HSMP Rejected : Please Help: UK Allowance

[pinnacle]

Hi All,

My HSMP got rejected. I am a INCOUNTRY applicant. I got 50 points out of my claimed 85.

Bachelors degree - Claimed 30 Got 30
Age Claimed 20 Got 20
English Language requirement Met.

I am an employee of Indian Company in UK from the last two years on a Work Permit. I am given per-dieum (Daily allowance in UK) and my full Indian Salary. I submitted my ITR2 , Pay slips signed and sealed & bank statements. I dont get and paysplips for the perdium I get in UK neither I get any PO60.
I clamed my past earning under Band D as my country of formal residence was India. The CW say that as I am in UK right now my incompe was accessed agaist Band A and so I claim 0 points.


But Perdium is for spending completely.


According to following link which wasn't updated :

http://www.workingintheuk.gov.uk/workin ... rant0.html

Applications from individuals who have been seconded overseas and have claimed points for past earnings, will be considered against the income band of the country in which their position is normally held.

My position is held formally in India and so I should come in Band D.

Also it gives the following example which perfectly fit us.

For example, an Australian citizen working for Citicorp in New York is seconded to Citicorp Malawi for six months to advise on audit controls. His permanent post remains with Citicorp New York, he continues to receive his USA salary and an overseas allowance. His income level remains that of someone working in the USA and therefore the USA income thresholds are the appropriate country codes to consider.


Please help me setting up a review .

[gordon]

Your reference is dated (Sept05) and and is now irrelevant. The Aug07 guidance notes for initial applications indicates the following (p29, boldface emphasis mine):

42. If you have been seconded overseas during the last 15 months and your salary continues to be paid in the normal manner overseas, the country where you have been seconded to and working would normally be considered. In order for us to establish which country code to consider your earnings against you will need to provide evidence of where you have been working and where your salary has been paid for the 12-month period you wish us to consider.
43. 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.

In the main, it appears your earnings were evaluated correctly as a matter of course: you are on a work permit in the UK, and it has been in the UK that you have been working for two years. If you lodge a review on this basis, you need to explore under what (if any) circumstances they would exceptionally consider your earnings in band D rather than band A.

AG

[vidya]

hi pinnacle


There are two approaches that come to mind -

A) You get a letter from your company - eg - TCS. TCS must certify that you are part of the india office , you have been seconded overseas for a named project of specified duration and that your likely return date would be XX/XX/XXXX . Also they must specify in this letter that you have been paid your usual Indian salary and in Indian rupees , which was not changed due to your relocation . Lastly they can state that they paid u perdiem merely to meet your temporary additional costs of living in the UK during ur period of stay. You can specify in the cover letter that you are not claiming points for the per diem under your previous earnings section
B) If they assess you against Band A , then try getting evidence from the company for the per diem and other allowances you get in the UK , and you might qualify for points under Band A

Ergo , i dont think if you want to be assessed under Band D , you can justifiably include the per diem which after is all paid merely to support your cost of living in a Band D country
If you are to be assessed under Band A , then it is not fair of them to evaluate the Indian salary only.

[MyHSMPApplication]

Hi Vidya,
I guess the requirement is pretty clear in this regard. The CWG is very clear with no ambiguity in it.
Point no 43 of CWG is very important in this case.

43. 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

I am not sure how a letter from his employer will change this?
I have always adviced guys in this category to get back to their home country and spend atleast 6 months there, and based on their pro rated salary they can apply again (if they qualify with it).

Otherwise it just makes things very complicated for the case worker.
Any iota of doubt in the case, they tend to reject it.

Cheers
PG

[pinnacle]

Thanks Vidya.. But I can't submit any additional documents for review. I guess I dont want to reapply at this moment of time as I am not confident that a letter from employer will convince CWs and will award me approwal.

MyHSMPApplication I guess the CW are doing this on a case by case basic as 10 of my friends who were exactly under the same situation got approwal. I guess these is no clear guidance which covers my situaltion(Person getting per-dieum in UK).

How can they compare a salaried person in UK to a person getting daily allowance. My postion is formally held in India and so they should have chosd band d.

Please advice

THanks

[rg1]

Basically, companies who provide allowances are aware of that their employees might try for HSMP. Naturally they don't want that. So, it would be tricky for you to get a letter from them.

If you are showing Indian salary, why state you're working in UK currently?

[vidya]

I was thinking the same think , is there no way for you to just apply as if you were applying from india .....

I am only surprised that your friends in the same scenario got the approval , so what did they do differently .....

[pinnacle]

I was thinking the same think , is there no way for you to just apply as if you were applying from india .....

I am only surprised that your friends in the same scenario got the approval , so what did they do differently .....

Vidya,

They did exactly the same as me. There was no difference. I guess its all luck. The CW don't have a my clear policies which cover my case. But I will definatley go for a review.

Happy to accept as many comments as possible.

Thanks,

[pantaiema]

The CW is right. This is also have been highlited by Gordon the relevan paragrapgh in the guidance.

I think this is common sense that many will agree.

Your reference is dated (Sept05) and and is now irrelevant. The Aug07 guidance notes for initial applications indicates the following (p29, boldface emphasis mine):

42. If you have been seconded overseas during the last 15 months and your salary continues to be paid in the normal manner overseas, the country where you have been seconded to and working would normally be considered. In order for us to establish which country code to consider your earnings against you will need to provide evidence of where you have been working and where your salary has been paid for the 12-month period you wish us to consider.
43. 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.

In the main, it appears your earnings were evaluated correctly as a matter of course: you are on a work permit in the UK, and it has been in the UK that you have been working for two years. If you lodge a review on this basis, you need to explore under what (if any) circumstances they would exceptionally consider your earnings in band D rather than band A.

AG

[prem12]

There is a lot of difference when it is a 'Secondment' and when it is a visit on Buisness visa which lasts for 90 days.

You will call it 'Secondment' when you are in UK on work permit visa. And if you are not on Work permot visa, then it is not 'Secondment' and you should not claim yourself to have been "Seconded". I am really surprised how you committed this folly.

You could state this in your review letter that you are in UK on buisness visa and not on Work-permit. You ticked the secondment check-box by mistake and that you are actually not on secondment as such.
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WATER BONG

[pantaiema]

prem12

Pinnacle is on work permit, not business Visa anad it is already 2 years. So this case is very clear which country income band should apply.

There is a lot of difference when it is a 'Secondment' and when it is a visit on Buisness visa which lasts for 90 days.

You will call it 'Secondment' when you are in UK on work permit visa. And if you are not on Work permot visa, then it is not 'Secondment' and you should not claim yourself to have been "Seconded". I am really surprised how you committed this folly.

You could state this in your review letter that you are in UK on buisness visa and not on Work-permit. You ticked the secondment check-box by mistake and that you are actually not on secondment as such.

[prem12]

Oh.. I did not notice that.

Yes, there is no exception then that he is in Band A. Absolutely no exception.
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HALFBAKED