Need urgent help on query on earnings required

[mylaw2013]

Hi All,
My Tier(G) visa expires on 15th Feb. And I have booked same day appointment for my visa extension on coming Wednesday (6th Feb). So appreciate your valuable quick responses.

I am a salaried employee with one company and also doing part time lancing through my own limited company. I am 100% share holder of my limited company. I have gross salary from my permanent job from Feb 1012-Jan 2013. And have five dividend earnings in between Sep 2012 and 1st Feb 2013 from my limited company.

From my limited company, I raised last invoice in last week of January 2013 and got the money transferred from my client to my business account yesterday. And also I did the dividend trasaction to my personal account yesterday(1st Feb) only. Now my eligibilty against earning point happens only if I consider my gross salaries (Feb 2012-Jan 2013) and the net dividends I received including the one I received yesterday.

But my accountant is saying as the dividend trasaction happened yesterday(1st Feb), this dividend can not be considerd as my income during period 1st Feb 2012 - 31st January 2013. My query is if my accountant mention these incomes (Feb2012 - Jan2013 salaries and all dividends including yesterday one) are for period 2nd Feb 2012 to 1st Feb 2013, whether my problem will be solved?

Please note that in my Feb 2012 pay slip it is mentioned for period 1st Feb to 29th Feb 2012. But Feb salary was credited to my bank account on 29th Feb 2012. Whether Feb 2012 salary is a valid income for the period 2nd Feb 2012 - 1st Feb 2013? Or Feb salary will be valid income if the earning period starts from 1st Feb 2012 instead of 2nd Feb?

Regards.

[mulderpf]

Earnings is for a period and not based on date of payment so your accountant is correct. Your earnings period starts on 1 February not 29 February.

[mylaw2013]

Thanks mulderpf for your justified answer! Appreciate your or any other experts advice on below query.

Now my confusion is on the Dividend payment I received on 1st feb 2013 from my limited company. From my limited company I sent invoice dated 25th January to my client for my work in January 2013. I got the money in my company bank account from client on 1st Feb 2013. Then on the same date I transferred Dividend amount to my personal bank account with payment reference "JANUARY DIVIDEND". Can't this dividend be considered as my earning during period 1st Feb 2012 to 31st January 2013 as I got this dividend for my work done in January?

Regards.

[mulderpf]

No, because the dividend was only declared on 1 February. You can't declare a dividend if you don't have enough distributable reserves, which until your client paid you, it sounds like you didn't. You can't just date a dividend voucher as you choose (what stops someone from back-dating all their dividends or calling all their dividends "JANUARY DIVIDEND" to boost the income they are showing to UKBA??).

This is similar to the concept of employed earnings (or any other earnings actually) where you can only claim for what you were actually paid.

It's a difficult situation!!! Technically the answer is no, you cannot claim.

As you seem to have no other option, the best advice (and not saying this is good advice!!), is to try your luck with including the dividend.

Unless anyone else has any better solutions???

Keep us up to date with what happened if you go for the appointment. Mine is also on Wednesday

[krisRocks]

Kindly share the outcome of the appointment. I'm also in the same situation.

Thanks !

[mylaw2013]

My accountant suggested the same as mulderpf suggested. That is -1st Feb dividend can not be considered as earning before 31st January. And earning period can not start from 2nd Feb 2012. So to make required earning, I transferred few more money from my company account to personal account as dividend and now going for an earning period 1st March 2012 - to till date.

By the way due to this last moment change, I could not make my application on 6th Feb. My visa expires on 15th Feb. Still looking for a same day appointment agian. If not successful, will do a postal application.