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Tier1 Entrepreneur ILR REFUSAL

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Imranmalik75
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Tier1 Entrepreneur Dependent ILR

Post by Imranmalik75 » Tue Dec 10, 2024 9:32 am

Hi Everyone,
I’m on Tier1 Entrepreneur visa since March, 2019 and applied for ILR alone and waiting for Home office decision as they requested additional documents/information about my business.
My family joined me 11 months later on 17/02/2020 (visa date is: 30/01/2020) in UK and now they will be eligible for ILR on 02/01/2025.
My questions are:
1. Plz can someone guide me to right application form to apply for Tier1 Entrepreneur migration DEPENDENT ILR.
2. Do i need to fill separate form for each one or one form for all (My family: Wife and 3 daughters under 18 years if age)

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CR001
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Re: Tier1 Entrepreneur Dependent ILR

Post by CR001 » Tue Dec 10, 2024 9:54 am

1. Form SET O.

2. You can add children to wife's form.

Note that if your ilr fails, their ilr will also fail.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

zCIO
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Re: Tier1 Entrepreneur Dependent ILR

Post by zCIO » Wed Dec 11, 2024 12:16 pm

Though it will be more work for you (and if you are using legal advisory they also may ask for a higher fee), but it is safer to apply for the chidlren alone. You can not group all children into one form. You will have to do each seperate.

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Re: Tier1 Entrepreneur Dependent ILR

Post by zimba » Wed Dec 11, 2024 12:19 pm

zCIO wrote:
Wed Dec 11, 2024 12:16 pm
Though it will be more work for you (and if you are using legal advisory they also may ask for a higher fee), but it is safer to apply for the chidlren alone. You can not group all children into one form. You will have to do each seperate.
Incorrect. All children can be added to the same SET(O) application of their parent(s)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Imranmalik75
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Re: Tier1 Entrepreneur Dependent ILR

Post by Imranmalik75 » Sat Dec 21, 2024 4:31 pm

Thanks for everyone.
I filled form set(O) and Yes we can add children to mother’s application.
But it is showing under “Tier1 and Global dependent”
Is it ok?

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zimba
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Re: Tier1 Entrepreneur Dependent ILR

Post by zimba » Mon Dec 23, 2024 9:19 am

Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Imranmalik75
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Tier1 Entrepreneur ILR REFUSAL

Post by Imranmalik75 » Tue Jan 07, 2025 6:46 am

My Tier1 Entrepreneur ILR is refused yesterday for “not satisfied of 2 employees job creation” Home Office grant me 55 points out of 75.
1. Investment made £200,00 - points: 20
2. Reg. as compny Director - points: 20
3. Lived in UK for 5 years - Points: 15
4. Genuineness of 2 job - NO POINTS
under 245DF(i)
They allow me for Administrative review within 14 days.
What are the next steps? Plz guide me.
Thanks

team2341
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by team2341 » Tue Jan 07, 2025 7:43 am

Good morning,
I am very saddened to hear this news. Please give a history of application and answer the following questions:
1) When did you apply?
2) What were the questions they asked you?
3) Please provide a complete history of the jobs you have created.
I hope all members of this group will help you get through this difficult sitution?
I am looking forward to hear from you :cry:
Imranmalik75 wrote:
Tue Jan 07, 2025 6:46 am
My Tier1 Entrepreneur ILR is refused yesterday for “not satisfied of 2 employees job creation” Home Office grant me 55 points out of 75.
1. Investment made £200,00 - points: 20
2. Reg. as compny Director - points: 20
3. Lived in UK for 5 years - Points: 15
4. Genuineness of 2 job - NO POINTS
under 245DF(i)
They allow me for Administrative review within 14 days.
What are the next steps? Plz guide me.
Thanks

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zimba
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by zimba » Tue Jan 07, 2025 10:03 am

Imranmalik75 wrote:
Tue Jan 07, 2025 6:46 am
My Tier1 Entrepreneur ILR is refused yesterday for “not satisfied of 2 employees job creation” Home Office grant me 55 points out of 75.
1. Investment made £200,00 - points: 20
2. Reg. as compny Director - points: 20
3. Lived in UK for 5 years - Points: 15
4. Genuineness of 2 job - NO POINTS
under 245DF(i)
They allow me for Administrative review within 14 days.
What are the next steps? Plz guide me.
Thanks
Provide the details of the employment you created, each position plus start/end dates, etc
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Imranmalik75
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by Imranmalik75 » Tue Jan 07, 2025 10:49 am

