OBBS - Only Business Bank Statements

[OBBS1]

Hi All,

"Limited Company, Sole Director, Salary + Dividend for Accounting Year Claimed For - Remains in Business Account - NO PERSONAL BANK ACCOUNT HELD (really! at all). Same evidences of Income with same business accounts - 2014 visa extension was granted same day process."

A Big Thanks to this board and to those who brave immigration!
- This board has helped in the past since Oct 2009 - although till yesterday 27th Oct 2017 - I had usually a straight forward case ..
- This time which is my ILR application after 1original+2 extensions on TIER 1 GENERAL and 7 years + 9 months in the UK with valid continuous leave,
- Working as Sole Director of Limited Company since 2013 - there seems to be an issue with interpretation for the case-worker - I had the 'pleasure' to meet/interview with case-worker at the same day process ...

SUBJECT: The case-worker is asking "show me the money"! Dividends and Salary declared as Income .. being transferred from Business Account to Personal Bank account for the claimed Salary and Dividend from Limited company, at which I am the sole Director. The reason I CANNOT show it, is that
-> ALL BUSINESS-INCOME/MONEY (Earned Directly by my working for the Company) REMAINS IN BUSINESS ACCOUNT ( Invoices Paid to Current Account - moved to Active Saver Account - transferred as needed to Current back again in small chunks as expenses arise - NO expenses other than food-sustenance, travel, home-office-rent, depreciation; staff-cost(salary drawn) ... With my case, I have supplied - Dividend Vouchers (2) to me and payslips for salary to myself ; All 12 months (accounting period Aug 2016-July 2017 Business Bank Statements (Current + Saver), Contract-agreements, Invoices raised, Remittance receipts from 'clients'.

LONG-STORY: The concern for which case-worker, at one of the Premium Service Centres that was NOT in Croydon, London - where my previous extension in Nov 2014 had successfully been processed on the same day - WHEN - I had supplied as proof of earnings - Invoices + Dividends/Payslips and the Payments made in to my Barclays Business Account only! ... Since yes, I only had and have-had-till-date a Business-Account ... It worked with me (blissfully, till date!) and my accountant has never complained or suggested/recommended otherwise...

=> There is no complications in the business account -> Invoices get paid in the Current Account - I move them the total amount to the linked Business Active Saver account and... when any expense(s) needs to be made (Business or very few if any Personal types) I use my business debit card ...

Since all the accounting from 2013 - my expenses - as a single, living alone in a box! eating, working/working-from-home, and paying CORP taxes and filing Self-assessment (SA302s available now) ... The accountant requests Invoices + Business Bank Statements => Does his thing and lets me know VAT and eventually, the Net Profit and we discuss (like a board meeting! on the phone) what should be the Dividend Amount and I have declared all those in my personal self assessment eventually .. I have to still file for Mar 2016-April 2017 yet ..

=> The case worker was stressing on this point - and handed me a letter which states that the application is valid and needs further ENQUIRIES (he told me they had to be going to HMRC to validate etc..) needed to be made in the case for which they are being passed to a team where such ....

Well wishers, Truth Seers and 'Company Finance' Lawyers, Or simply the All-In-Ones! -- Please HELP!

Thank you much in advance for your inputs now and in future.

[OBBS1]

Hello,

Anyone for advise on - this subject please ?

If limited company director has earned the income and provided contracts, invoices, and bank-statements showing earnings ... and there is sufficient money in the bank accounts ... Is it really really! 'mandatory' that director should have been 'paid' salary+dividend (as claimed in ILR application for earnings) .. to have transferred such amount to his/her personal bank account ? And What if it was just left in the Business Active Saver account all the time ..

Please comment.

Kind Regards,
Aaseaf

[mulderpf]

Not sure what your question is really. There's a lot of fluff in your post, but not much information - what route were you applying through and what are you expecting advice on?

[OBBS1]

Hi mulderpf,

Thanks for looking past the fluff. I have applied for "ILR Tier 1 General" using Set(O) form.

The focus is on earnings and my earnings based on date of application being 27th Oct 2017 are for my limited company's accounting period - 01-Aug'16 to 31-July'17.

