HELP! HSMP Rejected

[J from Oz]

Hi All Experts,
Can you PLEASE help me with the following:

I just received my letter from HO stating they have refused my HSMP application on several grounds.I am seeking a review as I believe the evidence I submitted is sufficient. I am very disappointed.


1) PREVIOUS EARNINGS
Rejected because:
2 pieces of evidence do not corroborate each other
No tax return was provided.


--> I sent them 12 mths of payslips and bank statements.
I highlighted in the bank statements where my pay was made into the account each fortnight.
I didn't highlight the NET amount on the payslips as I thought they would be able to read the payslip and see that the net pay on the payslip corresponds to the payment made into my Bank account.

Question: In my reconsideration/ review, should i assist them on how to read the payslips [ie. point out that there is a GROSS amount, a TAX amount, a NET amount. The NET amount corroborates with the Bank statements].
Is this what people need to do when they apply?





2) AGE ASSESSMENT
Rejected because:
Unsatisfactory evidence/reasons provided to support the claim for exceptional consideration.


--> My reason for sending a notorised copy of my passport rather than my original birth certificate or license was:
"I cannot send my original birth certificate or full driving license as 1) I was not issued with a birth certificate when I was born, as the local village in Vietnam did not give them (as per passport).
2. WHile I need my drivers license for driving here in Australia"

Question: What am I suppose to do here? What do i need to say for them to believe me and accepted my notorised passport?
I was born in vietnam and left to go to Australia when i was 2 months, my parents did not receive a birth certificate. DO i have to get some newspaper clippings to prove this??


3) ENGLISH LANGUAGE REQUIREMENT
Rejected because:
Insufficient evidence was supplied to indicate the qualification was taught in English


--> I sent them an letter from the University of New South Wales. It is an Award Statement, stating my student details, the degree details, graduation details, and at the back it states that "The language of tuition at UNSW is English" [which means all degrees taught at the university is taught in English].
Signed by the Deputy Vice-Chancellor and on letterhead.

It is a very reputatable university.The university stated that the award statement was enough and I also emailed the HSMP team and they said it was enough evidence. I also sent them this email as supporting evidence. Yet they still rejected it.

There are contact details on the letter, why didn't they contact then to confirm?





OVERALL QUESTIONS
Do they have photocopies of my application and evidence?
DO i need to send anything for my reconsideration?
Any tips when applying for a reconsideration /review?


Sorry for such a long post. I need as much help as i can get as I gave them everything they required, yet it looks like it was not enough

Many thanks for you help!!
J from Oz

[freebirds]

u have raiseda good point...do we have to tell the hsmp team how to read the pay slip...
i would attach a photocopy of the payslip and would write everything on it..
how to find what where...
in my case, i applied for NARIC. my degree cergti also shows he was admitted to the degree..it doesnt say awareded..bla bla ..anyways i have naric..

[nnj10]

Is it really possible to explain

"How to read Bank statement or salary slips".
Can we specify all such details in the cover letter?
If we do so, our cover letter itself would become undreadable.

I have total 30 payslips for 12 months period and 30 bank deposits for the slary. I have not highlighted anything on the bank statement, instead mentioned in the cover letter that the salary deposit can be found by the corresponding date on the salary slips. The bank statement is spnning total 7 pages, they can easily get the details by transaction date and reference like salary deposit/Allowance credit etc.

Hope this should be enough to explain the salary earnings.

NNJ10

[Jk2007]

J from Oz,

What was the period of earnings you claimed? Did you provide the reason why you did not provide Tax Return? From which country are you applying? Did you attach any covering letter?

[webhunter]

Sorry to hear about the rejection.

I am sorry to say, but since the rejection was on 3 grouds (age/salary/english language), it is highly unlikely that an appeal would succeed. [ Usually appeals have a very less rate of success and that considering the rejection was only on one ground ].

If you have ample time (it may take up to 30 days), please go for the appeal. [OR] Just go for a fresh application. However, I would suggest that you take the help of a HSMP expert the next time you apply.

I can see reasons why they have not given points for age and salary. However, i fail to understand why they did'nt consider the English Language requirement. What exactly was mentioned on the letter. You said something was mentioned on the 'back', was the letter so big that it had to be written on more than one page?

[Jk2007]

nnj10

Payslips usually show the net payment received by you for each payment period. This payment might be after all deductions. If this net payment matches with the credits made into your bank account, the no problem.

Problems might arise if someone is relying on gross payments (before tax) rather than net payment. In this case, the HO needs to arrive at the gross by adding the net payment with the taxes deducted. Things may get more complicated if you had to add other allowances, which may or may not be acceptable as earning.

