Tier 1 General refused based on Section 19 SD, LTD company

Tberry · Post by **Tberry** » Fri May 31, 2013 3:39 am

Tier 1 general visa was refused based on Section 19 SD because evidence does not meet limited company requirement. I am very amazed that this. Was the case. I submitted my company account showing profit/loss both. GroSs and net and also signed by me as the director of the company. I also submitted a business bank statement which proves money that was paid in and also all invoices showing hourly rate as a tutor/ consultancy in project and change management/ business improvement consultant. The only confusion I guess was that my solicitor included an accountant letter which was not intended as an evidence but just to proof that the financial year just ended and that my accountant will be filling the tax return which will be paid as advise by HMRC.

Kindly help me. I need advise ASAP. Thanks and God bless. I have been give right of appeal within 10days. All my documents has been witheld under section 17 of asylum and immigration act. Pls help me what should I do

Tberry · Post by **Tberry** » Fri May 31, 2013 3:41 am

Pls kindly respond to the post above

honey_parmar · Post by **honey_parmar** » Fri May 31, 2013 9:35 am

Please provide full infor

Tier 1 General or Tier 1 general extenstion??? as Tier 1 General is close.

from where did u apply from

How did u show your income . Please inform the all the docs submitted

Please give the max info so that we can try to arrive at some conclusion

Thanks

Tberry · Post by **Tberry** » Fri May 31, 2013 9:50 am

Thanks Honey for your interest and willingness to help.

Its Tier 1 General extension. I submitted my application 21st of March which was literally when my visa runs out. I submittted to form of evidence to reflect my earnings from self employed which was 12,000 using a ltd company. The evidence I submitted for limited company was Company account and also my Bank statement which reflect my incoming income and provided invoices which was an additional document. The accountant letter on letter headed which was submitted stated when I will be paying tax and was not intended to be an evidence of my earnings. I also included payslips and personal account where salary of 27600 was paid from my other employment from NHS . Everything making up to 40000 and the minimum income was 35k . My application was made on the 21st March but biometrics got lost in the post therefore it took a long time for a decision to be made and decision was made on the 23rd of May. Biometrics done 9th May.

I scored points on all other attributes. But was give 5points for earnings because I was refused based on section 19SD that the documents Account letter, account statement and bank statement does not meet requirements of limited company.

Thank you , ur response is welcome and appreciated

honey_parmar · Post by **honey_parmar** » Fri May 31, 2013 11:51 am

How did u show your income from ltd company.

Did u take salary from Ltd company apart from NHS job ??

Did u transfer salary to your personal accounts ???

What is your relationship with ltd company.Did u show yourself director
drawing salary???

give me this info Please

Thanks

Tberry · Post by **Tberry** » Fri May 31, 2013 11:58 am

No I did not draw salary from my limited account. I just run my biZ and turn my profit over when needed and spend d money as required. I am the sole owner of my company n sole director.

NHS Job is a permanent which I am being paid salary for 37.5hrs a week and the salary goes to a seperate savings account

Tberry · Post by **Tberry** » Fri May 31, 2013 12:01 pm

Honey,

I did not draw money from my business account to my personal account. I only withraw money or make transfer when needed or fall short of money cos I provide services and sometimes when paid it comes in handy while I await my salary.

honey_parmar · Post by **honey_parmar** » Fri May 31, 2013 12:22 pm

According to info provided basically u have retained profit in the company in that case u need to be registered with HMRC as self employed and should be paying Class 2 NI contributions.

