Genuine Earnings Test for Tier 1 (General)

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Postby sagareva » Fri Sep 20, 2013 7:04 pm

AUHS wrote:It will be interesting to see how they deal with PEO in person applications.


good point, i sense they may be looking at removing tier1 form the list of PEO applications.
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Postby AUHS » Fri Sep 20, 2013 7:47 pm

I don't think they will remove it from PEO lists.

They can do the interview or request more documents at the same day as they were doing in past.I mean face to face conversation with Case workers.

The letter they are sending seems to be a standard letter to all the applicants.

I think They will contact only those peoples whom they doubt some thing .Other people's will get their decisions without any further hassle.
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Postby lwl » Fri Sep 20, 2013 8:15 pm

sagareva wrote:
tripple wrote:i think they r sending that letter to everyone who applied this month and they will randomly ask for more additional papers or interview.......

ukba rules changing like a toilet tissue changing in the toilet......


Did all of you guys do your biometrics already?

I applied by post on August 30th, received at UKBA Sept 4th.
I did not receive any such letter so far.
I received a biometrics letter dated the 13th (there was a delay because I paid by cheque), just did biometrics today.
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 am applying for a second extension, and all earnings are overseas earnings.


no, i only received the letter notifying me the change, but no biometrics letter.

maybe you are very lucky that they are still processing your application?
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Postby sagareva » Fri Sep 20, 2013 8:50 pm

lwl wrote:
sagareva wrote:
tripple wrote:i think they r sending that letter to everyone who applied this month and they will randomly ask for more additional papers or interview.......

ukba rules changing like a toilet tissue changing in the toilet......


Did all of you guys do your biometrics already?

I applied by post on August 30th, received at UKBA Sept 4th.
I did not receive any such letter so far.
I received a biometrics letter dated the 13th (there was a delay because I paid by cheque), just did biometrics today.
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 am applying for a second extension, and all earnings are overseas earnings.


no, i only received the letter notifying me the change, but no biometrics letter.

maybe you are very lucky that they are still processing your application?



maybe, but i won't be so sure. it may also be that our post is just that awful ((

I did my biometrics today, so we will know soon.

But there's a guy here who did his biometrics in April, didn't he? doesn't seem to have helped him much.
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Genuine income test and company director

Postby crimson76 » Sun Sep 22, 2013 4:29 pm

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?
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Re: Genuine income test and company director

Postby 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
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Postby 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)

Postby 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?
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Re: Genuine Earnings Test for Tier 1 (General)

Postby 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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Postby 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.
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Postby 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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Postby 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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Postby 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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Postby 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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Postby 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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Postby 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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Postby 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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Postby 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.
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Postby 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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Re: Genuine income test and company director

Postby 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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