HSMP initial application rejected - Appeal process. Sucess!

[tommyben]

Hi,
I submitted my HSMP application feb 19th together with an FLR application (hoping I would be approved, and given that the transition laws were unclear at the time, I did not want to fall under Tier 1) therefore paid £750 upfront. This was advised many times by the home office call centre to do this during Feb.

I'm disappointed because had the laws changed say end of march I only needed two more weeks of UK earnings and I wouldn't have had to use my Australian earnings to meet the minimum £ criteria. I was only 7 months into my WHM and didn't want to have to go home to Australia to apply to come back in...

Anyhow,

I basically applied for my earnings to be pro rated. It was rejected on the grounds that my Australian payslips were on A4 plain paper without signature and stamp and they were unable to corroborate my overseas earnings

On my application form I claimed for pro rata earnings March 07-Feb08.

Basically my UK income of 7 months (Aug 07-Feb08) - I had submitted original UK wage slips signed/stamped, original bank statements, original statement of earnings from employer - that was all ok

My Australian salaried income with the one employer (using income Mar 07-July 07). I submitted:

1. an original Australian Tax Assessment form (Australian tax year July 06 to June 07),
2. original bank statements showing net income.
3. original PAYG / group certiciate from employer (parent company named Eureka operations) covering earnings for July 06 to June 07. (this ties with the Australian tax asssessment form)

4. my monthly salaried payslips had a subsidary company name of Coles Express (different to the parent name) and were printed with company address. Payslips were never mailed to employers and only available online which I printed off each month.

I would have thought my original group certificate/PAYG summary (together with tax form, original bank statements of net pay) from my employer would be sufficient as it was original from the company and clearly showed my gross income for the period July 06 - June 07. All my wage slips that I submitted totalled to the group certificate/PAYG summary.

Do I have a chance of appealing? could the caseworker be confused between the parent name and subsidiary? Further it was difficult to be able to get the wage slips signed as Eureka Operations/Coles express were bought out by another company last July by Wesfarmers so impossible to get original letter head payslips

Thoughts of my chances to appeal??

To complicate matters the home office have had my passport for 2 months now. I urgently need to travel in 3 weeks. If I submit an appeal and request for my passport to be returned in the meantime will I lose the second half of my application FLR?

Regards,

Ben

ps can anyone recommend professional advice in London?

[tommyben]

Well I've sent in an appeal letter but chances of being overturned are probably none and I imagine the appeal process could take anywhere from 2 months to 4 months.

Basically the advise that I was given from a solicitor was that pay slips, if not purpose-printed, require an official stamp and signature from your employer. The Home Office will not accept unstamped A4 printouts. Whilst it is possible to provide documents in lieu of original pay slips, this would require providing evidence of exceptional circumstances at the time of applying. An original tax return is the only form of evidence that can be omitted from the Past Earnings section that does not require demonstrating exceptional circumstances.

Please be aware that refusal rates for HSMP applications currently run at 72%, usually due to insufficient or invalid documentation.

I guess i'm looking at a fresh application now but I'll have to apply from Australia. I asked whether one can submit an appilcation from within the uk but pretend to be submitting from Australia (ie if I sent all my docos to a family friend in Oz to lodge on my behalf) but still remained in the UK as I have valid leave on WHM to June 09, the advice given was that the home office are introducing new penalties under paragraph HC 321 (General Grounds for Refusal) of the immigration rules. The effect of this legislation is to impose a mandatory 10 year ban on any person caught deliberately attempting to deceive the Home Office with respect to an immigration application. Whether it would be considered deception is unclear, however, the advise is that it would not be worth the risk and simply go back to Australia to apply.

[sethmatch]

Well I've sent in an appeal letter but chances of being overturned are probably none and I imagine the appeal process could take anywhere from 2 months to 4 months.

Basically the advise that I was given from a solicitor was that pay slips, if not purpose-printed, require an official stamp and signature from your employer. The Home Office will not accept unstamped A4 printouts. Whilst it is possible to provide documents in lieu of original pay slips, this would require providing evidence of exceptional circumstances at the time of applying. An original tax return is the only form of evidence that can be omitted from the Past Earnings section that does not require demonstrating exceptional circumstances.

Please be aware that refusal rates for HSMP applications currently run at 72%, usually due to insufficient or invalid documentation.

Hi mate,

Sorry to hear about the run-around. They seem so brutal.

I am applying for the first time from Australia. I was wondering what your advice was in the end about PAYG vs ATO notice of assessment - as you say my NOA shows a lower amount because of deductions, which aren't shown on the notice. On the other hand, the PAYG is just printed on A4.

One last question, maybe I'm paranoid but my payslips have been signed and stamped but it's all in black (i.e. black pen and black stamp). Is it worth bothering them to redo it in another colour (e.g. blue) so it's obvious it's an original? Maybe silly, but these horror stories are making me nervous!

Appreciate any help,

Seth.

[letmec2006]

Ben did you apply for reconsideration. Any Updates.
Anybody applied for review pls discuss your timelines.
Let me c

[tommyben]

Hi,

Just an update. I submitted my appeal letter April 10th. Today, after 2 months of waiting the outcome of my appeal (4 months since my initial application) the home office overturned their original decision and I've been granted initial approval. Woohoo

I was initially excited however as I'm on a working holiday maker visa I fall into the transitional arrangements and cannot switch in country to Tier 1. I'lll have to go back to Australia still to get Entry Clearance

The annoying part of the whole process was in February I submitted both HSMP/FLR applications together. As there were no service standards on the appeal process about a month ago I had no option but to withdraw my FLR application so that I could get my passport back to urgently travel (forfeiting the £ on the FLR application). Had the home office got the decision right the first time I wouldn't have to go back to Australia.

Anyway, so the appeal process works for those lucky few. The whole process I did by myself no lawyers/agencies involved.

This is a great forum and lots of helpful information.

Ben

[tommyben]

Hi,

Just an update. I submitted my appeal letter April 10th. Today, after 2 months of waiting the outcome of my appeal (4 months since my initial application) the home office overturned their original decision and I've been granted initial approval. Woohoo

I was initially excited however as I'm on a working holiday maker visa I fall into the transitional arrangements and cannot switch in country to Tier 1. I'lll have to go back to Australia still to get Entry Clearance

The annoying part of the whole process was in February I submitted both HSMP/FLR applications together. As there were no service standards on the appeal process about a month ago I had no option but to withdraw my FLR application so that I could get my passport back to urgently travel (forfeiting the £ on the FLR application). Had the home office got the decision right the first time I wouldn't have to go back to Australia for the EC.

Anyway just thought I'd share that the appeal process works for those lucky few. The whole process I did by myself no lawyers/agencies involved.

This is a great forum with lots of helpful information.

Ben

[appeal]

Do you guys know long it takes receive a response from Home Office after you send your appeal letter?

[letmec2006]

For Administrative Review outside the Uk its takes 28 days
For appeal it take 5 to 6 months
For reconsideration from within Uk it depends on the number of applications. I applied for review by 6th of May got reply by 16th of July.
Some have got in between 5 to 8 weeks.

Anyone please correct if I am wrong.