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Genuine Earnings Test for Tier 1 (General)

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

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O_Relly
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Re: Genuine income test and company director

Post by O_Relly » Sun Sep 22, 2013 9:00 pm

crimson76 wrote:
AUHS wrote:Well I think it's a new standard letter UKBA is sending to all the Tier 1 G applicants.

There might be some new techniques from UKBA now.For example

They will cross check the previous earnings claim with tax paid to the HMRC in the previous application as indicated in the Rules Change Summary.

Close and strict scrutiny of the Self Employed/Limited Company Director etc earnings.

Any money transferred/Withdrawal from the applicant to other parties(As they think same money is coming back to claim earnings point).Applicant might need to back up / proof of their money transfer or withdrawal .

UKBA will check every thing and then if they suspect some thing suspicious then they will ask more documents to prove and or they will ask to attend an interview.

If they think that the application is ok then the applicants will receive as usual.
Hi,
I will be applying for my Tier 1 extension next month. I am working as company director but I draw sufficient salary for required points from my company and pay all taxes and NI under PAYE scheme of HMRC. What I would like to know is whether these new changes in the law will only effect directors who are drawing income in dividend or the directors who draw enough income in salary from their on own company will also be under microscope?
It will not make any difference as long as the criteria is met and applicant does not make any bogus claims of earnings. See quote from pg 6
A “genuine earnings” test is being introduced, following the introduction of similar
tests in the Tier 1 (Entrepreneur) category and Tier 4, the student route. This change
is being made in response to concerns that Tier 1 (General) is being abused by
applicants submitting bogus claims of their earnings, particularly self-employed
earnings
. The new test gives caseworkers greater scope to test the evidence presented
in cases where abuse is suspected

rajesh_b
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Post by rajesh_b » Mon Sep 23, 2013 10:15 am

sagareva wrote:
Could it be something they send to those who has done the biometrics already?

Are you guys applying for your first, or second extensions?
I have already done my biometrics in April and waiting for a decision since then. I think most of the people who got these letters are in the same boat(waiting for a decision).
This is my first Tier 1 extension.

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Re: Genuine Earnings Test for Tier 1 (General)

Post by rajesh_b » Mon Sep 23, 2013 10:29 am

Can the home office put applications on hold so that they can make some random rules when ever they feel like and then process the withheld applications?
I havent read anywhere if they can stop processing the applications and wait till the new rules can be applied?

The letters state that the new rules will start from oct 1st and the change is applicable to all applicants, including those which were submitted prior to 1 October 2013.

Any thoughts?

sagareva
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Re: Genuine Earnings Test for Tier 1 (General)

Post by sagareva » Mon Sep 23, 2013 11:40 am

can it do that? well, it just did

should it be doing that? of course not

what are they thinking? they are thinking that only genuine applicants will rebel/scandal/sue, while those who do indeed have something fishy going on, will sit it out in fear

the job of separating the first ones from the second ones will be done for them, once again

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SameerSheikh
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Post by SameerSheikh » Mon Sep 23, 2013 3:51 pm

Well its always better to go at PEO rather than of posting.

At least you dont have to wait that long and the majority had success.


I applied as in person on 11th of September as they never asked me any such question despite I have declared salary employed as well as shareholder (Director) of limited company.

They never asked me for any invoices/contracts either which everyone been asked for nearly.

AUHS
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Post by AUHS » Mon Sep 23, 2013 4:21 pm

SameerSheikh wrote:Well its always better to go at PEO rather than of posting.

At least you dont have to wait that long and the majority had success.


I applied as in person on 11th of September as they never asked me any such question despite I have declared salary employed as well as shareholder (Director) of limited company.

They never asked me for any invoices/contracts either which everyone been asked for nearly.
Congratulations .....

And it's a relaxing news for applicants.If you are properly prepared your case then it's much easier.....

UKBA will ask additional documents/interview only if they doubt some thing ....

