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and111. We will assess an applicant’s earnings. If an applicant is in salaried employment, we will assess the applicant’s gross salary before tax. This includes self-employed applicants who draw a salary from their businesses
I don't know anything about your business structure, etc. But it would seem to be a mistake if they actually wrote "we only consider NET income" on your refusal letter. Administrative review?112. If an applicant is self-employed and has chosen to retain the profits within the business, his/her earnings are limited to the share of the business’s net profits to which he/she is entitled
mulkatta wrote:On 21 march, my application for leave to remain as Tier 1 (general) Migrant is rejected. The reason for refusal given is :"You have claimed 20 points from your previous earning however we (home office) can only award 15 points as we only consider your Net Income, NOT Gross Income".
I'm employed as well as self employed. I need at least 20 points from previous earning i.e. 35,000 per annum salary. I claimed 15,500 from my self-employment (Limited company business) but it is not straight forward as there is some tax credits. As instructed by my accountant, I actually transferred 13,950 pound from my business account to my personal account and this 13,950 is boosted by 10% tax credit (i.e. 13,950/0.9=15,500). But, according to case worker, they have only considered net transfer i.e. 13,950 NOT 15,500. I really got confused. My accountant said, case worker is wrong to consider only Net income excluding that tax credit and I believed him. I lodged appeal and waiting for hearing.
Is there any chances of winning this appeal?
If the case worker mistakely considered my case or s/he misunderstood my case, is there any way case worker re-consider my application? if yes, how??
Best regards,
MU
However one fact remains that tax credit is not your income. It is same as pension contribution by employer. Technically it is given to employee and can be termed as income. But HO does not consider this. They only consider earned income not unearned one!mulkatta wrote:Thanks for your reply. Thanks to all of you guys.
aliq09 may be right but tomorrow when taxman knocks my door s/he will consider tax for 15,500. That's the business/tax rule in UK. Now, Home office clearly says, they will consider gross income (before tax) in their immigration rules (Appindex A) but case worker didn't understand how gross income is calculated in dividends paid from business. So, who is wrong? Accountant says, he is right to boost my income by tax credit because he needs to show 15,500 GROSS from my business. Isn't it a complete misunderstanding from the caseworker?
Correct advice. They made the mistake. it is always Gross Dividend.adityaisukapalli wrote:HO must consider Gross Dividend but not Net dividend. You can appeal. 100% this is right and it is according to HO policy. Make an appeal, Case worker did a mistake.
however, your dividend voucher should clearly mention Gross and Net dividend.
All the best....
Best example: Myself.
HSK Accountancy Services wrote:Correct advice. They made the mistake. it is always Gross Dividend.adityaisukapalli wrote:HO must consider Gross Dividend but not Net dividend. You can appeal. 100% this is right and it is according to HO policy. Make an appeal, Case worker did a mistake.
however, your dividend voucher should clearly mention Gross and Net dividend.
All the best....
Best example: Myself.
Did you provide your accounts etc with the application as well?
.santosh wrote:Hi, am new to this forum
i got visa refused on the same basis as yours ,HO mentioned in the letter saying that they will only consider NET amount not the gross amount,which i had showed 38,000 gross income into my business account and i transferred that money to my personal account.HO also mentioned that i dont have any right to appeal, so could you please help me