Successful Review stories please

[Middo]

Hi - I got my decision in the post yesterday [18 july] just two weeks after I sent in the application (made in country). The decision was a rejection - I claimed 30 points for previous earnings, but they granted me only 25.

The problem stems from me losing one payslip - they apparently add the weekly/monthly totals, rather than look at the year-to-date total. So I ended up the grand sum of £73 less than the 30-point threshold.

Has anyone else had or heard of a similar situation that has been successfully reviewed for an approval?

thanks for any replies.... i'm a bit stressed right now.

Dave

[ikon1400]

Hi Middo,

Sory to hear about your rejection.

First HO wil add the monthy totals & will not consider yearly gross/12

Please put specific details like why it fell short by threshold?

Does you individual payslips puttogther for 12 months don suffice the threshold?

Cheers
ikon

[Middo]

I made the application myself - reading carefully through the guidance notes and everything. My understanding was you needed to have two pieces of evidence - payslips and a tax letter (P60 as i'm in UK), which I had.

I get paid weekly, so I had a lot of pay slips to submit. I had lost one pay slip, but the total earnings still added up to more than £29,000 for 30 points.

They added up the weekly pay for the pay slips I had provided, ignored the total earnings figure, and calculated £28,926.89, which made me about £73 short of receiving 30 points.

I got the points claimed for everything else - age, education etc. But only 25 for earnings left me short of the 75 points needed.

As I see it now, I have no option now but to make a request for review of the decision, and appeal that the total still adds up to more than £29,000 therefore I should get the extra 5 points for a successful application.

Fingers crossed I guess....

[PounceQuick]

The problem is how would you proof that the total is as you claimed? You can't proof that you earn as you claimed by adding up all the earnings based on your payslips & bank statement.

I would imagine that you P60 does not cover the entire period or otherwise you that would be enough.

Also I am assuming that you are mentioning the amount to date as printed on the payslip? This is not enough. You need to have a bullet proof evidence of your earning unless you are earning more than £40,000 in half a year, this way case worker will not care if you lost 6 payslips as 6 payslips would have been enough.

[makon]

i think you should have asked the company that issued the payslip for a letter to cover the missing payslip

[syk]

It seems that your case is borderline, should you lodge an appeal, try to find some evidence that would strenghten your case in addition to just the £73. As Makon said, your company should be able to show that you are in line for a pay rise sooner rather than later. Or maybe if you can add other qualifications and experiences that you did not mention in the original HSMP application.

[Middo]

yes, hindsight is all very good - I should have had an explanation for the missing payslip. I should have got my mail redirected sooner when I moved house, and I should have gone back to check on any mail delivered. The fact is I missed it, didn't think of it, didn't think it would be a problem, and now have been refused so I have to deal with the future and not the what ifs or what might have beens.

My view is the bare facts of the total on the p60, plus the evidence of the "gross taxable year to date" income on the pay slips both state a total annual income of £29,175.

Hopefully the reviewing case officer will see it this way too, and I will be lucky with the review.

Has anyone else had a refusal overturned on review? Did you write a request for review letter yourself or get professional help?

[ball1333]

Please search the archives before creating a new thread people!

Here's a thread someone else started on the same topic. Perhaps a moderator will merge your thread into this one.

http://www.immigrationboards.com/viewtopic.php?t=16349