HSMP (Tier1) Visa Refusal

[biswaruponline]

Dear Sir/Madam,

I applied for intial application from UK on 30th March 2010 and claimed 35 points for my earnings which is 34,668.95 gbp (6,147.95 gbp as employed + 28,530.00 gbp as self-employed).

My refusal is because of " I have claimed gross profit of 28530.00 for my period of self employment. But accountant letter showed net profit (gross profit - expenses) is 25,513.00 which is as total of 31,660.95 (not 32,000 mark)."

I dont own this business or company and the rule is not mentioned clearly.

Please help me what I need to do now. Shall I go for new application which is not possible ( bcz now I need 50,000 gbp/yr) or can I challenge against it though I dont have appeal right.

Thanking you.

Rgds.
Raj

[geriatrix]

You cannot challenge if you don't have appeal rights (maybe because you have valid leave to enter/remain).

regards

[geriatrix]

I dont own this business or company and the rule is not mentioned clearly.

If you don't own the business or company, then how could you show company's gross profit as your personal income?

regards

[biswaruponline]

Hi,

Thanks for your reply. I am employed in a Marketing Company and they pay my wages into my bank account without deducting any tax or NI. I pay my own tax and NI myself.
Waiting for your reply.

Rgds.
Raj

[vinata]

It is unlikely you can challenge this decision. This is because you didn't do your home work before applying, and also didn't consult a solicitor to clarify your doubts. Now your only option is to earn more money and re-apply to satisfy the new criteria.

If this application were important for you, you should have done more to prepare it properly. Sorry for the truth. But you need it in order to make sure it won't happen again. Good luck.

[ram80]

Hello Raj,

What are these expenses? Why should they not reduce your expenses in calculating your income?

[biswaruponline]

Hello Raj,

What are these expenses? Why should they not reduce your expenses in calculating your income?

Hi,
The expenses are like

a) Use of home as office
b) Telephone
c) Printing, postage & stationery
d) Motor & travel
e) Sundry Expenses

All together the expenses total is 3,017.00 gbp, for which I failed to reach 32,000.00 mark for 340.00 gbp only.

Two of my friends who got HSMP confirmed me their letter from Home Office showed they calculated with Gross Profit and even the Accountant was sure about the gross profit as well.

Thanking you

Rgds.
Raj

[ram80]

Points are awarded for your previous earnings from work for a period of up to 12 months out of the 15 months preceding your application. This applies to both salaried staff and self-employed persons. You may claim for a period of less than 12 months, but these earnings will not be considered on a pro rata basis. Earnings from salaried employment will be assessed before deduction of tax. If you are self-employed and the business profits are retained within your business, your share of the business’s net profits generated over the earnings period can be considered.

Source: http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant

[Sushil-ACCA]

Dear Sir/Madam,

I applied for intial application from UK on 30th March 2010 and claimed 35 points for my earnings which is 34,668.95 gbp (6,147.95 gbp as employed + 28,530.00 gbp as self-employed).

My refusal is because of " I have claimed gross profit of 28530.00 for my period of self employment. But accountant letter showed net profit (gross profit - expenses) is 25,513.00 which is as total of 31,660.95 (not 32,000 mark)."

I dont own this business or company and the rule is not mentioned clearly.

Please help me what I need to do now. Shall I go for new application which is not possible ( bcz now I need 50,000 gbp/yr) or can I challenge against it though I dont have appeal right.

Thanking you.

Rgds.
Raj

Go for new application after adding other self employed income

all the best

[biswaruponline]

Points are awarded for your previous earnings from work for a period of up to 12 months out of the 15 months preceding your application. This applies to both salaried staff and self-employed persons. You may claim for a period of less than 12 months, but these earnings will not be considered on a pro rata basis. Earnings from salaried employment will be assessed before deduction of tax. If you are self-employed and the business profits are retained within your business, your share of the business’s net profits generated over the earnings period can be considered.

Source: http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant

Hi
2 of my friends has applied at same time as I did with gross income, they got through and have got HSMP visa. Why not me? Something is wrong.


I found this .....
If an applicant is in salaried
114. employment, we will assess the applicant’s gross salary before tax. This includes self-employed applicants who draw a salary from their businesses. If the applicant earned the money in a country with no tax system, we will consider his/her total earnings for the period.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

Pls reply.
Thanking you.

Rgds.
Raj

[geriatrix]

Expenses (incurred for doing your work) are not part of (your) personal income.


regards

[kalbash]

hi raj

u should go for juditial review, this is the only option u have

[ursbunti]

hi

for salaried employment ur gross income is take into count but for ur self employment net profit form the business is taken into count.

u should consult experienced accountant for this purpose like hsk accountancy services ltd (hskaccountancy.co.uk).

