WP Holder - In country application rejected

nssdesikan · Post by **nssdesikan** » Tue May 01, 2007 10:56 pm

Hi Seniors, Can you please help me for the appeal.
Here is my case.
I am working for an indian company. My salary is credited in India. I came to UK in 24th Dec 2006 and getting an allowance here in UK.
I have applied for HSMP in country application. My application has been refused citing the following explanation.
I am just writing whatever written in the refusal letter. Your help will be highly appreciated. I have claimed my points through the Indian salary

You stated an income of Â£15046 earned during the period 1 April 2006 to 31st March 2007, whilst in India.

The HSMP guidance states, if you are living and working in a country but having your income paid into a bank account in another country, your income will be considered against the country code where you are living and working.

The application form shows that you are a work permit holder with an address in United Kingdom

Therefor, in this case, your earnings have been assessed against the income band for the United Kingdom

The evidence you have supplied shows that you earned Rs 1,308,966 which converts to Â£15,618.2

The amount demonstrated falls below the minimum threshold of Â£16000 for Band A

In line with the published guidance, no points have been awarded

Though i am living in the UK at this moment, they should have considered my Indian salary with Band D - India where i stayed majority of 12 months. Hence can anyone help me in presenting my case strong to the HSMP team.

Regards,
Desikan

nssdesikan · Post by **nssdesikan** » Wed May 02, 2007 8:02 am

Seems no one interested?

nssdesikan · Post by **nssdesikan** » Thu May 03, 2007 11:28 am

Seniors, its very urgent, can any one help me in this regard

makon · Post by **makon** » Thu May 03, 2007 9:05 pm

how many of the 12 months did u spend in india and how many did u spend in the UK?

nssdesikan · Post by **nssdesikan** » Thu May 03, 2007 9:16 pm

Thank you for the reply.

I was in india from 1st April 2006 to 24th Dec 2006. I am in UK since. I have applied for HSMP on the 16th April 2007. The period i have shown was between 1st April 2006 to 31st March 2007.

rg1 · Post by **rg1** » Thu May 03, 2007 9:25 pm

Unfortunately, many Indian IT comapanies pays allowance instead of salary in UK. These incomes can't be used for HSMP as they don't attract taxes.

makon · Post by **makon** » Thu May 03, 2007 10:14 pm

that means u spent 8 months in India, Let's assume your earnings in India from Ap 06 - Dec 06 (8 Months) = Rs Y

Based on HSMP guidance, ur earnings should be calculated thus:

Y Divided by 8 Months multiplied by 12 = Rs X

Convert Rs X to pounds and then claim points based on that. If X 9after converting to pounds) would have given you enough points for HSMP Approval then apply for review. The period u spent in UK would not be considered based on what the guidance said because u spent most of the time in India! To fully understand what the HSMP Guidance says about people who have worked in two countries, read the Earnings Section of the guidance.

gd luck

nssdesikan · Post by **nssdesikan** » Thu May 03, 2007 11:58 pm

Thank you all.
I am getting enough points with Y*12/8 rule.
Yes, I did go through the earning section and understand the rules for the people working in 2 countries during the 12 month period.
However i need to know whether just 10-20 lines of explanation will do or do i need to narrate a story to satisfy the HSMP case workers. It would be great, If you have come across any such case and if you can provide me a sample review letter.
Thanks a lot again.

makon · Post by **makon** » Fri May 04, 2007 8:47 am

what you then need to do is to apply for a review. in the review letter quote what the guidance says.

you can say:

According to Annex C, Page 25 of the HSMP Guidance (01/07), it says and I quote: " <copy the entire section that applies to ur case here>"

then in another paragraph, u can say:

Based on the above, my earnings therefore equals (Y*12)/8 and this justifies my claim of <state num of points> in the earnings category. I therefore believe that the case worker erred in refusing my application and I am hereby requesting for this decision to be reversed.

nssdesikan · Post by **nssdesikan** » Fri May 04, 2007 9:12 pm

Thank you very much makon.

Can any one applied for appeal and successful, post their appeal letter please.

nssdesikan · Post by **nssdesikan** » Mon May 07, 2007 11:24 pm

All,
Thank you for the responses. One of my friends friend also got the refusal for the same problem. However in case he stayed for more than 6 months in UK that is
she applied for HSMP for the period April 2006 to March 2006.
She was in UK from Jan 2006 to Nov 2006
Returned to Malaysia and stayed in Malaysia between Dec 2006 to Feb 2007.

As she stayed in UK for 8 months, what HSMP team calculated was correct.

However she wants to know
01. Whether she can appeal saying she stayed more time in Malaysia
02. If she appeals, can the HSMP team find this and do anything with her current leave in Work Permit?

nssdesikan · Post by **nssdesikan** » Wed May 09, 2007 12:36 pm

Any reply for this please.

nssdesikan · Post by **nssdesikan** » Thu May 17, 2007 12:22 am

Any reply?

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WP Holder - In country application rejected

WP Holder - In country application rejected