1. Marketing Assistant (Feb-23 to March-24)
2. Marketing Assistant (July-23 to June-24)

ILR APPLIED: 28/07/2024
Requested more evidence : 28/10/2024
Submitted evidence: 15/11/2024
Again requested more evidence: 29/11/2024
Submitted evidence: 11/12/2024
Refusal e-mail: 05/01/2025

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Re: Tier1 Entrepreneur ILR REFUSAL

Post by zimba » Tue Jan 07, 2025 12:19 pm

Imranmalik75 wrote:
Tue Jan 07, 2025 10:49 am
1. Marketing Assistant (Feb-23 to March-24)
2. Marketing Assistant (July-23 to June-24)

ILR APPLIED: 28/07/2024
Requested more evidence : 28/10/2024
Submitted evidence: 15/11/2024
Again requested more evidence: 29/11/2024
Submitted evidence: 11/12/2024
Refusal e-mail: 05/01/2025
We cannot read your mind. You did not provide any details at all. How many weeks did they work? Did you provide at least 52 weeks of evidence for each worker ??? What does the refusal letter say ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Imranmalik75
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by Imranmalik75 » Tue Jan 07, 2025 12:29 pm

Is there any option to attach the refusal e-mail. It’s 22 pages

razergd1
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by razergd1 » Tue Jan 07, 2025 7:11 pm

You can remove your details and any other personal or identifying details and copy and paste to the thread.
If it's an email. Otherwise, if it's a letter you can try to take photos and push into OCR for conversion. You can find many online but be careful to use one which will keep your privacy.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

Imranmalik75
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by Imranmalik75 » Wed Jan 08, 2025 2:19 pm

GOV.UK


You applied for Indefinite Leave to Remain as a Tier 1 Entrepreneur migrant on 29 July 2024. I am writing to tell you that your application is refused.

What this means for you

You can apply for administrative review. Instructions on how to apply can be found under the ‘next steps’ section below.

If you do not apply for administrative review you must leave the country.

The reasons for this decision are set out below.

Reasons for Decision

Your application has been refused for the following reasons

DECISION SUMMARY

We have considered your application for indefinite leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant on behalf of the Secretary of State. Your application has been refused under Paragraph 245DF of the Immigration Rules as it is considered that you have failed to meet the requirements of Paragraph 245DF(c) and 245DF(f), with reference to paragraph 245DF(g) and 245DD(i) of the Immigration Rules with reference to Appendix A.

Further details of the reasons for the refusal are given below.

REASONS FOR DECISION

Immigration Rules part 6A: the points-based system:

Paragraph 245DF of the Immigration Rules states:

To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
(d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
(e) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
(f) The Secretary of State must be satisfied that:

(i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and
(ii) the applicant has genuinely invested the money referred to in Table 6 of Appendix A into one or more businesses in the UK to be spent for the purpose of that business or businesses; and
(iii) the applicant genuinely intends to continue operating one or more businesses in the UK.

(g) In making the assessment in (f), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:

(i) the evidence the applicant has submitted;
(ii) the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
(iii) the credibility of the financial accounts of the business or businesses;
(iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;
(v) the credibility of the job creation for which the applicant is claiming points in Table 6 of Appendix A;
(vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
(viii) any other relevant information.

(h) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (f), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
(i) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
(j) The Secretary of State may decide not to carry out the assessment in (f) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
(k) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.

Non-Points Scoring Reasons for Refusal

You have applied for Indefinite leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) migrant, but the Secretary of State is not satisfied on the balance of probabilities that:

You have genuinely created the equivalent of 2 full time jobs, for which the applicant is claiming points in Table 6 of Appendix A and that you genuinely intend to continue operating one or more businesses in the UK.

