Tier 1 extension appeal

NRK · Post by **NRK** » Sat Jun 23, 2012 11:01 pm

Thanks WRS

But it does not mean an sole employee cum sole director cannot claim net profit of the company is there any such rule in the tier1 that says employee/director cannot claim net profit

if so please let me know

their immigration rule says
---------------------------------
Where an applicant is claiming earnings for self employment in the UK, additional documentation will be required to demonstrate that they are established as being self employed.

An applicant’s overall total earnings can include those from several sources of work, including a combination of salaried employment and self-employed activities.
 Earnings do not need to have been with a single employer.
 Earnings can be considered from full-time, part-time, temporary and short-term work.
 Earnings may include, among other things:
 salaries (includes full-time, part-time, and bonuses);
 earnings from self-employment;
 earnings from business activities;
 statutory and contractual maternity pay and statutory and contractual adoption pay;
 allowances (such as accommodation, schooling or car allowances) that form part of an applicant’s remuneration package;
 dividends paid by a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part or all of his/her remuneration package;
 income from property rental, where this forms part of the applicant’s business; and
 payment in lieu of notice (a payment made instead of requiring an employee to work the normal period of notice when leaving a job).

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on page 29 of immigration rules

now on page 32 of their immigration rules
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Company or business accounts that clearly show the net profit of the company or business. Accounts must show both a profit and loss account (or income and expenditure account if the organisation is not trading for profit) and the balance sheet should be signed by a director. Accounts should meet statutory requirements and should clearly show the net profit made over the earnings period to be assessed.
------------------------

In here they have not mentioned that employee must show this or a self-employee must show this net profit

please comment

WRS · Post by **WRS** » Sun Jun 24, 2012 10:32 am

NRK wrote: In here they have not mentioned that employee must show this or a self-employee must show this net profit

You are perhaps right! When the CW has considered part of your earnings as valid earnings being director of limited company, the question is why didn't he considered the net profits from business account in the same capacity?.You should go for appeal anyway proving your retained profits in business in capacity of being director of limited company and in such case class 2 NI is not applicable.

All the best!

NRK · Post by **NRK** » Sun Jun 24, 2012 11:40 am

Thanks WRS

anybody else who feel that i have done wrong in providing netprofit being sole director & sole employee let me know so that it will help me in hearing

since they have that rule that is why i tick that option and provided necessary documents
"Company or business accounts net profits"

Regards

zuby · Post by **zuby** » Sun Jun 24, 2012 1:05 pm

I think this link is useful for your hearing:-

http://www.businesslink.gov.uk/bdotg/ac ... =RESOURCES

NRK · Post by **NRK** » Mon Jun 25, 2012 11:57 am

Hello everybody

One more question now my Tier1 visa expired in may 2012 i have filed for an appeal while the appeal is in progress

Can i file a fresh applicaiton with new documents and so on is it possible or is there any rule i can't file fresh application

regards

Post by **geriatrix** » Mon Jun 25, 2012 12:11 pm

You cannot make a new application while the appeal is pending. You will need to withdraw the appeal before making a new application.

Withdraw the appeal and make a new application on the same day.

NRK · Post by **NRK** » Mon Jun 25, 2012 10:32 pm

Thanks for your comments

Guys can i not provide any supporting documents my lawyers say no supporting documents nor anything during the appeal hearing all i need to do is fight with the documents i gave to ukba during application time

one more question if the appeal is rejected can i make a fresh application
please let me know

contactrizwan79 · Post by **contactrizwan79** » Tue Jun 26, 2012 9:17 pm

Hi Everyone,

I am also in the same situation, like running own limited company and withdrawing salary and dividend paid Employer's NI but I haven't paid Class 1 NI.

Will ask to accountant, but I think my salary is below to the ET.

NRK : You ticked Self Employed your self that was a big mistake but Now I don't think you can add any Documents in appeal.
As your solicitor said I think that will be a good idea.

Regards

NRK · Post by **NRK** » Tue Jun 26, 2012 9:24 pm

Thanks rizwan

to everyone

just a question
can i file a fresh application after the appeal hearing does not go in my favor

please let me know

WRS · Post by **WRS** » Tue Jun 26, 2012 9:41 pm

contactrizwan79 wrote: NRK : You ticked Self Employed your self that was a big mistake

I had ticked "self employed" in my Tier 1 form being director of limited company showing earnings from drawing salary & dividend (paying tax and class 1 NI),never registered as self employed with HMRC and hence didnt paid any class 2 NI, and today I have got the approval letter.

NRK · Post by **NRK** » Tue Jun 26, 2012 9:47 pm

congrats WRS for your approval

But then you have shown salary and dividents i had shown salary and netprofit of my limited company

can i file a fresh application after the appeal hearing does not go in my favor
please let me know

WRS · Post by **WRS** » Tue Jun 26, 2012 10:21 pm

Thanks NRK,

What I have read on the forum is that the immigration rules allow "out of time" application to be treated as normal, however your continuous residence period towards ILR would be affected. Please let others reply to confirm on that.

tier1appeal · Post by **tier1appeal** » Sat Jun 30, 2012 1:25 pm

I'm in a similar situation as NRS...I'm a company director and have claimed Sal+div+net profits. My visa got refused...
Pls advice what I should do?

