HSMP rejection for lack of documents under skilled partner

[surap]

Dear All,

Today I received the much dreaded refusal letter from HSMP

I was awarded 25 points for academic achievement and 35 points for experience (totalling to 60 points)

I have claimed further 10 points for my spouse who is graduate and is working for a multi national company here in the UK. We are now married for 15 months.

According to Indian culture and customs, no matter what the religious orientation may be, co-habitation does not form a part of courtship even if couples are officially engaged - they start living together only after public solemnising of marriage. On the contrary, people in western countries have the possibility of entering into partnerships even before they actually get married.

So what is the possibility of it getting approved on re-appealing on this factor and explaining them the same fact.

Any further insights and help regarding this impasse would be highly appreciated

Thanking you,
Surap

[try-one]

The fact that a particular culture or religion does not condone cohabitation has absolutelly no efect on the law, you are supposed to be a couple for at least 24 months by the date of application, that's the requirement, married or not, is the same requirement, so you have 15, in 9 months you can re apply.

[riding-high]

Try-one,

In the Guidance notes issued by the HO for HSMP, no where does it mention the 24 months madatory requirement for remaining married. All it says is to provide 3 documentations of support, in the last 2 years. I probably take this to mean that the documentation should not be much older than 2 years, if a couple has been married longer. It does NOT say that a married couple of less than 2 years can not claim such points.

I quote : 7.6.3 If you are applying as a married couple you must supply a marriage certificate/ licence plus three items of correspondence of the kind, or from the sources, listed below, which have been addressed to you and your spouse over the past two years, and which clearly show that you have been living together at the same address.

Logically, it does not quite make sense for a person to not get skilled partner points when he/she has been married to a very highly skilled partner for say only 6 months.

[try-one]

Hi,
Yes, IT DOES:
"which have been addressed to you and your spouse OVER the past two years, AND which clearly show that you have been living together at the same address.
"

Your quote 7.6.3 has three elements:
a. Supply marriage license (Plus)
b. Items addressed to the couple for the past two years (24 months)
c. that clearly show you have been living together.

so, going back to my post, you are supposed to be a couple for at least 24 months, if its more, then perfect, but they requirement is clear saying PAST two years, if you have been married for 30 years and you have proof of it but nor for the last two, then you will fall into the discretion of the case worker. So, cohabitation might not be an issue if you manage to show you have been living together for the last 2 years.

Now, your comment regarding "It does NOT say that a married couple of less than 2 years can not claim such points" presents a conflict against your own quote from 7.6.3, how can you show that you have been living together for the last 2 years if you never lived together and married 6 months ago? well, you can't.

You DO need to show that you have been married /living together for at least the last 24 months, two years.

If you are still in doubt, think about this scenario:
Last week is during the last two years, so, anyone wanting the 10 points will get married one week before sending the HSMP, send a document addressed to the couple from last week and off you go....then, any new married couple will get the 10 points..and guess what, you can divorse the week after you get the EC..... It won't work, you need to control that if a person is claiming 10 points because of their partner, they will in fact travel to the UK and will contribute to the local economy and workforce. the two years test is part of most immigration systems in the world, it guarantees the stability and truth of the claim.

Try-one,

In the Guidance notes issued by the HO for HSMP, no where does it mention the 24 months madatory requirement for remaining married. All it says is to provide 3 documentations of support, in the last 2 years. I probably take this to mean that the documentation should not be much older than 2 years, if a couple has been married longer. It does NOT say that a married couple of less than 2 years can not claim such points.

I quote : 7.6.3 If you are applying as a married couple you must supply a marriage certificate/ licence plus three items of correspondence of the kind, or from the sources, listed below, which have been addressed to you and your spouse over the past two years, and which clearly show that you have been living together at the same address.

Logically, it does not quite make sense for a person to not get skilled partner points when he/she has been married to a very highly skilled partner for say only 6 months.

[riding-high]

I guess you are probably right. I have only recently arrived on these board, hence my scepticism.

Although it would really help if HO were to absolutely explicitly state somewhere that a marriage has to be atleast 2 years old for a person to claim spouse points.

[surap]

Thanx try-one and riding high for your replies

I am confused with the wording
SKILLED PARTNER

I was thinking that if one is married and she is highly skilled herself in the sense she is graduate and is now working for one of the multinational companies because of her skills ... how come they are also insisting on the 3 documents that you have lived together.

Either one has to be married and have a skilled spouse

OR

Married and Unskilled/illiterate
or unmarried
and
proof in the form of 3 documents of living together for past 2 years

Moreover I have completed my masters from MBS (Manchester Business School) - 36th in the world by shelling out quite a fortune which has directly been contributed to the UK economy. I also have a job offer of around 60K ... but unfortunately rules are followed closely and to the print whereas there are thousands of illegal immigrants who are twisting and tossing the rules using the loopholes and eventually proving to be a drag on the society as a whole.

I wish they should use their discretion in the wake of other factors and should give benefit of doubt rather than working with a parochial bent of mind.
[/b]

[riding-high]

If they can offer you 60k, surely you canconvince them to fund your work permit. That way you wont have to worry about the HSMP for some time.

Moreover, I believe MBS is also on the HO's list of MBA schools. That way you already score the minimum 65 points, just by having the degree.