HSMP Letter about to expire - Help on EC needed urgently

[prashant_2_hsmp]

Hi All,

I am an Indian by nationality but I currently reside in singapore. I applied for HSMP in dec, 2007. In dec, 2007 when I applied for 15 months preceding that time, i had spent 7 months in Singapore and remaining 8 months working for an Indian firm. So I prorated my 8 months Indian salary to 12 months and claimed the required points.

HOWEVER, during those 8 months that I worked with that Indian firm, I had travelled to UK on TWES(Training cum work experience) visa. I was in London for 39 days in all. I was paid a daily allowance by the indian firm. I wasnt paid any UK salary nor I paid an income tax in UK. My Indian employer had procurred a TWES work permit which showed a GBP salary for me and showed my occupation as TRAINEE. As I mentioned above, my indian employer never gave this salary figure and only paid some cash towards a daily allowance.

When I applied for HSMP approval, I sent notarized copy of my passport pages CLEARLY showing the TWES visa stamping and my arrival and departure dates from UK. So no hiding of information there. My HSMP was approved.

All well untill now. Today, I saw the following discussion.
http://www.immigrationboards.com/viewto ... t+finances.

After this I am really worried. My salary statements showed my fixed Indian salary. Cash allowances arent mentioned anywhere. I claimed points on my Indian earnings for those 8 months. Even though 39 days were spent in london on a training visa in which OFFICIALLY I was supposed to have received a british salary but I never got it. My HSMP has been approved but I am concerned about EC now.

My questions to all of you is:

Even though I travelled to UK for 39 days during those 8 months, was I correct in claiming points on my Indian earnings? I never earned anything in UK, got my fixed indian salary and some cash allowance over it.

will EC officer have a problem which he had with author of the post mentioned above? I dread that situation.

Can he say that I concealed information, cos I clearly havent. People normally dont send passport information for HSMP approval. I still sent it and also asked them to look at it in my cover letter.

is it possible that the CW didn't read that point of mine or just ignored looking at the passport copy?

A situation like the above post can be really bad. Cos if i am slapped for 10 years, I cant even travel for leasure easily. I would rather ask my perspective employer to sponsor my work permit in UK.

Any opinions are welcome. I only have 3 more days to apply after that my HSMP letter expires

[geriatrix]

Even though I travelled to UK for 39 days during those 8 months, was I correct in claiming points on my Indian earnings? I never earned anything in UK, got my fixed indian salary and some cash allowance over it.

In the other case (that you have referred to, above) the applicant had spent majority of the 12 months (6 months 8 days) in UK, and though he did nothing wrong in using his Indian salary to claim earnings he shouldn't have used the income band for Indian earnings. Because he was in UK for 6 months 8 days, his (pro-rata) earnings calculations should have been according to UK banding (since he was physically present and working in UK).

Your case is different and it will be incorrect to comare your situation with the other applicant. You have calculated earning based on where you worked most of your time in the given 12 months - India, and this is in line with the HSMP guidelines.

will EC officer have a problem which he had with author of the post mentioned above? I dread that situation.

Don't think so. Same reason as above. The other applicant concealed that he was working in UK for majority of the 12 months and though he should have pro-rated his salary as per UK banding, he pro-rated his salary on Indian banding instead. That's where he was at fault. But you didn't conceal any facts and pro-rated your salary wrongly.

Can he say that I concealed information, cos I clearly havent. People normally dont send passport information for HSMP approval. I still sent it and also asked them to look at it in my cover letter.

Even if it comes to the situation that you are called for an interview (don't think so), all you need to do is carry a copy of your HSMP application pack with you to the interview - cover letter, documents, form, etc. etc. Let the ECO see for himself that you have clealry explained yourself in the first instance.

is it possible that the CW didn't read that point of mine or just ignored looking at the passport copy?

Doesn't affect your case because you spent only 39 days in UK and that doesn't require you to pro-rate your salary on UK banding.

A situation like the above post can be really bad. Cos if i am slapped for 10 years, I cant even travel for leasure easily. I would rather ask my perspective employer to sponsor my work permit in UK.

Completely different circumstances, so IMHO, it will highly stupid to even think at this stage that you will end up in the same situation as the other person.

The only discrepancy I see here is that when your employer applied for TWES visa, they promised to pay GBP salary during your training in UK. But in reality they did not! Again this is no fault of yours, it is the employer who is at fault and if any action has to be taken, it must be taken against the employer. You are the victim here !

Hope this helps.


regards

[prashant_2_hsmp]

First of all many thanks to you sushdmehta. Mine is a little complicated case and im glad you took time out to get the hang of it.

