Sent before 28yo, waited 1yr, refused as after 28yo

[Feminine manager]

Hello,
I send HSMP application in August 2004, was 28y.o. then. Had to wait until this July and of course, became already 28. They counted my points as 28> category. Is that right? I thought they consider application as at the time of receiving by Home Office.
Any suggestion?
Thanks beforehand for your your replies.

[rella]

According to their own guidance notes, they should have awarded you points for being less than 28.

YOUNG PERSON ASSESSMENT (UNDER 28 YEAR OLDS ONLY)
5.1 A Young Person assessment has been introduced into HSMP in recognition of the greater
potential that young highly skilled individuals have to be active in the labour market for longer.
The designated young person’s assessment involves separate criteria for work experience and
past earnings from the standard HSMP assessment and the award of an age allowance of 5
points. This will apply only to applicants who have yet to reach their 28th birthday when their
HSMP application is received by WP(UK).
5.2 Applicants under 28 years of age should complete the “Application as a Young Person for
Highly Skilled Migrant Status” application form HSMP 1 (28). Those applying on this form should
provide evidence that the application will be received before their 28th birthday. This evidence
should preferably be in the form of a birth certificate, although some other official documents with
your date of birth will be acceptable (for passport or driving licence).


Will you have 65 points if you are awarded your 5 pts for age? If so, I'd get on the phone immediately with the caseworker and have the relavent section of the guidance notes ready to cite.

I quoted from page 4 of the guidance notes that should have been in affect when you applied. I haven't downloaded the latest guidance notes and for all we know, they changed the requirement to time of processing or entry, though that would make absolutely no sense. My guess it that the criteria for age have not changed.

Download the new notes to double-check that, then call them and talk to them. They have no right to penalize you because they took a year to process your application. I can't decide whether they are purposefully trying to make life as difficult for as many people as they can or if they are just plain incompetent or both...

Edited to add that I didn't take into consideration that work experience, earning, etc are different for the less-than-28 group. What exactly does your letter say about points awarded or not awarded?

[rella]

I just checked the new guidance notes and this is what it says.

8.For those under 28 years of age, applying on form HSMP 1(28), a separate young person assessment applies. This is described in full at Annex C and involves separate criteria for work experience and past earnings from the standard HSMP assessment, plus the award of an age allowance of 5 points. It is important to be aware however that, to be eligible for consideration against the young person assessment, your application form must reach Work Permits (UK) before your 28 birthday. Any application received on or after your 28 birthday can no longer be considered under the young person category. As the office that receives the HSMP applications is only open Monday to Friday (8.30 am to 4.30 pm) you should ensure that the application is received on the last working day prior to your 28 birthday.

If your application arrived at the HO while you were still younger than 28, they have to treat it as an under-28.

Good luck. Keep us posted about what they say.

[amhilde]

this happened to me, in a way. I turned 28 on 31 May, and since 30 May was a bank holiday, I had to ensure that it got there on the Friday- the last working day. They emailed me receipt of payment on 31 May, my birthday, and I emailed to check that the application was considered under 28 because it was received at Doncaster, the point of date consideration, on the 27th. ( i had to call to check that too). The acknowledged in a return email that I would be credited with being under 28

You need to check! Do you have the shipping receipts?

[Yinkuze]

I think the caseworker made a mistake in your case, it shoulda been treated as if you were still under 28

my case was even worse and it was treated as under 28

I sent my application 2 weeks to my 28th birthday, my whole application/documents was sent back due to payment problem and got back to me after my 28th birthday.

I sent it again with the correct payment few days leter almost 2 weeks after my 28th birthday and included information that it should be treated as if i was still under 28 since if it werent for the payment problem they wouldnt have sent it back

it was tretaed as under 28

[Feminine manager]

Dear all, thank you so much for all your help.
My friend was in when docs arrived & read it to me on phone, but not completed reading till the very end were age 5 pts added.
I quoted 50 for 2yrs deputy director in a small Co, run it managing 2 people. They replied, that specialist/senior requires high artistic or technical level, gave only 35 pts (+15 education, +5 age).
So now I will have to write PhD or struggle for high salary, or better get married a guy in Britain - 28yo is high time
Anyway thank you all for your support, which is really important in this case; and God bless you!
XXX