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Tier 1 (General) - UKBA Questions

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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abz
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Tier 1 (General) - UKBA Questions

Post by abz » Mon Dec 31, 2012 9:47 am

Hello All,

I heard now a days UKBA grilling good Tier 1 (General) returnees at Airports , asking questions about how Tier 1 (General) got their status, and questions about tax etc.

Does anyone have any recent experience at airport might want to share ?

Regards :roll:

mulderpf
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Post by mulderpf » Mon Dec 31, 2012 10:46 am

Any source of this information? I fly fairly frequently and I've never had any issues. (Been through LHR, LGW and LCY recently without issues).

abz
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Post by abz » Mon Dec 31, 2012 11:33 am

mulderpf wrote:Any source of this information? I fly fairly frequently and I've never had any issues. (Been through LHR, LGW and LCY recently without issues).
Mainly happened with the 2 fellows I know from some reference, they have been asked about their tax on the business they have showed with application and for the other one they asked to call one of the clients to confirm the invoice(as he was travelling with the whole tier 1 application)

regards,

samira_uk
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Post by samira_uk » Mon Dec 31, 2012 12:39 pm

Immigration Officers ask any sort of questions and it is not only for Tier 1 G. It is a matter of chance. There has been many times that I was questioned about irrelevant matters and there has been times that I passed the gate without any question.

max2k12
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Re: help

Post by max2k12 » Mon Dec 31, 2012 4:08 pm

yes, ABZ,

I have come to know as well, IO at heathrow drilling almost every self employment case wrt tax and company current status.

abz
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Re: help

Post by abz » Wed Jan 02, 2013 8:17 am

samira_uk wrote:Immigration Officers ask any sort of questions and it is not only for Tier 1 G. It is a matter of chance. There has been many times that I was questioned about irrelevant matters and there has been times that I passed the gate without any question.
thanks samira.

max2k12 wrote:yes, ABZ,

I have come to know as well, IO at heathrow drilling almost every self employment case wrt tax and company current status.
Yeh Max, that's what i am talking about , even yesterday someone told me his very good mate had his visa cancelled cuz there was something to do with his tax. :shock:

samira_uk
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Post by samira_uk » Wed Jan 02, 2013 9:08 am

I dont accept this scenario. Immigration Officers cannot revoke visa due to your tax. Dont accept everything. Tier 1 visa only and only can be revoked due to General Ground for refusal such as false document, false information, etc. Tax problems are not regarded as General Ground. It is something between you and HMRC.

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Post by max2k12 » Wed Jan 02, 2013 10:45 am

samira_uk wrote:I dont accept this scenario. Immigration Officers cannot revoke visa due to your tax. Dont accept everything. Tier 1 visa only and only can be revoked due to General Ground for refusal such as false document, false information, etc. Tax problems are not regarded as General Ground. It is something between you and HMRC.
Dear Samira,

FYI, UKBA can cancel any tier 1 visa on Tax ground. its happening now a days alot. could you please look the below logic and tell me if I am wrong.

let suppose:


you apply for Tier 1 visa showing 40K ( 20K employment + 20 K Self Employment)

you submitted the profit and loss statement and declare the accounts.

on basis of your accounts UKBA will issue you the visa that you have eaned 40K. after 6 months you said your company is collapsed (sound dodgy) and you wont be able to pay the tax.

you suppose to pay the tax on 40K and when you submit the tax return to HMREV you mention only 2K of profit (which everyone does) so it means you only earn 22K for that year.

in this above case you use deception and YOUR VISA WILL BE CANCELLED>

I hope you understand this, and if you have any logical argument please share with us.

samira_uk
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Post by samira_uk » Wed Jan 02, 2013 10:53 am

Hi

No it is not true. When you are applying for any kind of visa you have to tell truth at the time of application not afterward. If your documents are genuine and you can prove that at the time of application your self employment income is £20K it is fine. What is happening after that it is irrelevant of that application. There are some different scenarios:

1-You actually did not earn £20K of self employment and you made accounts to show that. In that case you are deceiving the UKBA and if they understand it later they can revoke the visa.

2-If your documents are genuine and due to market conditions or anything else your business cannot make profit later it is not your problem. Assume that you claim points for employment and after visa extension you are fired. Then, UKBA cannot revoke your visa. What you claimed at the time of visa application matters.

