Need advice on Past Earnings covering letter

[kck9]

Hello,

I recently applied for HSMP as an incountry applicant. I managed to produce everything for them. But unfortunately it got rejected in past earnings basis.

I am from India and I am a student now. Actually I need to show the past 1 year payslips from Sep-2004 to Aug-2005. (After that I was a full time student in UK, so there is no issues for me to submit the university letter.) Now they have accepted everything. But in the calculation they didnt manage to understand what I was trying to explain them.

1. I provided 12 months payslips from sept2004 to Aug2005. (7 payslips fall under Apr-2004 to Mar-2005 financial year and 5 payslips fall under Apr-2005 to Mar-2006 financial year)
2. I provided Tax compliance (form 16)letter from my company for those financial years.
3. Also I have provided IT returns for the two financial years 2004-2005 and 2005-2006.

But as I was working only till Aug-2005 in my form 16 and IT return there will be less amount mentioned. But if we add the remaining 7 months from the previous financial years they shud have got the correct values.

So in a way they didn't manage to find the exact information what they want in 2 pieces of evidence. Also they are seeing different amounts in IT returns, form 16 and payslips.

1. So 1st thing is they have taken the Net income, instead of Gross income into consideration. Can you tell me do they look for the gross amount (before tax) or the net amount (after tax).

2. Is it possible for someone to give me some idea to explain them the scenario in the review letter.

3. How do we need to send the review form. Do we need to send the complete application pack with appendices or just the review form with the letter explaining is enough.

4. Can anyone applied before for a review and how much chance I can expect to get the positive decision.

Please kindly help me, as I am nearly there with the points, they accepted all the documents and proofs that I have provided, but only the calculation they didnt understand.

Thanks in advance.

[geriatrix]

Hi kck9,

So 1st thing is they have taken the Net income, instead of Gross income into consideration. Can you tell me do they look for the gross amount (before tax) or the net amount (after tax).

The caseworker must consider GROSS earnings, because any deductions are on your "earned" income only.

Is it possible for someone to give me some idea to explain them the scenario in the review letter.

I am not sure if a review will work. It is a mandatory requirement to provide 2 independent evidences as proof of past earnings, AND both the evidences should cover the CORRECT 12 month period. In your case, only one piece of evidence (salary slips) cover the correct 12 month period. The other two evidences (Form 16 and Tax Returns) do not cover the crrect 12 month period, and hence cannot be treated as "independent" evidence.

As I understand it, you cannot include any additional "new" evidence in a review. If that is the case, in my opinion, a review might not be successful because with the current documentation provided, you will be requesting the caseworker to "arrive at a figure of gross earning based on reasoning and inference", in absence of adequate independent proof (2 pieces of evidence). You might want to give it a try, I really can't comment whether it will work or not !!

As I said, this is a personal opinion based on my understanding. Others might have a different viewpoint or feedback.

regards

[kck9]

Dear Sush,

Thank you very much for your valuable comments. In case of the 2nd evidence, form 16 for 2 financial years can be counted as one item and IT returns for 2 financial years can be considered as one item.

The only thing is I need to explain the break up i suppose. Point me if I am wrong.

So I was just wondering if there is anyone got this kind of situations.

Also could you please tell me do I need send only the review application with a covering letter (or) do I need to send the complete application pack. Because they have returned all the documents that I have sent, so I am just wondering do they maintain the copies of our documents.

Please let me know the details.

Thank you

[geriatrix]

In case of the 2nd evidence, form 16 for 2 financial years can be counted as one item and IT returns for 2 financial years can be considered as one item.

You missed the point about "the correct 12 month period".

Here's an example -
Assuming your educational course in UK started in September 2005, the 12 month period immediately prior to you becoming a full-time student is therefore September 2004 - August 2005. Only this 12 month period i.e. September 2004 to August 2005 - can be considered by the HSMP caseworker to arrive that your gross earnings in a year.
1st evidence - Salary slips (September to August) - IS a valid independent evidence !!
2nd evicence - Form 16 (April 04 to March 05) - cannot be considered a valid independent evidence !!
3rd evidence - Tax Return (April 04 to March 05) - cannot be considered a valid independent evidence !!