My query is around the topic - for PREVIOUS EARNINGS points to be claimed - is it necessary to show that a sole director of limited company has 'moved' money from business bank account to personal bank account for salary/dividend.
- I always used business account (debit card) to make any/all expenses. My total annual expenses (personal+business-tagged) are less than half of the Net-Profit of the company.
- I used similar proofs and documents in Nov 2014 extension and got the visa approval same day.

So, my question
A] - Is it mandatory to show salary+dividend being paid into personal bank account for sole-director of limited company who has himself earned the money for the/his/her own business.
B] - and if I have paid for premium service (500£ more than postal) why would the case-worker not spend the effort to make clarification and work towards resolving the case same day ... when I also clearly gave him reference to the last successful visa application based on same situation/documents (as in my own previous case is a successful/passed reference!)

Hope this clarifies.

[OBBS1]

Small update ... Based on my own researching now,

Page# 28 : 322(7)
https://www.gov.uk/government/uploads/s ... -4-v28.pdf

=> I can state that: about earnings the last doubt the guy could have is history of self-assessment filing of tax return based on previous earnings claimed .. I have SA302 with me that shows clearly that I declared exact amounts to both UKBA first and HMRC later - hence, removing any possibility of intent/proof of lies or deception to obtain leave-to-remain.

[OBBS1]

Also, I reached out to all possible sources to get in touch with the case-worker in Glasgow .. and cannot reach him.

1] the helpline: 03001232241 - gave me an email address and said use this one, which responds strictly use for refunds and nothing else.. : [pscappointmentrefunds@homeoffice.gsi.gov.uk]

2] again the helpline: 03001232241 - this time gave another email which is non-existent/bounced [contactcentreenquiries@homeoffice.gsi.gov.uk]

3] again the helpline: 03001232241 - this time got another email id [complaints@homeoffice.gsi.gov.uk]


for this [3]rd one - I wish to catch a big-sleep before using it .. else might get another surprise!

[OBBS1]

A slightly depressing reference to such a similar case - that seems like my fate - unless a confident case-worker understands all the areas and history and looks at the file with reasonable considerations ...

indefinite-leave-to-remain/administrati ... 14-20.html

To express again - my earnings have been retained in the company (business account) and self assessment for 16-17April - has not been filed and I am taking 12 months Income(Invoiced+Contract+BusinessStatements) from August16-July17 as it is my company financial year.

- I had ordered all SA302 and contacted HMRC for Self-Assessment and Corp - apparently they don't see an issue when discussing with them on the phone - I understand legalities would not be their domain though...

[OBBS1]

To contrast from below or other cases - I have had NO amends and my Nov 2014 application for Tier 1 General Extension was granted based on promise of Salary Slips and Dividend vouchers generated by myself and ALL Self Assessments since have declared the figures that were promised to UKBA(HO)|HMRC ...

And, my current application (27th Oct 2017) has declared Dividend in equal parts for June and July 2017 which is less than Net Profit and enough to satisfy anybody's wildest thoughts - that the income has been created-accounted-for-and-proven to be through solely my/applicant's efforts alone and filed with HMRC for July'17 accounting period and Corp tax paid...

So, This is does NOT apply to me, I strongly believe:::
http://www.salamimmigration.co.uk/immig ... olicitors/


...................

A slightly depressing reference to such a similar case - that seems like my fate - unless a confident case-worker understands all the areas and history and looks at the file with reasonable considerations ...

indefinite-leave-to-remain/administrati ... 14-20.html

To express again - my earnings have been retained in the company (business account) and self assessment for 16-17April - has not been filed and I am taking 12 months Income(Invoiced+Contract+BusinessStatements) from August16-July17 as it is my company financial year.

- I had ordered all SA302 and contacted HMRC for Self-Assessment and Corp - apparently they don't see an issue when discussing with them on the phone - I understand legalities would not be their domain though...

[OBBS1]

Buddy, I answered your query and more ... are you interested or can get someone else be interested in this? Please.

Not sure what your question is really. There's a lot of fluff in your post, but not much information - what route were you applying through and what are you expecting advice on?