In making the assessment above the following factors have been considered, as per paragraph 245DD(g) of the Immigration Rules:

(i) the evidence that you submitted;
(ii) the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
(iii) the credibility of the financial accounts of the business or businesses;
(iv) the credibility of your business activity in the UK, including when you had leave as a Tier 1 (Entrepreneur) Migrant;
(v) the credibility of the job creation for which you are claiming points in Table 6 of Appendix A;
(vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
(viii) any other relevant information.

In making the decision to refuse your application, careful consideration has been given to the following:

(i) the evidence that you submitted;

· Business bank account statements
· Unaudited accounts
· Companies House documentation
· HM Revenue & Customs documentation
· Proof of employee settled worker status documents
· Wage/pay slips to cover total period of employment created for each worker
· Personal bank statements
· Further supporting evidence submitted by email on 15 November 2024, 10 December 2024 and 11 December 2024.

(v) the credibility of the job creation for which you are claiming points in Table 6 of Appendix A;

You have applied for settlement as a Tier 1 Entrepreneur on the basis of having created the equivalent of at least 2 full time jobs at your business, named (ABC DEF), for settled workers in the UK and that these jobs have existed for at least 12 months during the last period of leave granted to you as a Tier 1 (Entrepreneur) Migrant. In order to qualify for settlement as a Tier 1 Entrepreneur you must meet the following requirement as outlined at Table 6, row 3:

“The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, or

(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application. In respect of an applicant who was granted a COVID-19 related extension of leave, the applicant must have:

Row 3

(i) created two jobs meeting the criteria in (a) or (b) for at least the 12-month period referred to above; and

(ii) created at least a further two jobs meeting the criteria in (a) or (b) that have been in existence for at least 12 months by the date of application (these jobs can be the same as (i) providing they meet the requirement of existing for at least a further 12 months).”

You claim in your application form to have employed the equivalent of at least 2 full time settled workers. In support of your application, you have provided HM Revenue & Customs documentation, proof of employee settled worker status documents and payslips to cover the period of employment created for each worker. You provided payslips for xxxxxx covering the period March 2023 until February 2024 and for ABC DEF covering the period August 2023 until July 2024. In your application form you state that both employees are employed as “Marketing Assistants”.

We wrote to you on 30 October 2024 to request the following additional information with respect to the Job Creation attribute of your application. In our correspondence we requested, among other things:

“Job descriptions for each settled worker relied upon, with evidence of their job activity”

In response to the above request you submitted, via email on 15th November 2024, screenshots of WhatsApp messages between yourself and your business, however the messages submitted did not evidence work undertaken by your employees as they only related to pictures of payslips, identity documents and life in the UK tests. We therefore again requested further evidence of work undertaken by your employees on 28 November 2024. In our correspondence we stated:

“Thank you for your email of 15 November 2024. In your correspondence you have attached WhatsApp chat logs for your employees. Having reviewed the information provided we require further evidence to corroborate the job creation claimed in your application. It is noted that you have provided WhatsApp records however the messages concern the issuance of payslips, information for HMRC, identity documents and life in the UK tests. The messages do not document work undertaken by your employees. On 30 October 2024 we wrote to you and requested, among other things, evidence of your employees job activity. The messages provided do not document work undertaken by your employees. Additionally you also state that you use Nextcloud for employee communication, however no evidence has been provided to show messages sent/received by your employees via this platform.

The job descriptions you provided for your employees in your correspondence of 15 November 2024 are listed below:

“Please find below the details of each worker.

Kindly note that we are using our own platform Nextcloud for employee communication. We are enclosing a screenshot of the employee accounts with chat in the attachment. We also use whatsapp. (see attachments)

● ABC (Marketing Assistant)

● DEF (Marketing Assistant)

Below is a list of tasks that our staff members regularly handle, but are not limited to:

Job activity

● Sales Support: Assisting with sales campaigns, promotions and marketing efforts. This includes creating and sending promotional emails, and helping to develop sales strategies.

● Order Processing: Managing online orders, which involves checking orders for accuracy, processing payments, creating labels and packing slips.

● Inventory Management: Keeping track of stock levels and ensuring that products are available for sale and updating product listings.

● Administrative Tasks: Updating the records of customers, handling returns and refunds, and generating sales reports.

● Customer Interaction: Responding to customer inquiries via email or phone These activities help ensure that customers have a positive shopping experience and that the company runs efficiently.”

