HSMP Refusal Letter - Please help!!

[Charlie999]

Hello everyone,

I am after some advice from anyone who may have been thru something similar to my own.

On the 6th September 2007 I received notification that my application for the Highly Skilled Migrant Programme had been refused on the basis that I had only achieved 70 points out of the necessary 75 to qualify.

I was successful on all areas of the application except the Previous Earnings Category. I had claimed 20 points and was only awarded 15, on the basis of the following reasons stated in your letter:

• If you are claiming points that relate to salaried employment 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 must be consistent with, and corroborate, each other for the full period claimed. We were therefore unable to consider the employer evidence as it did not confirm the actual earned income for the full period claimed. Furthermore the payslip for September 2006 shows a net salary of £xxxx where as the bank statement shows £xxxx
• In line with published guidance, 15 points have been awarded for the payslips we could corroborate with the bank statements.

My question for everyone is this:

When I submit my review request letter am I able to get a letter from my employer stating my actual earnings? The letter from my previous employer which I sent to the HO stated my annual salary of xxxx however it didnt have my actual earnings for the 4 months - I had worked for this employer for 4 months and the employer letter stated this. I had the payslips for the 4 months signed off by them however the 1st one that went into my bank account was £300 different to my payslip so they had an issue with this (The reason for this was that the employer loaned me 300 before my first payday and then took it out of the money put into my account, hence the difference.

I know that they dont want any additional evidence but I am wondering if I put this letter from my employer into the review request can I state that this is a letter of clarification rather than additional evidence will the Home Office be OK with this, or should I just write the review letter without the clarifying letter from my previous employer.

Any help or advice would be much appreciated.

PS: Is there any point in getting an immigration lawyer to write the review letter for me???

Regards,
C.

[MyHSMPApplication]

I am after some advice from anyone who may have been thru something similar to my own.

On the 6th September 2007 I received notification that my application for the Highly Skilled Migrant Programme had been refused on the basis that I had only achieved 70 points out of the necessary 75 to qualify.

I was successful on all areas of the application except the Previous Earnings Category. I had claimed 20 points and was only awarded 15, on the basis of the following reasons stated in your letter:

• If you are claiming points that relate to salaried employment 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 must be consistent with, and corroborate, each other for the full period claimed. We were therefore unable to consider the employer evidence as it did not confirm the actual earned income for the full period claimed. Furthermore the payslip for September 2006 shows a net salary of £xxxx where as the bank statement shows £xxxx
• In line with published guidance, 15 points have been awarded for the payslips we could corroborate with the bank statements.

My question for everyone is this:

When I submit my review request letter am I able to get a letter from my employer stating my actual earnings?
The answer to this is NO. You can't submit any new evidence

The letter from my previous employer which I sent to the HO stated my annual salary of xxxx however it didnt have my actual earnings for the 4 months - I had worked for this employer for 4 months and the employer letter stated this. I had the payslips for the 4 months signed off by them however the 1st one that went into my bank account was £300 different to my payslip so they had an issue with this (The reason for this was that the employer loaned me 300 before my first payday and then took it out of the money put into my account, hence the difference.

Did you mention this in your cover letter? Also the guidelines clearly mentions that if case you provide letter from employer, then it should clearly mention the salary received during the claim period. If say your employer letter mentions the annual salary for the previous 12 months, then it should clearly mention that you were employed with the company for the claimed duration.

I know that they dont want any additional evidence but I am wondering if I put this letter from my employer into the review request can I state that this is a letter of clarification rather than additional evidence will the Home Office be OK with this, or should I just write the review letter without the clarifying letter from my previous employer.

Any help or advice would be much appreciated.

PS: Is there any point in getting an immigration lawyer to write the review letter for me???
I don't see any point in getting help from an immigration lawyer

Sr members please comment

Cheers
PG

[Charlie999]

thanks for those comments and advice PG. in answer to your question my employer letter clearly states my claim period and annual salary however it doesnt say the specific earnings that i earnt during this time hence my problem. in the guidance notes i read (and i thought correctly) that all i had to do was mention my salary! obviously i should have put down my actual earnings for my employment period however i thought that putting down my annual salary and including signed and verified payslips would be enough. what can i do now to rectify the situation with the HSMP review panel.

in answer to your first question re the bank account discripancy - no i didnt point this out in the cover letter - the bank statements were included in my application however they werent necessary and now i find that i have included them and the guy who looked at my application had a look at them and found this difference. the ironic thing is that still i get across the income threashold without this extra £300 however as the guidance notes say all evidence submitted has to corroborate what you have submitted.

the tough thing for me is how to effectively explain to the HSMP review panel my earnings from my first employer and getting them to try and verify what i have said......

[Charlie999]

this is the letter which i included in my HSMP application:

to whom it may concern,

i can confirm that Mr xxx xxx was employed by XXX XXX from Aug 21,2006 - December 31,2006. He was on an annual salary of £xxx xxx.

i can also confirm that the payslips from xxx xxx have been verified by myself as financial controller.

if you have any further questions regarding his employment please do not hesitate to contact me on the details below.

regards,

xxx
financial controller

ph
fax
email

PG - this is the copy of the employer letter that i submitted to the HSMP team. as i said i stupidly didnt put down my actual earnings for the period of my employment with the company.

what can i now do to see that the HSMP review team will take this letter as proof of my earnings? as i said, i submitted my payslips that were verified by the financial controller as well but this doesnt satisfy them. i feel very stupid as for all of one sentence it seems as thou i will not get the HSMP visa.

Comments/advice welcome.

Regards,
C

[1971]

Hi,

Do not include any other evidence in your review request. Just explain on you review all the details you have on your payslips and the £300 difference. Also, state it clearly that £300 was collected in advance to meet up with you transportation allowance and upkeep for the month and it was agreed that deductions should be made in arrears when your salary is paid at the end of that month, hence, the difference in your full salary payment for that month.Refer them to your bank statement showing this difference and also your payslips where it was stated.They need 2 evidence to show this. Explain that the 2 corroborating evidences youi should included are (1) Your bank statement and (2) Payslips. Refer them also in 'quote' what the guidance note states and on what paragraph. I know this will help and is enough. I have been in same shoes and appealed and got approval.

If you believe, you can win.

~1971.

[Charlie999]

thankyou 1971 for your advice - it is much appreciated! i will do as you say and hopefully they see that i have earnt the amount claimed and that they grant me the HSMP. I am close to finalising the letter and so your advice will certainly be acted upon in my letter.

cheers,
charlie

[1971]

Charlie999,

Please,dont include any other evidence with your review as it is clearly stated in the Guidance note that 'No documentary evidence should be included in your appeal.' The evidences you have submitted with your intial application will be used for assessment. But explain in simple and coincise terms why the difference. And repeated say that you Bank statement and payslips are the 2 corroborating evidences provided in your initial application and that they should use their good office to treat your case with all fairness and transparency.

I wish you well.

Please,let us know how it goes. This forum will be glad to see you triumph.

You can win,if you believe.
~1971.