HSMP Approved EC refused

Hi Guys,
I have been following this forum for long and I have myself become an exceptional case of Immigration to UK:

HSMP:
Applied on 10 Sep via DHL
Fee debited on 13 Sep Aug
Approved on 18 Sep
Recived back on 20 Sep.

Pretty fast till here....i used an consultant too.I was very happy and optimistic unitll......

Applied for EC on 25 Sep
EC rejected on 8 Oct!

Reason for EC refusal as stated by BHC New delhi:

"The 30 points you have claimed for HSMP is not in accordance with your tax reurns and salary.It seems you have increased th salary figure! "

They are in effect refuting their own authority!

I would say here something: I am a salaried guy who would not put his bets on HSMP unitll i am too sure of it.All my TAX returns are normal...i also have a consultant by my side.

I am to say the least...SHOCKED!have lost all hope in the BHC and the entire system.
I need all the prayers that i can get ....fings crossed.
I submitted by Visa for review...day before yesterday.

Let me know if any of you had a similar disheartenig experience

For the money and time that i wasted....i would not want any of you to have a similar experience.

hence am here to help all your queries...
if i am delayed please shoot a mail to
ashutosh.bhatt@bankofamerica.com

A client of mine had his entry clearance refused because the ECO said his degree certificate was a forgery. The reason for this - because it was not in a good state of repair and not of the high quality they would expect of a degree certificate. Well, it wouldn't be, would it? It had been sent from Pakistan to London, to Durham, to Croydon, back to London, then back to Pakistan! It had got a bit battered in the post, quite naturally.

I appealled, and they altered their decision ONE WEEK before we were due in court, which was six months after the the refusal came. And we then had to wait for a new HSMP certificate to be printed, because the old one was out of date, and that took about three weeks, so my client finally came to the UK around 12 months after his initial application.

These people are morons, and you are not alone in your problems. I wish you all the best.

Victoria

Hey Ashutosh,
Very sorry to hear that EC got rejected. As you said the money you spent is always at risk of losing. Wish your review is successfull. But I have heared review takes quite some time & people suggest to make fresh application.

I am planning to apply for EC soon. Mine is also almost on similar dates as you had mentioned. I have one question. Did you use tax document ( if so i guess you would have used ITR ack, the new form) & form16 for matching your gross salary in sal slips. Or did you use bank statment and letter from employer? I used bank statment and letter from employer. So just trying see if mine also is a similar case like you, so that I could take some precautions.

Thank You.

[quote="hsmphsmp"]Hey Ashutosh,
Very sorry to hear that EC got rejected. As you said the money you spent is always at risk of losing. Wish your review is successfull. But I have heared review takes quite some time & people suggest to make fresh application.

I am planning to apply for EC soon. Mine is also almost on similar dates as you had mentioned. I have one question. Did you use tax document ( if so i guess you would have used ITR ack, the new form) & form16 for matching your gross salary in sal slips. Or did you use bank statment and letter from employer? I used bank statment and letter from employer. So just trying see if mine also is a similar case like you, so that I could take some precautions.

Thank You.[/quote]


NO ...it dosnt take much time for review...officially it takes 21 days...but you cn have it before that...99% chances.
moreover i did used the ITR with ack form5 all stamped and original.
I do not know what they wanted?

I should have said that the point of my post was that if your documents are correct and the ECO has made a mistake then it WILL be reversed, even if you have to get someone to go to court for you. It may take time, but it will be overturned.

Victoria

[quote="ashutoshbhatt"][quote="hsmphsmp"]Hey Ashutosh,
Very sorry to hear that EC got rejected. As you said the money you spent is always at risk of losing. Wish your review is successfull. But I have heared review takes quite some time & people suggest to make fresh application.

I am planning to apply for EC soon. Mine is also almost on similar dates as you had mentioned. I have one question. Did you use tax document ( if so i guess you would have used ITR ack, the new form) & form16 for matching your gross salary in sal slips. Or did you use bank statment and letter from employer? I used bank statment and letter from employer. So just trying see if mine also is a similar case like you, so that I could take some precautions.