It is definitely a good idea to explain all these things in the covering letter. It is your resposnbility to explain how you calculated your earnings. It is risky to make the assumption that HO might view it in the same way you expect them to view.

[paramjit2k]

Hi

This is just another case of ignorance from the HO.

Sorry to hear ur result. But life is to move ahead.

Some suggestions

1. u cannot send addtional proofs with review.
2. They have photocopies of all docs u sent.
3. Explain them How did u calculate ur salary, all the arithmetic, how did u arrived at gross figure every month , then total gross salary…
4. Well nothing much u can do in Age assessment as u have already provided the exceptions reasons, but still asset them what was real problem, in more detailed manner…
5. Finally, I guess they didn’t read backside of letter, tell them it is writen on back side (LAZY PEOPLE)

Hope it helps

[J from Oz]

Thanks everyone for your responses. Here are my return comments:

freebirds - Thanks. Yah I had a letter from NARIC too.

nnj10 - The more detail you tell them, the better. I've learnt my lesson.

Jk2007 - The period of earnings claimed was Nov 2005 to Nov 2006. OUt tax system here has tax refund done from June 2005 to June 2006. I would missing the period July, Aug, Sept, OCt, Nov 2006.
Do you think I should still submit my tax return? I'm applying from Australia.
I didn't attach a cover letter, but i did write a page of explanation in each section detailing how why there are two salaries [ ie. I got a payrise in July].


webhunter - Thanks. Do you think it wont have a successful review? It's a real shame. I'll try for a review but see how i go. The fact that they can't read the payslips and bank statement is an error/ incompetence on their part. What type of people do they employ if they can find the NET amount?

What extra help does an expert give you? My friend used an expert and her application failed too. Then she had to re-submit another one.

For the English requirement, the university gave me a standard letter, which detailed my student and degree details. It was on an official letter which has on the back "The language of tuition at UNSW is English".

I don't know if they even bothered looking at the back? I used a huge "post it" note and a arrow pointing at it. It was

You mentioned: "I can see reasons why they have not given points for age and salary."
Can you clarify what went wrong here?
THey asked for a notarised copy of the passport, which they received, yet they refused awarding the points on the grounds that the reason for not submitting a birth certificate was inadequate. So i didn't provide enough evidence that i couldn't provide the original evidence?

With the salary, the payslips show the following amounts in a clear, legible format.
GROSS, TAX, NET.
All the case worker had to do was look at the NET amount and match that with the bank statement. Do they even try doing that or do they dismiss it as too hard? [I would think it was part of their job?]. DO we need to match it up for them in a spreadsheet?



Can you help me with this one:
What salary do I declare if i have an original salary for Nov 05-June 06 [period A], then I get a payrise in July 06 [period B], say a $2000 increase.
I quoted the original salary [A], to keep things easier and it gave me enough points.
Or do I need to calculate the exact amount i got paid during Period A + B?



paramjit2k - Thanks for your tips. Yah i will be moving on. My wallet will be AUD $800 lighter. If they are going to charge me $800, they should at least take the time and do their job correctly. It's a rort how they can charge people so much and not provide a proper service. That's why I'm reluctant to pay another 315 pounds. Where is the guarantee that they will do their job?

[webhunter]

You mentioned: "I can see reasons why they have not given points for age and salary."
Can you clarify what went wrong here?
THey asked for a notarised copy of the passport, which they received, yet they refused awarding the points on the grounds that the reason for not submitting a birth certificate was inadequate. So i didn't provide enough evidence that i couldn't provide the original evidence?

With the salary, the payslips show the following amounts in a clear, legible format.
GROSS, TAX, NET.
All the case worker had to do was look at the NET amount and match that with the bank statement. Do they even try doing that or do they dismiss it as too hard? [I would think it was part of their job?]. DO we need to match it up for them in a spreadsheet?

Can you help me with this one:
What salary do I declare if i have an original salary for Nov 05-June 06 [period A], then I get a payrise in July 06 [period B], say a $2000 increase.
I quoted the original salary [A], to keep things easier and it gave me enough points.
Or do I need to calculate the exact amount i got paid during Period A + B?

Hi Oz, The reasons I can see for the rejection of age and salary are:
Age: You must submit the original passport ( forget about the fact that notarised copies are allowed, I have seen several cases where Age proof was not considered unless the original passport was submitted with the application)
Salary: In the claimed period, even if atleast one month falls into a valid tax year (since you claimed for 12 months, it should have), then you must submit the tax returns for the previous year, along with the payslips and bank statements for the entire period.

