HSMP Refused on Past Earning

[shehriar]

Hello,

I am from Pakistan & got the refusal letter yesterday. They did not awarded me points in Past Earning. I submitted the application on 4th September and decision was made on 26th September and documents received on 4th October.
Period = August 2005 to July 2006.
Education = 15
Experience = 25 (claimed 50)
Past Earning = 0 (claimed 25)

I submitted 4 types of evidences for past earning. Salary Slips, Bank Statement, Payment Certificate from Employer and Tax Return coverying July 05 to June 06.

The problem which I find out is that they applied conversion rate on my Net Salary while I calculated the earning on Gross Salary and Case Worker manual clearly states that past earning will be calculated on Gross Salary. My details are.

Gross Payments: Rs. 8,53,787.00
Tax Deductions: Rs. 47,827.00
Other Deductions: Rs. 2,437.00
==================================
Net Payments: Rs. 8,03,523.00

Instead of applying conversion rate on my Gross Salary i.e 8,53,787.00 (on 31st July 2006 conversion rate was 112.229) and my total earning are £7,607.54.

But they applied coversion rate to my Net Payments i.e 8,03,523.00 (conversion rate around 112) and calcuated my earning 7,178.

Please help me out in this situation. What kind of information I should provide for Review. Should I only submit my request only for Past Earning or both Experience & Past Earning.

Which forms i supposed to send and should I sent it through Fax or email. Also, how to write the Review request application.

Your early response in this regard will be highly appreciated.

Thanks in advance & best regards.

Shehriar.

[root]

I am really sorry to hear this.

u r right in this case.
fax them review request form, download it from all form section.

and also a letter of explanation. which clearly shows all of ur calculations as u showed in this thread.

did u show all calculations and clearly mentioned gross and NET salary in ur evidences?
It seems that it depends on luck.

[shehriar]

Hi root,

Thanks a lot for your quick response. The detail which i mentioned in this threed is taken from the Payment Certificate from Employer. I clearly mentioned the Gross & Net Salary.

You are right, that it is all about luck that is why I have to face this situation.

Should I send the application through fax or send through DHL. Also, please advice whether I should ask for review of Experience too. As I have 10 years experience and 5 years of Oracle DBA/Team Lead.

What I am planning is to simply send the request for Past Earning. If i am able to get 25 points then i will be through insha Allah.

Waiting for your response. Can I send you the Review Letter for cross check at your personal address.

Thanx a lot and best regards.

Shehriar

[root]

Did ur refernce letters cover all responsibilities..? I am amazed why they gave u just 25, atleast they can give u 35..if not 50

Claim on both grounds.

Send them fax with to the point clear explanation of both things.

Pray to Allah. With only HIS blessings u can succede.

Put review request here so that other members can also give u their valuable suggestions.

[first2last4]

Hello,
Education = 15
Experience = 25 (claimed 50)
Past Earning = 0 (claimed 25)

I am in a impression that points (for a category) are awarded in full or none.
So if one claims 50 for experience they award 50 or 0.
But this is not true as evidence from your case.

[root]

It is cleary stated in manual and I talked to caseworker about it.

they give marks according that how much they r satisfied with proofs.

they gave marks between minimum points to points claimed.
it seems that they only satisfied with 5 yrs work evidence thats why they gave u 25.

[shehriar]

Hello,

Thanks everyone for their timely response.

I have downloaded the Review form from following. Please verify whether this is the correct one or ? Also, I would like to know that is it better to Fax the Review Request of should be sent through DHL.

http://www.workingintheuk.gov.uk/workin ... hanges.doc

Aslo, is it the correct Fax Number 0114 207 6021

Can any advise that should I applied for review of both Experience & Past Earning or simply Past Earning as I need 25 points more and to avoide to much completion in review request.

Kindly have a look at my review request letter and let me know if anything else needs to be mentioned.

Reference your letter dated 26th September 2006 regarding refusal of my HSMP application.

I am very much thankful to the HSMP team for considering and assessing my HSMP application. The brief summary of my application is as follows:

Application Over 28.

Academic Achievement claimed - 25 awarded - 15
Work Experience claimed - 50 awarded - 25
Earning Criteria claimed - 25 awarded - 0

TOTAL claimed 100 awarded - 40

I claimed 25 points in Past Earning Section, but 0 points were awarded. I request you to kindly review my HSMP application on following grounds.


