Tier 1 Extension got refused due to Earnings

tier1appeal · Post by **tier1appeal** » Sat Jun 30, 2012 1:00 pm

Hi
I'm a company director of a Ltd company and have shown the previous earnings as following:
- Salary
- Dividends
- Company Net Profits

The caseworker refused the application on ground that
M
HMRC considers Ltd company as a separate legal entity and hence the net profit cannot be considered as my income.

I've been given right to appeal. Please advice what I should do?

Post by **Lucapooka** » Sat Jun 30, 2012 1:25 pm

You need to take the money out of the company and receive it as salary, dividend, whatever. The problem is that you can't do that now as it will be new evidence rather than additional evidence. Meaning it did not exist at the time of the decision and therefore can't be used in an appeal. Therefore, a new application after you have made this adjustment would, in my opinion, be more appropriate.

tier1appeal · Post by **tier1appeal** » Sat Jun 30, 2012 1:52 pm

- My visa is already expired...Can I apply again?
- I've another option..in last 15 months..I've worked in Umberella company for 3 months and have an income of £27000/- for 3 months...Then I'll have company Sal+dividends = £30000/-. So I'll get enough points to qualify.

Pls advice what should I do..

Post by **Lucapooka** » Sat Jun 30, 2012 1:57 pm

You can still re-apply on an expired visa. You can also appeal if the earnings from the umbrella company existed. By this I mean has been paid to you rather than is available to be paid to you now.

tier1appeal · Post by **tier1appeal** » Sat Jun 30, 2012 2:09 pm

i had the earnings from umbrella company...

I applied in April 03, 2012
- Shown income from april 2011 - Mar 2012
I could have shown the income from Jan 2011 - Dec 2011 and then I could have got the points....

Please advice if this appeal will be OK

Post by **Lucapooka** » Sat Jun 30, 2012 2:12 pm

I could be entirely wrong, but the appeal will only consider the parameters of application that you made at that time, in which you selected a given 12 month period. You can show whatever income was missing or absent from that period in your appeal. I really don't anticipate a situation where you can actually change the earnings period on appeal to make your income more favourable. Wait for others to respond or seek professional advice. And for a new application that particular earnings window has moved along so is now out of reach.

tier1appeal · Post by **tier1appeal** » Sat Jun 30, 2012 2:59 pm

In that case I'll have to prove that the Net Profit of company is mine only...I think we have a similar thread on the board...
Maybe I'll get some more advice by senior members..

contactrizwan79 · Post by **contactrizwan79** » Wed Jul 25, 2012 1:34 pm

tier1appeal wrote:In that case I'll have to prove that the Net Profit of company is mine only...I think we have a similar thread on the board...
Maybe I'll get some more advice by senior members..

Hi TierqAppeal,

I not in a position to suggest you, but wanted to know what you did ?

ContactRizwan79

gaurav76.5 · Post by **gaurav76.5** » Thu Jul 26, 2012 3:09 pm

I would say file in a new application and start a fresh application...

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Tier 1 Extension got refused due to Earnings

Tier 1 Extension got refused due to Earnings