In view of the above, we require you to submit time and date stamped evidence of the following:

Job Creation – evidence required for your employees

1) Please describe the recruitment process of the employees relied upon for points under the “job creation” attribute. Please also explain how you were involved in the recruitment process, and provide documentary evidence demonstrating your involvement.

2) Evidence of internal and external correspondence between you and your colleagues, and you and clients or customers of your business demonstrating your involvement in the business. Please ensure all correspondence you provide is date and time-stamped.

3) Evidence of work carried out by each employee you have used to claim points under the Job Creation attribute of your application.

4) Evidence of regular contact, such as emails, between yourself and your business and each employee used to claim points under the Job Creation attribute of your application. Please submit at least one example of electronic communication for each employee, for each month of employment claimed in your application. Please ensure all correspondence you provide is date and time-stamped. Please also submit evidence of messages sent/received by your employees via the Nextcloud platform you refer to in your correspondence. Please ensure you submit examples from the NextCloud platform for each month of employment claimed in your application.

5) Evidence of customer interaction as outlined by the job description for each employee including evidence of responding to customer enquiries via email.

6) Evidence of assisting in sales campaigns and marketing for each employee.

7) Evidence of order processing and management of online orders for each employee.

8) Evidence of sales reports generated by your employees.

9) Evidence of marketing tasks carried out for your business by your employees.”

In response to the requested information outlined above you provided answers via your immigration advisor by way of email on 10 December 2024. You failed to provide any time-stamped evidence aside from the aforementioned WhatsApp messages of communication with your employees or work undertaken by your employees. It is noted that you provided an image from Nextcloud, an image showing company email addresses issued to your employees, a CV for ABC, a screenshot of a job advertisement image and screenshots of Ebay messages sent by your business (via the email address “xxxxx”).

In view of the above, we again contacted you on 10 December 2024. In our correspondence we stated:

“Thank you for your email of 10 December 2024 with the following attachments: an image from Nextcloud, an image showing company email addresses, interior photographs of your business premises, a CV for ABC, a screenshot of a job advertisement and screenshots of Ebay messages.

Unfortunately we have not received all emails you sent on 10 December 2024 as the file size of all but one email exceeded 25MB. Please refer to information requested below and submit the requested information again. If the size of an email exceeds 25 MB, please submit the information via several emails.

Having reviewed the information provided on 15 November 2024, we require further evidence to corroborate the job creation claimed in your application. It is noted that you have provided WhatsApp records however the messages concern the issuance of payslips, information for HMRC, identity documents and life in the UK tests. The messages do not document work undertaken by your employees. On 30 October 2024 and 28 November 2024 we wrote to you and requested, among other things, evidence of your employees job activity. The messages provided do not document work undertaken by your employees. Additionally you also state that you use Nextcloud for employee communication, however the evidence submitted on 10 December 2024 does not show messages sent/received by your employees via this platform, only an overview of tasks. Please submit further evidence of correspondence sent/received by your employees via Nextcloud. Please ensure the evidence provided is date and time stamped.”

In reply you provided the following information regarding evidence of communication and work undertaken by your employees via your immigration advisor by way of email on 11 December 2024:

“Mr xxxxx business has consistently traded, contributing to the local economy and creating employment opportunities. While evidence of business activity may not conform to conventional formats, this is reflective of the operational nature of his enterprise as a small, hands-on business with a tight-knit team. The reliance on face-to-face communication, whiteboard tracking, and eBay’s integrated communication system is practical and efficient given the size of his team and customer base.

Client communication through eBay clearly demonstrates customer interaction and service delivery, pivotal to the business’s continued success.

Employees have been engaged in a variety of roles essential to the business’s operations, as evidenced by the tasks outlined in the job descriptions and corroborated by bank statements showing consistent wage payments.

During the pandemic, the business adapted to remote operations using the Nextcloud platform, demonstrating resilience. However, as conditions normalised, Mr xxxxx appropriately transitioned back to face-to-face interactions, reflective of a practical and responsive business strategy.

Small businesses like Mr xxxxx often lack the extensive documentation typical of larger corporations. Instead, they rely on efficient, less formalised processes tailored to their scale. This should not detract from the legitimacy of his operations but rather highlight his adaptability and entrepreneurial acumen.