Please go thru the following points
============================
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. The appropriate proportion
of the net profit of the business (that is, after
tax and outgoings) can therefore be counted
as the gross salary of the applicant. We
will only consider profits made during the
appropriate 12-month earnings period for
which the applicant is claiming
===============================
If the applicant is claiming earnings
from self employment in the UK, he/she must
provide evidence that he/she was paying
Class 2 National Insurance contributions
during the period/s of self-employment used
to claim points.
==============================
Original welcome letter from HM
Revenue & Customs: Applicants who
have recently registered as self-employed
will have received a welcome letter from
HM Revenue & Customs containing their
unique taxpayer reference number, but
may not yet have the other evidence
above. The original, dated document
should be provided.
==============================

Tberry · Post by **Tberry** » Fri May 31, 2013 12:53 pm

Yes I registered at hmrc and also have my ni letter but closed it in March just before I made my application because I was advised not to pay NI because I run a limited company. Pls kindly help. What can I do. Should I reapply or apeal and explain things in clear terms and show my NI letter. Would that help. Many Thanks

honey_parmar · Post by **honey_parmar** » Fri May 31, 2013 3:04 pm

I would suggest strongly to approach certified immigration consultant for your case ASAP.

============================================
1) The only case where u don't have to pay NI for earnings thru Ltd company is thru dividends where in your company is liable to corporation Tax.

You can show dividends as your income provided your company has net profit for that financial year

Dividends can be taken from NET profit of company.
NET PROFIT=(Total Income-expenses)-Corporation TAX.

Dividends can only be considered as your income if it is transferred to your personal account.

karg_g · Post by **karg_g** » Fri May 31, 2013 9:16 pm

Hi,

If I were you I would try to pay any Class 2 or class 4 NI due and reapply. This is apart from NI contribution you pay through ur job. Also certain small business with less £5500 profits can claim for exemption for any NI dues. Apply with form SEE to get exception.

Do you meet the requirements without earnings? If so then appeal.

Good luck

Tberry · Post by **Tberry** » Sat Jun 01, 2013 6:00 am

Thanks for your reply. Its just the earnings that was an issue. So can I appeal based on the confusion between sole trader and limited company. Than you

Tberry · Post by **Tberry** » Sat Jun 01, 2013 8:20 am

Pls advise me. Can I win the appeal, to put in a new application I need to have upto 900 for three consecutive month. Although I had all my income to be 12000 and made a profit of 7600 after deducting expenses, which is more than enogh for my earnings for a year. I submitted a bank statement showing this and also a bank statement that reflects client money being paid into my account. I also sumbmitted an annual return for corporation tax. The corporation tax due is 1800 which is due 31 of December. I am the only director but because I was naïve of how ltd company run I didn't pay dividend or salary to myself. I spend my money as it comes or invest in other things.

The only things is that I got things mixed up on what is expected of me as limited company.

I called HMRc yesterday to reactivate my self employment. ANd will b sent a letter confirming that.

Please help me I have got only seven days to appeal. All my doc is witheld by home office. Kindly advise. Thank you
Code:

karg_g · Post by **karg_g** » Sat Jun 01, 2013 9:43 pm

Hi,

Looking at your response I would just reapply. Your company status needs to be sorted. Get guidance from your accountant and possible from immigration solicitor

spellish · Post by **spellish** » Sun Jun 02, 2013 11:06 am

So sorry to hear that.......did u submit the Dividend Voucher when u claim the profit from LTD company....

because thats the only way to get ur profit from Ltd company...

and thats y they said u did not meet the requirement of LTD Company.

Tberry · Post by **Tberry** » Sun Jun 02, 2013 11:41 am

My lawyer asked me not to submit dividend voucher then that two evidence was enough which was my bank statement and company's account

spellish · Post by **spellish** » Sun Jun 02, 2013 12:53 pm

ur lawyer is so stupid and idiot..........two evidence should be bank statement and Dividend Voucher.

did Homeoffice call ur any client or did they call you before taken a decision ??

