Tier 1 General Extention Refused self employed via ltd comp

[hayya786]

Tier 1 general visa was refused based on Section 19 SD because evidence does not meet limited company requirement. AND Plus i cannot claim the company turn over as its companies not mine.I am very amazed that this. Was the case. I submitted my company account showing profit/loss both. GroSs and net and also signed by me as the director of the company. I also submitted a business bank statement which proves money that was paid in and also all invoices showing hourly rate The only confusion I guess was that my solicitor included an accountant letter which was not intended as an evidence but just to proof that the financial year just ended and that my accountant will be filling the tax return which will be paid as advise by HMRC.
my accountant showed me as a self employed via ltd company structure and I got the refusal that if am employee in my own company the proof i provided are not appropriate and plus i cannot claim the companies turn over.. Can I apply fresh application as i already logged my appeal but can i submit fresh application as my visa is already expired now after the refusal but i am under section 3c covered for the period during the appeal process. Please kindly guide me what to do. And If i am allowed to apply for fresh application is that i have to apply withinn 28 days or can i apply after 28 days as well as am covered under section 3c which means i av already logged the appeal..do not what to do very frustrating. thanks in advance for the reply

[HSK Accountancy Services]

Tier 1 general visa was refused based on Section 19 SD because evidence does not meet limited company requirement. AND Plus i cannot claim the company turn over as its companies not mine.I am very amazed that this. Was the case. I submitted my company account showing profit/loss both. GroSs and net and also signed by me as the director of the company. I also submitted a business bank statement which proves money that was paid in and also all invoices showing hourly rate The only confusion I guess was that my solicitor included an accountant letter which was not intended as an evidence but just to proof that the financial year just ended and that my accountant will be filling the tax return which will be paid as advise by HMRC.
my accountant showed me as a self employed via ltd company structure and I got the refusal that if am employee in my own company the proof i provided are not appropriate and plus i cannot claim the companies turn over.. Can I apply fresh application as i already logged my appeal but can i submit fresh application as my visa is already expired now after the refusal but i am under section 3c covered for the period during the appeal process. Please kindly guide me what to do. And If i am allowed to apply for fresh application is that i have to apply withinn 28 days or can i apply after 28 days as well as am covered under section 3c which means i av already logged the appeal..do not what to do very frustrating. thanks in advance for the reply

Without full details I can guess only but It appears that you did not transfer money from company to your personal account as dividend.

Without dividend you cannot claim money as it is not your income even you are 100 Share holder and director of your own company.

[hayya786]

Yes but my accountant said i am self employed in my own company so he showed the net profit as my profit and have not showed any dividend with drawn or anything like that simple like self employment I never with drawn any dividends etc. I do not what to do.As my accountant said you are self employed in your own company and you do not need to draw dividend and simply i put net profit as my income..

[HSK Accountancy Services]

Yes but my accountant said i am self employed in my own company so he showed the net profit as my profit and have not showed any dividend with drawn or anything like that simple like self employment I never with drawn any dividends etc. I do not what to do.As my accountant said you are self employed in your own company and you do not need to draw dividend and simply i put net profit as my income..

unfortunately, the advice given by your accountant is incorrect.

Company's director is not same as 'self employed'. The self employed person can claim the money into their business account as they and their 'business' is same thing but company and the shareholder/director are separate from each other as company is a separate legal 'entity' .

Only way you can claim money from company structure is through salary and dividend.

[hayya786]

any suggestions what can i do about it please..

[NARMAK]

Hi mate

I suggest to go for fresh application as if you go for appeal I may refuse as your application rejected on valid reason.

If you working under limited company set up you draw earning via salary and dividend only. If you wants to declare company profit your income you should be 100 percent shareholder holder of the n you require share holding certificate.

It's better you transfer all the profit after tax to your personal account as dividend and resubmit your application and this time find qualified accountant or Solictors.

Best of luck

[BYC]

Hi Hayyah, have you not appealed since July, how many days do you have to appeal?

[Sushil-ACCA]

u have not claimed dividend / salary from company was yr 1 mistake

profit can be set off against future losses but once dividend paid is earned by applicant

u need to get proper accounts with dividend as earning

[Seemawasil]

i was coming back from pak on airport immigration officer a said asked few question and she said she is not satsfy and put me and my family in investigation wait 8 hours on airport and than after my interview took our passport and biometric for furthur verification and let us go now my solicitior send taxs documents to them still i m waiting for their reply or an interview date do anyone want to share the same experince so i can get any advice.

[romy4you]

hi Seemawasil,
what was the problem can u explain in detail .
u on tire 1 did u have second extension? . what they where asking ?
Seemal is ur earning in self employment ?


plz can u explain me i am going in December .
thanks
romy

[hayya786]

Dear all thanks for replying by the grace of Allah I won my appeal on 24.1.2014. As no lawyer from
home office appeared in court. Plus my barrister has given a proof from the guideline which was
on page 121 self employment via lts comp so the judege was conviced.

But now its about to be a Month now I have not received anything have asked my solicitor
to chase up with them he said judge has given the decision its the administrative team who
is taking longer they have not typed the letter yet they might do within this week and then
it will be going to the home office and homeoffice can take upto 5 days to challenge the decision
in upper tribunal.

The problem is my mum is severely ill with liver cirrhosis plus she got tumour as well
and i want to visit her as soon as possible but I am still waiting for my documents to travel.
I do not know what to do how to speed up their process as I have read on UKBA website, court
should take 10 days to write a letter out and its been a Month, even though judge has given
directions to issue my visa asap and even from their side its a month and after that home office
process is so slow and I urgently need to visit my mum

[goldfish]

Not sure if you already have resolution to your case? but I have heard people contact their Member of Parliament and ask them to request action and to speed up the process. I hope you get to visit your Mum soon.

[hayya786]

Thanks for the reply yes I have sent email to MP on 17th of Febuary and they just replied it yesterday,
and I have given him my details and everything just finger crossed now lets see what happens
as am still waiting. Just asked my Solicitor to chase with court for my determination and the funny thing
is that they have just posted my determination yesterday to home office and hopefully they will be receiving in few days and then after that I hve to chase up with them. The whole process is so frustating
and time consuming, very poor service.

[sorento]

Looks good! Actually I am looking at setting up my ltd/umbrella as well as PAYE has been far less tax efficient. The main issues I need to figure out are: 1. whether or not ltd/umbrella are accepted and 2. if so, how it works? which part of earnings can be calculated as Tier 1 earnings.

I know, for PAYE, the pre-deduction earnings are regarded as Tier 1 earnings. But for limited company, which part? salary + dividends? and if the salary and dividends are already NI and tax, the amount may be 'lower' than PAYE, however in the end, ltd/umbrella take home pay is still a lot more than PAYE but purely for T1 extension point of view, PAYE maybe better?

Regards

[hayya786]

Best for you to do paye as well as divident in this way will be less taxed..

And HO is challenging my allowed appeal in Upper tribunal now