Daily meetings and task coordination via a whiteboard system are reflective of a hands-on, collaborative approach, integral to small business success.

Limited resources are focused on operational priorities rather than creating and archiving extensive documentation, a practical decision for a business of this nature.”

In your correspondence received to date, you have provided photographs of the warehouse premises, employment contracts and job descriptions for the aforementioned employees. You also provided screenshots of WhatsApp messages, an overview of allocated tasks on the Nextcloud platform and screenshots of messages sent via the Ebay messaging service by the user “xxxxx@email”.

We are not satisfied that the evidence submitted provides credible examples of regular communication with your employees or documents work undertaken by the Marketing Assistants you claim to employ. The WhatsApp messages between yourself and your employees are limited to payslip advice information, identity documents, HMRC information and life in the UK tests, for the purposes of immigration. The WhatsApp messages do not document any work being undertaken or the allocation of tasks.

You have provided a screenshot of an overview of tasks allocated via the Nextcloud platform, however the tasks are not time-stamped. We therefore requested in our correspondence of 10 December 2024 “further evidence of correspondence sent/received by your employees via Nextcloud.” In reply on 11 December you state that you only utilised Nextcloud during the pandemic, however this information contradicts information you provided on 15 November 2024, in which you stated:

“Kindly note that we are using our own platform Nextcloud for employee communication. We are enclosing a screenshot of the employee accounts with chat in the attachment.”

The failure to provide time-stamped evidence of communication via the NextCloud platform and the contradictory information provided in your responses leads us to question the credibility of the Job Creation claimed in your application. It is also notable that the Ebay messages submitted only evidence messages having been sent from the email account “xxxxx@email.com”. No evidence of Ebay communication has been provided to corroborate your employees communicating via this platform.

Furthermore, whilst it is noted that you have submitted employee email addresses, showing that your employees have been issued with company email addresses, you have been unable to submit any evidence of either employee having sent an email via the email addresses provided.

The information you provided in response to our request for proof of work carried out by your employees is insufficient. No evidence has been provided to corroborate any work undertaken by your employees. No evidence has been provided to corroborate either employee having carried out any of the duties and responsibilities as listed by job description as outlined above. We requested electronic records showing communication between the Marketing Assistants, as listed in your application, and your business/clients/suppliers of your business. However, you have failed to submit any examples of emailed communication (sent internally to or from your own business to either employee, or sent externally to clients/customers). No evidence has been provided showing any form of electronic communication sent by any of your employees aside from the WhatsApp messages. The absence of this information is particularly notable in view of the job roles of Marketing Assistants for which you provided the following descriptions of tasks undertaken:

“Sales Support: Assisting with sales campaigns, promotions and marketing efforts. This includes creating and sending promotional emails, and helping to develop sales strategies.”

“Administrative Tasks: Updating the records of customers, handling returns and refunds, and generating sales reports.”

“Customer Interaction: Responding to customer inquiries via email or phone These activities help ensure that customers have a positive shopping experience and that the company runs efficiently.”

It would be reasonable to expect that many of these responsibilities would result in electronic records of the work undertaken and contact with suppliers and customers. It is not credible that your employees have carried out the duties and responsibilities as listed above in their job descriptions yet cannot evidence any work undertaken or significant records of emails or messages sent in the course of carrying out the above duties. Additionally it is also notable that despite employing two Marketing Assistants you have been unable to provide any evidence of online marketing or advertising for your business aside from your business website’s URL address.

In view of the concerns outlined above we are not satisfied that the jobs you have claimed in your application are genuine jobs that are required for the operation of your business.

Based on the above consideration the Secretary of State is therefore refusing your application because you have not met the genuineness test at paragraph 245DF(f), when assessing, on the balance of probabilities, the points listed at paragraph 245DF(g) and 245DD(i) of the Immigration Rules.

With reference to Paragraph 245DF(c) above, Table 6 of Appendix A of the Immigration Rules sets out the criteria an applicant has to meet in order to qualify for points, and is reproduced below:

Table 6: Applications for indefinite leave to remain as referred to in paragraph 38

Row

1 The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last grant of leave) in cash directly into one or more UK businesses.

