Tier 1 Extension Refused!

[Mrkhan1980]

I applied for my extension in November 30 2012, today I got a call from my solicitor that I have been refused I did not have my refusal letter with me but by my solicitor I was refused because I did not provide the required evidence to proof my income.

I applied as salaried employment and employed through my own limited company. (Director and 100 share holder) Documented I provided was

1) Personal Bank Statement
2) Saving accountant statement (salaried employment)
1) Salary Slip + Employer Letter (from my company)
2) Accountant Letter/Profit and Loss Statement
3) Payslips + Dividend Voucher with minutes (Declaration of Voucher)

as per my solicitor they have stated in a letter that I am self employed through my own limited company and there for I should have provided additional documented to prove my income. They have specially stated that I should have provided proof of each source of income including

1) invoice summary from acccounted
2) invoices
3) and Business statement

(I don't know the exact wording but will be posting tomorrow )

As per my understanding we should provide least 2 evidence from different sources as proof of our earnings

as from my employment I have provided
salary slips and personal bank statement

and from my self employment through my own limited company I have provided

dividend voucher + Salary slip
Accountant letter + Profit and Loss statement
Personal Bank Statement

Have I made mistake and miss some thing here? am I on fault ? I though home office suppose to ask for additional documents if they required so not dump and refuse some one after 6 months

or this is another case of home office incompetence.

Please guys and Gurs advice my for correct action as I am devastated

[navcomps]

Hi ,

Sad to hear about your case, Don't worry my friend.

Wait for the letter.


You should be fine if you appeal, since you have provided documents as per policy guidelines to prove your earnings.




Cheers
Naveen

[susheel]

Dear Friend very shocking news. Witout letter can't say exactly but as per your Solicator mentioned that by UKBA 'I should have provided additional documented to prove my income'. I think case worker is expecting the additional earning proof (Any agreement / document between Ur company & your Client) for source of earning. Like you have been working as self employes and you must be provideing your services to third party (Client/ Company). If you would provide any document for that than would be great.

Please share more information once you will get the letter.

Best of Luck.

[navcomps]

Is your solicitor posted your application or through PEO service ?

If it is PEO, then they should have asked additional documents at that time right ?



I remember one post in immigration board, who applied through PEO and refused after 11 months But it got approved after appeal with additional letter/document. So don't stress or worry at this time.


susheel is right they may be trying to understand that business Income is genuine.But I hope providing those supporting documents during your appeal should make your case positive.

[Mrkhan1980]

Dear Friend very shocking news. Witout letter can't say exactly but as per your Solicator mentioned that by UKBA 'I should have provided additional documented to prove my income'. I think case worker is expecting the additional earning proof (Any agreement / document between Ur company & your Client) for source of earning. Like you have been working as self employes and you must be provideing your services to third party (Client/ Company). If you would provide any document for that than would be great.

Please share more information once you will get the letter.

Best of Luck.

But she/he did not asked for the documented's and refused me right away with out giving me any options.....although I have the chance to appeal but on what cost ! I have applied according to their guidances and I am considered employee as I work through limited company structure not self employed. Please correct me if wrong

[Mrkhan1980]

Is your solicitor posted your application or through PEO service ?

If it is PEO, then they should have asked additional documents at that time right ?


I remember one post in immigration board, who applied through PEO and refused after 11 months But it got approved after appeal with additional letter/document. So don't stress or worry at this time.

susheel is right they may be trying to understand that business Income is genuine.But I hope providing those supporting documents during your appeal should make your case positive.

I applied through post !

You are saying that they are trying to establish that my business income is genuine or not but what way is this to establish any thing by refuseing some one with out asking them to provide the additional documents.

[hussainkothari]

So the area of difference here is that you consider yourself as a salaried employee (rightly) and the ukba considers you as a self employed person.

So the idea is to prove yourself as a salaried employee. I remember there was a thread where in a similar case the ukba was forced to accept (thru hmrc) that a person trading thru his limited co and who takes dividends is essentially a salaried employee.

You will need to go thru the same process my friend. Ill try to dig out that thread later today.

[danial786]

what ?

[Ali1975]

Dear I seen 2 other same cases like you, you need to appeal and I am 100 % sure you can win in court.

This is not a matter of any additional documents to prove your business like contracts or agreement.

Problem is with your Ltd company earnings, actually you have 3 types of earnings from 2 sources, and UKBA took your earnings from Ltd company as self employed and Tier 1 General policy guidance clearly mentioned that earnings from a self employed source must provide additional documents such as actual invoices and business bank statements etc, and you also need to provide proof of HMRC self employed registration and NI payments.

As you applied through solicitor , he must know about this.

What you need to do know?

As you are sole director of the ltd company and took dividends , you are not self employed and you not suppose to provide any additional documents , I can understand its quite stressful time for you but dont panic , try to consult more than 1 solicitor before submitting your appeal, although new rules not allowing to submit new evidence with appeal but get ready your paper work for both situation, even if you go for self employed you can provide required documents in court , Good Luck

[danial786]

sorry to hear about you.

[Mrkhan1980]

but I am not self employed. Am I ?

