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Maira
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Posts: 44
Joined: Tue Jul 13, 2004 10:39 pm

Important Question

Post by Maira » Sat Dec 11, 2004 2:13 pm

I like to reaply for hsmp.
after they rejected my initial application and review


When i applied i was under 28 and now i am over 28, if i will send a paid appeal (reapply) with additional docs then will he be treated as under 28 or over 28 ?
Experts comments will be appreciated.

Maira

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Sun Dec 12, 2004 1:33 am

In the case of reapplication, the 12 months in consideration for HSMP will not be the same as the 12 months during your first application. It will be 12 months preceding the date of your reapplication. On that basis IMHO I would think if you have passed the age of 28, your application would be regarded as over 28.

try-one
Member of Standing
Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Sun Dec 12, 2004 10:12 am

Mwazir,
The paid reappeal could be considered as part of the initial application....I think that the interested party could ask HO to confirm that fact, if they confirm that the paid appeal is part / extension of the initial application but allowing the person to provide additional docs, then the person could argue that they sent the original application before the 28th birthday......
-------------------------
Life is a journey, not a destination (S. Tyler)

Maira
Newbie
Posts: 44
Joined: Tue Jul 13, 2004 10:39 pm

Post by Maira » Sun Dec 12, 2004 12:02 pm

I have been given two options by home office

1) Review

2) “if you wish us to reconsider this decision on the basis of additional information that was not originally submitted to HSMP for consideration, you must submit a new hsmp application. To submit additional evidence for consideration, send a
completed HSMP form with full supporting evidence (including the evidence originally supplied and the appropriate fee to the following address:

hsmp team
home office…”



This is confusing what does it mean .Will they consider me under 28 or over.I have mailed them but I did not received any reply yet.

Maira

Maira
Newbie
Posts: 44
Joined: Tue Jul 13, 2004 10:39 pm

Post by Maira » Sun Dec 12, 2004 5:35 pm

waiting for the reply............................................

sarab
Newly Registered
Posts: 11
Joined: Mon Dec 06, 2004 5:50 pm
Location: USA

Post by sarab » Sun Dec 12, 2004 9:24 pm

Maira wrote:I have been given two options by home office
1) Review
2) “if you wish us to reconsider this decision on the basis of additional information that was not originally submitted to HSMP for consideration, you must submit a new hsmp application. To submit additional evidence for consideration, send a
completed HSMP form with full supporting evidence (including the evidence originally supplied and the appropriate fee to the following address:
Maira
This is interesting.
Option 1) : Is review of same application, without any additional docs.
Option 2) : Looks like this is again review of same application (they said if you wish us to reconsider this decision), ofcourse with additional documents. So this is a PAID APPEAL. So in this option too your application is the same and thus will be considered as under 28.
So reapplying is like option 3).

In that case you use option 2), just make sure that you clearly state that in a cover letter. That you want your application to be reconsidered.

Maira
Newbie
Posts: 44
Joined: Tue Jul 13, 2004 10:39 pm

Post by Maira » Mon Dec 20, 2004 8:17 pm

Hello Everyone,

No reply from home office yet, i called them and the lady does not
even know , that would i be considered under or over 28. I mail
them again but still no answer.

Anyone can help...?

Maira

fomar
Junior Member
Posts: 88
Joined: Wed Apr 21, 2004 8:56 am

Post by fomar » Tue Dec 21, 2004 6:29 am

Try to call HO and ask for the case worker who signed the decision letter. This will be more helpful.

If you got any new news, just let us know

noddy214
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Joined: Wed Mar 17, 2004 10:19 am
Contact:

Post by noddy214 » Tue Dec 21, 2004 6:38 am

Maria,

My suggestion for you is to try and contact your case worker. You must have received your decision letter and the person who signed that decision letter, is your case worker. Try to speak to the person and understand clearly why they rejected your case. That way whatever documentation you send will be more relevant.

Nobody will confirm any thing regarding Paid Appeal. It was something that my case worker shared with me though I don't think she shared it with me officially hence, there is nothing on the HO website.

As regards to the time frame, wether you re-apply or make a paid appeal, the time taken is the same and application kit is also the same.

Try talking to your case worker. If not successful, then go ahead make the application and in the cover letter clearly explain the grounds on which you have sent the application. If you are treating your case as under 28, mention that in your cover letter clearly. Just make sure that yours is not a border line case when it comes to scoring on all criterias. This is to ensure they don't get an excuse to reject your case.

Hope this helps.
Noddy

bani
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Location: UK
Contact:

Post by bani » Tue Dec 21, 2004 12:31 pm

if you are having a hard time getting through by phone, you can also email your caseworker directly -

firstname . lastname @ind.homeoffice.gsi.gov.uk

as noddy said, it is the person who signed your letter.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Dec 21, 2004 6:02 pm

Maira wrote:When i applied i was under 28 and now i am over 28, if i will send a paid appeal (reapply) with additional docs then will he be treated as under 28 or over 28 ?
Experts comments will be appreciated.
1. If your re-application/ appeal is on the basis of the HSMP caseworker misintepreting the documentation submitted in your original application then it will be assessed as under 28 i.e. because it is an error by the HSMP Team.

2. If your re-application/appeal is based on the submission of fresh documentation that was not previously included in the original application leading to the refusal then it is a 28+ case i.e it is considered a fresh application with a new application date.

The HSMP Team as part of the Home Office retain powers to exercise discretion in processing applications - you may request for such but I can not think of any compelling reason where this would apply. Are currently at 28 able to meet the 65 points requirement?

Sher
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Posts: 125
Joined: Wed Oct 20, 2004 11:06 pm
Location: Desh !

Post by Sher » Sat Dec 25, 2004 2:23 am

My two bit:

Take yr chances for an under 28 review/ reconsideration if u cannot prove yrself on over 28 criteria.
Push thru fresh evidence if u need to. It just abt might pass muster.
You have nothing to lose ( assuming u can't make it on over 28 ).
In all this, u are not bending any law.
Ensure however that u do not mis-represent.
nJOY !
may u grow by leaps and pounds !

:roll:

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