Tier 1 entrepreneur extention refused on Toeic & 200k investment matter

[Mahadi1]

Dear sir/ madam,

I came in uk 23rd of October 2009 with tier 4 student visa & 26 of november 2013 I have got tier 1 entrepreneur visa, then i have applied for an tier 1 entrepreneur extention on 26 of november 2016.

Home office have refused my application on 19th of March 2018 1st ground was English language test/toeic deception & didnt gave any point for English language & 2nd ground was another HMRC payment related , then i have made an administrative review

Then 10 th of may 2018 they have  issue another refusal on this refusal they have given me 10 point for english language because i did have submitted a valid trinity college b1 certificate during my extention, but still they haven't withdraw the deception on toeic, on the 2nd refusal they have withdraw hmrc payment related matter( due to recieved a valid documents from me), on the 2nd refusal they also have include a additional ground regarding the fund £200 i have invested, due to make a wrong decision on the 1st refusal they have given me the right of re adminstrative review.

I already have made an administrative review on 24th of may 2018 with all the valid documents (including my qualifications certificate before i done the Toeic & some documents to proof the investment)

My barrister said toeic matter is really tough to make the overcome at the moment, because i am here already 8 & half years So if they refuse me again then make a judicial review but make a human rights application within 14 days to fill 10 years residency,

I heard if i can continue in tier 1 entrepreneur rute for 5 years i will be eligible to make ILR application.

But at this moment i have already been created 10 full time jobs equivalent,

So how will gonna be make an accelerated ILR application instead of human rights application,
Or if i make an human rights application & then make the ILR application on 5 years rute.

Please give me some advice.

[moongesture]

Never seen HMRC/Tax based refusal what was the exact issue?

Yes, you can apply for the Accelerated route if 10 Jobs have been created for 12 months or more. TOEIC matter is still in court after subsequent appeals by stakeholders.

[Mahadi1]

Hi Moongesture,
Thank you very much for your valuable information, basically i use-to work for a company before i recieved my entrepreneur visa, but i have left the job straightaway when i got the visa, but my employer has paid me a holiday payment on a late date, i did have provide the evidence to home office, then they have withdraw the refusal ground.

Could you Please also let me know, if home office refuse me again then will that be a good idea to go for accelerated ILR rute application or a human rights base application, if you think human rights base application is better option for me then which human rights application will be best for me, as i will have to continue with judicial review on the same time due to withdraw the toeic deception matter.

I will look forward to hear from you guys.

[marcnath]

The deception will be an issue irrespective of the type of visa you apply for - it is a disqualification for your 10 year LR also.
What is the reason for the rejection of your investment ? If that is still a problem, accelerated ILR will not help either.
Interestingly, you are eligible for your accelerated ILR now.
So, strictly speaking, you can make your application now. That will mean your AR will be automatically withdrawn and you will lose your Section 3C protection.
So, your approach really depends on what the reasons for your refusal are and the chances of success there.

[Mahadi1]

Hi Marcnath,
Thank you very much for giving me those important information, so did you say toeic deception is a big issue on it, i really didn't understand that you asked me to make the application now then AR will be withdrawn & i will loose 3c protection.

On the administrative review i have explained all the details where, how & why i did the toeic test, i have explain them whole test description.

I also have mention that I was a quit brilliant student before i came to the Uk I have achieved  a merit equivalent result (included english) from my back home, I have attached the academic transcript & certificate achived from Board of education bangladesh, I also have recieved credit 60 + marks on english for business( academic reading & writing), I have attached the certificate i have recieved from brit college london on year 2010. I have mention that i was successfully  awarded a professional  ( level 3 extended diploma in business) qualification from  South eastern regional college (Northern Ireland) on 2012, i have attached all of the certificate i have recieved from south eastern regional college Northern Ireland. I have successfully achived those qualification just before doing my toeic test with ETS. Then i have said the case worker suspected point about  use of proxy to do the English language test is totally wrong. I also have submitted trinity college Grade 5 CEFR level B1.1 in English with merit Graded examination  certificate during my tier 1 extension application on 26 of november 2016, even case worker has already given me 10 point for that in the points calculated area.

