Second Entrepreneur Extension refused on the basis of Interview (Credibility)

[asktocharlie]

Hi, I am a silent member of this forum and advice from senior members on the cases of others helps me a lot to prepare my application and also this forum provides me the better understanding of immigration matters. My recent application is refused and AR is due with in few days, if possible i would request forum members to guide me.

Initial entrepreneur Visa Granted Switched from PSW
50 K Route as a Team in 2013
Nature of Business: Business Consultancy, Marketing Consultancy, IT Consultancy incorporated in 2013
Incorporated other business 2014, Catering business,
Principle business in consultancy business and also submitted supportive documents of catering business with the application.
Timeline:
First extension application, May 2016

Interview was done both directors in Nov 2016,

Another interview taken from director 2 in Feb 2017 as home office lost the transcript of director 2 and then they evaluate the answers with director 1 transcript that was conducted 6 months before.
Refusal received, March 2017 (Genuineness)

Applied AR, AR Rejected in April 2017,

File another extension application in May 2017 within the 14 days of AR decision, provided explanation and more supportive documents, which they have not considered in AR.
Thought we would be getting the decision sooner.
Complex letter received June 2017
Interview conducted on 8 March 2018
Refusal received 1st May 2018

We have not awarded points for:
Required investment made in UK business(es)
The applicant is engaged in the business activity at the time of application
Creations of jobs in the UK.
On the basis of a balance of probabilities of genuineness.

Following reason have given to us by caseworker:

The credibility of the financial accounts of the business or businesses;
Director Loan Agreement.

When interviewed during the visit you were asked when you had invested the £50000 into your business and you stated it is a gradual process from you when we got the visa until may 2016, which we spent as a form of director loan
In response to the same question, your team member stated, “various investment dates shown on bank statements already submitted”
The bank statements and director loan agreement you have provided with your respective applications show that you did not begin to invest in your business until 2016 which was 3 years after the date that you have incorporated your business in January 2013
You were asked during your interview to provide an explanation for this delay and you stated its not like all the money came in one lump, we were investing it all the time in small amounts from 2 personal accounts of us.
In response to the same question, your team member stated “invested money since 2014 in installments. Brought money in as required - the visa conditions say we have three years in which to invest money, initially, during business setup we did not need much money, business took time to take off, very low expenses at the start of business”
Whilst it is acknowledged that you have met the requirement of having invested the £50000 within the permitted time frames as outlined by the immigration rules, it is concerned that the funds were not invested until 3 years after the date your business was incorporated. You have provided a director loan agreement in support of your application concerning the invested funds. This agreement is dated 9 may 2016. Therefore the fact that you appear to have only invested the funds 3 years after setting up your business casts a doubt on the credibility and viability of your business.

This argument is also present in our last refusal on the basis of genuineness for that in AR we had filed and explained that we have made director loan agreement in 2013 just after the incorporation of the company of £50k, however on the advice of accountant we have updated the director loan agreement in may 2016 and sum up the invested money as it was well above than £50 k (Mentioned in SAR report also by the previous caseworker in notes )
We have also sent the previous director loan agreement but they have not considered the new document in AR and maintained the decision as it was not a caseworker fault, so we have made a new extension application within 14 days after the AR decision and mention in the cover letter and send these documents again.
However the case worker still raising the same issue, moreover we have provided our personal bank statements and company business bank statements with the application, which is clearly mention the transfer of money to business bank account since incorporation of business till the extension application showing regular investment by the directors, as we were in loss in all those years and to cover up the company expenses as sales were low, we were injecting the money since then. We have employees from 2014 and also set up the office for company hence the investment is gradually increases from 2014 and then we set up another office in high street in 2016 for which we have transferred bigger amount in company bank account and invested for such caseworker is only considering the year 2016 as an investment, that too the date of direct loan agreement, which is may 2016.