Thank You.[/quote]


NO ...it dosnt take much time for review...officially it takes 21 days...but you cn have it before that...99% chances.
moreover i did used the ITR with ack form5 all stamped and original.
I do not know what they wanted?[/quote]




Hey Ashutosh,
Will you be able to elloborate the claim period, was it between april06 to march07. If not you should have submitted exceptional evidence in the form of bank statement or letter from employer. Becuase they will need 2 piece of evidence for entire length of claimed period.

Moreover you have to submit every piece of document that you had submitted for HSMP for getting EC. Rule says so.

hsmphsmp wrote:Moreover you have to submit every piece of document that you had submitted for HSMP for getting EC. Rule says so.

I have done that already...i have submitted payslip for "Tax not payed period" and everything else....thats why i got my hsmp right?

So why do these people now have a prroblem....?

If they have any they should ask the HSMP people....

by the way where do you find a list of docs to be submitted to the BHC for EC?

VictoriaS wrote:I should have said that the point of my post was that if your documents are correct and the ECO has made a mistake then it WILL be reversed, even if you have to get someone to go to court for you. It may take time, but it will be overturned.

Victoria

thanks for reassring me....but i can not afford to take the AIT route...
i already have an offer from UK,and i guess in all probabilities they shall not wait this long for me!
I promised them this end of this year...butttt things have become grim.

http://www.britishhighcommission.gov.uk ... 7170902275

Thsi location has a HSMP points pro forma (DOC, 71.0KB) which says u need to submit all the documents that you submitted to HSMP team.


http://www.bia.homeoffice.gov.uk/6353/1 ... ?version=1

This is the guidance document, under eviudence for salaried persons it says,

Salaried Employment 45. If you are claiming points that relate to salaried employment (including part-time; temporary; short-term or consultancy work) then you will need to provide two pieces of evidence to support the earnings for which you are claiming points. The two pieces of evidence provided must be consistent with, and corroborate, each other for the full period claimed.

48. Your income tax return. If the tax year does not cover the full period claimed other corroborating evidence is required for the period(s) not covered. Self-assessment tax documents are not accepted, as they are not independent;

50. If your income tax return does not cover the entire period claimed, then you should provide either or both of the following: • Your bank statements covering the period claimed for; • A letter from your employer on company headed paper, stating your salary. The letter should confirm that you have received the salary stated for the earnings period claimed.



These are the reasons I asked you whether you submitted bank statements/ employee letter.

by the way where do you find a list of docs to be submitted to the BHC for EC?[img]
[/img]

There is no such official list. Only thing it mentions mandatory is all documents submitted for getting HSMP + whatever that is needed for getting the visa thru. This all depends on how the visa officer asesess and feels comfortable about the application and supporting documents. There is not hard and fast rule.

BTW, the visa officer has complete authority to reject the application if he feels it is not satisfcatory, even if the HSMP team or any other british govt body has previously verified the same list of documents. Ifnfact if you read the guidelines it says for review of rejected HSMP application, it is not that alaready awarded points are confirmed, they can scrutanise the whole application again and reject even previosul awarded points. Sorry...Not trying hurt..just stating the fact as it is I know.

to restate payslip alone is not enof for periods for which the IT returns do not cover. Bank statement or letter from employer is a must.

hsmphsmp wrote:to restate payslip alone is not enof for periods for which the IT returns do not cover. Bank statement or letter from employer is a must.

I submitted both..payslip..bank statement!

hmmmm that is really strange....I am too worried now :-) unless the tax document mentions an amount quite largely different from gross salary you have claimed...Did you submit form16...because in the current ITR form you can only mention net amount after deductions....the visa office might have compared that amount and your gross pay before the tax...and both will differ quite largely...form16 will clarify that doubt... also the salary slip should show the income tax deductions.... anyway I wish your review to go successful.

@ashutoshbhatt, @hsmphsmp

Breath taking thread this is also i am quite alarmed now since my EC is no the process already. now am preparing my mind for anything after seeing this.

I am already quite unhappy with this BHC & its mondane processes, now this type of rejections make one feel to stay away from HSMP altogether.

I duno wt went wrong for you, but seems everything is in place. Also the comments for rejectin is Very Harsh and straight forward.

Now then you have decided for review, it might take lot of time this is known and people have experienced this.

Finally i myslef cant digest, how the EC can be rejected stating the points was awarded wrongly earlier?

Does it not resemble like our high court decisions getting ruled out by Supreme courts?