2. Case worker said the amount of total money I have invested for two different company non of the company accounts have mentioned my name on the account.

But verifiable truth is I have signd both compny accounts with my printed name & hand written  signature as a director.
Both company have only 1 director since compay were opened & only 1 director was owned for both company every single share as well, I  have provide both company annual return for every single year since I have established those company.

I have made total of £215914 in 2 different business/company, in my fist business i have invested £98237 where only £29000 was through my business bank account still they have accept the investment for my 1st business because i have start investment inĺ my 1st business date before 19th november 2015, but for the second business they haven't accept my investment.

3. Case worker said my investment of fund  £117677 in  2nd business began  after 19th november 2015,
 thats why the investment need to be readily identifiable transactions in  my business bank statements, which clearly  need to show  the transfer of this money from me to my business.

The fact is I have  established second business on 5th of may 2015 & my investment of fund £117677 in **** (Moderator comment: DO NOT ENTER IDENTIFIABLE NAMES) began on 5th of may 2015.
Its very clear  the payments commenced prior to 19th november 2015.

I have made £117677 investment in **** (Moderator comment: DO NOT ENTER IDENTIFIABLE NAMES) by personal current bank account, business bank account & directly cash  since the business has open on 5th of may 2015 untill 31st of October 2016, In accordance with recent guidence I am not required to demonstrate readily identifiable transactions at 2nd business as i start to make the investment before 19th of november 2015.

I have provide all the valid documents including Incorporation certificate of 2nd business which was given at companies house belfast on 5th of may 2015, company, employer registration certificate & reference number with HMRC has been issued on 6th of August 2015, company corporation tax return documents with HMRC has been issued on 19th of june 2015, we also have provide  All the employees  payrolls, payslips & personal  bank account sratement period covered by may 2015 to 19th of November 2015.

Case worker said they have found  £36900 transaction/investment in second business bank account after 19th november 2015,  that means they have accept only 36900 invest ment in my second business.

actually I have made £36900 investment directly in **** (Moderator comment: DO NOT ENTER IDENTIFIABLE NAMES) after 19 November 2015, because i was able to open my business bank account on February 2016, this £36900 investment has already been shown through readily identifiable transactions in  my business bank statements, which has clearly show the transfer of this money from me to my business.
I will look forward to have some advice from you guys.

[marcnath]

On the administrative review i have explained all the details where, how & why i did the toeic test, i have explain them whole test description.

Your detailed explanation seems all valid, but I can't explain why the deception was not removed in your AR. All I am saying is that deception is considered a general ground for refusal so can affect all future applications.

2. Case worker said the amount of total money I have invested for two different company non of the company accounts have mentioned my name on the account.

But verifiable truth is I have signd both compny accounts with my printed name & hand written  signature as a director.
Both company have only 1 director since compay were opened & only 1 director was owned for both company every single share as well, I  have provide both company annual return for every single year since I have established those company.

The requirement was:
146. When evidencing the investment:
(1) The audited or unaudited accounts must show the investment in money made directly by you, in your own name or on your behalf (and showing your name).
So, your name has to be against the investment shown in the accounts. Your signature as a director does not meet that requirement.

3. Case worker said my investment of fund  £117677 in  2nd business began  after 19th november 2015,
 thats why the investment need to be readily identifiable transactions in  my business bank statements, which clearly  need to show  the transfer of this money from me to my business.

The fact is I have  established second business on 5th of may 2015 & my investment of fund £117677 in **** (Moderator comment: DO NOT ENTER IDENTIFIABLE NAMES) began on 5th of may 2015.
Its very clear  the payments commenced prior to 19th november 2015.