If they ask you the current net salary, i would imagine it should be what you are currently earning (does'nt matter what you were earning two months ago).

[J from Oz]

Hi webhunter,
AGE - The guide clearly states that the original passports should not be sent. Where are you reading otherwise?
I've decided to submit my drivers license and be a hermit during the time the license is overseas.

SALARY - The guide states that it will consider "gross earnings before tax". Will they be smart enough to work out that they can see the 1) gross earnings on the payslip, 2) net earnings on the payslip and 3) the net earnings is what is paid into my bank account?


TAX - when they ask about Tax Return documents, do they mean the one created by an accountant [called a Tax Refund] or one from the Australian Tax Office [called Tax Refund "Assessment"] ?

thanks for you help webhunter!

Do you currently work in the UK? Do you hold an HSMP?
what is your experience like? [relating to the entire process]?

[webhunter]

Firstly, my advice is not from a book or a form . If you just go by the book, then 90% of the rejections would be invalid.

In other words, my advice is based on seeing other cases and making the case as fool-proof as possible.

yes, i am in the UK on a HSMP. I am due for an extension application in a couple of weeks. However, I am handing my case to an expert.

I dont want to do the hard-work you see

[J from Oz]

I can only base my information on the HSMP Guide which they publish. If that is not reliable then I'm doomed.

How do you get to see other peoples cases? purely on the testimonies on this forum?

Yes i would recommend an expert, if you can afford it, seeing that by reading the guide and following their instructions is not enough.
Doing it yourself or getting and expert, both are expensive options.
Well you are earning the mighty pound now, so you should be alright

Did u have any answers to my other questions in the previous post?

[webhunter]

Drivers license? I dont know really, whether or not this will do fine.

Are they smart? I suppose so. I think they will just try to make the best from what we have provided.

Which Tax Document? From the Govt is better.

From what ever you finally conclude after all the discussions, you may want to write an email to the Workpermits team and check with them if it is fine. Sometimes, they really give nice and meaningful replies.

Good luck.

[paramjit2k]

Hi Oz, The reasons I can see for the rejection of age and salary are:
Age: You must submit the original passport ( forget about the fact that notarised copies are allowed, I have seen several cases where Age proof was not considered unless the original passport was submitted with the application)

WEBHUNTER NO NEED TO SEND THE ORIGINAL PASSPORT, IF U R TALKING OF THIS FORUM, THEN WHICH CASE U R TALKING ABOUT WHERE SOMEONE SENT THE ORIGINAL PASSPORT, I HAVE SEEN MORE THEN 100 NOW, DIDNT FOUND ANYONE SENDING ORIGINAL PASSPORT.



.

[webhunter]

, ok let me clarify again, the fact that i said, send the original passport, if you can, is not based on an application form or guidance notes. So please dont panic.

There might be many cases where people have got points for age with notarised copies of passport , but have seen several people complaning that they did not get points for ages, by submitting some evidence or the other (even including notarised copies of passports). To avoid the confusion, and to be 300% sure, I suggested to send the passport.

Let me take my own case. I seeked an experts help an year ago for my initial application. He asked me to submit the passport. I argued with him saying that there is no need for the original passport (based on what is written on the guidance notes), but he only told me one thing. If you can , you should. So i kept quite and submitted it.

I hope that clarifies my earlier comments.

[paramjit2k]

, ok let me clarify again, the fact that i said, send the original passport, if you can, is not based on an application form or guidance notes. So please dont panic.

Nobody is panic, I m into this forum from 3-4 months, before that i have spent 4-5 months just to get the required things right, but rules got chnaged and now i m appliying under new rules..

So as per my exp and knowledge, it is not required.

I request other exp people / moderator to comment on this.

[webhunter]

Hi paramjit, With all due respect 'the word panic' was not meant for you. It is for those who may read later and worry that they have'nt submitted the passport.

It appears that you have'nt got the essence of my reply. Sorry for my poor wording. Let me try and re-phrase it in simple terms.

It is not required to send the passport, however, if you are in doubt of what is a valid age proof, it is better to send the passport.

[Jk2007]

I think originally when HSMP scheme was introduced, it was mandatory to provide passport, and this appears to have been removed as a requirement when applicats applying outside UK had problems in sending passport by post. For example, Indian Pasport rules say that it is against the law to send passports by post. For people on the travel, this caused additional problems, since the passport may contain many valid visas, and if HO did not return the passports early.

I agree with the Webhunter's suggestion that it may be useful to provide the passports, if you can, taking into account the risks associated with this. In country applicants applying for HSMP extension do send the passports by post anyway.