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Post by rpsarangi » Mon Sep 23, 2013 6:26 pm

I think they must be basically looking whether the tax is being paid as it is said in the statement of changes .. And the genuinely of the employment or self employment .. If the self employment is registered and proper tax is being paid for the previous claimed income ... The application for further extension should be fine ... Any reviews
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Post by rpsarangi » Mon Sep 23, 2013 6:32 pm

Any views if these checks is getting applicable for ILR applications as well .. Thank you all
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sagareva
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Post by sagareva » Mon Sep 23, 2013 9:15 pm

[quote="rpsarangi"]Any views if these checks is getting applicable for ILR applications as well .. Thank you all[/quote]

i think it mentions ILR as well, specifically, in the statement of changes

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Post by rpsarangi » Mon Sep 23, 2013 10:28 pm

Thanks sagareva for the reply somehow I missed that part when I was going through . Thanks
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rpsarangi
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Post by rpsarangi » Mon Sep 23, 2013 10:38 pm

After studying the document of the statement of changes point 150
My understanding is :
They will look for registration of business or registration of self employment with hmrc ..
They will look for declaration of tax and the payment of previous tax as claimed as income in previous applications
The candidate personal studies and activities related to the business he is doing
Any other form of registration required to run the business and proper process of running

Could anybody think of any thing else they might be looking after reading the statement of changes
Please comment .. Thanks
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Fingers crossed.....Trust in God.....
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Post by Khurrum_Khan » Sat Sep 28, 2013 7:55 pm

Does it relates to ILR applications under Tier 1 (General)? because statemet says " Entry clearence and leave to remain (Which is extension) " Applications...It doesnt say anything about ILR or Indefinate Leave to remain...


any ideas?

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Post by elpis » Sat Sep 28, 2013 8:31 pm

Khurrum_Khan wrote:Does it relates to ILR applications under Tier 1 (General)? because statemet says " Entry clearence and leave to remain (Which is extension) " Applications...It doesnt say anything about ILR or Indefinate Leave to remain...


any ideas?
There are several types of leave to remain, limited, discretionary and indefinite. Statement is clear it applies to all types of leave to remain.

rpsarangi
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Post by rpsarangi » Sun Sep 29, 2013 6:58 pm

Khurrum_Khan wrote:Does it relates to ILR applications under Tier 1 (General)? because statemet says " Entry clearence and leave to remain (Which is extension) " Applications...It doesnt say anything about ILR or Indefinate Leave to remain...


any ideas?

We just need to wait and see what happens after 1st October ... The Self employed people were under strict scrutiny anyways.. Now just that they have made it look official..The only thing I read in some post that they are going to check the withdraw the money earned... I dont agree to that as once the money is earned thats yours .. you could use it the way to want and withdraw the way you want,,, apart of that i agree to various points in different posts .....

but we just need to see what they are looking for in the new set of rules...
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Fingers crossed.....Trust in God.....
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Re: Genuine income test and company director

Post by rpsarangi » Sun Sep 29, 2013 7:08 pm

O_Relly wrote:
crimson76 wrote:
AUHS wrote:Well I think it's a new standard letter UKBA is sending to all the Tier 1 G applicants.

There might be some new techniques from UKBA now.For example

They will cross check the previous earnings claim with tax paid to the HMRC in the previous application as indicated in the Rules Change Summary.

Close and strict scrutiny of the Self Employed/Limited Company Director etc earnings.

Any money transferred/Withdrawal from the applicant to other parties(As they think same money is coming back to claim earnings point).Applicant might need to back up / proof of their money transfer or withdrawal .

UKBA will check every thing and then if they suspect some thing suspicious then they will ask more documents to prove and or they will ask to attend an interview.

If they think that the application is ok then the applicants will receive as usual.
I agree to the points apart of only one thing that once the money is earned that is yours ... They could check the clients, the source of income but they cant ask for proof why the money was withdrawn after being earned ...

Any reviews Gurus or members what you think...
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Fingers crossed.....Trust in God.....
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Khurrum_Khan
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Post by Khurrum_Khan » Sun Sep 29, 2013 9:24 pm

sagareva wrote:
rpsarangi wrote:Any views if these checks is getting applicable for ILR applications as well .. Thank you all
i think it mentions ILR as well, specifically, in the statement of changes
Statement of changes doesnt say any thing abt ILR......its too cofusing at the moment...only Extension applicants recieved the letters....not ILR Applicants....

fasdone
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keep posting

Post by fasdone » Mon Sep 30, 2013 5:47 pm

Guys please keep posting any new updates regarding this.

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Re: keep posting

Post by Khurrum_Khan » Mon Sep 30, 2013 9:17 pm

fasdone wrote:Guys please keep posting any new updates regarding this.

