ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

UK Refusal

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

UK Refusal

Post by Amir Hameed » Wed Jul 26, 2017 10:08 am

Image

Please explain me this refusal. I live in Pakistan. I am proprietor of my company. I presented documents :

Business bank statements last 6 month (with handsome closing balance). Bank maintenance letter (mentioned proprietor) Company registration certificate (where mentioned clearly I am individual proprietor). Personal income Tax Return (mentioned clearly net income on it). Personal net assets. Property documents(on my personal name). Family registration certificate. Business evidence.

I do not understand this refusal where is missing.

Please let me help what to do now?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK Refusal

Post by Obie » Wed Jul 26, 2017 10:11 am

Is it a visitor visa refusal?

The contents are not fully clear.
Smooth seas do not make skilful sailors

Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

Re: UK Refusal

Post by Amir Hameed » Wed Jul 26, 2017 10:22 am

Obie wrote:Is it a visitor visa refusal?

The contents are not fully clear.
Yes it is Visitor Visa refusal. Please open image in new tab.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK Refusal

Post by Obie » Thu Jul 27, 2017 3:34 pm

The refusal seems wrong. You should seek reconsideration from the Entry CLearance Manager. He may overturn it. It will not be the first time surely.
Smooth seas do not make skilful sailors

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: UK Refusal

Post by Wanderer » Thu Jul 27, 2017 6:43 pm

I think the refusal is justified, one should not be using business funds to fund a personal visit, who's to say the funds are not taxes due.
An chéad stad eile Stáisiún Uí Chonghaile....

Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

Re: UK Refusal

Post by Amir Hameed » Sat Jul 29, 2017 7:51 am

Obie wrote:The refusal seems wrong. You should seek reconsideration from the Entry CLearance Manager. He may overturn it. It will not be the first time surely.
how I seek reconsideration from the ECO? Let me know the way
He said next Application should be circumstances changed. But how i will change
I presented all documents. Just they refused that I can't use my business accounts. even i Can use due to signatory.

Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

Re: UK Refusal

Post by Amir Hameed » Sat Jul 29, 2017 9:20 am

Wanderer wrote:I think the refusal is justified, one should not be using business funds to fund a personal visit, who's to say the funds are not taxes due.
Sole Owner Proprietor can use his Bank accounts for both business and Personal with separate Labels.
I am Importer and paid all taxes at the custom stage at the sea port. my mistake was, i didn't mentioned this in cover letter.
If they want I demonstrate my individual circumstances then what should I do for my new fresh application. Please help me
What need to change ?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK Refusal

Post by Obie » Sat Jul 29, 2017 2:39 pm

If it is a company then you need to show the income you receive from the company. If it is sole proprietor, then the visa officer is wrong, as every income from the business will be yours, and you are liable for any loss.

Is the business income paid into a private or business account?
Smooth seas do not make skilful sailors

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: UK Refusal

Post by Wanderer » Sat Jul 29, 2017 2:52 pm

Obie wrote:If it is a company then you need to show the income you receive from the company. If it is sole proprietor, then the visa officer is wrong, as every income from the business will be yours, and you are liable for any loss.

Is the business income paid into a private or business account?
Not really, the OP way well be charing the Pakistani version of VAT on his goods or services, that money would belong to the government, with the poor businessman acting as unpaid tax collector. That's how it is in UK and it seems most of the old Empire's former colonies adopt broadly similar rules.
/corporation tax, income generated includes some element of tax, and certainly in the UK (as an example) the wise businessman accrues for this. I usually hive off a third of all income to another account and pay my business taxes out of that.

My advice to the OP would be to include his accounts with the next application which should show a profit from which the ECO can base his judgment.
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK Refusal

Post by Obie » Sat Jul 29, 2017 6:40 pm

Wanderer wrote:
Not really, the OP way well be charing the Pakistani version of VAT on his goods or services, that money would belong to the government, with the poor businessman acting as unpaid tax collector. That's how it is in UK and it seems most of the old Empire's former colonies adopt broadly similar rules.
/corporation tax, income generated includes some element of tax, and certainly in the UK (as an example) the wise businessman accrues for this. I usually hive off a third of all income to another account and pay my business taxes out of that.

My advice to the OP would be to include his accounts with the next application which should show a profit from which the ECO can base his judgment.

Even if i was to take your view at its highest, are you seriously saying, that the money in the account of a sole trader will be that of the Government as a VAT payment.
Smooth seas do not make skilful sailors

Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

Re: UK Refusal

Post by Amir Hameed » Sat Jul 29, 2017 6:45 pm

Obie wrote:If it is a company then you need to show the income you receive from the company. If it is sole proprietor, then the visa officer is wrong, as every income from the business will be yours, and you are liable for any loss.