Business Bank Account

You have provided bank statements from a business account held in the name of your company, the bank statements show that you (or your team member) regularly make cash withdrawals from locations in London shortly before or after money you claim is from clients is paid into your business account. You were asked to explain the purpose of these cash withdrawals at your interview and you stated: “This could be answered by director 2 as he is the one taking money out.”
In response to the same question, your team member stayed “I pay for any cash expenses”
Both yourself and your team member were also asked to evidence any of these expenses by way of receipts or documents during the visit; however, you did not have any documentation that may have corroborated your claim that the regular cash withdrawals were due to expenses. The frequency and pattern of cash withdrawal from your business account are therefore a concern in consideration of the fact that they are for similar sums of money that you claim to have received from clients and explanations provided at interview do not credibly account for these transactions, this information casts further doubt on the credibility and viability of your business.

Cash withdrawals were around £ 100 pound in like every 2 months or so, which is not even taken out on regular basis and for cash travelling expenses and food voucher since director 2 and employee in London visit client sites regularly for which we use our own money and later claimed from company bank account when the clients paid us or if enough money in account for expenses. We charge our clients around £1800 – 2000 per month for the services not sure how we can rotate that £100 pounds to make up to 2k.
We didn’t have the documents then, as the premises (mentioned in the transcript as well) where the interview was conducted belongs to our different business which is a catering business, surprisingly they did not ask anything about catering business apart from that we own that business since 2014,
We have given the explanation of cash withdrawals with the supporting documents after the interview, which is not been considered.

IV )The credibility of your business activity in the UK
Market Research

When asked to explain what market research you had carried out before deciding to invest in a business you stated “ I had a business plan at that time” however when further question about the market research you claim to have carried out, you could not recall what you did and requested that we speak to your business partner about the matter. You were also asked to describe the results of the market research and you stated, “Not sure what they were”
Your team member was asked the same questions and stated that you took “Advice from a company to set up the marketing plan for our business, identified local competition and how business would grow. We're planning to do IT services but changed once set up business” when asked to explain what the results of the market research was, your team member stated” there is scope for growth – need to invest more money to reach the certain level”
The information you and your team member provided at interview with respect to market research was indistinct and lacked detail, you failed to provide any information about market research. Information provided by your tram member lacked detail. We are therefore not satisfied that you have been able to provide a credible account of any market research you claim to have undertaken.

For my understanding I thought officer is asking for exact findings of research which we conducted around 5 years ago, for that I have mentioned that we had business plan and research details in it, which we have also submitted with our initial entrepreneur application and I have referred to director 2 if he knows about that document as we carry few documents requested in email by caseworker and business plan was not in the list of requested document.

Clients

You have provide copy of invoices and contracts for x enterprises limited, Y solutions LTD, Z Limited.
During your interview you were asked to describe the services provided by your business and you stated that for X enterprises you provided advice on how to train and recruit staff making sure that staff follow guidelines in a ABC franchise. You also stated that you “research for them for price comparison, we design the brochures, leaflets and own employees are distributing them.
The contract you have provided in support of your application for X entreprises limited specifically states under schedule the assignment, that you will “device and advice on seasonal and promotional offers for client products, drafts and design marketing material and run supervise marketing campaigns, Design and implement surveys on pricing, demands and quality and advice clients based on results. Develope training modules for staff and train staff as per requirements”
It is notable that the contract you have drawn up has several errors in the document. This is a concern as it would be reasonable to expect that you and your client would have read and checked the document in detail before signing the document.
Additionally, All ABC franchise holders contribute an annual fee 4.5% for marketing services to ABC advertising fund and it’s there role to ensure make marketing decisions and to benefit all ABC franchisee
The fact that you claim to have provided these services to ABC franchise holders is therefore questionable, you, your tem member and the contract all state that you designed marketing material for ABC but when asked to provide evidence of you having engaged in any communication with the ABC franchise or the franchisee advertising fund you could only evidence an email from director of xxx enterprises relating to a customer complain.
The ABC marketing material is designed by ABC, Your claim to have designed marketing material for ABC therefore lacks credibility in view of the fact that you have had no contact with the ABC franchise or franchisee advertising fund, Similarly your claim to have developed training modules for ABC staff also lacks credibility.
It is not clear why your clients would incur additional costs by employing your business (at a cost of £1800 - £ 2000 per month) to provide services already provided by ABC franchise, it is also not clear whether you have been granted permission to alter or design any of marketing and training material.
It is also concern that when asked to evidence actual work you have carried out for any of your clients you were not able to present any documentation that may have corroborated work you claim to have carried out for your clients, it is noted that you have invoices and contracts which you have submitted in support of your application. However you also provided a detailed list of services you claim to have provided and the services outlined in contract, however with the exception of an email from the director of X entreprises, you did not hold any documents, emails or correspondence that related to any work you claim to have carried out. It would be reasonable to expect that you would have retain this documentation on file and that it would be easily accessible whilst you were visited at your business premises. The fact that it was not casts further doubt on the credibility and viability of your business.