I have made £117677 investment in **** (Moderator comment: DO NOT ENTER IDENTIFIABLE NAMES) by personal current bank account, business bank account & directly cash  since the business has open on 5th of may 2015 untill 31st of October 2016, In accordance with recent guidence I am not required to demonstrate readily identifiable transactions at 2nd business as i start to make the investment before 19th of november 2015.
I have provide all the valid documents including Incorporation certificate of 2nd business which was given at companies house belfast on 5th of may 2015, company, employer registration certificate & reference number with HMRC has been issued on 6th of August 2015, company corporation tax return documents with HMRC has been issued on 19th of june 2015, we also have provide  All the employees  payrolls, payslips & personal  bank account sratement period covered by may 2015 to 19th of November 2015.

Case worker said they have found  £36900 transaction/investment in second business bank account after 19th november 2015,  that means they have accept only 36900 invest ment in my second business.

It is not the start date but the actual date of investment that matters. So, the CW is right - you need to provide statements for investment made after 19th Nov 15.

[Mahadi1]

Hi Marcnath,
Thank you very much for giving me those important information,
Actually i have give those explanation regarding toeic test on AR last 2 weeks ago & decision is still pending.
I am really so worried.
Please give me a advice, what shell i do now. Is there any kind of options?

Thank you, will look forward to hear from you guys

[marcnath]

Hi Marcnath,
Thank you very much for giving me those important information,
Actually i have give those explanation regarding toeic test on AR last 2 weeks ago & decision is still pending.
I am really so worried.
Please give me a advice, what shell i do now. Is there any kind of options?

Thank you, will look forward to hear from you guys

If you have not met the evidentiary requirements, your only option is to file a new application with the correct documents.
You can of course try an AR arguing
1) you started the investments before 19 Nov 15, so you did not need to submit bank statements (not very strong but worth trying)
2) Because of all the other evidence regarding the investment CW should have used discretion under 245AA.

Up to you then whether you wait for the answer and make the new application or apply whenever you are ready with it.

[Mahadi1]

Hi Marcnath,
Thank you very much for giving me those important information.
What can i explain on the fresh application as i have invested only around 80k through the business bank account, because i start 1st business on july 2014 & second business may 2015, & identifiable transaction through the business bank account rules came on 19th november 2015.

[marcnath]

Hi Marcnath,
Thank you very much for giving me those important information.
What can i explain on the fresh application as i have invested only around 80k through the business bank account, because i start 1st business on july 2014 & second business may 2015, & identifiable transaction through the business bank account rules came on 19th november 2015.

I am not clear about this. If it was not with bank transfer how did you invest ?

[Mahadi1]

Hi Marcnath,
Thank you very much for giving me those important information.
I have made rest of the cash investment for the fixture/fitting, marketing, staff wages, cash & carry bills as there wasn't any rules to make the investment through business bank account before 19th november 2015.

I will look firwand to hear frim you.

[marcnath]

Hi Marcnath,
Thank you very much for giving me those important information.
I have made rest of the cash investment for the fixture/fitting, marketing, staff wages, cash & carry bills as there wasn't any rules to make the investment through business bank account before 19th november 2015.

I will look firwand to hear frim you.

To repeat, you don't need any business bank statements for investment made BEFORE 19 Nov 2015.

So, you only need to focus on the amount invested after that date.

You mentioned you invested 36900 after this date and you have the statements for that.

So you have another 81K or so to account for. Was all of this made before 19 Nov 2015 and what evidence do you have/have submitted to show it was before that date ?

[Mahadi1]

Thank you very much for your important advice,

The account ĺ have submitted there was
FIXED ASSETS totally i have invested
Fixtures and fittings 14,896
Plant and machinery 46,082
Total: 60,978
Before 19th of November 2015.

On the accounts i have submitted also the Expenditure more then 1 third i have have paid from my pocket befire 19th november 2015
Rent 11,400
Rates and water 906
Light and heat 6,670
Wages 61,162
Social security 176
Telephone 967
Printing postage & stationery 358
Travelling 832
Legal & professional fees 3,385
Cleaning and laundry 1,456
Sundry expenses 329
Accountancy fees 840
Total £88481
I will look forward to hear from you.