The applicant does not need to provide evidence of this investment if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

20 points

2 The applicant was:

(a) registered with HM Revenue & Customs as self-employed, or
(b) registered with Companies House as a director of a UK company or member of a UK partnership.
The above requirement must have been met:

(i) within 6 months of entering the UK (if they were most recently granted entry clearance and there is evidence to establish their date of entry) or, in any other case, within 6 months from the date the most recent leave was granted, and
(ii) within the three months before the date of application.
The applicant does not need to provide evidence of (i) if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

20 points

3 The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, or
(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

20 points

4 (a) The applicant has spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) Migrant, or
(b) The applicant has spent a continuous period of 3 years lawfully in the UK as a Tier 1 (Entrepreneur) Migrant, and has:
(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs which meet the requirements in row 3 above, or
(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or
(iii) taken over or invested in an existing UK business or businesses and the applicant’s services or investment have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year period immediately before the date the applicant became involved with the business.

15 points

With reference to Paragraph 245DF(c) above, Paragraphs 45 to 50 of Appendix A of the Immigration Rules states which specified documents must be provided as evidence of any investment, business activity and job creation that took place when you had leave as a Tier 1 (Entrepreneur) Migrant.

Row 1

With regard to Row 1 of Table 6 above, it is accepted that you have demonstrated that you have invested not less than £200,000 in cash directly into one or more businesses in the UK. You have therefore been awarded 20 points for this attribute.

Row 2

With regard to Row 2 of Table 6 above, it is accepted that you have demonstrated that on a date no earlier than three months prior to the date of application, you were registered with Companies House as a director of a new business. It is also accepted that you have demonstrated that you were registered with Companies House as a director of a new business within six months of your entry into the Tier 1 (Entrepreneur) route. You have therefore been awarded 20 points for this attribute.

Row 3

With regard to Row 3 of Table 6 above, you are required to demonstrate that you have created the equivalent of at least 2 full time jobs for persons settled in the UK and that these jobs have existed for at least 12 months during the last period of leave granted to you as a Tier 1 (Entrepreneur) Migrant. For the reasons stated earlier in this letter, under the heading Non-Points Scoring Reasons for Refusal, the Secretary of State is not satisfied as to the genuineness of the jobs claimed in your application. In accordance with paragraph 245DF(i) of the Immigration Rules, no points have been awarded in this area.

Row 4

With regard to Row 4 of Table 6 above, it is accepted that have demonstrated 5 years of continuous lawful residence in the UK as a Tier 1 (Entrepreneur) Migrant. You have therefore been awarded 15 points for this attribute.

In total therefore you have been awarded 55 points under Table 6 of Appendix A of the Immigration Rules. As this is less than the 75 points stated in Paragraph 245DF(c) of the Immigration Rules, it is considered that you have failed to meet the requirements.

Your application for indefinite leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant is therefore also refused under Paragraph 245DF of the Immigration Rules with reference to Paragraph 245DF(c) and Appendix A of the Immigration Rules.

In making the decision to refuse your application we have considered Paragraph 245AA which explains the actions that we may take if specified documents are not submitted with an application.

We contacted you on 30 October 2024, 28 November 2024 and 10 December 2024 to request additional information relating to the Job Creation attribute of your application. Full details of this missing information appeared earlier in this letter.

In line with Paragraph 245DF(j) of the Immigration Rules, we have not carried out an assessment as detailed in Paragraph 245DF(f) of the Immigration Rules as your application has been refused. We reserve the right to carry out this assessment in any challenge of this decision or in future applications for indefinite leave to remain under Tier 1 (Entrepreneur) Migrant.

Please note, on this occasion we have not carried out full verification checks to ensure the authenticity of the documents you submitted or the statements that you have made on your application form, as your application falls for refusal on other grounds as outlined above.

However, UK Visas and Immigration reserves the right in future to request independent third party verification to check the authenticity of any piece of supporting documentation that you provided with this application, or will provide in any future application or any statements that you have made or will make in connection with this or any future application.

