Refusal for not having Salary as per SOC code

[cams2011]

Hi



One of mine friend got refusal on Extention of his Tier 1 Enter. 50K route for not having enough income as per their SOC code. Now confusion is, how we withraw salary from our own business and UKVI recently change salary structure for all SOC code.

check Codes of Practice for Skilled Workers
Standard Occupational Classification (SOC) Codes and minimum appropriate salary rates 6 April 2015 Version
04/15.

If we register Director of the company for PAYE to withdraw appropriate salary. Then each month NI contribution and TAX goes more than £400/month.

Update requested from senior members.

Any member got Idea

[Irfanmz]

dear the SOC salary are you talking about is this for director or for employee ?
1: if this is for Employee than we must follow SOC
2: but if this is for director than if company is not making enough profit how you are suppose to take so much of money out of you company as salary (and put your company even in more pressure) . this is a complete non sense. if this is the case your friend has very strong ground to stand on. no one can predict business profit and success and no one can dictate you how to do business. hope this helps

[friend87]

Hi



One of mine friend got refusal on Extention of his Tier 1 Enter. 50K route for not having enough income as per their SOC code. Now confusion is, how we withraw salary from our own business and UKVI recently change salary structure for all SOC code.

check Codes of Practice for Skilled Workers
Standard Occupational Classification (SOC) Codes and minimum appropriate salary rates 6 April 2015 Version
04/15.

If we register Director of the company for PAYE to withdraw appropriate salary. Then each month NI contribution and TAX goes more than £400/month.

Update requested from senior members.

Any member got Idea

Under which Paragraph of Appendix A your friend has been refused?

[sm12]

Was there any other reason for refusal?
Immigration rules only require salary as per minimum wage, that's all.

[snapitbik]

Dear zimba, moderator


Can u please clarify us regarding this situation, if you are in 50k do we need to look for above nqf4 level jobs for hiring an employee.

[moongesture]

SOC Level Salary is not been covered under T1 rules. Being a Business Director / Self Employed it is discretionary to draw a remunerations under any circumstance. Please remember that as per T1 Investment rules applicant must be the creditor for the business and not necessarily a debtor.

Above statement exclude the credibility assessment under genuine entrepreneur test as any assessment under GET depends upon specific nature of the case.

[Irfanmz]

No there is not any requirement to hire NQF Level 4 above employee, you can employee cleaner or you can employee administrator up to your business requirements. but if you decide to employee some one above NQF 4 than HO gives you guidance of how much they should be getting paid (this is just guidance not rule).

[zimba]

As far as I can see, salary threshold based on SOC codes is only applicable to initial applications switching from PSW or Tier 1 General. For extension, you need to pay min wage or above.
What is the exact wording of the rejection letter ?

[snapitbik]

No there is not any requirement to hire NQF Level 4 above employee, you can employee cleaner or you can employee administrator up to your business requirements. but if you decide to employee some one above NQF 4 than HO gives you guidance of how much they should be getting paid (this is just guidance not rule).

Thank you irfanmz and other member just curious the OP friend case about low income probably he must have paid lower than minimum wage

[cams2011]

Dear Members


Thanks for your valueable comments on this issue.


Actually, he is the Director of the company and meet all the requirements for extension under £50K route after PSW and transfred £50 K into business and employee 2 full time employee. But he never take anything out of business of his own expense even dividend. UKVi raise this issue that you are unable to meet SOC Level 4 business occupation with no annual income as Director of SOC Level 4 business. He called for the Interview and ask about his personal Income Tax return and total income.


May I ask members, who got their visas after extension. How much personal Income tax return they file for the year of extension OR any salary withraw from Business as PAYE

Refusal is based on the Geniune Enterpreneur Test, because as per the Tier 1 Entp. policy guidance for extension application, there is no requirement of Director salary according to SOC code.


Is the any other way to fight its case with UKVI. He meet some solicitors, all advised to go for fresh application within 28 days.

