Very Strange case

[shrenickshah]

Hello All,

Need all the help i can get to reapply my HSMP..I submitted my application for HSMP on the 21st December got rejected 9th Jan but the letter only came through on 26th January.. I was on Working Holiday which expired on 19 January but as the visa was under consideration i was allowed to stay back in UK.. I made a appeal on the 29 January and appeal was rejected on the 5th Feb. Whilst i was confident of getting the visa i applied for FLR on the 19th Jan..I am waiting for the rejection of FLR as my HSMP is been rejected..I am allowed to stay further 28 days after the FLR rejection.

Reason for Rejection:

A. Past Earning: I have claimed 40 points as my salary from March 06 to Dec 06 (37611 POUNDS). I supplied 3 piece of information
1. Bank Statement
2. Letter from Employer
3. E salary slip attested by employer.

Reason: Ypu have supplied 3 piece of information however we would need to see p60 issued by your employer. If the tax year doesnt cover the full period claimed, then other corrobrating evidence is required.

B. UK Experience: I have supplied them my university certificate and letter..

Reason: You have claimed for studying in UK. The evidence supplied in the qualification category doesnt not support this because you havent provided a letter from home office conferring your leave to remain in the UK as student..

C: English requirement: I supplied with MSc univ letter. Ielts certificate but was 2 years old..

Reason: The certificate is 2 years old..The evidence provided has been assessed as insufficient to meet the english language requirement

In total i got 55 points but was denied 45 points due the above reasons

I can stay in UK till 3 March 07 then i have to leave the country as i am on appeal leave after the FLR rejection..I need to reapply can anyone guide me..

The following documents are what i have now and what i need..
1. P60 for march 2006
2. Univeristy Letter.
3. Salary Slip, Letter from Employer.
4. All the degree certificates and transcript.
5. I need the format for the letter from my Degree college for English Requirement..pls help.
6. MSc from Uk certificate, transcripts, Letter..

Please let me know what else would be helpful...


Regards
Shrk

[skilachi]

Hi,

Sorry about ur refusal but since your current status has expired, i'm not sure you are allowed to reapply or appeal in-country anymore. Best bet will be to get in touch with a legal rep. to help or advise you on the next step.

One thing wud say is that you shud have provided ur P60 with ur application since you would have earned points on that category and especially now that you have it, shud be rest assurred that wen next u reapply, make a point that in ur previous application u didnt submit P60 or give them the ref. no...But like i mentioned earlier, get in touch with a solicitor that does all this cos they'll be in a better position to tell u what step you shud do either by applyin out-country cos believe me u dont wanna over stay cos it might affect u in the future.

Best of luck!

[webhunter]

Sorry about the refusal.

I agree with skilachi. I firmly believe you will be over staying making an other application. The 28 days is just a myth. It is usually enough time to pack our bags and leave the country, not to keep re-applying.

Even if you apply for a HSMP, this time you wont be able to apply for a FLR (as your current FLR is rejected) and you dont have any valid leave remaining in the country. During the grace period, you are not allowed to apply for FLR, as that is the time given to pack bags, buy tickets and leave country.

Assuming your HSMP approval is going to take a month, then all that time is considered over-staying.

If it were me, I would'nt look for any further information from this forum, I WOULD speak to a legal adviser about the current situation before making a fresh application.

If you dont, then I guess you would be at the risk of over-staying.

[shrenickshah]

I am planning to make an application and go to india on 24 Feb and wait there for the approval..Would this work..

[skilachi]

Well you cud try that but still think u shud get advise from a solicitor and this time do try and take ur time in re-applyin and make sure you've got all the docs ready even if it takes 1-2months to re-apply and by going back to ur home country.

You mentioned wen u appealled on the 29th jan and was rejected again on the 5th feb (which was just 1 week after ur appeal) that shows that they are not ready to consider ur appeal since you initial status (workin hols) ended on the 19th jan....so technically u have no rights to be sendin any further applications and that was why they rejected immidiately...Think wot u shud try and do is get all ur original docs (P60, bank statements, letter, payslips) together and get in touch with a solicitor quick and do not over stay too much.

[webhunter]

one sentence ...

Apply after leaving the country ..

[skilachi]

YES.........Sorry that it might sound painful but thats ur only choice. I had to leave UK last year oct. on the same day wen my working hols expired and was lucky that i hadnt filed my FLR then when my initial hsmo was been accessed else i wud have over-stayed and was away from the UK for 3-4months, just got back about 2wks ago.

But your solicitor will apply in-country for you when u are back in your home country.....

[pantaiema]

Dear shrenickshah

I am really sorry to hear about your rejection. But your case provide useful lesson learnt fot other members.