Dont trust anyone. Maybe there were other points in their application which you are not aware of them.

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re

Post by max2k12 » Wed Jan 02, 2013 10:59 am

with full respect and no offence,

this issue is been personally discussed with more then 5 lawyers and 2 consultant paid £40 each of them.

regardless of genuine documents or not, UKBA can easily cancel your visa if you havent paid the tax on the amount claimed.

Keep in your mind. the 20K we have shown is PROFIT (NOT INCOME) so there is catch if its profit you made you have to pay the tax no matter what ever happened.

Airport and UKBA PEOs are very strict on it. so dont get away with it.

abz
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Post by abz » Wed Jan 02, 2013 11:28 am

samira_uk wrote:Hi

No it is not true. When you are applying for any kind of visa you have to tell truth at the time of application not afterward. If your documents are genuine and you can prove that at the time of application your self employment income is £20K it is fine. What is happening after that it is irrelevant of that application. There are some different scenarios:

1-You actually did not earn £20K of self employment and you made accounts to show that. In that case you are deceiving the UKBA and if they understand it later they can revoke the visa.

2-If your documents are genuine and due to market conditions or anything else your business cannot make profit later it is not your problem. Assume that you claim points for employment and after visa extension you are fired. Then, UKBA cannot revoke your visa. What you claimed at the time of visa application matters.

Dont trust anyone. Maybe there were other points in their application which you are not aware of them.


I think the question here is not about why your business got collapsed , but instead why you didn't pay the correct amount of tax on your income you claimed to earn your points for T1-G visa.



max2k12 wrote:
samira_uk wrote:I dont accept this scenario. Immigration Officers cannot revoke visa due to your tax. Dont accept everything. Tier 1 visa only and only can be revoked due to General Ground for refusal such as false document, false information, etc. Tax problems are not regarded as General Ground. It is something between you and HMRC.
Dear Samira,

FYI, UKBA can cancel any tier 1 visa on Tax ground. its happening now a days alot. could you please look the below logic and tell me if I am wrong.

let suppose:


you apply for Tier 1 visa showing 40K ( 20K employment + 20 K Self Employment)

you submitted the profit and loss statement and declare the accounts.

on basis of your accounts UKBA will issue you the visa that you have eaned 40K. after 6 months you said your company is collapsed (sound dodgy) and you wont be able to pay the tax.

you suppose to pay the tax on 40K and when you submit the tax return to HMREV you mention only 2K of profit (which everyone does) so it means you only earn 22K for that year.

in this above case you use deception and YOUR VISA WILL BE CANCELLED>

I hope you understand this, and if you have any logical argument please share with us.

You pay tax on your profits, I understand that, but its not only the tax period you count on the time period you have showed for your visa its for the whole year, what if you were doing well in that quarter but after a month or two your profits fell, wouldn't your tax liability fell down ?

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re

Post by max2k12 » Wed Jan 02, 2013 11:38 am

ABZ,

with my best knowledge I would suggest you to please speak to a lawyer not even 1, as i did and you will get your answer sorted.

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Post by mulderpf » Wed Jan 02, 2013 11:42 am

samira_uk wrote:When you are applying for any kind of visa you have to tell truth at the time of application not afterward.
You always have to "tell the truth", whether in an application or at the border.

Information disclosure Gateways with other government departments: UK Border Agency

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Post by samira_uk » Wed Jan 02, 2013 11:53 am

I did not mean that you can tell lie after application. What I meant is that when you apply you are claiming based on the fact at that time. Net profit is something calculated based on accrual rules in Accounting and some part of it is projection and not actual. Therefore, it is very common that today you claim your net profit as £30K but at the time of tax filing it will be £30K loss.

Therefore, you actually did not do anything wrong and did not tell any lie.

The problem is when that you show UKBA £30K profit but at the same time tell HMRC that your profit was only £3K. It is wrong.

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Post by max2k12 » Wed Jan 02, 2013 12:11 pm

samira_uk wrote:I did not mean that you can tell lie after application. What I meant is that when you apply you are claiming based on the fact at that time. Net profit is something calculated based on accrual rules in Accounting and some part of it is projection and not actual. Therefore, it is very common that today you claim your net profit as £30K but at the time of tax filing it will be £30K loss.