Payment Detail Chart (Unable to attache)?


Gross Payments (A+B): Rs. 8,53,787.00
Tax Deductions: (C) Rs. 47,827.00
Other Deductions: (D) Rs. 2,437.00
============================================
Net Payments: (E = A+B-C-D) Rs. 8,03,523.00


What I understand from the Decision Letter that conversion rate have applied on Net Salary
(E= A+B-C-D) i.e. Rs. 8,03,523.00 instead of my Gross Salary (A+B) i.e Rs. 8,53,787.00/=.

On my last salary day of 12th months i.e. Monday, July 31, 2006 the Currency Conversion Rate was (www.oanda.com): 1 British Pound (GBP) = 112.229 Pakistan Rupee (PKR).

As clearly mentioned in Past Earning HSMP INTERNAL CASEWORKER GUIDANCE V6.0 on page No. 5 that “The assessment should be made on the applicant’s gross income for the period”.

Step 01: By applying the conversion rate on my Gross Salary (A+B) i.e
8,53,787.00 * 112.229 = £7,607.54.

Step 02: While HSMP team calculated the Past Earning by applying
applied the conversion rate on Net Salary (E= A+B-C-D) i.e. 8,03,523.00 * 112 = £7,178.

According to the Past Earning HSMP INTERNAL CASEWORKER GUIDANCE, my Past Earning should be considered £7,607.54 calculated in Step 01 instead of calculation done in Step 02.

Keeping in view my detail explanation regarding Past Earnings and already provided proofs (Salary Slips, Bonus Letter, Appraisal Letter, Payment Certificate from Employer, Tax Return and Bank Statement) kindly award me the 25 points for Past Earning and also change my decision from Refused to Approved.

An early reply in this regards will be highly appreciated.

Thanks in advance & best regards.


Shehriar.

[root]

go ahead.
review letter looks fine.
review form is fine
send throu fax
try to claim points in both areas.

[olisun]

@shehriar

How much % of tax do you pay in Pakistan??

[geriatrix]

Hi,

Of the 4 documents you say you submitted as proof of past earnings, which 2 documents reflect the same gross salary amount ??? It seems from your case that apart from the salary slips the only document that could have shown the same gross salary figure is the "payment certificate". So the simple question is "Did your payment certificate show the same gross salary as your salary slips for the 12 months in consideration" ??

I ask so because a caseworker will consider your gross salary only if minimum 2 evidences reflect that sam figure of gross salary. In absence of this, the tendency is to take the net salary into account.

I agree that the method of conversion adopted in your case is definitely against the laid down criteria.


regards

[first2last4]

It is cleary stated in manual and I talked to caseworker about it.

they give marks according that how much they r satisfied with proofs.

they gave marks between minimum points to points claimed.
it seems that they only satisfied with 5 yrs work evidence thats why they gave u 25.

Root... Thanks for your reply

[root]

Yes it is required atleast 2 evidences shud show equal amount of earnings.
if not then third or may be fourth document should support claimed earnings. only in one case if payslips r missing then u can give bank statements for missing payslips.

what abt ur tax document? how much gross salary is mentioned there

[shehriar]

Hello,

Thanks sushdmehta & root.

I will try to claims for experience too.

My Salary Slips and Payment Certificate show the same Gross Amount. There is Bonus Amount of Rs. 65000/-. The proof of that amount is Bonus Letter (also transaction in Bank Statment) and it is not mentioned in the salary slip.

olisun, tax rates are different for different categories, so i can't let u know the exact detail.

I have submitted the Tax Return from July 2005 & June 2006. July 2006 & one Bonus not inclued in Tax Return. I already highlited the starting and ending period of Tax Return in initial application and that does seems to be the problem.

I have checked thoroughly and could not find any reason except the conversion rate have applied on Net Salary. Also, there is no clear cut reason in Refusal Letter.

On they metioned that you have calculated xxxxx and we have caculated xxxx amount.

One more question, how can I find out whether my Review Request reached there and it is readable. As Fax documents sometimes create problems. Can I also, send it through email and if yes then at which address.

[root]

This is the problem when one submit so many documents.

