions and my salary coming in? Last time I sent all my accounts statements because the maintenance was actually moving around. But now I have it all covered by one statement. The lack of transactions is worrying for me though.

There is no reason why lack of transactions should be a problem - makes it easier for the CW to look at it

[randolfcarter]

Thank you!
I also wanted to double check. Based on what I've read on the forum I need to remove myself as an employee. That I've already put into motion. One problem I have is with my tenancy. My contract has just been renewed and they expect my visa status from me. I don't really know what are my possible actions here.

[marcnath]

Thank you!
I also wanted to double check. Based on what I've read on the forum I need to remove myself as an employee. That I've already put into motion. One problem I have is with my tenancy. My contract has just been renewed and they expect my visa status from me. I don't really know what are my possible actions here.

Yes, tenancy can be a tough one.
If it has already been renewed, then generally landlords do not need to do another check. But it is up to the landlord, I guess

[randolfcarter]

Should I attach my refusal letters?