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HI CR001, ilr route was from 5 yrs tier 1 general, please find the exact wordings below
Below is the full wording of refusal -
Thank you very much for the reply.marcnath wrote: ↑Thu Dec 20, 2018 6:17 pmYou are now eligible for 10 year LR as you have been here lawfully for that period, if you haven't had major absences.
So, you could apply for SET (LR) or Tier 2 General.
However, HO will likely still apply 322 (5) for the reasons set out in your current refusal - so the chances for success are very low, in my opinion.
You can challenge the decision in court but again some of the time lapses are very difficult to justify.
So, sorry, but in my opinion, I do not see much of a positive outcome.
Hi,Thanks,smanav919 wrote: ↑Fri Dec 21, 2018 12:17 pmThank you very much for the reply.marcnath wrote: ↑Thu Dec 20, 2018 6:17 pmYou are now eligible for 10 year LR as you have been here lawfully for that period, if you haven't had major absences.
So, you could apply for SET (LR) or Tier 2 General.
However, HO will likely still apply 322 (5) for the reasons set out in your current refusal - so the chances for success are very low, in my opinion.
You can challenge the decision in court but again some of the time lapses are very difficult to justify.
So, sorry, but in my opinion, I do not see much of a positive outcome.
From the summary of HO refusal, as per my understanding, I point them as below reason for refusal -
1) Late filing -
2) Dividend drew (Gross £17856) higher than company profit (Gross £14503) -
HO got this wrong and I have checked with the accountant. The company gross profit was £19510, Dividends were Gross £17856. The Gross profit submitted to HO in CT600 was £14503 after allowance for AIA of £5007. The accountant is ready to provide the explanation to prove HO read it wrong.
3) Income from self-employed for 2012 not consistent with HO and HMRC -
The company started in Nov 2012. Company financial year is 1 Nov - 31 Oct. Tier 1 Ext application made in Sep 2013.
The first dividend is drawn in May 2013 until Oct 2013 and related documents were provided to HO at the time of Tier 1 Ext application in Sep 2013. When filing SA, income from dividend was filed for 2013-14 tax year period as per the dates dividends were taken. And there was no income from dividends for 2012 - 13, hence is NIL.
It seems to me that HO got confused with the SA tax year dates and Company financial year dates.
There are no amendments at all in any of the returns filed.
I will be filing AR providing the explanation to HO. And if HO is still unwilling to accept. Then the plan is to make Tier 2 application.
What chances do you think i have in AR ?
Thank you very much for your reply
Thanks
Manav
Hi Smanav/All,gbptier1general wrote: ↑Thu Feb 28, 2019 2:09 amHi,Thanks,smanav919 wrote: ↑Fri Dec 21, 2018 12:17 pmThank you very much for the reply.marcnath wrote: ↑Thu Dec 20, 2018 6:17 pmYou are now eligible for 10 year LR as you have been here lawfully for that period, if you haven't had major absences.
So, you could apply for SET (LR) or Tier 2 General.
However, HO will likely still apply 322 (5) for the reasons set out in your current refusal - so the chances for success are very low, in my opinion.
You can challenge the decision in court but again some of the time lapses are very difficult to justify.
So, sorry, but in my opinion, I do not see much of a positive outcome.
From the summary of HO refusal, as per my understanding, I point them as below reason for refusal -
1) Late filing -
2) Dividend drew (Gross £17856) higher than company profit (Gross £14503) -
HO got this wrong and I have checked with the accountant. The company gross profit was £19510, Dividends were Gross £17856. The Gross profit submitted to HO in CT600 was £14503 after allowance for AIA of £5007. The accountant is ready to provide the explanation to prove HO read it wrong.
3) Income from self-employed for 2012 not consistent with HO and HMRC -
The company started in Nov 2012. Company financial year is 1 Nov - 31 Oct. Tier 1 Ext application made in Sep 2013.
The first dividend is drawn in May 2013 until Oct 2013 and related documents were provided to HO at the time of Tier 1 Ext application in Sep 2013. When filing SA, income from dividend was filed for 2013-14 tax year period as per the dates dividends were taken. And there was no income from dividends for 2012 - 13, hence is NIL.
It seems to me that HO got confused with the SA tax year dates and Company financial year dates.
There are no amendments at all in any of the returns filed.
I will be filing AR providing the explanation to HO. And if HO is still unwilling to accept. Then the plan is to make Tier 2 application.
What chances do you think i have in AR ?
Thank you very much for your reply
Thanks
Manav
To ur points 2&3 to arrive at constructive concept:-
Can u try add /provide mitigating Answers for below:-
A)
According to CompanyLaws[visit:gov.co.uk/companyLaws:-
A company may NOT payout more in Dividends than it's available profits from current&previous Yrs.
B)
It it therefore NOT credible that could pay yourself more earnings than your company actually made,unless u have taken Director's Loan!
Thanks
Hi,smanav919 wrote: ↑Mon Mar 04, 2019 4:58 pmHi Tier1general and frotier,
sorry admin, it was not allowing to edit my post so i am re-posting it, you may delete the earlier one.
I did not understand about what you have said above but i think i was not clear in the explanation i have given, HMRC is aware of my earning as 17,856 NET and have taxed me on that which is paid and cleared and to be clear here i have not declared any different incomes to any one... both the organisations were completely aware of the amounts i have earned.
i do know the saga that people are assuming as soon as you say Self employed and 322.5... but clearly that isnt the case here - well in my eyes atleast.
Regardless of the explanation i have given on late filing, HO has failed to consider my income as 17856 as NET where i got taxed to it.. which clearly states in CT600 - again no amendments done in changing figures.
But, i am not an Accounting guru to fully understand AIA or any taxation, hence i went to my accountant and to an Accounting barrister who have confirmed that AIA is the income/allowance HMRC would not impose the tax but it is something you can have only one time once your company is incorporated. I am still waiting for my AR decision.. will post the decision once received.
Hope for the best
Thanks
Manav
Hi ,
Hi smanav,gbptier1general wrote: ↑Wed Apr 03, 2019 5:06 pmHi ,
Can u pls HINT what date u applied AR?
R u still waiting for AR decision?
Thanks&God luck!