I think they cannot make such big mistake to calculate on basis of NET earnings. they I think didnt consider ur bonus or allownances. check if this the difference.
I must recommend that please try to talk to first ur caseworker before sending request.
As he or she will tell u clearly how he calculated these earnings.
On those basis u can prepare ur case more strong.
This is ur assumption that they calculated on NET earnings. It is stated in clearly in manual many times in block letters that it shud be on GROSS. once caseworker decide, their manager also see the case and decision, so i think they cannot make such mistake.

[farah]

shehriar

If you want your review decsion tp be quick and positive than do not send review by fax.Rather send it through courier AND ENCLOSE COPY OF ALL THE DOCUMENTS SENT EARLIER INCLUDING HSMP APPLICATION.
EXPLAIN IN THE COVERING LETTER THAT NO ADDITINAL DOCUMENT IS BEING SUBMITTED.
This advice is based on case worker guidence as well as an e-mail reply from HO to a friend regarding delay in deciding review.

Farah

[shehriar]

Hello,

Thanks a lot root and Farah.

Following is the text of rejection letter.

Earning Criteria - 0 points awarded
=======================
"The evidence submitted did not support your claims for 25 points for this section. The Count Code we assess your earning against is Country Code D and as a result to gain 25 points you must have earned at least the equivalent of ₤7,500. The application form states that you have earned ₤7607.54 in the last 12 months while being in Pakistan. From the efidence provided we calculated your earnings over the last 12 months and converted the final figure to British Pounds. Your earnings equated to ₤7,178, which does not meet the minimum income band for Country Code D. Therefore, we were unable to award points for this section. "

As root mentioned that they might not have accepted your allowance(s). Following are my earning details.

Gross Salary = 775,000 / 112.229 = ₤6905.524
Leave Encashment = 13,787 / 112.229 = ₤0122.847
Performance Bonus= 65,000 / 112.229 = ₤0579.172
==================================
Grand Total = ₤7607.54

So, if they did not accept my Leave Encashment then my earning should be ₤7484.69. If they did not accept my Performance Bonus then my earning should be ₤7028.37. If they don't accept both my Leave Enchashment and Peroformance Bonus then my earning will be ₤6905.52.

Above three conditions amounts (₤7484.69, ₤7028.37, ₤6905.52) does match to the amount calucated by Case Worker i.e. ₤7,178.

So, I am totally unable to find what they have accepted and what they have rejected.

Only thing which is nearer to the Case Worker amount calcuation is 803523 / 112 = & 7174.31 which is not exactly matching to ₤7,178.

Farah, can you please advise that I should send only the copies or origional documents too.

An early response in this regard will be highly appreciated as I am going to submit my appeal on Monday.

Thanks a lot and best regards.

Shehriar

[root]

Shehriar

dont be in hurry as u have 2 valuable chances to appeal.
I will again recommend that please talk to ur caseworker and he will surely tell u in detail that how he calculated that amount.
based on that u will b in a clear position to claim strongly.
dedicate today to make call to HO

[shehriar]

Hello,

Thanks a lot root for your kind guidance. I will try to talk to Case Work before applying.

I am planning to send my documents through courier with all previous documents copies. Please confirm the address as following address is written on Review Form.


Highly Skilled Migrant Programme
PO Box 3468
Sheffield S3 8WA
Fax Number 0114 207 6021

I am also awaiting the response from other memebers of this forum too.

Thanks a lot and best regards.

Shehriar

[farah]

Only copies are to be sent and not the orignals.

Go through case worker guide lines on REVIEW

[eh1981]

Hi shehriar,

As we've been discussing for what is the "correct period to cover for past earnings", I guess you may want to think if they are calculating based on part of the 12 months, I mean as your materials is till June 2006 while your materials were submitted in Sept 2006, the 12 months are not immeidately "prior" to the submission month, maybe they just ate some of your months... is that possible?

[shehriar]

Hello,

Thanks a lot Farah, eh1981.

I will send only the copies for my documents which were sent earlier.

Regarding eh1981 question, i have claimed past earning from August 2005 to July 2006. I submitted the application on August 30, 2006 and my application reached there on September 04, 2006.

As my salary is 65000/- and they have reduced Rs. 50000/- from Gorss payments, that does not match to any of amount like one month salary or Bonus Amount. The only reason which i could find is that they have applied the conversion rate on Net Payment not Gross Payment.

Thanks everyone for helping me to send the review request. Please pray for me as I am going to submitt the request today.

Best regards.

Shehriar