This is another example application is rejected becuase P60 is not supplied.

Why take risk if you could supply it, if NOt provide a very strong reason. Why ..

Evidence have shown that if your reason is because it will not cover the whole period of earning period climed, your reason will not be acceptable. If you use this reason, they will assume that you deliberately avoid to supply this evidence.

Case worker defenitely now that you will NEVER get P60 cover the whole period because you only get once in a year, in early April.

Hope this become a good lesson for the future for people who want to apply.

Pantaiema

Hello All,

Reason for Rejection:

A. Past Earning: I have claimed 40 points as my salary from March 06 to Dec 06 (37611 POUNDS). I supplied 3 piece of information
1. Bank Statement
2. Letter from Employer
3. E salary slip attested by employer.

Reason: Ypu have supplied 3 piece of information however we would need to see p60 issued by your employer. If the tax year doesnt cover the full period claimed, then other corrobrating evidence is required.

[ed_1980]

That intrigues me. My application is with them now and will have a similar situation regarding income. My permission to work in the country (Working Holiday) expires 9 April, and as such I can't really get a P60 in time to apply while I continue working. As such I've applied, with stamped and signed payslips and a letter from my employer corroborating that information.

Importantly.. that is all the information they request - they don't request three bits.. If you can't get a P60, you must provide ONE of the following - bank statements or a letter from the employer.

Why do they reject the applications which adhere to this rule yet do not provide a P60?

Sure, I can provide a P60 I guess in April - but I'll have to resign from my position with the company, faff around applying etc. It's a pain.

I'm guessing that's your best hope. Stop working, get your P60 in April. Apply from outside the country.

[shrenickshah]

I have to terminate my contract with my company and go to india on 3rd March but luckily my company has given me time till the 15th of April to come back and start where i stopped..I supplied 3 piece of document which were all stamped but still they need atleast one p60 for some f***g reason..

[skilachi]

Lucky you that ur company is giving u time, mine didnt and i had to terminate and left the country, luckily didnt over stayed cos i left on the same day my working hols expired and i had just gotten my refusal letter just 2days before that.

Now I can smile cos after exactly 1year, i've finally been approved and shud start with the EC (in-country) by end of this week and with my bday comin up in 3wks, looks like its gonna be a good one for me

.....For ur earning, do make sure u submit ur P60 even if its shows 1month. Get in touch with ur HR dept. They can send u a duplicate copy of ur past payslips and P60 and they dont need to sign or stamp cos its the original except that duplicate is written across it. Thats wot i used for mine as well.

Good luck!

[shrenickshah]

I spoke to a solicitor and he said it was the easiest case they have seen been rejected just coz p60 wasnt supplied.. Its sounds really ridicilous.. I am allowed to stay in country for 28 days after the rejcetion of FLR so i am not overstaying which is the one good news i have heard in 4 days..Will keep you posted on development..

[skilachi]

Yeah it is....seems like HO are just looking at ways to refuse rather that approve especially when u've got most of the docs required and u've worked here or still in workin in the UK.

[Junior0300]

My brother faced a similar situation when his student visa expired by the time of his first decision on HSMP (REFUSAL).

He only got a letter from the FLR department that he has 28 days to leave the country, while his passport was sent unmarked (without extension of 28 days).

To avoid leaving the country he applied for the student visa (obviously he had to take admission in a college) and later applied for the HSMP visa which was granted.

He was told that he might get student visa (overstayers can apply for student visa but if there application rejects they dont have a right to appeal) but to get FLR-HSMP is not possible on an expired visa.

The scenario we are discussing here differs in a way that my brother was originally at Student Visa while the person here is on Working Holiday Visa.

------------------

[pantaiema]

This is new to me that an overstayer could apply for students VISA ...
If this information is true. No wonder thre are so many bogus students in the UK.

To get admission in the UK is "extremely" easy, especially if you go to college, just pay a few hundred pounds and and you will get unconditional admission letter and/or a letter from college mentioning that you are studying there. Bring that letter to HO and you get for extension at least one year.

I have seen so many people have been with student VISA for over 5 years but in reality they never go to school, never pay tuition fee, (just pay a few hundred pounds to get the letter). In fact, they could get their student Visa extended every year, work over 40hrs/week undetected.

I think the HO have been blind sofar they allow so many peole to become bogus students while they are trying to deport honest people who have paid tax and NI number under HSMP.


Pantaiema

To avoid leaving the country he applied for the student visa (obviously he had to take admission in a college) and later applied for the HSMP visa which was granted.

He was told that he might get student visa (overstayers can apply for student visa but if there application rejects they dont have a right to appeal) ------------------

[Junior0300]

I am sure i did not mention Bogus college or fake admission.


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