I have said recruit staff making sure that staff follow guidelines in a ABC franchise and follow standards also make promotional deals and our staff distributing them” which can be seen in transcript and not added in this argument also we providing services to this client from last 4 years which recently went in to liquidation and we have also submitted the liquidation document forwarded by a solicitor for x entreprises in which client details like business premises, his two ABC franchisee is mentioned also our consultancy company is mentioned in the list of debtors for that client owed us good amount of money.
We were providing services to his two branches and also some point to branches of his business associates for which we were billing the client.
Initially the contract for x entreprises made in 2014 for two years later it is updated on regular basis as per the need of client and services they have asked for. The director of x enterprises has also gave us a letter on his ABC letterhead that our contract has renewed and we are providing him consultancy services, we have already submitted that with our application. Further more caseworkers ignore other clients, which we have provided services and documents submitted.
Coming back to ABC marketing material, it is true that franchise pay 4.5% to their own advertising fund but this fund mostly target national endorsement, which benefit to all, However ABC franchise based on different areas could need local promotion to market them for which ABC headquarters encourage the franchise owners to do it by their own means, ABC provide marketing materials to franchise which franchise has to customize with in the variations that ABC allowed and franchise have to buy the material from their authorised printer for that we also help client to select and customise from the options and design which means in term of (pricing, layout, meal deals, combos, offers, participation in the regional and national campaign, discounted vouchers), and these services are the part of overall services we provide to the client, we also help client to run their business and supervise his both stores. Since we are the third party, we can advise to the client and it is up to the client that he may request or make contact with ABC headquarter. Also there were no computers on the premises where the interview was conducted as I have mentioned before as it for different business, so whatever we could find on our phones we have shown to compliance officer and then he advice to submit the rest later which we have submitted by post such as more emails from our client, work for other clients such as artwork for leaflet, brochures, mobile app design, spot evolutions report for client premises.

v) The credibility of the job creation for which you are claiming points;

You claim to currently employ 2 employees; however when compliance officer visited your business premises only you and your team member were present you were asked to evidence employee documents but failed to produce one item of documentation for your employees during the visit. It is noted that you informed the immigration officer that you would submit employee documents by post after the visit, however, the fact that you did not have access to this information at your business, furthermore it is also notable that when asked to produce attendance records for your employees you stated that you do not record staff attendance. This information adds further weight to our concerns about the credibility of your business


In interview transcript I have mentioned that they are no record kept which is true as it was a different premises and we did not have those documents there and I have referred to director 2 which is already requested to officer to submit it later which officers seems ok as he understands the situation and gave us 14 days to submit, for them we have submitted attendance records for employees since incorporation, annual performance document, screenshot of email contact with employees. One of the employees is working with us from last four years.
Employees were not there as this catering business trading hours from 4 pm till 11 pm and the interview concluded around 3 pm almost 4 hours grilling, had they waited long they could have met the employees, we have submitted the leaflet also in our premises trading hours are displayed which can further check on Google or other associated sales sites.
Also if they could visit the other site they could probably meet the employee which we have offered to officers to visit our other sites so that they could understand our business activity better but the officers decided to conduct the interview at first site due to bad weather and time constraints.

The interesting part was that they visited our catering business and did not ask anything about it but focused on consultancy business as per instructions on transcript by caseworker and we would not able to produce documents their as they were in another office and also not requested in the email, even though we have submitted later and still caseworker did not try to understand the situation.

We have claimed the points through our consultancy business and also requested to consider our catering business which we have set up in 2014, currently catering business has 4 employees and in profit from last two years, this business has more than 1500 reviews by local customers and also we have attached performance letter by just eat for last year, growth of business and also a certificate that we have selected in one of their nominations for award.