Therefore, you actually did not do anything wrong and did not tell any lie.

The problem is when that you show UKBA £30K profit but at the same time tell HMRC that your profit was only £3K. It is wrong.
what you said above it clearly means, every one can get Tier 1 gen very easily,

1. get register to hmrev as self employed
2. open business do transactions
3. reach to threshold submit the profit and loss statmnt
4. when it comes to HMREV declare the profit of what ever you like

5. JOB DOne !!!

ILR granted after 5 years...

I dont think so at all.. that UKBA and HMREV is that stupid to make a fool of..

as I told you before. I have spoken to lawyers and consultants and they ALL agree to same point.


any way you stick with your way and I will stick with the LOGIC.

abz
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Post by abz » Wed Jan 02, 2013 12:21 pm

max2k12 wrote:
samira_uk wrote:I did not mean that you can tell lie after application. What I meant is that when you apply you are claiming based on the fact at that time. Net profit is something calculated based on accrual rules in Accounting and some part of it is projection and not actual. Therefore, it is very common that today you claim your net profit as £30K but at the time of tax filing it will be £30K loss.

Therefore, you actually did not do anything wrong and did not tell any lie.

The problem is when that you show UKBA £30K profit but at the same time tell HMRC that your profit was only £3K. It is wrong.
what you said above it clearly means, every one can get Tier 1 gen very easily,

1. get register to hmrev as self employed
2. open business do transactions
3. reach to threshold submit the profit and loss statmnt
4. when it comes to HMREV declare the profit of what ever you like

5. JOB DOne !!!

ILR granted after 5 years...

I dont think so at all.. that UKBA and HMREV is that stupid to make a fool of..

as I told you before. I have spoken to lawyers and consultants and they ALL agree to same point.


any way you stick with your way and I will stick with the LOGIC.
haha calm down bro, she saying the same thing, its not you showed profit of 30k and when submitting to HMRC you show profit of 3k instead of 30k , but what i could understand, after submitting that 30k profit you can further mention losses in it (if there are any)

Beacuse its a whole years activity , not just the months you have claimed. I might be wrong..
.
Last edited by abz on Wed Jan 02, 2013 12:23 pm, edited 1 time in total.

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Post by mulderpf » Wed Jan 02, 2013 12:23 pm

There's a difference between profit that's been made up and profit that's based in fact. You can't just make up whatever.

Samira is talking about accruals which may have a significant effect between taxable profit and accounting profit. Two things here - you can't just "make it up" and this is for self-employed earnings only. Self-employed people are not likely to have a significant difference between taxable and accounting profits, but even if there are significant accruals which make a difference, I'm sure they deal with this fairly often.

The problem is with people who think that they are smart and can get away with making up false earnings as per max2k12's post above.

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Post by Mayurc » Wed Jan 02, 2013 12:55 pm

HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!

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Post by samira_uk » Wed Jan 02, 2013 12:58 pm

max2k12 it is not as easy as you think.

In commercial accounting we dont have cash profit and what is reflected in p/l statement is accrual profit. If you check p/l statement of big companies billions of pounds are not cash profit and actually accrual profits. It does not mean that you can make up profits because you should have very clear evidence and documents to prove your income. Why UKBA asked that all accounts should be verified by an accredited accountant? Because they will not risk their profession for one client. They check all of your contract and your accounting assumption and then verify the accounts. For example, there is rule in accounting that you should have at least 90-95% sure about an income to consider it as an income in your accounts. You cannot claim an income with probability of 50% or based on your guess. It is the job of the certified accountant to check them and be sure that the claimed income is real and not made up.

Then, there will be two possibilities:
1-You were genuinely claimed an income with 95% chance but that 5% works and that income cannot be realized. Then, your profit will be reduced. It is something happening to all businesses around the world and even the biggest ones. You did not make any mistake. You have to adjust your profit (have you heard of EPS adjustment by public companies) and then reflect it in your accounts. If it is after your visa approval I dont see it as a deception as you obeyed all the accounting rules correctly.