Tier 1 General Extension form has been changed now...
http://www.ukba.homeoffice.gov.uk/sitec ... rm-changes

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Post by rpsarangi » Tue Oct 01, 2013 9:39 am

@khurrum_khan
Yes the form is not changed but if you see the ILR form and even the guidance it doesn't say much about claiming points for income .. So if we are claiming points for self employment income we have to refer to the guide of tier 1 general ..and the changes are applicable to the tier 1 general pbs so is it not that ILR comes under the same set of criteria when the case worker evaluates the previous earnings under the set of rules laid under tier 1 general ..

Please comment .. Thanks ..
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Fingers crossed.....Trust in God.....
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rpsarangi
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Post by rpsarangi » Wed Oct 02, 2013 10:03 am

My thinking for the changes:

1.Whether the money appears to have been earned through genuine employment, rather than being borrowed, gifted, or otherwise shown in your financial transactions or records without being earned

They might check the source of income ..For e.g the clients and may contact them if neded..( Which they used to do before anyways when they suspected )


2.Whether the business from which the earnings are claimed can be shown to exist (or have existed) when you claim to have earned the money and has been lawfully and genuinely trading;

They will ask for various documents for self employment like the tax documents of previous years and the Ni bills and insurances etc..( which was the requirement for initial Tier 1 application).


3.Previous earnings claims you made to the Home Office compared to declarations you made to other Government Departments;

I think they are going to check the tax documents whether you have paid tax for the previous claimed income to HO .. The other goverenment may be HMRC.

4.Your previous educational and business experience in relation to your claimed business activity;

They might check your degrees whether you have graduated or majored in the same trade or business what you are doing..And whether the business is running according to your qualifications.


5.Your immigration history and previous activity in the UK;

They might look whether you are involved in the same business for some time or it is just set up recently .

6.Where the nature of your employment or business requires you to have mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained;

They might check for various things relating to the nature of the business like VAT reg, business insurance .. I have no clue what they mean by accredation??


7.Any payments made by you to other parties and

I cant think what they are looking for here(( members please comment)).




The above is what i think from reading the new policy guidance...Members , seniors and gurus please comment what you all think
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AUHS
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Post by AUHS » Thu Oct 03, 2013 9:26 am

See

http://www.immigrationboards.com/viewtopic.php?t=147575


Point 1-5 is same as UKBA was asking in past.

Point 6 is the New one.

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Post by swati1000 » Wed Oct 09, 2013 9:32 pm

AUHS wrote:See

http://www.immigrationboards.com/viewtopic.php?t=147575


Point 1-5 is same as UKBA was asking in past.

Point 6 is the New one.
All Friends,
I applied by post in the last week of August.Biometric done by 8 September and today i received my Biometrics card.This is just to inform you guys not to worry and you will get your visas soon.As mentioned in some earlier post under different topic,even i received a letter dated 6 September of changing of rules and genuineness of the earning but i was lucky enough to get my visa.

Documents submitted
Application form
Old Brp
Fees paid by Debit card
12Months Payslips
Letter from the employer
12Months Personnel Bank Statements
Dividents vouchers
Letter from the Accountant
UTR No Letter

So relax and keep your fingers crossed

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Post by Khurrum_Khan » Thu Oct 10, 2013 7:11 pm

swati1000 wrote:
AUHS wrote:See

http://www.immigrationboards.com/viewtopic.php?t=147575


Point 1-5 is same as UKBA was asking in past.

Point 6 is the New one.
All Friends,
I applied by post in the last week of August.Biometric done by 8 September and today i received my Biometrics card.This is just to inform you guys not to worry and you will get your visas soon.As mentioned in some earlier post under different topic,even i received a letter dated 6 September of changing of rules and genuineness of the earning but i was lucky enough to get my visa.

Documents submitted
Application form
Old Brp
Fees paid by Debit card
12Months Payslips
Letter from the employer
12Months Personnel Bank Statements
Dividents vouchers
Letter from the Accountant
UTR No Letter

So relax and keep your fingers crossed
did you apply for an extension or ILR?

vlk
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teier 1 general extension interview

Post by vlk » Tue Oct 15, 2013 5:42 pm

hi iam aaplied for extension in may 20th got biomerics done on 28th today i got a call from home office to attend a interview in sheffield on 22nd is any body else got a call plz help me in this what they will ask
thanks

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Post by lwl » Tue Oct 15, 2013 7:57 pm

hi. i sent my application by post for 2nd extention in early September. in middle Sep i received that letter notifying the changes in rules, then in early Oct I received the biometrics letter. i had the biometrics done last Tuesday, just received the BRP card today. awaiting other return documents now

Good luck to everyone !

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