Council bill, utility bill, letter from HMRC, letter from two banks stating the business and both the director as authorised signatory, business bank statement, premises leases, invoices, photographic evidence and many more documents have been submitted with the applications for both businesses, still the caseworker cast a doubt on our business activities and refused on credibility.

We have sent the documents TMT 11 in 14 days as requested by compliance officers, also further explanation has sent by us after receiving the interview transcript, but we have received refusal letter from TMT 12.

I request to forum members to give the view and help me to provide the better explanation in AR and please point out any missing information which I could not find in the letter.

Are There any chances that decision could overturn in AR as somewhere I have read success rate is very low only few cases overturned in country AR.

Apart from AR and there JR is there any options left for us? We are exhausted in this visa process from last two years and business struggled a lot since. Could we apply JR and also another application as we have invested a lot of time and energy to establish both businesses, cannot think of losing all just like that.

Sorry for the long and detailed explanation

[marcnath]

Sorry to hear about this.

Actually, people who came to this forum after a genuineness test failure, submitted their AR and then shared the result have all been successful. So, at least based on information here, it has so far been a 100% success on genuineness test AR.

But, unfortunately, your case is quite different from the those. Most of the cases were purely based on the interview. However, you seem to have been rejected on the basis of past activity also.

Having said that, it still seem unreasonable.

1. Investment - clearly this is a mess. The CO say " the funds were not invested until 3 years after the date your business was incorporated". But you claim "regular investment by the directors, as we were in loss in all those years and to cover up the company expenses as sales were low, we were injecting the money since then". This cannot be a subjective matter - your accounts and bank statements should be definitive about this. The date on the DL itself is immaterial and you can argue that in AR that there is no requirement that a DL cannot be drawn up at a later date.
2. If your evidence shows that withdrawal is a few £100 pounds and income is few thousands, this is clearly a CO error. So, you can argue that based on pure factual error.
3. Market research - Your argument should hold. Unreasonable to expect recall of market research done over 5 years back. And anyway, you have been adapting the business from experience which is much more relevant than the old market research.
4. Clients - this is the kind of assessment that absolutely makes no sense. You can try explaining how a franchisee also has responsibility for marketing. Point to websites such as this one - http://blog.tapsnap.net/blog/the-franch ... sibilities to show franchisees also need to do marketing.
5. Job creation - refer to documents sent. As long as you have the evidence of delivery and you have included your case reference in the documents, it does not matter which team it was sent to.

Basically, they seem to be implying that you are committing fraud but using the genuineness test to save the trouble of proving that.

I wish you the best. I think you have a reasonable chance at AR.

But otherwise, this is the kind of case (based purely on your description) that deserves a judicial challenge. But that is an expensive route to take.

[asktocharlie]

Thank you so much Marcnath,

All our clients have paid through bank transfer also we have supplied them the list of clients and marked the payment on business bank statement,

For explanation of cash withdrawals we have sent them 3 years bank statement also and explained each cash withdrawal.

Previously we have only showed the consultancy business as we thought it would be enough to get the points, which actually turned against us as we could not explained our activity properly as we both director share work from two different places as me and being in different city managing catering business and office work of consultancy business with the help of employee 1, director 2 and employee 2, handle work directly from client s site.
We were suggested than also to go for JR but we thought it is a lengthy process and better to provide more documents and apply again as we were convinced that it would be faster as they have already know the case.
But this time they came up with some different reason and delayed too.

[Parveenkumar7]

I am adding few observations based on my own experience of running a business, as far as Director loan is concerned the date needs to be from when investments were made, for this constitutes an important part in your annual accounts. This was explained to me by my accountant when we began investing initially which was merely £900 in first year but was clearly shown in our annual accounts as director loan. So date can differ as long as your accounts show some loan earlier to what home office is claiming.

Email communication is a must, genuine contract and work generates hundreds of emails from our experience a client who didn't convert to sale sent us 8 emails asking various questions. Please don't take it negatively, come up with some excuse here such as we discussed matters on calls, or whatsapp etc but remember a lie would lead to few more and you would ruin everything.