If you say that you have submitted both Form 16 & Tax Returns for the year 2004-2005 and 2005-2006, you are still asking the caseworker to "infer" your gross earnings by calculating the 7 month salary (Sep. 04 -Mar. 05) from one Form 16 / Tax Return and the remaining 5 month salary (Apr. 05 - Aug. 05) from the other set of Form 16 / Tax return.

Well, you and I both know this is no rocket science because we are familiar with our tax system. But can we expect this from a caseworker ?? No !! Don't expect them to have knowledge of how the tax systems in different countries work.

It is a requirement of the applicant to provide "adequate" evidence to support their application, and not for the caseworker to arrive at estimates based on their own inference or one provided by others/ applicants. More importantly, this is a very convenient reason for the caseworker to reject any application for lack of "required" evidence.

Purely a personal opinion based on the limited understanding I have.

regards

[kck9]

Dear Sush,

I completely accept what you are trying to explain me. But I just want to give a try. Might sound crazy. But have got no other option.

Is it possible for you to guide me through the review process. I don't know whether we need to send all the application pack with the review application or not. They have returned me all the documents. So if I want to apply the review letter, even though I am not adding any new evidence, can I send the same documents or do they maintain the photocopies.

Also is it possible for you to help me with some wordings or covering letter for this issue.

Pls let me know

Thank you

[geriatrix]

Hi Kck9,

There's no harm in trying .. I completely agree on that !! I just wanted to explain the background so that you could make your review case accordingly and word it appropriately.

Unfortunatley, I have no idea about the review process. Sorry


regards

[sssm]

hi kck9,

in Pastearnings.pdf which is caseworkers' guidance document to assess our pastearnings.. I just saw a statement which says

<QUOTE>
"The applicant should send in the most recent tax return. The caseworker should be aware that taxation periods vary across the world and therefore the return may not cover the whole 12 month period. In cases like these the wage slips should used to confirm earnings."
<UNQUOTE>

So I think a small brief description of our taxation months should be fine.

What are your thoughts?

[geriatrix]

Hi sssm,

Personal opinion ??? Use this approach if your gross earnings on the tax return are "more" than the minimum requirement for that income category, as there's a scope of ambiguity and the benefit of doubt lies with the caseworker.

Not saying in any way that this (including a tax return and providing a brief explanation) will be "unacceptable" to caseworkers. It all about making things simple for the caseworker, so that you leave no room for him/her to reject.


regards

[1971]

Hallos guys,

Just make a speadsheet explaining in detail the breakdown of your salary and tax returns with all th respective dates. Also, let the caseworker know that due to variations in tax periods across your country, hence this differences. Check the HO website for the review for request form.

I am sure you can win if you believe.

Regards.
1971.

[kck9]

Hello guys,

Thanks for your everlasting support which is increasing my chances. I can certainly do that excel sheet and also explain the taxation periods in my letter.

Dear 1971 can u suggest me any format of the excel sheet which can explain clearly to him. I am trying to analyze the things, but as my plans failed with the first application, I am in need of the others ideas. So could u just point me thru some example if u have.

As sush said I am trying to make the things look simple for the caseworker.

I have seen the HO website regarding the review form. They say that I should support any new evidence, but there is no comment about the old evidence. As they have sent all the documents back I am in doubt whether I have to send them again or do they maintain the copy.

Thank you

[prashanth]

Hi All

I am submitting my HSMP application end of next week. I have a doubt to clear. please help.
My past 12 months wages slips will be from Sep 05 - Aug 06 - this is the 1 st proof. And my Tax return (SARAL 2D) from Apr 05 to Mar 06 (Fiscal Year) - second proof. The dates doesn't match and is there any trouble with this? i can't get tax return from Sep 05 to Aug 06 from Indian Tax people anyway but i do have payslips from Apr 05 to Aug 06.

How do i solve this problem. If i attach a covering letter explaining this with these proofs, will that be enough?

[kck9]

Hi Prashath,

Ofcourse you cant produce the tax form for Apr06-Aug06. Also in your covering letter, try to explain the Indian taxation system, like for which financial year do you file the tax returns, which months are considered as a financial year etc. Thats the mistake I made. I didnt explain properly. I thought the 1st proof they are going to calculate and the 2nd proof they just need but they may not tally.

But they tried to calculate everything and they didnt understand properly and rejected my application.

the other option you can think of is try to get a breakdown statement from your employer/ bank statements/ CA letter. Might be they might consider them as second proof.

check HO site whether they accept these docs as proofs or not.

Thank you