Is the business income paid into a private or business account?
Its Sole Proprietor Company.
All payments come to business bank accounts.
Actually, due to Sole Proprietor , I never need for my personal name bank account. I always use these business bank accounts for business and personal.
You are right every income/Loss is mine. Company income tax return is also my personal return due to individual.
Everything were mentioned in my presented tax return where mentioned my yearly income and paid tax.
Just missing personal bank account.
Now let me guide for new application.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: UK Refusal

Post by Wanderer » Sat Jul 29, 2017 9:47 pm

Obie wrote:
Wanderer wrote:
Not really, the OP way well be charing the Pakistani version of VAT on his goods or services, that money would belong to the government, with the poor businessman acting as unpaid tax collector. That's how it is in UK and it seems most of the old Empire's former colonies adopt broadly similar rules.
/corporation tax, income generated includes some element of tax, and certainly in the UK (as an example) the wise businessman accrues for this. I usually hive off a third of all income to another account and pay my business taxes out of that.

My advice to the OP would be to include his accounts with the next application which should show a profit from which the ECO can base his judgment.

Even if i was to take your view at its highest, are you seriously saying, that the money in the account of a sole trader will be that of the Government as a VAT payment.
No, but part of it is or could be.

Say the business sells an item for £1000, Tax/VAT whatever of 20% for arguments sake. To make or sell this item on you incur costs of £500 plus 20% VAT/Tax...

So that's £1200 in, but 20% of that is tax owed, less the tax on goods sold, in this example tax on £500 is £100 making £600 costs leaving £600 balance, £100 of it due in VAT/tax.

£200 tax in, less £100 tax out is £100 owed to the taxman.

So the business account will show £1200 less £600 costs, £600. But £100 of that is tax and doesn't belong to the proprietor. Could be more, could be less depends on the profitability of the company but the point remains the whole sum in the bank is not available.

And that's just VAT, there's income tax if sole proprietor and corporation tax if Ltd to consider.

This is what happens when business funds are mixed with personal, in any given case the money in the bank could even be all owed to the taxman, its possible and hence I am suggesting this is the view the ECO has taken.
An chéad stad eile Stáisiún Uí Chonghaile....

Amir Hameed
Newly Registered
Posts: 6
Joined: Wed Jul 26, 2017 8:28 am

Re: UK Refusal

Post by Amir Hameed » Sat Jul 29, 2017 10:19 pm

Wanderer wrote:
Obie wrote:
Wanderer wrote:
Not really, the OP way well be charing the Pakistani version of VAT on his goods or services, that money would belong to the government, with the poor businessman acting as unpaid tax collector. That's how it is in UK and it seems most of the old Empire's former colonies adopt broadly similar rules.
/corporation tax, income generated includes some element of tax, and certainly in the UK (as an example) the wise businessman accrues for this. I usually hive off a third of all income to another account and pay my business taxes out of that.

My advice to the OP would be to include his accounts with the next application which should show a profit from which the ECO can base his judgment.

Even if i was to take your view at its highest, are you seriously saying, that the money in the account of a sole trader will be that of the Government as a VAT payment.
No, but part of it is or could be.

Say the business sells an item for £1000, Tax/VAT whatever of 20% for arguments sake. To make or sell this item on you incur costs of £500 plus 20% VAT/Tax...

So that's £1200 in, but 20% of that is tax owed, less the tax on goods sold, in this example tax on £500 is £100 making £600 costs leaving £600 balance, £100 of it due in VAT/tax.

£200 tax in, less £100 tax out is £100 owed to the taxman.

So the business account will show £1200 less £600 costs, £600. But £100 of that is tax and doesn't belong to the proprietor. Could be more, could be less depends on the profitability of the company but the point remains the whole sum in the bank is not available.

And that's just VAT, there's income tax if sole proprietor and corporation tax if Ltd to consider.

This is what happens when business funds are mixed with personal, in any given case the money in the bank could even be all owed to the taxman, its possible and hence I am suggesting this is the view the ECO has taken.
You understand this refusal. Now please let me help what Should I do for my fresh Application.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: UK Refusal

Post by Obie » Sat Jul 29, 2017 10:21 pm

Well in Immigration law and other civil matters, the test is balance of probablilties.

The officer is required to ask him or herself whether on a balance, it is more likely than not, that most or a significant proportion of the money will belong to the applicant.

If that correct test had been applied, then the outcome may well have been different.

There is a problem with Pakistan visitors application. The treatment of those application is very different to other parts of the world, and it is something i have requested answers from the Home Office, but nothing is forthcoming so far.

The refusals are just too ridiculous, when most of these people are genuine visitors.
Smooth seas do not make skilful sailors

Locked