2-You are filling the tax return in April but assume you are applying in Jan or Dec. Then, your account will be produced by accountant until that time and they are true and genuine. But after visa approval you will make loss and in your tax return you are declaring something different. It is not wrong again as you did not lie and it is the nature of the business. Again you should have sound evidences of your profit and loss to show to accountant, UKBA and HMRC.

To be honest, UKBA does not have the proper skills in accounting matters and therefore I agree that above scenarios may lead to much more verification and lengthy process. I know that many used this way to deceive and unfortunately it was one of the reason they closed Tier 1 General. To be safer, maybe you should only claim the cashed part of the profit which can be verified easily by bank statement and explain in a cover letter that you have not filed the tax return and it is clear that the amount will be different.

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Post by samira_uk » Wed Jan 02, 2013 1:02 pm

Mayurc wrote:HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!
Where did you find this. It is against all Accounting principles.

Refer to this link:

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0118180.htm

and this sentence:
Accounts should be drawn up on an accrual basis not on a cash basis. It isn’t simply a matter of cash received less cash spent.

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Post by Mayurc » Wed Jan 02, 2013 1:05 pm

samira_uk wrote:
Mayurc wrote:HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!
Where did you find this. It is against all Accounting principles.

Refer to this link:

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0118180.htm

and this sentence:
Accounts should be drawn up on an accrual basis not on a cash basis. It isn’t simply a matter of cash received less cash spent.

http://www.hmrc.gov.uk/sa/rec-keep-self-emp.htm#1

Check this one...

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Post by zabiela » Wed Jan 02, 2013 1:05 pm

Mayurc wrote:HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!
Exactly since it is after the fact..so accrual accounting may not be fully applicable here
Also since the visa is given on the very basis of the earnings/profit so if you don’t satisfy that condition or your conditions have changed they may well revoke the visa even if they can’t cancel it retrospectively...my 2 cents

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Post by mulderpf » Wed Jan 02, 2013 1:59 pm

The starting point for taxable profit is the profit shown in accounts drawn up in accordance with UK Generally Accepted Accounting practice. That figure may then need to be adjusted to take into account specific tax reliefs and adjustments provided for by statute and case law.
And that's the difference between taxable profit and accounting profit. You work out accounting profit first and then you do adjustments to work out your taxable profit. There is a difference between the two figures.

If you have a Tier 1 visa and you've declared little or no profit to UKBA in order to obtain the visa, then something big is wrong. It would be fairly easy to spot the people cheating the system as the difference between accounting and taxable profit even out over the years.

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Post by samira_uk » Wed Jan 02, 2013 2:03 pm

Mayurc wrote:
samira_uk wrote:
Mayurc wrote:HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!
Where did you find this. It is against all Accounting principles.

Refer to this link:

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0118180.htm

and this sentence:
Accounts should be drawn up on an accrual basis not on a cash basis. It isn’t simply a matter of cash received less cash spent.

http://www.hmrc.gov.uk/sa/rec-keep-self-emp.htm#1

Check this one...
Ok. then what about my link? HMRC is telling two different things?

samira_uk
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Post by samira_uk » Wed Jan 02, 2013 2:05 pm

zabiela wrote:
Mayurc wrote:HMRC says about Self-Employed Accounting:

You or your accountant can, if you wish, use these records to create a profit and loss account. It shows the sales income you've received and the expenses you've paid, and what profit/loss you've actually made. The more detailed records you keep, the easier it will be to answer any questions that HMRC have about your tax return.

UKBA is also following above standards. So HMRC have told you firmly that SALES INCOME RECEIVED AND EXPENSES YOU HAVE PAID. They haven't told you to accrue your sales invoices which you haven't received the money. So any future receipts/payment which hasn't received or paid. How you can declare the loss?

Aware!
Exactly since it is after the fact..so accrual accounting may not be fully applicable here
Also since the visa is given on the very basis of the earnings/profit so if you don’t satisfy that condition or your conditions have changed they may well revoke the visa even if they can’t cancel it retrospectively...my 2 cents
Please check my link from HMRC as well. It is impossible to use cash profit in any tax system and it is something acceptable all around the world. Tax adjustment does not mean that you should only declare cash receive and cash payments. In my link it is clearly stated the profit/loss should be calculated on accrual basis.

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