Consideration has also been given to section 55 of the Borders, Citizenship and Immigration Act 2009 (Duty regarding the welfare of children). The duty to have regard to the need to safeguard and promote the welfare of children requires UK Visas & Immigration to consider the effect of any children of a decision to refuse leave, or remove, against the need to maintain the integrity of immigration control. Our aim is always to carry out enforcement of the Immigration Rules with the minimum possible interference with a family’s private life, and in particular to enable a family to maintain continuity of care and development of the children in ways that are compatible with the immigration laws. In the particular circumstances of your case, it has been concluded that the need to maintain the integrity of the immigration laws outweighs the possible effect on your children that might result from you and your children having to re-establish family life outside the United Kingdom.

If you hold a Biometric Residence Permit (BRP) which is no longer valid, either because your right to remain has expired or it has been superseded by a further grant, you must now return it to the Home Office. You should cut the card into quarters and post it in a plain, windowless envelope. If you are returning the BRP from within the UK then please send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. If you are returning the BRP from outside of the UK please send it to: BRP Returns, Home Office, Conference House, Conference Avenue, Portishead Office Park, Portishead, Bristol. BS20 7LZ. You may be subject to a financial penalty of up to £1,000 if you fail to return your old BRP.
If your BRP is lost, stolen or damaged you must tell the Home Office or risk a financial penalty. Details about reporting lost, stolen or damaged BRPs are on our website at: https://www.gov.uk/biometric-residence- ... en-damaged.

Next steps

You have 14 calendar days from the date on which you received this decision to apply for administrative review.

You may only apply for administrative review if you think there has been a case working error.

Information on how to apply for administrative review, the process and the fees payable are all available online at: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

The administrative review application form is available online at: https://eforms.homeoffice.gov.uk/outrea ... dance.ofml

Immigration Health Surcharge

If you have paid it, the Immigration Health Surcharge (IHS) will be refunded:

if you do not apply for administrative review within 14 days

if you apply for administrative review and your administrative review is unsuccessful

Removal from the UK

You do not have to leave the United Kingdom:

during the period in which you may apply for administrative review
while any application for administrative review is being decided
if you make an application for leave to remain on another basis
if you have extant leave to enter or remain
If you do not apply for administrative review and you require, but do not have, leave to enter or remain in the United Kingdom you can be removed to Pakistan. You may also be detained or required to report until your removal. If you do not choose to apply for administrative review of this decision you will be given further notice of when you will be removed.

If you do not apply for administrative review but you think there are other reasons why we should allow you to stay in the UK

If you think you have a legitimate reason to remain in the UK you need to make an application to stay. Details of how to apply can be found on the immigration pages of www.gov.uk.

If you do not tell us as soon as you can of any reasons why you should be allowed to stay and you apply later you may lose any right of appeal against a refusal of that application.

If you want to seek legal advice you must do so now.

Consequences of staying in the UK unlawfully

If you stay in the UK without leave:

you can be detained
you can be prosecuted, fined and imprisoned
you can be removed and banned from returning to the UK
you will not be allowed to work
if you work illegally, your earnings may be seized and assets confiscated
you will not be able to rent a home
you may not be able to claim any benefits and you may be prosecuted if you try to
you can be charged by the NHS for medical treatment. If you fail to pay, this may prevent you from remaining or re-entering the UK
you can be denied access to a bank account. Your existing bank account may be closed or frozen and any balance withheld unless you leave
Driver and Vehicle Licensing Agency can prevent you from driving by taking away your driving licence

Help and advice on returning home

The Home Office Voluntary Departure Service can be contacted for help on returning home.

The team can discuss your return, help to obtain your travel document and send it to the port of departure, help with the cost of your tickets and, in some cases, provide other financial and practical assistance once you have returned to your home country.
Please note that if your travel documents are held by the Home Office please contact the voluntary returns service before you book your flight if you are paying for your own return. This will help us ensure your passport is available for your flight.

Contact the Voluntary Returns Service
Telephone: 0300 004 0202 (Monday to Friday between 9.00am and 5.00pm)
Web: https://www.gov.uk/return-home-voluntar ... n-get-help

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

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zimba
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Re: Tier1 Entrepreneur ILR REFUSAL

Post by zimba » Thu Jan 09, 2025 11:49 am

The refusal letter clearly states that they do not believe the jobs you created are genuine.
Why couldn't you provide the evidence they asked for ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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