Kind Regards,

Naeem

[geriatrix]

u should go for juditial review, this is the only option u have

[biswaruponline]

Hi,

After being refused 3 months ago I applied again on 15th of April 2010 with net profit of more than 40,000 a year my visa is refused again.

Reason-1 Previous Earnings-(Points claimed-25, Points awarded-0)

The evidence of insurance that you have supplied does not meet the requirements because it is not one of the documents specified in the policy guidance as being acceptable evidence of registration to trade as a self employed indifidual in the United Kingdom.

Documents submitted-1)Letter from HM Revenue and customs confirming my Unique Tax reference number, 2)Business Insurance Schedule from Finsbury Insurance Group(all the documents sent by Insurance Group).

Reason-2 UK Experience-(Points claimed-5, Points Awarded-0)

As evidence of this you have provided a transcript of award and degree certificate. This evidence is insufficient because it is not one of the documents specified in the policy guidance as being acceptable evidence of study in the UK to be awarded points in this area. Furthermore, it does not include cdonfirmation of the start and end dates of the study, nor does it confirm that the course was full time.

Documents submitted-Original transcript of award and degree certificate from UWIC.

Please advice.
Raj

[Sushil-ACCA]

Hi,

After being refused 3 months ago I applied again on 15th of April 2010 with net profit of more than 40,000 a year my visa is refused again.

Reason-1 Previous Earnings-(Points claimed-25, Points awarded-0)

The evidence of insurance that you have supplied does not meet the requirements because it is not one of the documents specified in the policy guidance as being acceptable evidence of registration to trade as a self employed indifidual in the United Kingdom.

IT Should have been employers liability insurance ---

Documents submitted-1)Letter from HM Revenue and customs confirming my Unique Tax reference number, 2)Business Insurance Schedule from Finsbury Insurance Group(all the documents sent by Insurance Group).

Reason-2 UK Experience-(Points claimed-5, Points Awarded-0)

As evidence of this you have provided a transcript of award and degree certificate. This evidence is insufficient because it is not one of the documents specified in the policy guidance as being acceptable evidence of study in the UK to be awarded points in this area. Furthermore, it does not include cdonfirmation of the start and end dates of the study, nor does it confirm that the course was full time.

Documents submitted-Original transcript of award and degree certificate from UWIC.

U can appeal the decision

Please advice.
Raj

[biswaruponline]

Hi,

After being refused 3 months ago I applied again on 15th of April 2010 with net profit of more than 40,000 a year my visa is refused again.

Reason-1 Previous Earnings-(Points claimed-25, Points awarded-0)

The evidence of insurance that you have supplied does not meet the requirements because it is not one of the documents specified in the policy guidance as being acceptable evidence of registration to trade as a self employed indifidual in the United Kingdom.

IT Should have been employers liability insurance ---

Documents submitted-1)Letter from HM Revenue and customs confirming my Unique Tax reference number, 2)Business Insurance Schedule from Finsbury Insurance Group(all the documents sent by Insurance Group).

Reason-2 UK Experience-(Points claimed-5, Points Awarded-0)

As evidence of this you have provided a transcript of award and degree certificate. This evidence is insufficient because it is not one of the documents specified in the policy guidance as being acceptable evidence of study in the UK to be awarded points in this area. Furthermore, it does not include cdonfirmation of the start and end dates of the study, nor does it confirm that the course was full time.

Documents submitted-Original transcript of award and degree certificate from UWIC.

U can appeal the decision

Please advice.
Raj

Hi,

It is employers liability insurance. I did it online from simlybusiness.com where it shows Employers Liability -10,000,000, Public Liability other than Polution and Contamination-10,000,000, Pollution and Contamination-1,000,000,Product Liability-10,000,000, Legal Expenses arising from Health & Safety Legislation-250,000.

Thanks.
Raj

[james21]

hi my visa is refused becase i given the two additional documents from the list for the self employed persons; 1 : a letter from HM & Revnue containing UTR number,,, they accepted this as a proof but
seconad evidence i given was a public and product liability insurance (because i dnt have any employee so i cnt have employers liability inurance certificate),,,,,,,,, they have not accepted this
i am given the right to appeal, what are the chances in the appeal or can i produce my tax returns at the appeal as well which is mentioned in the list,
your thoughts will be appreciated,
thanks
james

[santosh]

Hi I got same problem my visa got refused because I applied as a self employed and I showed the gross amount as 38000 and the net profit as 29900(this is after tax) .the case worker mentioned on the refusal letter that they only consider the net profit not the gross in case of self employed,can anyone please tell me which is correct
Thanking you.
Regards
Santosh