Any solution from senior members. Thanks for your valueble response.

[sm12]

What is the nature of his business? Is it the same business that he was doing at the time of initial application?

[jafersadeq]

Please read:
https://www.gov.uk/government/uploads/s ... l_2015.pdf

Page 3, "Who should read this document? "

thanks

[sm12]

Jafer
The document you have mentioned only makes reference to to using the document for the purpose of determining the level of the business.
No reference has been made to the using it for salaries of tier 1 entrepreneur.

[jafersadeq]

Jafer
The document you have mentioned only makes reference to to using the document for the purpose of determining the level of the business.
No reference has been made to the using it for salaries of tier 1 entrepreneur.

Thanks,
I know, it is to show that SOC for PSW switching to T1.

[zimba]

I am still confused by what you actually mean as 'extension'. I want to make sure you do not mean 'switching' from PSW. I looked at the rules and such requirement is not there for Tier 1E extension but only exists for initial applications. Was he granted 3 years of Tier 1E initially before or is he applying to switch ???

[Irfanmz]

has he not applies for AR ? stating all the valid points raised above ? clearly if this is the only refusal it is Admin error, unless this is not the only refusal.

[noajthan]

I am still confused by what you actually mean as 'extension'. I want to make sure you do not mean 'switching' from PSW. I looked at the rules and such requirement is not there for Tier 1E extension but only exists for initial applications. Was he granted 3 years of Tier 1E initially before or is he applying to switch ???

Another case where 'friend' would be better off registering and asking own questions. Surely such a T1E applicant has internet access.

[Mrchaany]

May true if your friend failed to explain how
He survive without minimume wages plus dividend

[sm12]

Can you give the exact wording of the letter your friend got? What is the business he is doing?

[cams2011]

Dear Members


Thanks for yor reply. This is on behalf of my friend. He is very disturbed with the refusal and going to diffrent solicitors and Immigration advisors everyday. I am just helping him via Immigration board.

He is applies for T1 Entp. Extension aplication under £50 k route. He employed 2 full time employess and working as Career Advisor SOC code 3564. As he applies for extension application. UKVI called for interview in London and they ask lots of quetion about nature of business and funding. And they also ask about his personal income from business and how he survives without any income.

I will try to provide the exact wording on refusal.


Thanks for your valueable reply.

[sm12]

Hi Cams

I'm asking what is the business exactly? Is the whole nature of his business above nqf level 4? What does his work involve?
And is his business generating much revenue?

[zimba]

'extension' and 'switching' are not the same. Please clarify if he was granted 3 year Tier 1E visa before ????

[cams2011]

Hi



Thanks to all the Members for quick reply. Really appreciate...!!!


He got 3 year visa as a Tier1 Entp. He converted it from PSW. Now he is applying for Tier 1 Entp. Extension application.

He is working as carrer consultant (Advisor) with SOC code 3564. e.g working with diffrent university to enroll students for Higher courses and advice young people for for and help them with their CV and finding job. His business makes profit from last three years with good turnover each year.

[sm12]

Cams
Was this the only reason for rejection?
What did your friend tell them about not taking salary or dividend? And did he have a good reply for how he was managing with no income?
Also, as said already, it would be good to provide exact words.

[zimba]

I do not see how this applies to extension application. Immigration rules Appendix A under 41-SD (e) says:

(e) If the applicant is applying for leave to remain, and has, or was lasted granted, leave as a Tier 1 (General) Migrant or a Tier 1 (Post-Study Work) Migrant, he must also provide the following evidence that he meets the additional requirements set out in Table 4:
(i) his job title,
(ii) the Standard Occupational Classification (SOC) code of the occupation that the applicant has been working in since before 11 July 2014 or 6 April 2015 (as applicable), up to the date of his application, which must appear on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J,

This to me applies only to initial applications given that he was last granted Tier 1E visa not PSW.