Tberry · Post by **Tberry** » Sun Jun 02, 2013 2:59 pm

No they didnt

usman1135 · Post by **usman1135** » Tue Jun 04, 2013 2:06 am

that is not your fault as other uk solicitors your solicitor is an idiot and I can't understand y peoples play with the future of other persons for just little bit of money.
Self employment activities and ltd company two separate things.
If u r SE its mean that you earn urself after giving services to other person or company.
If u have limited company then company is separate identity and you r working for the company not for urself so its company responsibility to give you money after its expenses and taxes directly into ur personal account either in shape of dividend or salary.
You show to the home office that your company earn the money but it does not mean that you earn as well. you not need to send any company bank statement and invoices u was need to send only your personal bank statement company account management and dividend voucher or salary slips (if your company register as PYE and pay you salary)

Home office as on right and 100% your appeal will not be succeeded.
You need to make a new case and rapidly transfer your required remaining income from your company account to your personal account with the reference of dividend and ask to ur accountant to make dividend vouchers for you..
Then u need to send your case with dividend voucher (1st source of income) and personal bank statement showing dividend paid to you by company (2nd source) with your company account management and accountant letter confirming the profit..and you can receive dividend from company within a single transaction like 7000 pound in one turn..
I just received my tier 1 extension after after do these thing within 2 months to achieve the band of 40,000 plus and got the visa within three weeks.

Ask me if you need further help.

kahn · Post by **kahn** » Tue Jun 04, 2013 10:51 pm

usman1135 wrote:that is not your fault as other uk solicitors your solicitor is an idiot and I can't understand y peoples play with the future of other persons for just little bit of money.
Self employment activities and ltd company two separate things.
If u r SE its mean that you earn urself after giving services to other person or company.
If u have limited company then company is separate identity and you r working for the company not for urself so its company responsibility to give you money after its expenses and taxes directly into ur personal account either in shape of dividend or salary.
You show to the home office that your company earn the money but it does not mean that you earn as well. you not need to send any company bank statement and invoices u was need to send only your personal bank statement company account management and dividend voucher or salary slips (if your company register as PYE and pay you salary)

Home office as on right and 100% your appeal will not be succeeded.
You need to make a new case and rapidly transfer your required remaining income from your company account to your personal account with the reference of dividend and ask to ur accountant to make dividend vouchers for you..
Then u need to send your case with dividend voucher (1st source of income) and personal bank statement showing dividend paid to you by company (2nd source) with your company account management and accountant letter confirming the profit..and you can receive dividend from company within a single transaction like 7000 pound in one turn..
I just received my tier 1 extension after after do these thing within 2 months to achieve the band of 40,000 plus and got the visa within three weeks.

Ask me if you need further help.

and make sure the Dividend warrant(s) prepared properly, on Company letter head giving its caption as Dividend Warrant and it is properly signed independently, by authorised person, is there company secretary? appoint one immediately if you dont have one already for signing dividend resolution and dividend warrant(s) , appoint by filing return at companies house now that you have a problem they may object if you sign DW yourself as director as not independently signed - also see that Accountant letter should contain date wise detail of dividend paid to corroborate DW- many of these solicitors are such idiots , it is a shame.

hayya786 · Post by **hayya786** » Sat Jul 20, 2013 2:23 am

Please guide me as well as i got the refusal on similar grounds. Same happened to me as my accountant showed me as a self employed via ltd company structure and I got the refusal that if am employee in my own company the proof i provided are not appropriate and plus i cannot claim the companies turn over.. Can I apply fresh application as i already logged my appeal but can i submit fresh application as my visa is already expired now after the refusal but i am under section 3c covered for the period during the appeal process. Please kindly guide me what to do. And If i am allowed to apply for fresh application is that i have to apply withing 28 days or can i apply after 28 days as well as am covered under section 3c which means i av already logged the appeal..do not what to do very frustrating. thanks in advance for the reply

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 1 General refused based on Section 19 SD, LTD company

Tier 1 General refused based on Section 19 SD, LTD company

please urgent help needed. kindly respond to my post. Thanks

Tier 1 General extension

Tier 1 extension

hi

tier1 extension

Tier 1 General Extention