Got Refusal

[mbg]

hi all
i got refusal - no points for earnings as no tax returns submitted (july application with job offer from dec).
my question - i applied as below 28 and now am over - if I appeal the decision with sending new evidences - will I be considered as under or above 28?
best luck to all

[Cosmopol]

I believe they must consider it under the "under 28" rules, if you are appealing the original application. If you supply additional evidence, they may process it as a new app, and then the rules will be for over 28.

[mbg]

Cosmopol, thanks for the quick reply!

[zahidhsmp]

Dear mbg
I think it is better to email them to clear your situation as I think different case workers seems to have different opinions Lets forexample see the following link of noddy214 about paid appeal

http://www.immigrationboards.com/viewto ... ight=noddy

In it noddy214 also have discussion with the caseworker and what I presume from it that on paid appeal the period under consideration is same as in original application

noddy214 wrote:

Moral of the story, she adviced me, that I could consider re-applying or "paid-appeal". Since I had not heard of "Paid-Appeal" I asked her what it means and she said it means although I am appealing, which means the period under consideration remains the same, I would like to pay for it so that I can add additional documents.

In my paid review I also assumed that my period will remain same and thats why I provided the earning figures same as they were in previous application and I also mentioned this thing in my covering letter. However I have also provided the letter mentioning the salary details for the period in which the application was under process. So the things seems to be confused as for as the paid appeal is considered.

Regards

[mbg]

Thanks Zahid for the information.
And the issue is even more complicated as I am from a country exempt from payment - so if I appeal how will they make difference if it is paid or unpaid?
I really got confused - talked with my caseworker minutes ago and he said that they in fact does not have paid appeals and paying the fee again means that you are sending new application - but I don't think that all caseworkers share his opinion.
Reading your post, it looks like that even home office get confused with that issue!

[shonolaku]

[code]Posted: 18 Feb 2005 10:54 Post subject: Got Refusal

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hi all
i got refusal - no points for earnings as no tax returns submitted [/code]
mbg,
Did you send other documents for earnings such as salary letters, pay slips and bank statements? I think if you send those other document, you should not be refused as two documents are only required to score a point for earning.

[mbg]

shonolaku,
i sent bank references and letters from employer, detailing salary. Even though, their answer was that the applicant needs to show that the incomes have been declared for tax purposes - it is strange as in the guidance it is said that if an applicant cannot show tax returns it is acceptable to show bank references and wage slips, which is what i have done (substituting the wage slips with letter from employer).
now i wonder whether to appleal on this basis or to sent tax returns as additional documents and taking the risk of being judged as over 28, which will not give me the points.

[tulops]

Are u saying that Pay Slip and letter from ur employer showing your salary package are not acceptable proofs?

[aromated]

Dear MBG
Kindly tell in detail about your application (applying date, Ref. No. etc) if possible.

Regards

[mbg]

tulops,
i've seen a couple of approvals on this forum for applicants who have sent only wage slips (letter from employer) and bank statements. In my case it didn't work. it looks like that different caseworkers have different opinions - and so that everything is clear note that my bank references were showing only the net (not gross) salary as the employer has paid the taxes before tranfering the salaries to my account - but the employer letter was showing the gross and the net salary for each month. But anyway it was wriiten in the home office letter that the reason for giving me 0 on earnings is that no evidence is supplied that the income has been declared for tax purposes.
aromated -
my details:
12 july applicant
ref no 0223**
job offer re-sent end of january
14 feb - received refusal because of the 0 on earnings

[f2k]

Mbg, sorry to hear about your refusal, it really is hard to take especially in the circumstance that you also have a job offer. Has your prospective employer looked into getting you a work permit?
I think they might be a misintepretation of the documents to provide, i think you provide
1) pay slips and
2) tax returns
and in the circumstance that you dont have one of these two then you should put in the letter from the employer and also the bank statements as an extra documents bearing in mind that statements will only have the net salary and wont say whether the amount has been declared for tax or not. so to submit only the bank statements and letter from employer can be risky.
so if you can get your tax returns then use that and more importantly your wage slips even if you cant get all 12 (if paid monthly) but as many as possible.

[mbg]

f2k- thanks for the advice.
i still have not talked to the company that offered me the job to explain the situation - will try to appeal first, but if things get worse will ask them for a WP - hope they will agree but want to try with hspm first.
and a qusetion to all - it is critical in my case that my application has been refused as maybe now i will be considered as "above 28" and can't get enough points - do you think that i can appeal writing a letter with someting like: "why did you refuse my application and did not request additional documents" and have them ask for additional documents on my application - because if I had been asked for additional documents i still qualify for "under 28", but if sending new documents after refusal - maybe they will consider it as new application "over 28".
hope to have your advice.

[deborahCO]

One thing that might also help is to have your employer do a printout of your payment history over the past 12 months to go along with the covering letter concerning your pay. I did that, as well as submitting payslips and my taxes for the previous year, and it seemed to work. When the printout is submitted, it should show both your gross pay and the taxes deducted from your pay, along with net earnings. That would eliminate the tax/no tax question I think.

[mbg]

Hi all
I would like to ask all of you do you think it is possible to ask for a review of a rejected application sending new information or evidences - but still keeping the original period for earnings and age. The only information I could find in the HSMP guidance about this is:

HSMP Guidance Notes, ANEX C: Payment:

Reviews
27. You may ask for your case to be reviewed if you think the original decision was wrong. If the review results in the original decision being changed, an ex-gratia payment may be made to cover the cost of the review.
28. The decision to issue an ex-gratia payment will be made at a senior operational level. An ex-gratia payment will only be made where we are satisfied that the original decision was wrong and a review application was unnecessary. Please refer to the relevant guidance notes for full details of the review process and how to submit an application for a review.
29. An ex-gratia payment will not be given where:
i) The review is approved on the basis of new information or evidence not previously submitted.
ii) The original decision is upheld.

Do you think that this means that I can send additional documents to my original application, and payng a new fee for a review, to keep the original period - earning period and age toward the date of original application?

[sunny158]

MPG,

I think HSMP only considered the amount of money which was paid into you bank account as your earning, was it over the amount of money to claim your points? They did not regard you gross pay as you earning as you did not provide income tax return, i think it is this case from my understanding.

Basically, you need to prove that the gross income is valid. I think they only accept you income tax return as another form of evidence. Try to get it.

[hsmphopeful]

Ladies and gentlemen,
I believe there is some confusion here. It is my understanding (and correct me if I am wrong) there is no such thing as "paid appeal". You either ask the HO to review a decision, without submitting additional/new docs, which is free, or you send a new application and pay for it. Nowhere in the HSMP regulations I see any reference to "paid appeal".

[indian_in_uk]

Yeah, This is right. There is no such thing as "Paid Appeal".
Its either a review without submitting additional documents (free) or a fresh application (with fees ofcourse).

[mbg]

Indiana and hsmphopeful,

Look at the HSMP guidance, Anex C: Payment Guidance, page 37 of 40, Reviews - item 27, 28, 29:

Reviews
27. You may ask for your case to be reviewed if you think the original decision was wrong. If the review results in the original decision being changed, an ex-gratia payment may be made to cover the cost of the review.
28. The decision to issue an ex-gratia payment will be made at a senior operational level. An ex-gratia payment will only be made where we are satisfied that the original decision was wrong and a review application was unnecessary. Please refer to the relevant guidance notes for full details of the review process and how to submit an application for a review.
29. An ex-gratia payment will not be given where:
i) The review is approved on the basis of new information or evidence not previously submitted.
ii) The original decision is upheld.