I've another option....I was working under Umberella company for 3 months in 15 months period...If I combine my salary from umbrella company, I'll qualify for points.

tier1appeal · Post by **tier1appeal** » Sun Jul 01, 2012 2:56 pm

Hi
I found a very interesting document on UKBA website..which might help in appeal..

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Self-employed applicants
Past earnings for self-employed applicants may have been paid in a number of ways. The applicant may pay themselves a salary out of the company funds or they may take the company profits as their earnings. The pay advice to the applicant may show payments to the applicant out of company profits in the form of dividends. The caseworkers should consider the gross dividend paid to the applicant. Where a breakdown of the dividend payments is given on the pay advice, the gross dividend is the net dividend payment plus the tax credit stated.
If the applicant is not paid a set salary, the caseworker must establish how much of the net profit of the company has been paid to the applicant. The assessment must work on the net profit, as this is the figure that is available as potential earnings (after all the company expenditure has been deducted).
The caseworker must also establish whether the applicant is the sole owner or is a partner. If the applicant is the sole owner, the assessment of their earnings may be made on the whole amount of the business’s net profit. However, if the applicant is
one of a group of partners the applicant should provide evidence of what share of the profits he/she is entitled to as earnings.

tier1appeal · Post by **tier1appeal** » Sun Jul 01, 2012 3:00 pm

More interesting fact!!

Considering company accounts
The most appropriate form of evidence to indicate whether the applicant is the sole owner and receives the company’s net profit are the company accounts. The applicant should provide a copy of the company’s most up-to-date accounts (to cover the chosen period being claimed up to a maximum of twelve months). This should indicate the net profit and whether the applicant is the sole owner or a joint partner.
If the annual turnover of the company dictates audited accounts are not appropriate then unaudited business/management accounts confirming the total amount claimed should be provided along with either: business bank statements together with a business tax return; or copies of contracts totalling the full amount payable to the individual together with corroborating invoices detailing payments. Typically, the majority of applicants that apply under the self employed category and are working within the UK will be managing small companies. The annual turnover for such companies will often not be high enough to merit the production of audited accounts, although un-audited accounts would still need to be produced at the end of each financial trading period. Un-audited accounts should be prepared in accordance with statutory requirements. In practice, for small companies within the UK, the balance sheet should be signed by the Company Director. Additional statements should appear above the Director’s signature confirming that the accounts have been prepared in accordance with the Companies Act 1985.

tier1_aspirant123 · Post by **tier1_aspirant123** » Sun Jul 01, 2012 10:23 pm

about the link that tier1appeal has post its an old link used for HSMP so it is not necessarily followed by case worker for Tier 1's decision making.

tier1appeal · Post by **tier1appeal** » Sun Jul 01, 2012 10:27 pm

It is still on UKBA website!!

tier1_aspirant123 · Post by **tier1_aspirant123** » Sun Jul 01, 2012 10:28 pm

yeah but that does not mean it is for tier 1 visa check the url...

NRK · Post by **NRK** » Mon Jul 02, 2012 8:48 am

hello tier1appeal

you said
I was working under Umberella company for 3 months in 15 months period...If I combine my salary from umbrella company, I'll qualify for points.

I think now in appeal you cannot add any more documents to your appeal all you can do is fight with what ever evidence you provided during tier1 application in case appeal is not in your favour you can file fresh application with all fresh documents this time i better suggest catch a consultancy to do this

WRS · Post by **WRS** » Mon Jul 02, 2012 9:31 am

If unfortunately, the appeal gets refused, do re-apply within 28 days.

They are making more strict rules for overtayers from oct 2012
http://www.ukba.homeoffice.gov.uk/sitec ... verstayers

tier1appeal · Post by **tier1appeal** » Mon Jul 02, 2012 10:03 am

Am I considered as overstayer? My visa expired on 20 May 2012 but I got refusal only on 28th June.

WRS · Post by **WRS** » Mon Jul 02, 2012 10:06 am

tier1appeal wrote:Am I considered as overstayer? My visa expired on 20 May 2012 but I got refusal only on 28th June.

Since you have appealed within 28 days, you are not overstayer. If the appeal gets refused then probably you will be. And in such case you may not delay filing a new application within 28 days.

NRK · Post by **NRK** » Mon Jul 02, 2012 10:11 am

thanks WRS

NRK · Post by **NRK** » Tue Jul 03, 2012 9:24 am

Hello everybody

I have a question if i file a fresh application as my visa expired in May 2011
can i not work for the time till i get to know the status of my application

please comment guys

regards

Post by **geriatrix** » Tue Jul 03, 2012 10:34 am

NRK wrote:can i not work for the time till i get to know the status of my application

No, not from the day you withdraw your appeal until the out-of-time application is approved.

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Tier 1 extension appeal