Successful application for an extension as a Tier 1 (Entrepreneur) migrant and PBS Dependant partner

Successful application for an extension as a Tier 1 (Entrepreneur) migrant and PBS Dependant partner

On January 03, 2021 | In Tier 1 Entrepreneur Visa | By A Y & J Solicitors

Mr A was a previous client of ours, whom we have helped at the time of his Tier 1 (Entrepreneur) Entry Clearance.  Time passed by, and Mr A approached us for help to extend his leave to remain as a Tier 1 (Entrepreneur). If at the time of his initial application things were quite smoothly, the situation was not the same for his extension application.

How we helped

Mr A had to satisfy all requirements stated in paragraph 245DD of the Immigration Rules. He had to prove that his company created at least two full-time employees, the genuineness of the business and his proposed investment of £200.000. To assist Mr A in succeeding with his application, we prepared a detailed checklist to outline specified documents he needed for the investment, job creation and genuineness of the business. We liaised with Mr A’s accountant and helped them to gather all the documents.

Mr A decided to invest his £200k using the Director Loan route.  In such circumstances, a Director is required to show documents providing the £200k transfer from his personal account into the business account.  While reviewing his documents, we identified that only £110K could be readily identifiable transactions in his business bank statements. We identified that the investment was down by £90k. Mr A was not aware that each transaction he did for the business needed to be recorded on his business bank statement to rely on the £200k investment.  We explained to Mr A the issue, and he informed us that he used his personal account to spend money on the business when his company did not have a business account. We requested receipts/invoices he paid for the company using his own card. Based on those, he spent around £100K in total from his personal account before his company opened a business account.  While the accountancy rule allows business owners to pay for their business expenses using their credit card, the same cannot be said about the Immigration Rules.  Therefore, instead of relying on investment of £200k as director loan, which in any event he could not meet the specified evidence, we found a solution for Mr A. We advised that the shortfall of £90k would count as a direct cash investment. Mr A’s accountant confirmed the same on the annual accounts as well, and we proceeded with the application based on director loan (£110k) and cash investment(£90k).

Another issue was that Mr Adid not have sufficient maintenance funds in his bank account for a consecutive 90 days. We checked all his UK accounts and overseas accounts. Eventually, we combined all his personal bank accounts to score points for the maintenance funds for himself and his dependants.

We helped Mr A to submit the online application and uploaded all the documents for his biometric appointment.

Result

Only a few weeks after Mr A and his family enrolled their biometrics;their applications were approved. With our help, Mr A and his family can continue to live and work in the UK.

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 10+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. Having assisted 4000+ clients, we are well equipped to help you with our ‘In It To Win It’ approach. For your assurance and confidence, we are pleased to share our trust rating of 4.9/5 based on 700+ reviews on Trustpilot & Google.

Tier 1 Entrepreneur Visa

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