I have worked with a client who own a franchise and their marketing was NOT allowed to be outsourced, depending on what franchise you worked with check if their agreement says anything to defend this point. Also please note that my client forced me to obtain BFA membership for suppliers although we only offered IT services it seems it is a regulatory requirement for franchisees to only work with BFA approved suppliers. I didn't obtain it and I lost that client as a result. Home office probably have this to their knowledge and thought you can't work with franchisees, it could be wrong but things have changed from 2013 now I don't think any supplier can work with franchisees without obtaining BFA membership.

I just shared what occurred to me from my own experience as it might help you prepare better defense.

All the best!

[asktocharlie]

Thank you so much Mr. Kumar,

4 years financial accounts were submitted with the application, which is clearly reflecting that director investment of each year and going up every year, also the personal bank statements were attached showing dates and amount of transfer since incorporation, 3 years bank statement of the company supplied, detail breakdown of director loan investment provided also.

There are expenses associated to run a company, as small as to incorporate a company, accountant fee, legal fee, company house fee, how an active company since 2013 could escape from such expenses.

There is a confidentiality agreement with the clients, so even we were not sure what we can show to CO during the interview, later we sent more communication email and evidence of work as we got permission from the client and get time to find general contacts.

Regular visits have been made to client site so more verbal communication was used.

We provided services to the private company (Client) who owns the number of abc franchisees and share their work to improve sales for these franchises, the client knows what work can be shared for that they have signed the contract with us.

[asktocharlie]

Dear Senior Members, Please advice on AR, so far the following argument has come up.

The credibility of the financial accounts of the business or businesses;
Director Loan Agreement.

Since incorporation of the company, director loan is increasing, director investments of each year can be seen from the company financial accounts which we have provided with application, we, directors, injecting money from our personal bank accounts in company bank account on a number of transaction since setup and investment was done to meet the expenses as the company was not generating enough sales to cover expenses. (Copy of transactions provided)

Investment date is only considered as xx 2016 for director loan agreement, however there was a previous director loan agreement made in 2013 which we have also sent with the application and not considered by caseworker, also same explanation is provided in the cover letter that as per accountant advice we have updated the director loan agreement on xx 2016, with sum of money invested at the time of previous application,

Caseworker overlooks the previous investments done by the company and improperly assessed that investment is only done in 2016 and we have not invested until 2016.

The company has set up one more office in 2016 for that various investment was done, only those investments are considered, for such, I have suggested that it is not like all money came in 2016 in one lump however regular investment was done by the company prior to that also.

Please refer to the documents, which have been submitted with the application and can provide investment details.

Provided, Copy of 4 years Financial Account Statements, Company Business Bank Statements, Personal bank statements of directors reflecting transactions in company, detail breakdown of director loan investment.

Business Bank Account

The caseworker has inaccurately assessed that the cash withdrawals is sum up to the amount we received from clients, which can be verified by company bank statements and also invoices generated for clients. (Copy provided)

Clients paid us through bank transfer and the amount received in company approximately £1500 - £2000 per month.

Cash withdrawals are few hundreds pound over the course of few years and are for cash expenses, which a director can claim according to companies House Act.

Further Information has provided and supported documents sent on xxx


IV) The credibility of your business activity in the UK Market Research

Case Worker came up with an unfair reason by not awarding point and also not considered the document posted to Home Office, which has detail information of business plan and research conducted at the initial stage.

In the interview, my understanding was that interviewer was referring to documentation and exact findings of our research at the time of initial setup xxx.

It is unreasonable to expect recall of exact details of market research done over 5 years back, we have been adapting the business from experience which is much more relevant than the old market research, Moreover Mr. xxx remember some details and provided information on research as I have suggested that he may remember the details and knows about the documentation.

However the copy of the Business plan and research was submitted with initial entrepreneur application and points have been awarded, The same copy has also posted, dated xxx, tracking number xxx to TMT xx, Home Office.

Clients

The respective client has provided a letter posted to the home office on xxx tracking number xxx, which states that x limited is providing consultancy services to their business.

In interview we have showed email contact with client, invoices, contract, various financial transactions with client, liquidation document, which further provide details of client information, premises and money owed to x limited, evidence of work and further explanation of work done for the client, also posted on xx to TMTx, tracking number xxx

Casting a doubt of credibility on the basis of typing error in the contract is unfair and also caseworker lacks the understanding of franchise business as a franchise could take professional services to develop their business as suggested on the website below.

xxxxxxx

Our contacts and services are limited to the clients, which is a private entity, it the client which can communicate to x franchisee fund and make the request, besides that x, have approved printing outlets which provide marketing material exclusively to x franchisee, client authorise us and we make contact with these outlets for clients requirement through their own web-based system, such as x Print and select and customise optimum marketing material from options which x provides to the franchisees.

