A legal agreement between Mr. Sajjad and the company was to justify (i) the terms of the loan, (ii) the interest payable, (iii) the duration of the loan and (iv) the unsecured and subordinated loan period for third-country creditors. The terms of paragraph 46 were quite clear and the agreement was mandatory, as it must be provided for in all cases, and Males LJ terminated its judgment by giving advice to tier 1 (entrepreneur) applicants and indicated that: Males LJ added that Mr. Sajjad was not eligible for the PBS third party (contractor) , “no pure technique” since it is imperative for him to score 75 points. his application was denied. It is its responsibility to comply with paragraph 46 of the SD (a) (iii) and should have included a written loan contract containing the necessary information on his application for residence. In fact, as Males LJ explained: Mr. Sajjad, counsel, gave the idea that the investment could have been a “gift” in the legal sense of the word, but the court refused to make a statement on this point, apparently because they were sure it was a director`s loan and therefore they did not need to consider it. In a Pakistani businessman`s complaint against the rejection of his application for judicial review against the rejection of his application for tier 1 (operator) status of the points system (PBS), the Court of Appeal found that the term “director`s loan” under Rule 46-SD (a) (a) (iii) of Schedule A of the immigration code had no technical significance. The term only means a loan from a director to his company and covers any transaction in which a director paid money to the company or to the benefit of the company on the basis of which it would one day be repaid. The result shows once again that the PBS requires strict compliance with the rules. Mr. Sajjad entered the UK in 2011 and had only a limited purpose to enter the tier 1 (entrepreneur).
On April 1, 2015, he tried to extend his vacation by claiming points based on his investment in a British company – that is, Blanco Coffee Limited – lastly as Sajjad`s Grill and Restaurant , of which he was the sole manager at all times material.