[marcnath]

Thank you very much for your important advice,

The account ĺ have submitted there was
FIXED ASSETS totally i have invested
Fixtures and fittings 14,896
Plant and machinery 46,082
Total: 60,978
Before 19th of November 2015.

I assume this was for the 1st business and accepted by HO

On the accounts i have submitted also the Expenditure more then 1 third i have have paid from my pocket befire 19th november 2015
Rent 11,400
Rates and water 906
Light and heat 6,670
Wages 61,162
Social security 176
Telephone 967
Printing postage & stationery 358
Travelling 832
Legal & professional fees 3,385
Cleaning and laundry 1,456
Sundry expenses 329
Accountancy fees 840
Total £88481
I will look forward to hear from you.

So, 2/3rd of this was after 19th Nov, for which you don't have business bank statements.

Was there a reason why you did not pay this from your business bank account ?

You have two options:

1. Convert all of the amount you can't account with business bank statements as share capital - you don't need to provide bank statements for that.
2. Provide the evidence of your personal bank statements, etc. to show that the money was personally invested by you and explain why you did not use the business bank account (delay in opening bank account, for example).

Option 1 is obviously safer and better. The other one is still dependant on discretion that you can't depend upon.

[Mahadi1]

Thank you very much for your important advice,
Actually, i was quit busy to make the business establish during the opening of the business & there was no mandatory rules to make the investment through identifiable business bank account.
I really appreciate your valuable time.

[Mahadi1]

Hi Marcnath,
You have given a lots of valuable advice which was really helpful for me, I my second adminstrative review was successful & review team notified me by sending me a letter on 15th of August 2018, they have withdraw the refusal & gave me back my existing leave & condition, they have send my application to case working team to make a new decision & said that case working team might call me for interview or ask for a further documents, on the last month 25th of October i have recieved an email from ukba interview hub to attend for an interview on 16th of november, they said they were currently considering my application & they want me to attend for an interview for help them to assess my application, they also have asked me to provide my national insurance number & take my national insurance card or letter at the interview.
I have recieved my initial tier 1 entrepreneur visa on 26 of november 2013, on this month 26 of november 2018 i will have completed 5 years on tier 1 entrepreneur categorie.
Now i am quit worry about the interview & also need your advice regarding this interview.
what do you think about making an ilr set o application on 26 of november.
Thank you very much i will look forward to hear from you.

[marcnath]

Hi Marcnath,
You have given a lots of valuable advice which was really helpful for me, I my second adminstrative review was successful & review team notified me by sending me a letter on 15th of August 2018, they have withdraw the refusal & gave me back my existing leave & condition, they have send my application to case working team to make a new decision & said that case working team might call me for interview or ask for a further documents, on the last month 25th of October i have recieved an email from ukba interview hub to attend for an interview on 16th of november, they said they were currently considering my application & they want me to attend for an interview for help them to assess my application, they also have asked me to provide my national insurance number & take my national insurance card or letter at the interview.
I have recieved my initial tier 1 entrepreneur visa on 26 of november 2013, on this month 26 of november 2018 i will have completed 5 years on tier 1 entrepreneur categorie.
Now i am quit worry about the interview & also need your advice regarding this interview.
what do you think about making an ilr set o application on 26 of november.
Thank you very much i will look forward to hear from you.

The fact that they asked for the NI document seems to indicate they still have some concern about the payment you received after you got the T1E visa. But since that has been cleared, it should hopefully not be an issue any more.

You can apply for your ILR anytime now. Since you say they have withdrawn their initial decision, it would mean that you can vary the existing application, thereby keeping your Section 3C protection. It really depends on what exactly is the wording of the AR result. You may want to take a professional advice.

If I were in your place and I can confirm that I can vary my application, that is what I would do. Send in a new SET (O) and state that I am varying the application as no decision has been made on my existing one.

It does not make too much of a difference on any of the decision making - the same criteria for job creation, investment, etc remains. You just save some fees and the trouble of doing another application.

[Mahadi1]

Thank you Marcnath, really appreciate your important advice & valuable time