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Tier 1 extension refused- company net profit not accepted.

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

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A&J
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Joined: Fri Dec 07, 2012 11:35 pm
Location: london

Tier 1 extension refused- company net profit not accepted.

Post by A&J » Mon Dec 10, 2012 12:59 pm

I applied PEO 10 sept 2012 . after 12 weeks refused tier 1 extension. salary+net profit of my own limited company. not accepting limited company net profits.

only counting salary+ dividends not accepting the money remaining in business account. saying as the money is not transferred into my personal account from my business account it will not be counted as my earnings.

urgent help needed.
as from guidelines
1. limited company directors will be taken as self employed
2. if 100% share holder, company net profit may be considered as earnings
3. if self employed working in form of limited company structure and which to retain funds send the proof.

then what went wrong? I don't have a clue?

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: Tier 1 extension refused- company net profit not accepte

Post by Lucapooka » Mon Dec 10, 2012 1:07 pm

A&J wrote:then what went wrong? I don't have a clue?
You provided a set of accounts for a company, of which you are a paid employee and director. That's all well and good. However, what did you provide in the way of evidence of statements that showed that there were the one and only director and shareholder of that company?

A&J
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Joined: Fri Dec 07, 2012 11:35 pm
Location: london

Post by A&J » Mon Dec 10, 2012 1:45 pm

gave everything from company house, share documents, also accountant confirming my share. i have not missed any documents.

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Wed Dec 12, 2012 3:54 pm

feeling sorry for you.

I am quite sure caseworker has made a mistake on it.

Ofcourse you are supposed to appeal and I think you have a strong case. But at the same time i would advise you to write a letter to the caseworker and request him to reconsider his decision.

Also quote the relevant paragraph of policy guidance in your letter.

asifbunny
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Posts: 29
Joined: Thu Dec 06, 2012 1:12 am

Post by asifbunny » Tue Mar 05, 2013 1:07 pm

Have you got any news about your appeal??????
i am in same situation and going to apply on 27 march 2013

shahmir
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Posts: 244
Joined: Mon Aug 01, 2011 9:19 am
Location: North West

Post by shahmir » Wed Mar 06, 2013 2:12 pm

I think Paragraph 94 of the Tier 1 (G) Guidance applies to this. Amounts transferred from your business account to your personal account are now net profits.

Amounts not yet transferred from business to your current account will still be considered by UKBA but only after tax.
lets get together for migrants' rights

alimohmand
Member
Posts: 240
Joined: Mon Sep 08, 2008 9:56 am

Post by alimohmand » Wed Mar 06, 2013 6:54 pm

Unfortunately it appears that the caseworkers are not well trained when it comes to considering net profit.

Similar thing happened to my Brother but fortunately he provided dividend vouchers and he was given the extension based on dividend rather then net profit!

I guess go for an admin review

All the best

nice32
Junior Member
Posts: 62
Joined: Wed Jan 30, 2013 8:44 am

Post by nice32 » Wed Mar 06, 2013 6:57 pm

if your a director and taking just dividend then you need to transfer it your personal account every month. or once in a year ,twice etc. but dividend must be in your personal account. your case worker is right.
i don't know how you will prove it senior may answer.

tier1_applicant
Member
Posts: 176
Joined: Tue Apr 08, 2008 9:39 am

Re: Tier 1 extension refused- company net profit not accepte

Post by tier1_applicant » Wed Mar 06, 2013 7:17 pm

A&J wrote:I applied PEO 10 sept 2012 . after 12 weeks refused tier 1 extension. salary+net profit of my own limited company. not accepting limited company net profits.

only counting salary+ dividends not accepting the money remaining in business account. saying as the money is not transferred into my personal account from my business account it will not be counted as my earnings.

urgent help needed.
as from guidelines
1. limited company directors will be taken as self employed
2. if 100% share holder, company net profit may be considered as earnings
3. if self employed working in form of limited company structure and which to retain funds send the proof.

then what went wrong? I don't have a clue?
while not very clear in guidelines, it appears, you can not have double status in the same company to claim your earnings (a salaried employee (salary +dividends) and self employed (net profit).