What you said has lowered my anxiety for sure. There is one concern I have and I thought i would confirm it with you.

my application reachd the HSMSP office on 14th Dec, 2007. Period of 15 months preceding this time start from September, 2006.
time scale I am talking about are:
14th sep, 2006-11th oct, 2006 - In India
12th oct, 2006-18th nov, 2006-UK on TWES
19th nov,2006-19th may, 2007 - in india
20th may, 2007-18th dec, 2007 - in singapore

When I sent my application I analyzed my case as 8 months in India and 7 in singapore, so i prorated my Indian earnings. However, out of those 8 months, 39 days were in UK. Just confirming with you, you think I still did not mess up?

My concern is that if i broke 15months down into 1.2 months in UK, 6.8 months in India and 7 months in singapore, then singapore forms the longest stay.

[geriatrix]

Hhhmmm.... .

I assumed that the 8 months in India you were referring to were out of 12 months you had used to claim points for previous income. But it seems that those 8 months were out of the 15 month window that HSMP allows you to pick the 12 months from .

15 months is just a provision .. nothing else .... but income is calculated for only 12 months of your choosing from that 15 month window.

The following will help you ascertain whether you made a mistake or not.
1. Which 12 months did you use for claiming earned income in your HSMP application??
2. Calculate the number of days you worked in India, UK and Singapore - but only for the 12 months you get in response to question 1 (don't confuse with 15 months window preceding your application).
3. According to your calculations in response to question 2, where did you work for the maximum time - India or Singapore?

You should have prorated your salary on the bandng of the country you get as answer to question 3.


regards

[prashant_2_hsmp]

I did not mention any 12 month period in my application instead mentioned an 8 month period from 18th Sep, 2006-18th May, 2007. Then prorated it to 12 months.

my application was dispatched on 10th dec, 2007. I considered the period of 15 months preceding this date. This goes back to 10th September, 2006.

Between 10th Sep, 2006 & 10th December, 2007, i spent 39 days in UK for a training. I today procured a letter from my ex-employer in india stating that no salary was earned by me in UK during those 39 days.
I then spent next 6.75 months in India the remaining 7 months in singapore.

When i sent the application, cos i was employed by an Indian firm I considered the 8 months I was employed by this Indian firm. I PRORATED the earnings of 8 months to 12 months. So, I Actually showed this period from 18th September, 2006 - 18th May, 2007. Due to proration this should have an effect of 18th September, 2006 - 18th September, 2007 if you I had to put down a 12 month period.

[geriatrix]

What's you answer to Q26 and Q27 of the HSMP form? If the answers to these 2 questions cover a 15 month period, then technically, you left it to CW to decide which 12 months to use for income calculations.

I still somehow believe there is no reason for you to worry. Read para 41 of the HSMP guidance.


regards

[prashant_2_hsmp]

Following were my response to the questions:

Q26. Start date of earnings period claimed:
18TH September, 2006

Q27. End date for earnings period claimed:
18TH September, 2007 (Actual earnings till 18th May, 2007 were prorated to 18th Sept, 2007 as I have lived in 2 countries. Please refer enclosed letter explanation)

out of the 12 month period i stated , i spent max time in india. However, this 12 month period itself is a pro-rated one. Im too confused now and time is running out.

[geriatrix]

My friend, you prorate your 12 month earnings based on which country you have lived most of the time in the 15 months preceding your application. So what do you mean when you say "However, this 12 month period itself is a pro-rated one"? .

I think your nervousness is affecting your logical thinking process.

Go ahead and apply for EC. And if called for interview (not likely, in my opinion), take all documentary evidence of your HSMP application with you and speak nothing but the truth.

All the best.

regards

[prashant_2_hsmp]

What I meant was that i pro-rated my indian income earnt between 18th sep, 2006&18th may, 2007 and pro-rated it to 1 year.

That gives a time period of 18th sep, 2006-18th september, 2007.

During these 12 months, chunk of the time was spent in India.
I spent 39 days in UK
205 in india
and rest in singapore.

My doubt is that i have included those 39 days in UK under my past earnings period as I never earnt a salary in UK.
I am nervous indeed and have been pondering over this and waiting for your reply for the last 12 hours.

[geriatrix]

My doubt is that i have included those 39 days in UK under my past earnings period as I never earnt a salary in UK.

You did not consider prorating earnings as per Singapore banding because you did not spend most of the time in Singapore (in line with HSMP rules). Right??

Same rule applies for time spent in UK. You did not consider prorating earnings as per UK banding because you did not spend most of the time in UK.

You spent most of the time in India, and you prorated your income based on India banding ....... that's what the HSMP rules tell you what to do in a situation such as yours. Doesn't it?? So why worry ???

regards

[prashant_2_hsmp]

Hi all,

I got the EC done today. My passport was returned with requested date as the start ing period. Many thanks to people on this forum. A special mention to susdmehta Thanks a lot, mr mehta, what you did for me is appreciated from the bottom of my heart.

Cheers!