Additionally, more documents have sent on xxx by post.

If the caseworker has provided us the evidential flexibility of immigration rules, we can further provide information about our duties and task performed with the clients business, also the client can be contacted to verify our work, in addition, explanation and supportive document also provided, posted on xxx to TMT x, which is not taken in to consideration.


v) The credibility of the job creation for which you are claiming points;

Interview was conducted at the premises of y limited (zzz, catering business) address -----, which can be seen in interview transcript page no. 2, ‘Interview Location’, also documents were requested only for x Limited by the officers despite it was a different business and premises, can be verified on interview transcript as caseworker left a note to CO please focus on x limited, consultancy business on page no. 6 of interview transcript.

Compliance officers have visited the business premises in non-trading hours of the business as operating hours are from 4 pm, hence there was no employee present, such information also can be verified on google and also we have provided leaflet of our business y, with the requested document. Information can be found on interview transcript page no. 2, starting and finishing time of interview.

We have carried all the requested documents with us as per instructed in email, some of the additional documents for x Limited were not available as they were located at the office of x limited, address...... Hence I referred documents are not kept their.

During the interview, we have provided employee contracts to compliance officer they have taken pictures of it, also employee details were verified by officers, such as their identification documents and their status in UK for all the employees.

Hence it is wrongly assessed by caseworker that there was not a single document available

We have provided more documents with our application such as employee wage slips, RTI, FPS, P45, P60, further documents are also posted on xxx, as requested, employees wage slips of all employees, revised contract of employment which is working with us from 4 years, attendance record, their performance documentation, email contacts, evidence of work done for our clients, which is also not taken in to consideration by caseworker.

It is unfair that caseworker concluded the claim without evaluating the actual facts.

We have requested from caseworker to consider our second business with the application, y Limited T/A -----to access our activities in the UK and provided supportive documents.

Hence we request to Home Office to evaluate the balance of probabilities on the basis of fairness and objective matters as many documents were submitted with the application and were not taken into consideration and decision was made with a conceptual approach.

[marcnath]

You seem to have covered most of the points well enough. Few comments and personal opinions.
1. The language can be improved. I suggest you get some professional help or at least get a native speaker to review and rewrite the same. The content is there, but when it is not correctly structured it could be incorrectly interpreted.
2. For investment, cash withdrawals, etc. it would be useful to at least provide a few sample transactions in detail that will help the reviewer find the transactions instead of just saying "Please refer to the documents, which have been submitted with the application and can provide investment details."
For example, you can say. Here are a few of the investments made before 2016
a. xxx on aa/bb/cc
b. .....
And so on
3. Instead of saying CW was unfair, you should be saying CW has made a mistake. Administrative review is only available if the CW has made a mistake, not if the CW is unfair. https://www.gov.uk/ask-for-a-visa-administrative-review

[asktocharlie]

Thank you so much Marcnath, you are so helpful, much appreciate your guidance...

[asktocharlie]

Following the Update on my case,

Lodged the AR on 16th may,

Today, I have received a letter that My AR has been successful and AR team requested the case working team for reconsideration of the decision.

For which they have asked for another 8 weeks to make a new decision.

Not sure what it means exactly.

Anyways Thank you Marcnath and senior members for your kind support and guidance.

[marcnath]

Following the Update on my case,

Lodged the AR on 16th may,

Today, I have received a letter that My AR has been successful and AR team requested the case working team for reconsideration of the decision.

For which they have asked for another 8 weeks to make a new decision.

Not sure what it means exactly.

Anyways Thank you Marcnath and senior members for your kind support and guidance.

Glad to hear the AR has been successful.

Generally when the CW finds one reason for refusal, they are not obliged to look through the rest of the application if they don't believe it will make a difference.

So, some or all of your points have been accepted by the AR team and they have sent it back in case other points have not been reviewed.