See the statement in application form mentioning it is either of one:

Letter from your managing agent/
accountant confirming that you
received the exact amount that you
are claiming, or the net profit to
which you are entitled

digitalrev
Junior Member
Posts: 72
Joined: Mon Dec 06, 2010 10:07 am

Post by digitalrev » Fri Mar 08, 2013 6:02 am

I feel sorry about you, I hope you are going to win the appeal.

I am in the same boat as yours. I applied as employed + company director. I have taken salary for last 12 months and took dividend last month. Dividend amount has been transferred to my personal bank account. I provided business bank statement for last month only to show that dividend amount has been coming out from company account.

is there anything have I missed ?

karg_g
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Posts: 120
Joined: Tue Aug 09, 2011 7:13 pm
Location: UK

Post by karg_g » Fri Mar 08, 2013 12:16 pm

Hi

Few things to remember:

For Salary Show two sources of proof (Bank Statement & Payslips)

For Dividends show two sources of proof (Bank Statements & Dividend Vouchers) Also this needs to be confirmed by an accountant who is certified as per the link below: http://www.ukba.homeoffice.gov.uk/visas ... s/#header5

If you are claiming Salary then you can not claim Net profit of your company.

If you claim Dividend then you can not claim Net profit of your company

If you claim Net profit of your company you can not claim Dividends.

ali_asad_pk
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Posts: 168
Joined: Tue Feb 26, 2013 3:16 pm

Post by ali_asad_pk » Fri Mar 08, 2013 2:15 pm

Profit in company account is not considered as your income so you have to make a transaction from company account to your, no matter if you are 100% share holder so UKBA seems right in this case for objecting on this issue

mazumder
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Joined: Thu Jul 11, 2013 11:36 pm

Re: Tier 1 extension refused- company net profit not accepte

Post by mazumder » Fri Jul 12, 2013 12:03 pm

A&J wrote:I applied PEO 10 sept 2012 . after 12 weeks refused tier 1 extension. salary+net profit of my own limited company. not accepting limited company net profits.

only counting salary+ dividends not accepting the money remaining in business account. saying as the money is not transferred into my personal account from my business account it will not be counted as my earnings.

urgent help needed.
as from guidelines
1. limited company directors will be taken as self employed
2. if 100% share holder, company net profit may be considered as earnings
3. if self employed working in form of limited company structure and which to retain funds send the proof.

then what went wrong? I don't have a clue?

mazumder
Newly Registered
Posts: 4
Joined: Thu Jul 11, 2013 11:36 pm

Re: Tier 1 extension refused- company net profit not accepte

Post by mazumder » Fri Jul 12, 2013 12:16 pm

A&J wrote:I applied PEO 10 sept 2012 . after 12 weeks refused tier 1 extension. salary+net profit of my own limited company. not accepting limited company net profits.

only counting salary+ dividends not accepting the money remaining in business account. saying as the money is not transferred into my personal account from my business account it will not be counted as my earnings.

urgent help needed.
as from guidelines
1. limited company directors will be taken as self employed
2. if 100% share holder, company net profit may be considered as earnings
3. if self employed working in form of limited company structure and which to retain funds send the proof.

then what went wrong? I don't have a clue?

i am in the same problem, my visa have been refused saying dividend money didn't go to the personal account don't know what to do, is there any one who win the appeal with the same problem.........please give me suggestion.........................

BYC
Newbie
Posts: 33
Joined: Sat Mar 30, 2013 12:56 pm

Post by BYC » Mon Aug 12, 2013 9:07 pm

Hi, pls where are u up to with you case, hv u put it an appeal yet?

tier1appeal
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Posts: 16
Joined: Sat Jun 30, 2012 12:54 pm

Post by tier1appeal » Wed Aug 21, 2013 8:51 am

I have the same issue and got my Visa refused.
I appealed and have won my case in First Tribunal

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