Cheers
ikon

what da hell wrong with this british morons? no wonder when some one is stupid we call him a " BRITISH" in my country. if the high comission MORONS need to allocate point all over again then what is the point of paying 400 and send it to HO for initial approval? why not we simply submit our application to high commision and these morons decide it for themselves? it doesn't make sence at all that after approval they are cheking all these again? i think its nothing but make life harder and getting no refundable 400 pounds... sick morons BRITISH...........

I fully agree and believe with this.
What I always believe if I am completely honest and somebody have put a malign charge to me I will fight for it and prove it that they have made a mistake.

For the case of degree certificate it is very easy to prove, since they are dealing with highly respected institutuion. Most of universities will defenitely keep records of their alumni.

VictoriaS wrote:I should have said that the point of my post was that if your documents are correct and the ECO has made a mistake then it WILL be reversed, even if you have to get someone to go to court for you. It may take time, but it will be overturned.

Victoria

nionlight
People including the CW/BHC could make a mistake. Therefore they give you the chance to appeal. And your case will be assssed by more senior CW.

But also remember the other side of the argument. The CWs have found fraudulent documents or the documents which are acquired by deception from some applicants.

nionlight wrote:what da hell wrong with this british morons? no wonder when some one is stupid we call him a " BRITISH" in my country. if the high comission MORONS need to allocate point all over again then what is the point of paying 400 and send it to HO for initial approval? why not we simply submit our application to high commision and these morons decide it for themselves? it doesn't make sence at all that after approval they are cheking all these again? i think its nothing but make life harder and getting no refundable 400 pounds... sick morons BRITISH...........

@pantaiema

Its so encouraging to see your comments inline with our feelings. Here as you said we can always fight them on their decision. But TIME worries the most. the direct consequences we might face once a EC goes down

1) High hopes on EC since we already got the initial approval wil be trashed
2) the concenrattion in current company will alrady be in lapse since we might plan to leave it soon
3) Money whioch might have been borrowd
4) The hype we wud have created with friends/parents abt the travel as soon as we got the initial approval thikg tat the EC will be a formal walk thtrough etc
5) EC Review - REAL PAIN has to be dealt with

My God the list wil go on & on.... I will be happy if had stayed away from this HSMP.honest words.

I will not tell anyone to come in to this viscious circle and if u can see this forum how many of them got initial approvals..But at the same time, how many of them had posted here that they got EC without any hassles??? very few. the next step how many of them travelled soon after EC??? very few..hwo many of them got settled wel or got job??? no answers..

Too emotional at this point. I am yet to get my EC which is progress from Sep 26th. I have to wait if i stand by this post or prove my criticism is wrong on BHC.

All de best for others...

Cheers
ikon

An Update: Embassy visit today...i came back an hour back!

I went in again...with a printout of the HSMP official guidance form....which i have by now..learnt by heart..i had marked out the portions which pertianed to previous income/Tax(they raised a question upon these points).....i was ready to fire them for not following the rule that THEY have laid down!
I wanted to talk to an ECO so that i could explaint.as i believe they are indeed nitwits.

But the lady at the counter number 16 said "
Sir,we have a procedure,your case was forwarded to a case worker,and their is no way you can talk to an ECO! I no ways we could help,you SHOULD wait"

These guys say on their site,that "provide all papers as they do not want to bother the applicant by calling for an interview....."
AND here i am ....i am bothered and i want to be called in for an interview!They wont listen.

I do not wish to re-apply...i need to have my right and i cant take this capitialist-moronic-discrimination any more.
I am ready to wait for the AIT to QUASH their claims.

Finally it had to happen...I have been approved the VISA
I am flying in Jan ...gtg packing...thanks all of you folks.keep it up

congrats ashutosh. Its been a long wait for you. I was not a member of the forum then, but I can see you went through a horrible ordeal.

Anyways good luck for your future.

[quote][/quote]

Congrats on your EC. Have been following your posts and understand the ordeal you went through

Dear Mr. Ashutosh Bhatt,

Congratulations on your Visa after appeal.

Can you please, please, please post what you wrote in your appeal.

Especially, please, please, please, please tell which "Grounds" e.g. Human rights, beloved, assylum etc. did you select in your AIT2 form.

Regards,

SHK