[Camel555]

Congrats on your successful AR, genuiness proved at the end:)

Can CW turn down an extension application based on the fact that moneys were not invested right away after getting the visa, as in my case, been more than one year but I havent moved the funds from my personal account to my company account, although I have already spent a fair bit of amount from my personal account on business related expense line travelling and meetings,

Apologies if I am not supposed to ask this question on someone else ‘s post.

[CR001]

Congrats on your successful AR, genuiness proved at the end:)

Can CW turn down an extension application based on the fact that moneys were not invested right away after getting the visa, as in my case, been more than one year but I havent moved the funds from my personal account to my company account, although I have already spent a fair bit of amount from my personal account on business related expense line travelling and meetings,

Apologies if I am not supposed to ask this question on someone else ‘s post.

Please ask your questions in your own topic, it is unfair to the OP and creates confusion when/if members respond.

See point 12 in the Forum Rules Top 25 FAQs in the link below

announcements/read-me-getting-started-t ... 24804.html

[Camel555]

Ok noted.

[asktocharlie]

Hi,

Its been 10 week since AR team send back file to the case worker, and nearly 16 months from applying, not sure what could be the best approach now.

Please guide.

[ishfaqsangra]

Following the Update on my case,

Lodged the AR on 16th may,

Today, I have received a letter that My AR has been successful and AR team requested the case working team for reconsideration of the decision.

For which they have asked for another 8 weeks to make a new decision.

Not sure what it means exactly.

Anyways Thank you Marcnath and senior members for your kind support and guidance.

Congrats

Is this the second AR (which is successfull) following the 2nd application?
Does 2nd application also allows AR?

[asktocharlie]

Yes I have got AR option after the refusal of my second application for Extension.

[gt23]

Any updates?

[asktocharlie]

Still Waiting, however i have got assurance from MP that case worker are actively working on it and will get update soon.

[asktocharlie]

Recent Update on my case.

I have contacted my local MP on 11th Jan 19, to expedite my case under compassionate grounds as a tragedy happened back home.

Requested by MP, Home Office decided in a week time and again refused the case on same grounds,

Mostly the arguments are the same and copy paste, for which my last Administrative review was successful

In short, raised the same issue,

1. Credibility over financial accounts.

Even though four years of business bank statements provided to the home office, still the same concern that money was taken out as cash before and after the clients' payment,

I am not sure how they came to the same story again, as transactions in bank statements showing nothing like that.


2. Credibility over the market research,

Although I have explained them and submitted the whole market research document after the interview, which was prepared during business setup and the initial visa was granted then.

3.Creation of Job in the UK

Same reason with an added point that they could not find a single piece of a document of employees and employee were not present at the site.

Most of the document already submitted with the applications, including, Identification documents, wage slips, RTI, P60, (suggested in SAR report also) HMRC letter, Bank statement of salary transfer in their account since their joining.

They checked the employee's identification documents during the interview and took pictures of employee contracts in front of us. unfortunately still raising concern for not finding any evidence.

further evidence and other documents were requested by the interviewer to be submitted after, which was sent and received by the home office, still raising concern that it was not present at the time of interview.

Moreover, they have added the explanation in all refusal points:

It is noted that you have provided explanations in order to cast further light on the above-outlined refusal decision reasoning these explanations have been considered, however, we don't feel you have provided any "additional explanation or documentation" in order for us to change our previous decision and as such the above-stated concerns in relation to your claimed remained.

once the AR got successful what could be the reason for me to send more documents to the home office when they have not asked any other documents after that.

They are blaming us for not sending more documents after reconsideration when there was no communication made by the home office to us for any further documentation.

Also this time I am not sure that they have provided points for investment as it is very confusing in refusal letter please help.

Mine letter suggests following



My team member letter suggests following



I am preparing for another AR as got time till 8th Feb.

Please assist.

[ishfaqsangra]

This is very dissappointing indeed.

[asktocharlie]

Indeed, I made a mistake after my first refusal i should have gone for JR, but i didnt as i thought fresh application with additional document to cover up genuineness doubt would be sufficient as most of the work already done in previous application and decision could be faster,

however another application took more time as JR could take.

I am finding it difficult now to come out this situation as the home office made their mind since my previous application and no evidence are sufficient for them and they just keep repeating the same refusal points.