HSMP Refused One: Second Application

Hi Friends,

Got a refusal recently. Have applied for a second time. Attached is my cover letter. Do you see any issues here??

===================================

HSMP Team,
Border and Immigration Agency
7th Floor, Fountain Precinct
Balm Green, Sheffield
S1 2JA

28th September 2007

Dear HSMP Team,

SUBJECT: Application for Highly Skilled Migrant Programme

This letter is with reference to my enclosed application for the UK Highly Skilled Migrant Programme (HSMP). To assist my application assessment, I am explaining the evidences I am providing for the ‘points’ claimed.

Enclosures (in the following order):

1. HSMP Application Form

2. Academic Qualifications: (For 35 Points Claimed)
a. Original Degree Certificate stating that a Master of Business Administration (MBA) was awarded by "XXXXX"

3. Previous Earnings – Salaried Employment: (For 25 Points Claimed)
I have claimed 25 points for the gross income (INR 460,219 or about GBP 5,402) earned by me from 27th Sep 2006 to 31st Mar 2007. As per Annex-C of HSMP guidelines I am providing the following evidences.
a. Income Tax Return (ITR) for the financial year 2006-07. Actual employment/earning period covered under the ITR was 27th Sep 2006 to 31st Mar 2007. The total earning for the period was INR 462,418, which includes cash salary earnings of INR 460,219 and other salary perquisites of INR 2,199. I am claiming a salaried earning of INR 460,219, as further substantiated by my wage slips.
b. Wage Slips from Oct-2006 to 30-April-2007 (covering the entire amount mentioned in IT return)
c. Banks Statements for the period 01-Oct-2006 to 10-May-2007
d. Form 16 – Certificate of earning from my employer

4. Age Assessment: (For 20 Points Claimed)
a. Driving License

5. English Language:
a. Original IELTS TRF Overall Band Score 8.5

Total Points Claimed – 80 Points

In addition to the above-mentioned documents, I am enclosing a copy of your decision regarding my previous HSMP application. My previous application (Your Ref 222XXX) was awarded 80 points but was unsuccessful, as my TOEFL transcript could not satisfy the English language criteria. I am submitting this application with same set of documents to support my claim for Academic qualification, Previous earning and Age assessment. I am furnishing IELTS TRF (overall band score 8.5) with this application to satisfy the English language criteria.

Further I request you to please inform me on my email (XXX) once a decision has been made. I have arranged a courier pick-up for the same from your office. With this I present my application for your consideration. I look forward to your valuable feedback.

Yours truly,

XXXXXX

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Hi cdraina ..

You are claiming points in previous earnings section for only 6 months period (27 Sep 06-31 Mar 07).

According to guide lines we should claim 12 months out of 15 months.

Regards,

GM

Why was your application refused the first time?

Chicku:
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I had sent a TOEFL score (listening, reading & writing) and HO wanted SPEAKING section score too. Hence wrote IELTS and applying again.


gmhsmp:
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Maximum earning one can show is for a continuous period of 12 months (out of last 15 months). I have been earning since Sep/Oct 06; maximum period that can be covered in my last ITR is 6 months (OCT-MAR). And the earning of these 6 months is giving me enough points to clear the cut off.

So keeping things simple, I am claiming earning for only 6 months.

cdraina
gmhsmp is right I herewith quate pragraph afrom the guidance

We will assess your gross earnings before tax over a total period of up to 12 months out of the 15 months immediately prior to your application. The earnings can be for any 12 month period out of the last 15 months. This applies if you are in salaried or non-salaried employment.

Is there any particular reason why you cannot claim for 12 months and thus supply evidence for 12 months??
If You are out of job at that time you need to provide reason for that and evidence.
Otherwise
there might be a lot of things come to CW mind which might not be in your favour. Just be careful.

gmhsmp wrote:Hi cdraina ..

You are claiming points in previous earnings section for only 6 months period (27 Sep 06-31 Mar 07).

According to guide lines we should claim 12 months out of 15 months.