I have also find another thread which is some how similar to my case and home office apologize to him for considering him self employed

http://www.immigrationboards.com/viewto ... ed&start=0

only difference is that i did not provide Invoices Stamped by Accountant.

but i think it is additional proof as per the guidances you need to provide two kind of proof. I provided accountant letter + profit and loss statement, dividend voucher + salary and personal bank statement

[susheel]

but I am not self employed. Am I ?

I have also find another thread which is some how similar to my case and home office apologize to him for considering him self employed

http://www.immigrationboards.com/viewto ... ed&start=0

only difference is that i did not provide Invoices Stamped by Accountant.

but i think it is additional proof as per the guidances you need to provide two kind of proof. I provided accountant letter + profit and loss statement, dividend voucher + salary and personal bank statement

Invoices are not mandatory. Accountant letter + profit and loss statement, dividend voucher + salary and personal bank statement is enough.

[Mrkhan1980]

but I am not self employed. Am I ?

I have also find another thread which is some how similar to my case and home office apologize to him for considering him self employed

http://www.immigrationboards.com/viewto ... ed&start=0

only difference is that i did not provide Invoices Stamped by Accountant.

but i think it is additional proof as per the guidances you need to provide two kind of proof. I provided accountant letter + profit and loss statement, dividend voucher + salary and personal bank statement

Invoices are not mandatory. Accountant letter + profit and loss statement, dividend voucher + salary and personal bank statement is enough.

so do I have a strong case ! and why are they considering me self employed ! Please Gurus Help !

I have taken some time off today and next week and hopefully will meet with few immigration consultants to find more about this !

If any one can suggest good Solicitor experiences in similar matter or dealt with the same situation before it would be very helpful !

[Mrkhan1980]

Dear Friend very shocking news. Witout letter can't say exactly but as per your Solicator mentioned that by UKBA 'I should have provided additional documented to prove my income'. I think case worker is expecting the additional earning proof (Any agreement / document between Ur company & your Client) for source of earning. Like you have been working as self employes and you must be provideing your services to third party (Client/ Company). If you would provide any document for that than would be great.

Please share more information once you will get the letter.

Best of Luck.

how can i provide them these documents now ! I have been refused....

[susheel]

Dear Friend I have just got the approval letter by UKBA for mine and 3 dependend Visa. I have given the document as below like yours.

i) Original Salary slips (01st Feb’2012 – 31st Jan’2013)
ii) 12 Months Dividend vouchers (01st Feb’2012 – 31st Jan’2013)
iii) Dividend Summary (Net + Tax = Gross) (Limited company, 100 percent share holder and Director)
iv) Accountant letter.
v) Last 12 months Original HSBC Bank Personal A/c statements confirming the Salary and Dividend being Paid In
vi) Original contract agreement between my limited company & agencies. (This Extra document I have given than yours case.)

I did not provide Bussinus bank statemnet, HMRC letter, Company formation letter etc.

I belive you will definatly win the case.. Do not worry..

[spellish]

Hii

@ khan would u plz tell me did u receive the letter from ur Solicter ??

So when u gonna go for appeal ?? Hope for the best ,
InshaAllah u ll get ur visa.

[zabizabi]

so you have two sources of income. what documents you submited with your passport,proof of income, specially for company income. they need two different proof for every income.so please explain your case more claerly. i recently extended my visa, it was so easy and took 14 days in the post.

[Mrkhan1980]

so you have two sources of income. what documents you submited with your passport,proof of income, specially for company income. they need two different proof for every income.so please explain your case more claerly. i recently extended my visa, it was so easy and took 14 days in the post.

I submitted following document's

1) Personal Bank Statement
1) Salary Slip + Employer Letter ( Salarized employment)
3) Payslips + Dividend Voucher with minutes (My Own Limited company, 100 percent share holder and Director)
2) Accountant Letter/Profit and Loss Statement


were your the same

[bal001]

Hello Khan,

sorry to hear about your refusal. ideally payslips and dividend vouchers and supporting personal bank stmt should be enough.

Did you go an appeal ?
were you finally able to get the visa ?

[sonub4ualt]

so you have two sources of income. what documents you submited with your passport,proof of income, specially for company income. they need two different proof for every income.so please explain your case more claerly. i recently extended my visa, it was so easy and took 14 days in the post.

I submitted following document's

1) Personal Bank Statement
1) Salary Slip + Employer Letter ( Salarized employment)
3) Payslips + Dividend Voucher with minutes (My Own Limited company, 100 percent share holder and Director)
2) Accountant Letter/Profit and Loss Statement


were your the same

Sorry to hear about the refusal. I had my visa approved through both Salaried and Self-employed, but in my case I was sole trader. The documents I provided were:

NI 2 contributions bills
Invoices/contract agreement with client
Profit and Loss statement from accountant
Accountant letter for explanation of invoices
Personal bank statements for deposits
Accountant letter for total income for financial year
A letter from client confirming amounts paid to me for the work done

[bubin123]

In some cases, UKBA do request additional documents, particularly for limited company / sole trader type incomes.
It will be wise to check with your representative / solicitor if they received any communication from UKBA to provide more documents.
For appeals, a strict deadline of 10 days exist, so you need to act fast.
Lastly, please review your case with someone else for a 2nd opinion...