Regards,

GM

wish you luck this time cdraina~

one can claim UPTO 12 months but not more.
it must be 15 months - i repeat - 15 months immediately prior to the application.
so it can be 6 months and theres no need to give an explanation to this, not required.

keep it simple

cdraina you thru this time

pantaiema wrote:cdraina
gmhsmp is right I herewith quate pragraph afrom the guidance

We will assess your gross earnings before tax over a total period of up to 12 months out of the 15 months immediately prior to your application. The earnings can be for any 12 month period out of the last 15 months. This applies if you are in salaried or non-salaried employment.

Is there any particular reason why you cannot claim for 12 months and thus supply evidence for 12 months??
If You are out of job at that time you need to provide reason for that and evidence.
Otherwise
there might be a lot of things come to CW mind which might not be in your favour. Just be careful.

gmhsmp wrote:Hi cdraina ..

You are claiming points in previous earnings section for only 6 months period (27 Sep 06-31 Mar 07).

According to guide lines we should claim 12 months out of 15 months.

Regards,

GM

"~J~"

You mean you could pick any 6 months out of 15 months period ?. I do not think so. Just to remind that the period of 12 months should be continuous. You could not just pick any of the months you like. I have seen rejection based on this.

But indeed people could claim a contnious period of less than 12 months. I have seen approval case before the new guidance is issued. But if you want to make sure provide reason and evidence why you could not supply the continous evidence of 12 months. If U do not provide reasons for this the might think U r hiding something. There are a lot of things which might come to CW mind.

People might be oput of job during this continuous period which is a very valid reason. But some people might do for other reason such as tax evasion, deliberately avoid this evidences during the absent period for invalid reason.

In extreme case People might qualify fot the earning criteria by supplying 1 month. and do the tax evasion for the rest of it ? Also it is a common sense to believe that the case with 12 months evidence will look more genuine with a case of only 1 month evidence.

This could come to CW mind. If the people in this forum could see this than the CW is defenitely could as they have this on everyday basis.

cdraina please do not get it in the wrong way. It is just to highlight the reason why people need to provide reason if they can not supply 12 months evidence. This is just to make sure you are through this time and to differentiaate your case with the case that I have mentioned before. You have a very strong case of approval if you are cautious.

~J~ wrote:one can claim UPTO 12 months but not more.
it must be 15 months - i repeat - 15 months immediately prior to the application.
so it can be 6 months and theres no need to give an explanation to this, not required.

keep it simple

cdraina you thru this time

pantaiema wrote:cdraina
gmhsmp is right I herewith quate pragraph afrom the guidance

We will assess your gross earnings before tax over a total period of up to 12 months out of the 15 months immediately prior to your application. The earnings can be for any 12 month period out of the last 15 months. This applies if you are in salaried or non-salaried employment.

Is there any particular reason why you cannot claim for 12 months and thus supply evidence for 12 months??
If You are out of job at that time you need to provide reason for that and evidence.
Otherwise
there might be a lot of things come to CW mind which might not be in your favour. Just be careful.

gmhsmp wrote:Hi cdraina ..

You are claiming points in previous earnings section for only 6 months period (27 Sep 06-31 Mar 07).

According to guide lines we should claim 12 months out of 15 months.

Regards,

GM

Dear pantaiema!

Please dont jump the gun and assume things as i never mentioned that one can pick any 6 months.

Hi CDraina..

Pantaiema is right.

Submit 12 months evidence , dont think differently.

Read the guide lines regarding previous earnings one more time.

CHEERS

GM

Hi ,

I also agree with pantaiema, 200%.!!

You must need to submit slips for continuous period of 12 months. Have look again at the HSMP Guidance from HO website...

Regards,
S.I

Thanks guys!

In my previous application I was awarded 80 points for the same papers (6 months salary) and was rejected due to english language criteria.

Now I have sent same papers with IELTS score. i have also attached their previous decision with the current application.

So I am hopeful that 6 months thing won't be an issue this time. But one can't assume things, so fingers crossed!

Status Update:

Oct 1: App reached HO
Oct 1: Money debited from my account

Waiting for the reference number